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HomeMy WebLinkAboutCity Council-Agenda Packets-1/8/2002 City of Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD January 8, 2002 5:30 P.M. - 6:00 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of January 8, 2002, City Council Regular Agenda Items. 6:00 P.M. -INTERVIEW SH26 ADVISORY COMMITTEE APPLICANTS REGULAR AGENDA 6 :45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter 0 Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Consultation with Attorney regarding Open Records Legal - Pending Litigation - Irricon, Inc. Legal - Pending Litigation - Belknap Property Lease - 5100 Colleyville Boulevard Property Acquisition - Fire Station Property Acquisition - 1713 Glade Road POBOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Dr. Gary Kindley, First United Methodist Church of Colleyville PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS PROCLAMATIONS - Eagle Scouts: John Allen Sullivan, Jr. Brian Hansen PRESENTATIONS - Outgoing Parks and Recreation Advisory Board Members: Rich Hendler Karen V. Birkes Roger Nelson CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-1881 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 18, 2001 PUBLIC HEARINGS: 4. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1320 - A Special Use Permit for a detached accessory building requested by Craig Gandy located at 1117 West L. D. Lockett Road, Case Z-01-030 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1321 - Approval of amendments to Chapter 7 of the Colleyville Land Development Code regarding special event signs, Case G-01-016 6. READING AND PUBLIC HEARING - Re$olution R-01-1879 - Approval of AT&T Basic Cable Rates 7. READING AND PUBLIC HEARING - Resolution R-02-1882 - A name change for Village Park Drive and Glade Road between Colleyville Boulevard and the current Village Park Drive Intersection, Case G-01-020 8. READING AND PUBLIC HEARING - Resolution R-02-1883 - A Preliminary Plat of Westgate Villas requested by Raman Chandler, 14.761 acres located on the south side of McDonwell School Road, west of Remington Parkway, Case P-01- 036 9. READING AND PUBLIC HEARING - Resolution R-02-1884 - A Final Plat of Broughton requested by David Bagwell, 55 acres located on the north side of Hall Johnson Road, west of Highland Hills Lane, Case P-01-024 10. READING AND PUBLIC HEARING - Resolution R-02-1885 - Approval of a design service contract with Washington & Associates for Riverwalk Drive, in the amount of $24,500 11. READING AND PUBLIC HEARING - Resolution R-02-1886 - Appointing members to the SH26 Advisory Committee TABLED ITEMS: 12. CONSIDERATION OF ORDINANCE 0-01-1316 - Amendments to the Land Development Code regarding Special Use Permit requirements for land uses in CC2 Shopping Center zoning district requested by the City of Colleyville, Case Z- 01-027 REPORTS 13. PARKS AND REC~EATION ADVISORY BOARD MINUTES - November 5, 2001 . 14. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 15. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 8, 2002 - Reading and Public Hearing - Resolution R-02-1887 ADJOURNMENT: 16. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Thursday, January 3, 2002, at 430 p.m. f0z~ ~ Cynthia Singleton, TR City Secretary 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 817.577.7575, and reasonable accommodations will be made to assist you. ell" Of .---------. ~-:--...~". . . \!-;:n~i- ~~ ~~~7",,?~;II~---' CITY COUNCIL ~. AGENDA BRIEFING For mtg. : i Item #: I I 01/08/02 CMO Approval: i I 1 Ordinance # : I. N/A I Previous Action: None DEPT. : CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Pending Litigation - Irricon, Inc. Legal - Pending Litigation - Belknap Property Lease - 5100 Colleyville Boulevard Property Acquisition - Fire Station Property Acquisition - 1713 Glade Road Sec. 551.071- Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - s~ CITYMA~~~~ ~MENT HEAD FINANCIAL REVIEW (IF NECESSARY) C.ll." nr ~~, ':"i'" ; p........ .l-.f1:- '? . ~,v-TY""J;- ~ CITY COUNCIL ~. AGENDA BRIEFING For mtg. : I Item #: I I Ordinance # : I . I N/A Previous Action: None DEPT. : I CITY COUNCIL SUBJECT: : CORRESPONDENCE, MISCELLANEOUS ! REPORTS OF MEETINGS ATTENDED BY THE I COUNCIL AND CITY OFFICIALS AND I ANNOUNCEMENTS, PROCLAMATIONS, OR I i PRESENTATIONS i 01/08/02 2 CMO Approval: i I I i I I PROCLAMATIONS - Eagle Scouts: John Allen Sullivan, Jr. Brian Hansen PRESENTATIONS - Outgoing Parks and Recreation Advisory Board Members: Rich Hendler Karen V. Birkes Roger Nelson -:s&A L .~ CITY MANAGER D~~~~ FINANCIAL REVIEW (IF NECESSARY) ~. r I 4 .... t-4" ~: :.:. ~- ,- -'c' ~ t.~~ ;"l ~. '- ;;..: .:. .~ji.~.~..~':.;:-- ~'.~:~~.:,;i~"..~It,.,~=.~:,.;c~00:~~;~"Jr;'-;~ . ..._______~_........_.._ _..... i ~ ~ r; t,::. i1- ~ roclamation CITY OF ;.< ~ ft Colleyville, Texas f ~." ~ ~,' t . ,~. f" \\'HEREA.S: John Allen Sullivan. Jr.. has earned the Eagle Scout Award, the highest honor In Scouting. a truly significant milestone; and !;: f:f: WHEREAS, the requirements for the Eagle rank are to earn 21 merit badges: become a Life Scout and then serve in a troop leadership position for six months; plan. develop. and carry out a service project worthy of an Eagle Scout; and stand before a review board of prominent persons to present evidence of his commitment and observance of the Scout Oath and Law and his qualifications for the Eagle Scout Award; and WHEREAS, Johns Eagle Scout project was to assist the Texas Parks & Wildlife Administration in building special habitat boxes for the endangered Wood Duck species and install them at local lakes. John involved all of the scouts In his troop in constructing the special boxes. The older scouts traveled by boat and installed the boxes; and WHEREAS, John has earned the Eagle Scout rank through hard work. persistence. a commitment to helping others. and a desire to be successful; and WHEREAS, John has demonstrated leadership and a commitment of service to his fellow man by attaining the rank of Eagle Scout. NOW, THEREFORE, I, DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council and citizens of Colleyville. congratulate and commend John Allen Sullivan. Jr. for thIS lifetime achievement and encourage him to use the leadership skills he has learned and demonstrated to the betterment of mankind. ~:.' r' , ;... it:: ~-. """ ~ ,{, ,,, r "'~ IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville. Texas. affixed this 8th day of January 2002. ~F--" IIC"'.,. .:<...~ ::"'I~~~---"":_-..&.--_&..JII:..':_,.... ....~."S'Jf~._ ._ .. ~ ., , : , r t. . i. r-"" i. ! r I> I. t~ t:" ~-< ~. I I, f; _ . _ _ ...- ,......., J ~ _ ~ r~'~ ~ ~ t' ,>- .... ~1. f~' ~. h r !o , . . ~~'e:.....:..:..~. _..~...: h~;" ....:,:... ........;.~...:;;...."'-~i:;,.-_:'~;:...~ ..":a~ ....,,, ,. t, f roclamation CITY OF Co 11 eyvilI e ~ Texas \\-HEREAS: Brian Hansen. has earned the Eagle Scout Award, the highest honor in Scouting, a truly significant milestone: and WHEREAS, the requirements for the Eagle rank are to earn 21 ment badges: become a Life Scout and then serve In a troop leadership position for SIX months; plan, develop, and carry out a service project worthy of an Eagle Scout: and stand before a review board of prominent persons to present evidence of his commitment and 'observance of the Scout Oath and Law and his qualifications for the Eagle Scout Award: and WHEREAS, Brian's Eagle Scout project was to do repairs to the wooden playground equipment located in Colleyville City Park. Brian spearhea"ded a group that sanded and resealed all the timbers used to build the playground. This will extend the life of the playground and reduce maintenance costs and expenditures; and WHEREAS, Brian has earned the Eagle Scout rank through hard work. persistence. a commitment to helping others, and a deSire to be successful; and WHEREAS, Brian has demonstrated leadership and a commitment of service to his fellow man by attaining the rank of Eagle Scout. NOW, THEREFORE, I, DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council and citizens of Colleyville, congratulate and commend Brian Hansen for this lifetime achievement and encourage him to use the leadership skills he has learned and demonstrated to the betterment of mankind. ~ ~- IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 8th day of January 2002. &.. ~~~:~~.~ ~~':;;a ~~".'-'lD.r~~~....~,..:lS."~~1---:~~~~~l~~~~ t , \. ~ t ~ t l RESOLUTION R-02-1881 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JANUARY 8, 2002 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. THAT the minutes of the regular City Council meeting of December 18, 2001, are hereby approved. AND IT IS SO RESOLVED. APPROVED THIS OF AYES, DAY OF NAYS. AND , 2002, BY A VOTE ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING December 18, 2001 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on December 18, 2001, at 7:41 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, Richard Newton and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Interim Public Services Director Keith Fisher, Community Development Manager Barry LeBaron, Project Manager Clayton Husband, Administrative Assistant Cindy Martin, Bob Younger, Building Official and Records Manager Matt Denton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter 0 Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Lease - 5100 Colleyville Boulevard Property Acquisition - Fire Station .property - Proposed Sale of Land - 5209 Colleyville Boulevard Property Acquisition .- 1713 Glade Road Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Mayor Arp explained that the Executive Session had been called in accordance Texas Government Code Chapter 551, Subchapter 0, Section 551.071 - Legal, Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:50 p.m., and reconvened at 7:41 p.m. The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic Church. after which Ross Foster led the Pledge. CITY COUNCIL MINUTES DECEMBER 18.2001 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp stated that due to the holiday season and in consideration of persons attending the meeting, the Council would move item 9 to Item 6 and Item 12 to Item 7. Mayor Arp also informed the public that she would have to leave the meeting around 9:00 p.m. and Mayor Pro Tern Tigue would preside for the remainder of the meeting. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-01-1874 Consent Items: a Approval of minutes of the regular City Council meeting of December 4, 2001 b. Approval of minutes of the City Council Worksession of December 6, 2001 c. Approval of Broker/Dealer Firms on an annual basis for investment purchases Mayor Arp opened the public hearing and read Resolution R-01-1874 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Richard Newton asked if the Resolution should include the names of the broker/dealer firms. The City Attorney stated that the resolution did not have to include the names of the broker/dealer firms. Mayor Pro Tem Tigue moved to approve Resolution R-01-1874. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays None Mayor Arp declared the motion carried. 2 CITY COUNCIL MINUTES DECEMBER 18, 2001 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1314 - Consideration of amendments to Chapter 9 of the Land Development Code regarding Perimeter Street Improvement Requirements, Case Z-01-022 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1314. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue provided an overview of the Council's desires to address this Issue. Discussion ensued regarding the history of the waiver of perimeter street fees, the loss of an estimated $1 million in revenues and the perimeter fees for a 350-foot lot based on 50% of the total, for a cost of $24,387. Mayor Pro Tem Tigue moved to approve Ordinance 0-01-1314. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman and Mayor Pro Tern Tigue Nays: Councilperson Newton Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1315 - A Zoning Change from AG to R40 (single family residential) requested by Donald C. Wilson on 1.4 acres located at 5102 Montclair Drive on the west side of the street, Case Z-01-026 Mayor Arp opened the pub.lic hearing and read the caption of Ordinance 0-01-1315. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Feldman moved to approve Ordinance 0-01-1315. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 3 CITY COUNCIL MINUTES DECEMBER 18, 2001 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1316 _ Amendments to the Land Development Code regarding Special Use Permit requirements for land uses in CC2 Shopping Center zoning district requested by the City of Colleyville, Case Z-01-027 Mayor Pro Tern Tigue opened the public hearing and read the caption of Ordinance 0- 01-1316. Mr. Bruce Jackson, 4408 Colleyville Boulevard, speaking on behalf of Colleyville Animal Clinic, requested an exemption from the CC2 for an SUP permit or removal of an SUP permit for a Veterinarian office with kennels. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice moved to table Ordinance 0-01-1316, to provide an opportunity to notify CC2 property owners. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tern Tigue Nays: None Mayor Pro Tern Tigue declared the motion carried. City Manager Bill Lindley reviewed the process of notifying property owners of CC2 zoning and stated that Homeowners Association representatives would also be notified of this proposed change to the Land Development Code. Councilman Rice stated that this process exceeds the notification requirements. Mayor Pro Tem Tigue requested that staff review the proposed amendments to the Land Development Code regarding Special Use Permit requirements for land uses in CC2 Shopping Center zoning districts and reviewed current uses that require a SUP. Discussion ensued regarding SUP requirement~ for properties adjacent to residential neighborhoods and the impact of certain businesses on residential neighborhoods. City Attorney Ross Foster stated that an SUP zoned property maintains the same zoning if the property is sold. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1317 _ Approval of an amendment to Chapter 18 of the Colleyville Code of Ordinances regarding adoption of the 2000 Edition or the International Building Code, with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Government, Case G-01-019 4 CITY COUNCIL MINUTES DECEMBER 18,2001 Mayor Pro Tern Tigue opened the public hearing and read the caption of Ordinance 0- 01-1317. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Feldman moved to approve Ordinance 0-01-1317, as amended to include the following: R902.3 Minimum Roof Class. All roof coverings shall be a minimum Class C. All individual replacement shingles or shakes shall be a minimum Class C. Exception: Non-classified roof coverings shall be permitted on building of U occupancies having not more than 120 sq. ft. of projected roof area. When exceeding 120 sq. ft. of projected roof area, buildings of U occupancies may use non-rated non-combustible coverings. Section R907.1; add a sentence to read as follows: All individual replacement shingles or shakes shall comply with Section R902.3. Councilman Rice seconded the motion. Staff reviewed the process for developing proposed amendments to Chapter 18 of the Colleyville Code of Ordinances and adoption of the 2000 Edition of the International Building Code. Discussion ensued regarding high-rise building height and sprinkler systems. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tern Tigue Nays: None Mayor Pro Tern Tigue declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1318 _ Providing for the taxation of leased motor vehicles pursuant to Texas Tax Code, Section 11.252 Mayor Pro Tern Tigue opened the public hearing and read the caption of Ordinance 0- 01-1318. There was no one present wishing to speak concerning this item and Mayor Pro Tern Tigue closed the public hearing. Discussion ensued regarding the impact of the ordinance on the City and the purpose of the taxation of leased motor vehicles. 5 CITY COUNCIL MINUTES DECEMBER 18,2001 Councilman Feldman moved to approve Ordinance 0-01-1318. Councilman Rice seconded the motion. Councilman Hocutt stated that passage of this ordinance reserves the city's right to impose this tax in the future. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tern Tigue Nays: Newton Mayor Pro Tem Tigue declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1319 - A Zoning Change from R20 to PUD-R requested by Claire Edwards, on Lot 18, Block 3, Andy Felps Addition located on the northeast corner of Cheeksparger Road and Felps Drive, Case Z-01-029 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1319. Ms. Olivia Locker, 116 Cheek Sparger Road, Mr. Randy Knight, 4205 Felps Drive, Mr. Paul Dennie 200 Cheek Sparger Road, Ms. Peggy Dennie, 200 Cheek Sparger Road, Ms. Virginia Garrett, 128 Cheek Sparger Road, and Mr. Paul Fisher, 6828 Hadley spoke in favor the proposed ordinance. Mr. Steve Lundgren, 4002 Steeplechase Drive, Mr. Brian Dunn, 3809 Felps Drive, Ms. Marie Peters, 4000 Steeplechase Drive, Ms. Lorna Sills 412 Greenbriar Lane, Ms. Wanda Knight, 3917 Felps Court, Mr. Steven Knight, 3917 Felps Court, Mr. Tim Robert, 215 Cheek Sparger Road, Ms. Denise Robert, 215 Cheek Sparger Road, and Mr. Kurt Barrett. President and representative of Bridlewood Homeowers Association, 4102 Wellington Drive, spoke in opposition to the proposed ordinance. There were no others pres.ent wishing to speak concerning this item and Mayor Arp closed the public hearing. Attorney Mike Newman, 2601 Airport Freeway, Suite 300, representing Claire Edwards provided an overview of the zoning request and related issues. Applicant Claire Edwards addressed the Council regarding this zoning request. Ms. Edwards also dIscussed plans for development of an Andy Felps Homeowners Association. Ms. Edwards read into the record a statement representing the Andy Felps Addition homeowners. 6 CITY COUNCIL MINUTES DECEMBER 18, 2001 Discussion ensued regarding the concerns presented by proponents and opponents of the proposed zoning case, including traffic, zoning, tree preservation, property restrictions related to the proposed use and the 25% rule related to business use and the residency requirement. Mayor Pro Tem Tigue moved to deny Ordinance 0-01-1319. Councilman Brad Rice seconded the motion. Councilman Newton requested that the applicant, Ms. Edwards, respond to the 53% for business use as provided under the proposed ordinance and asked Ms. Edwards if she would be able to comply with the 25% requirement. Ms. Edwards indicated current use is proposed for 36%. Councilman Newton asked if she could comply with the 25% requirement and Ms. Edwards stated that she would need at least 30%. Mayor Arp reminded the Council that a supermajority vote is required due to Planning and Zoning Commission's denial of the zoning request. City Attorney Ross Foster clarified that the sale of the property would not affect the zoning of this property. Staff clarified the requirements of home-based businesses: 1) employee outside the home coming to a place of work: 2) use of more than 25% of home for business use: and 3) traffic impact on neighborhood. Barry LeBaron, Community Development Manager, clarified the process of handling a home-based business complaint and the definition of a home-based business. Discussion ensued regarding issues associated with rezoning such as the master plan, residency requirements, percentage of use, outside employees, number of Colleyville home-based businesses and potential domino impact on future properties. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tern Tigue Nays: Councilman Newton Mayor Arp declared the motion denied. 10. READING AND PUBLIC HEARING - Resolution R-01-1876 - Allowing the City to accept proposals from and award a bank depository contract to a Texas financial institution outside the City limits Mayor Pro Tem Tigue opened the public hearing and read Resolution R-01-1876 in its entirety. 7 CITY COUNCIL MINUTES DECEMBER 18, 2001 There was no. one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Discussion ensued regarding requirements for accepting proposals from and award a bank depository contract to a Texas financial institution outside the City limits and included defining the proposal process. Councilman Hocutt moved to approve Resolution R-01-1876. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tern Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-01-1877 - Approval of Railroad Controls Limited to install railroad crossing warning devices at John McCain Road, Pleasant Run Road and Bransford Road Mayor Pro Tern Tigue opened the public hearing and read Resolution R-01-1877 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tern Tigue closed the public hearing. Mayor Pro Tern Tigue reviewed federal regulations and the installation of dual gates. Councilman Newton moved to approve Resolution R-01-1877. Councilman Feldman seconded the motion. Staff stated that dual gates at John McCain Road will be installed with the realignment of John McCain Road. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tern Tigue Nays: None Mayor Pro Tern Tigue declared the motion carried. This item was moved to Item 7. 8 CITY COUNCIL MINUTES DECEMBER 18, 2001 12. READING AND PUBLIC HEARING - Resolution R-01-1878 - Consideration of appointments to the Parks and Recreation Advisory Board Mayor Arp opened the public hearing and read Resolution R-01-1878 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp opened the floor for nominations. Councilman Hocutt nominated Bill Mitchell for Place 2. There were no other nominations made. Mayor Arp declared that Bill Mitchell will serve in Place 2. Councilman Rice nominated James Messina for Place 4. Councilman Newton nominated Rich Hendler for Place 4. There were no other nominations made. James Messina - Councilpersons Rice, Feldman, Hocutt and Mayor Pro Tem Tigue Rich Hendler - Councilman Newton Mayor Arp declared that James Messina will serve in Place 4. Councilman Feldman nominated Meg Davis for Place 6. Councilman Newton nominated Rich Hendler for Place 6. There were no other nominations made. Meg Davis - Councilpersons Rice, Feldman, Hocutt and Mayor Pro Tem Tigue Rich Hendler - Councilman Newton Mayor Arp declared that Meg Davis will serve in Place 6. Councilman Newton nominated Karen Birkes for Place 8. Councilman Hocutt nominated Gil Turner for Place 8. There were no other nominations made. 9 CITY COUNCIL MINUTES DECEMBER 18,2001 Gil Turner - Councilpersons Rice, Feldman, Hocutt and Mayor Pro Tern Tigue Karen Birkes - Councilman Newton Mayor Arp declared that Gil Turner will serve in Place 8. Councilman Feldman moved to approve Resolution R-01-1878. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt. Rice, Feldman, Newton and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-01-1879- Approval of AT & T Basic Cable Rates . The Council passed on this item to provide an opportunity for staff to conduct additional research. This item was moved to Item 8. TABLED ITEMS: 14. CONSIDERATION OF ORDINANCE 0-01-1298 - Approval of a city limit line adjustment between the City of Colleyville and the City of Hurst on 1.4 acres of land at the common city limit line and the end of Live Oak Drive, Case G-01-014 Mayor Pro T em Tigue opened the public hearing and read the caption of Ordinance 0- 01-1298. . There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Feldman moved to remove Ordinance 0-01-1298 from the Table. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tern Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 10 CITY COUNCIL MINUTES DECEMBER 18, 2001 Mr. Brad Scott, applicant, was present to answer questions of the Council. Councilman Rice moved to approve Ordinance 0-01-1298. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt. Rice, Feldman, Newton and Mayor Pro Tern Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. STAFF REPORTS: 15. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS 16. LIBRARY BOARD MINUTES - November 8,2001 ZONING BOARD OF ADJUSTMENT MINUTES - November 13, 2001 PLANNING AND ZONING COMMISSION MINUTES - November 26, 2001 There was no action taken on this item. 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Linda Baker, 404 McDonwell School Road, spoke to the Council regarding her potential conflict of interest related to appointment to the McPherson Park Master Plan. ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 18, 2001 _ Reading and Public Hearing - Resolution R-01-1880 This item was not needed. ADJOURNMENT: 19. ADJOURNMENT 11 CITY COUNCIL MINUTES DECEMBER 18,2001 There being no further business before the City Council, Councilman Feldman moved to adjourn. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tern Tigue Nays: None Mayor Pro Tem Tigue declared the meeting adjourned at 11: 1 0 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2002 BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Dianne McWethy Deputy City Manager 12 CITY COUNCIL C i fY Of ./'?\' ~ttc: i ( ;1).D~~" J:~ ~'C' 'il....:\:' AGENDA BRIEFING For mtg. : i Item #: I I I Ordinance # : i I 0-02-1320 Previous Action: None DEPT.: i I COMMUNITY DEVELOPMENT SUBJECT: I I A Special Use Permit for a detached accessory I building requested by Craig Gandy located at I 1117 West L.D. Lockett Road. Case Z-01-030 01/08/02 CMO Approval: I 4 First Reading and Public Hearing Backqround Craig Gandy is the owner of property located at 1117 West L.D. Lockett Road, on the south side of the road, just east of Precinct Line Road. The owner has submitted a special use permit application to construct a detached accessory building on the property. The property is 3.47 acres in size. There is an existing house and garage, as well as several barns on the property. Several fenced areas for horses and livestock are also located on the property. The property is zoned R40 Single Family Residential, which allows the owner to keep horses and livestock on the premises. Most of the surrounding property is zoned R40, with a commercial development located at the southeast corner of Precinct Line Road and West L.D. Lockett Road. There are a small number of residences in the area, primarily located on large acreage tracts. (continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-02-1320 Page 2 The owner proposes to construct a new 12,000 square foot horse barn in the southeast portion of the property. He has also indicated that two of the buildings, which combined are 4,417 square feet in size, will be removed within the next one to two years. The owner intends to use the 12,000 square foot barn to house show horses. If the owner constructs the horse barn, there will be five buildings totaling 18,374 square feet in size on the property. If the owner removes two of the buildings, as proposed, there will be three buildings totaling 13,957 square feet on the property. The Land Development Code regulates the size, number, location and use of accessory buildings. All requests to exceed these base standards must be authorized by a Special Use Permit approved by the City Council. A comparison of the regulations and the proposed building is shown below. The proposed building meets all the requirements of the regulations except for the size and number. The applicant has requested a waiver from these requirements, as allowed by the Code. A letter from the applicant is attached. ACCESSORY BUILDING ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1 Maximum Size of all 2,500 sf for 3.0+ acre lots 18,374 sf Buildings 2 Max Number of Buildings 3 5 3 Side Setback 5 feet 5+ feet 4. Rear Setback 5 feet 100 feet+ 5 Max Height Not to exceed height of main building complies I 5 Max Height Not to exceed height of main building complies i Staff mailed six (6) notices to adjacent property owners regarding this request. Staff has not received any correspondence regarding this request. The request is generally cQnsistent with the Master Plan, which identifies this area for non-residential uses. While the current zoning is R40, the Plan contemplates that the area will one day be used for office and/or commercial uses. The use of the property for agricultural or equestrian activities is generally consistent with the Plan. The staff recommendation of denial is based on technical non-compliance with the accessory building regulations, due to the excessively large size of the proposed accessory building. The Land Development Code limits the combined maximum square footage of all accessory buildings to 2,500 square feet for tracts containing three acres or more. Staff is concerned that the magnitude of an agricultural activity contained within a 12,000 s. f. accessory building tends to lose its rural innocence and begins to take on more of a commercial influence on adjacent properties. Agenda Briefing Ordinance 0-02-1320 Page 3 However, the construction of a large horse barn on this tract is consistent with the existing development on the property and on adjacent properties. This portion of Colleyville currently has a number of large acreage tracts with agricultural characteristics. The visual impact of the proposed building on the area would be minimal given its location on the site and the surrounding topography. Since the request is a Special Use Permit, the Council may establish conditions different than or in addition to the normal requirements of the Land Development Code. These conditions may include maximum number of buildings, a limit on square footage of buildings, location and height of structures, or requirements for construction or demolition of buildings. The Planning and Zoning Commission conducted a public hearing and considered this request at the December 10, 2001, meeting and recommended approval by a 6-1 vote (Wall opposed), subject to the following conditions: 1. The allowed use shall be an equestrian boarding and training facility 2. Not more than 28 horses shall be stabled on the property 3. Within six (6) months of the completion of the new accessory building, two (2) of the existing accessory building shall be removed and the total size of all accessory building footprints shall not exceed thirteen thousand nine hundred fifty seven (13,957) square feet. Recommendation Denial. due to technical non-compliance with the Land Development Code Attachments · Location map · Zoning Exhibit (some drawings attached secarately) · Development Review Committee Memoranoum · Applicant's Letter · List of Property Owners Notified · Planning and Zoning Commission Minutes · Draft Ordinance 0-02-1320 Location Map I , . I i I""i! t ~ ~i' r"'-'.- . :. : : .-..-..----..-..--.-..-..-.--..-..-.--..-- , I : j ~ I '" .-. --..- t"R "-'-'A' - -.. -..-..----..- ..-..-..-.. YR" 1"A"i"- ..--.- L ..-..-.. _. .-.. 10.08& @ 1\" _____~ i-- ,,--_____ ^ r: \ I 1.~27i.y~i i BREt:Z'i I>, l' L f.\ 1'l ?f} D I Jv\ C 1'1 po. F j{ L pJZ E . . 01} fD D 1'l i p,CFt:S I ,;-S'1' A '1' i !: ~ G A ;J, t' I TRAe 1 28 I P I " 1. 936 I '.00. I , . @. ~~ . I ' ' ~ ^ <-. ~ " ~ I: l I " .- ~ -: ~..; )i /, ."oJ 3 l'~/! j '7 . .658 @ ; '-' ' : :_1'- I! 1 :t; i........ i:~:Z EAR \] ALL~URCB,. ]' 13 -1'll'fi c ;: ;, !CO~\}AU ADD1'l i~C) I ~ '-.....---"----- ;~ I! 1 l: : I ' ' ,.~ I! ). ,i ( I 1 I ~ ~ I" ,I ~ I! \ I ~ 281 I i Ad 'I i ~" I; /' I I ~ I" it' , ::: ~ ! . ! I . I i _--'I.L~ : ~ tit \ I i I (10.547@) " ~ I i Zoning Exhibit ~~ ~ ! I WEST 481.03 Proposed location 01 100' x 120' ACCBSSOry Building . CD -'~ ~ 5 ':' J~ :: ., . ;Jo 'J. ~ r:;...j . - 0 .,~ ~ C:- ': .0 ~;! ~ .... t/ I " r'l : . CD II .- ..I:~ ~.. j'1J ~ ~Ii :.. ~l" iij! ii /11 .. . ", ,. . . . 111? W. L.D.LOCKE'M' ROAD I" IIEBII9D --yo: . ~ . - . 'I'D CDLtZ'nIU.I .. ft1IIZr YIDI3IIIC 1/2 lAI. (I'D PlAT ., (VOl. 107.. PCl. !ZIIll) Development Review Committee Memorandum CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM November 28,2001 Craig Gandy 817-968-1042 Clayton Husband, AICP, Development Coordinator SUBJECT 2-01-030 Special Use Permit for Accessory Building - 1117 W L.D. Lockett Rd The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office on October 31, 2001. The following comments are for your consideration. ZONING EXHIBIT DRAWING 1. No changes are required to the exhibits. ACCESSORY BUILDING REGULATIONS The following comments are related to the accessory building structure. The comments indicate where the proposed structure does not technically comply with the accessory building regulations. You must submit a letter to the City requesting a waiver from each of these requirements and describing why the waiver should be granted. Please be advised that the Planning & Zoning Commission and City Council have complete discretion as to whether to grant a waiver from the requirements. 1. Size. The regulations restrict the area of all accessory buildings on a 3-acre or larger parcel to a total of 2,500 square feet. The footprint of the proposed structure measmes 12,000 square feet in area. The total square footage of all other accessory buildings totals 6,374 square feet. The total allowed square footage on the property exceeds the maximum allowable size by 15,874 square feet. If any existing buildings are intended to be removed from the property, please include that information in the response lelter. 2. Number of Buildings. The maximum number of accessory buildings allowed on a residential lot is three buildings. There are four (4) existing buildings on the property. 3. Use. Accessory buildings may not be used for commercial purposes, other than those uses pennitted under the R40 Single Family Residential district regulations. It is recommended that the applicant also review Sections 3.27 and 3.28 of the Colleyville Land Development Code as they may pertain to this particular use and structure. , i I P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 Development Review Committee Memorandum DEVELOPMENT REVIEW COMMITTEE Z~1.()3() ACCESSORY BUILDING SUP 4. Building Setback Line. The minimum side building line is five (5) feet. The wall of the building may be eight (8) feet tall at that setback. For each foot taller than 8 feet, the building must be set back one (1) additional foot. This comment is informational only. OTHER INFORMATlON 1. If the COlD1cil approves the special use permit, the owner must still apply for a building permit for the structure. Electrical pennits may be required for the proposed work on the well equipment. Questions about building permit applications and procedures may be directed to the Building Inspection Department at 817-577-7570. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, December 10,2001, 7:00 p.m. Tuesday, January 8 and January 15,2002, 7:30 p.m. RESUBMITTAL REQUIREMENTS Please submit the following to our offices: . a written letter requesting a waiver of the maximum size requirement and number of buildings, and reasons for the waiver The letter must be submitted no later than Wednesday, December 5, 2001 in order to make the scheduled hearings. Please call me if you have any questions. [ C I, . CHOYCE MORROW, PE, ENGINEERI<<i CHRISmuBlNG. ENGINEERING KEmi Fl8HER. ENGINEERJIIG RED BALEY, I'lRE DEPARlMEHT IlOI! YClUNGER, BUI.DlHG ~CTIOH KEU. y HOWELL. PUBLIC WQRKS W<E llOAII, ECONOMIC DE\IEI.OPMEHT DIANNE 1IlCWlmfY, CITY MANAGER'S OfFICE PAGE2OF2 Applicant's Letter Subject:.SpedaJ Use Permit for Attessory B1IildiDg - Ill? W LB. Lockett Rd. Request a waiver fur size IequUeuu:nt JQld rmmber ofbuildings. 1.temJ&2 CurrcmIy there arc three la:es50ry buildings and I de>-attachcd garage on the propeny. > Futw"c pbms include upgrading and or removal ofbuiJdinss A&B See .ttadled survey pI.t ) Area D will also be -upgraded IIpOII oompletion of proposed 5trvc:cun::. ) The proposed building wiD be located on .far south portion of property and wiD not be visible.linm the ftontage road L.D. Lockett. > The building, building site, location. c:4c wiD meet an requirements set furth by the City of Colleyville. IleIIl J The building wiD be used to house worJd-dass show horses and maintc:nmce ~~. . Future Plans indude: > An:bitecturaJ designed Stn1ctDres and Lu.dscape improVfmVl!nt!lil for the entire property ) Noo-profit thc:npeutic riding for mearaDy d1alIensed and disabled youths ) Provide riding area for world-class shaw horses along with Olympic hopefuls pursuing equestrian clwnpinndtips VisioD The propcny will bdp preserve the smalkown connmmity lifestyle that the City i of ColleyviDe has to offer. I plan to improve and maintain the property to be an attraction to City of Colleyville. The propeny -\WI he improved ad maintaiDed IS an exdusive higIH:o.d Equestrian Facility. List of Property Owners Notified Mark & Bliss Herron ] 500 Blue Bonnet Drive Fort Worth, TX 76111 Bear Valley Community Church 720 W. Harwood Rod, #300 Hurst, TX 76054 Bear Valley Community Church 7900 Precinct Line Road Colleyville, TX 76034 BVESCO LP P.O. Box 670903 Dallas, TX 75367 Norma Jones 2509 Honeysuckle Avenue Fort Worth, TX 76111 Stinson Development Corp 7510 Davis Blvd., Suite D Fort Worth, TX 76]80 Case Z-01-030 According to the last published Tax Records dated 09-01-01, individuals who own property that is within the 200' of the proposed special use pennitland-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by Section 211 the Local Government Code. (Notices dated: November 30, 2001) Jan Levy d-- Planning & ~ng Assistant Planning and Zoning Commission Minutes PUBLIC HEARING - A Special Use Permit for a detached accessory building requested by Craig Gandy located at 1117 W L.D. Lockett Road, Case 2-01-030 Clayton Husband presented the case to the commissioners. He explained that the request for a special use permit is for a 12,000 square foot horse barn in the southeast portion of the property. He said that will bring the number of buildings on the property to five and the current accessory building only allows 3 buildings and a maximum size of all buildings to be 2500 square feet. He said the ordinance does not take into account a property as large as Mr. Gandy's property, which is approximately 8 'h acres. He said the applicant has requested a waiver from the requirements, as allowed by the Code. The applicant, Craig Gandy, was present to represent his case. He said that he was willing to answer any questions that the Commission may have. He said he is planning for the building to have 22 to 28 stalls that are 12' x 12' and will have approximately 12 turnouts on the property. Mr. Gandy said that he plans on purchasing additional property to the east. The applicant and commissioners discussed the location of the property and the uses in the area. They discussed how the property has been used for stabling horses that belong to people in the area for a very long time, and the nature of the business being a boarding and training facility for Colleyville residents versus a show place or for rodeos or other commercial ventures. Chairman Gasper opened the public hearing. There was no one present wishing to speak. Chairman Gasper closed the public hearing. The applicant, Craig Gandy, and the commissioners discussed the possibility of authorizing conditions that owners of the horses having there own trainers. Mr. Gandy said that he uses Trinity Waste Disposal to dispose of the manure twice a week. There was discussion about the current requirement and regulations regarding the number of large animals allowed per acre of property. Chairman Gasper said the second issue that needed to be discussed by the commissioners was the use of the property as it relates to the Master Plan. It was said that it seems to be like an equestrian center and the current zoning does not allow for commercial uses. Commissioner Sellers recommended that the Commission limit the number of horses and describe the facility in the Special Use Permit ordinance as a boarding/training facility. Chairman Gasper said that the area where the facility is located has a rural atmosphere and there are no housing additions located near it. She said the applicant is not requesting a zoning change, only a special use permit for the accessory building. Commissioner Wall said that this is a commercial use operation on a property zoned R40 with a future zoning for commercial/office and there is a minor inconsistency in his mind with what they are asked to approve. Clayton Husband said R40 is somewhat an agricultural/residential combination district and if they looked at most agricultural operations, 90% of them inherently commercial types of operations. He said R40 allows for horses with the number allowed being what the Code allows. Mr. Husband said the primary issue being looked at is the size of the building and to some degree what the allowable use might be and they can clarify that in their motion. Chairman Gasper said that she has been to countless City Council meetings and a number of times it is expressed that the citizens like the rural atmosphere of Colleyville and she doesn't think anyone can get a more rural feel than from this piece of property. She said she thinks what the gentleman is asking for is consistent with what the people in Colleyville want to happen as far as maintaining some rural space within the City limits. Commissioner Wall said he is familiar with riding lesson facilities and if there are 28 horses on this property and half the people show up with their trucks, families, and friends, there could possibly be 100 people at anyone time. He asked Mr. Gandy if he proposes to have riding trails so the children can get on their horses and ride around the pasture and the paddocks. Mr. Gandy said there would be riding areas on the additional property he intends to purchase adjacent to the east, and there is currently riding area on the existing property. Commissioner Wall said there would be safety and other types of concerns and he brings up the points because he goes to that type of facility and there are all kinds of problems that pop up He said on a sunny weekend in the fall everybody wants to ride their horses, with kids running all over the place, hopefully, no dogs running around, but it is going to be a huge. huge operation with 28 horses. Barry LeBaron said it could be possible that the property owner could be in non-compliance with the proposed ordinance if the Commission puts in limitations. He informed the Commission as to why they are considering the accessory building and how and why Council changed the regulations. Chairman Gasper said this is a unique situation because in the area, there is a filling station at the corner, a couple of churches, the FAA tower and it's not the typical residential area. She said if Mr. Gandy was proposing to do this operation on Glade Road she would be up in arms, but this is not in the middle of a developed residential area. She said it is in the middle of a very rural agricultural type setting. Commissioner Cully said the point Commissioner Wall is making is valid only to the point that he pointing out the differences they should be dealing with. He said they could consider the fact that in this eight acres there could probably 60 residential homes that could be located on that property, so 28 horse owners would necessarily create anymore of a traffic problem than if you would throw a subdivision in there and have 60 homes. He said it is right that they deal with all the issues on how it makes a difference because they will be facing when someone will want to do something in the future. Chairman Gasper said they need to clearly delineate what they want to happen. Commissioner Sellers asked Mr. Gandy why he established a two-year time frame for taking down the other two buildings. Mr. Gandy said his goal is to improve the current property as far as the cosmetics, landscape, the existing buildings and everything else associated with it. He said there is no real magic behind the two years, but that is a goal he wants to keep up with the progress of the community. He said after the barn is completed he can begin to disassemble the two buildings. Chairman Gasper said that would not bring the property into compliance with the accessory building regulations because they still have a size that is too large. She said it would greatly improve the appearance to remove the two buildings because right now they appear to be metal lean-tos. Commissioner Hollis said he thinks they should clearly identify the two buildings needing to be removed and then put a date on it. Commissioner Cully said it is his understanding that Mr. Gandy has a contract on the property to the east that is conditional upon him getting the building approved. Mr. Gandy said he has a signed contract and it has one condition of receiving approval for the new accessory building. He said he would be adding to the existing property for a total of approximately 20 acres. Chairman Gasper said she thinks there is already an ordinance in place that covers the amount of horses allowed on the property and they need to be more focused on the accessory building and what needs to happen on the property. Commissioner Culley suggested they resolve the issue that no person other than members of the family residing on the property shall be engaged in such occupation. Chairman Gasper interjected that Commissioner Culley is reading irom the "home based business" regulations. She said it probably would make more sense than going through that ordinance section by section to say what it is they would like to have happen. Commissioner Culley said that is where he was headed. He said Commissioner Sellers raised the question whether or not Mr. Gandy would be able to maintain the operation once it is 100% functioning by him. He said they should allow Mr. Gandy to do that without putting him out of compliance on that Issue. Commissioner Sellers asked Mr. Gandy if he planned on building a home on the property for his hired help. Mr. Gandy said he would not and they would be strictly hourly employees who show up in the morning and leave in the evening. Mr. Gandy said he personally does not show horses. Chairman Gasper said the ordinance is currently written that there could be five and by January 31, 2004 the number has to be down to three. Commissioner Sellers said he'd like to see those buildings removed before two years. Mr. Gandy said those buildings are currently horse barns and he showed them where they were on the property. Mr. Gandy said nothing would prevent him from taking the barns down within a two-year period and the Commission could establish a quicker time frame. Chairman Gasper responded that the Commission needs to be careful to not establish too quick of a time frame because the ordinance has to go to the Council for two hearings. Commissioner Sellers said his time frame would be after the completion of the main facility that Mr. Gandy is asking for a special use permit for. He said he'd rather have that than a certain established date. Mr. Gandy said he would be more comfortable with six months from date of completion of the barn. Commissioner Culley said he doesn't want to be in a position of having to rule on when the barn is actually completed. He suggested giving the applicant a little leeway and say four to six months after the date of completion or upon a specific date that falls somewhere past that. Commissioner Sellers said Mr. Gandy would get a Certificate of Occupancy from the City. Chairman Gasper suggested that they add in the six months following completion of the barn but no latter than January 31, of 2004 so they have both a completion date and a certain date. Commissioner Swift asked why they would want to do that because it doesn't make sense to him. He said this is the first domino that the man has to get the barn built first and they can't lock him into a specific date. He suggested just giving him six months after the completion of the barn and a date should not be included in the ordinance because they can't control the date. Chairman Gasper said since there is not a consensus as to whether or not there is a date certain included in the ordinance, and there is consensus as to the six months following completion, they should vote on whether or not they have the date certain included. Commissioner Hollis moved that the buildings as specified would be removed within six months of completion of the barn, but no later than two years from today's date. He said if the barn is completed in ninety days, he would have six months to do it, and if it takes one year, he has one year and six months, but in no case it will be more than two years. Commissioner Swift said to put them into Mr. Gandy's place and what does Commissioner Hollis recommendation mean. He asked if it would be triggered by six months after the completion of the barn or two years from this date and what does it really mean. Commissioner Hollis said if the barn is not completed in the next two years the other buildings will still need to come down Commissioner Swift asked "Why?" He asked why the applicant is even before them if they are going to do that to him. Commissioner Hollis said that would be the condition of the special use permit and Commissioner Swift said that is not fair to the applicant. The applicant. Mr. Gandy, said he has several more events before he gets approval. He said if he has all of the approvals from the City, he could begin construction tomorrow. Chairman Gasper asked Commissioner Wall if he wanted to make a motion about a date certain, because if they have a motion, they can either deal with this issue or not and move on. She reminded the Commission thai if there is a motion with no second then the motion fails. Commissioner Wall said he did not want to make a motion. Clayton Husband told the commissioners that it would be easier for staff to tie the removal of the other buildings within a certain amount of time when the proposed barn is finished. He said if they add a certain date to the ordinance, what could happen is if Mr. Gandy goes off to do something else and the two years pass with no building being built, and then staff would tell Mr. Gandy he has to remove the other buildings. Mr. Husband said it is like a back door to go into an eminent domain situation. He recommended their motion should be based on the completion and occupancy of the building. Commissioner Swift said he agreed and they should tie the hard date onto the completion of the barn. Commissioner Culley asked staff what is their definition of the completion of the building. Mr. Husband said when building inspections does a final inspection and then turns it over to Mr. Gandy. Mr. Gandy said he is O.k. with that. Chairman Gasper said they all seem to be in agreement that the two buildings will need to be torn down upon six months from the date of completion and they also need to resolve the issue of the use so that Mr. Gandy is not out of compliance with the home based business rules. She said it seems as if they need some sort of language in the special use permit that would permit the property to be used in the manner in which it is intended and she asked if staff had any recommendations. Mr. Husband said calling the operation a boarding/training facility would establish the use. Commissioner Sellers said staff told him that no pigs were allowed when he built his barn. Mr. Husband said the home business regulations are somewhat appropriate, but sort of out of the focus of what the commissioners are looking at. He said as long as they are clear as to what Mr. Gandy can do or can't do is the important thing they need to address. Commissioner Wall said that boarding/training would exclude any types of commercial or non-commercial riding shows. Chairman Gasper said it would exclude horse shows or rodeos. She said a boarding/training facility will let Mr. Gandy do whatever is necessary to have a facility and therefore he would be able to have someone come and muck out the stalls and work on the property. Mr. Husband said with agricultural uses, they would probably have someone come in and maintain the tractor or help with the crops or property. Chairman Gasper said she would suspect that staff follows the three "C's,.: Commercial, Conspicuous, and Complaint and if they deal with the commercial aspect of the property, unless there is a complaint then the enforcement staff will have to deal with whatever the complaint is. Commissioner Hollis moved that item Z-01-030 is recommended for approval with the following changes to the draft ordinance: 1) This property will have an allowed use as a boarding and training facility as an equestrian center by the present owner; 2) There is an imposed limit of 28 horses on this property at it's present 8 % acres size until such time that additional adjacent acreage is added; and 3) The two specified buildings would be removed within six months after the City turns over the new building to the owner. Commissioner Sellers seconded the motion. Commissioner Swift asked about point number two. Commissioner Hollis said that when Mr. Gandy purchases the adjacent property, item number two would go away. Clayton Husband said that the 28 horses only apply to the current property and Mr. Gandy may have whatever the number of horses is allowed by the existing general rules are that relate to horses. He said it restricts the number of horses that can be kept in the barn on this eight acre piece and not on the next ten acre piece and keeps the condition tied to the building rather than to the adjacent property. Commissioner Swift asked if the adjacent property would support 20 more horses. does this regulation inhibit it. Clayton Husband said it would inhibit the horses from being on the existing property. Commissioner Swift said it all becomes one property when he buys the additional property. Clayton Husband said the special use permit only covers the existing property. He said if Mr. Gandy wanted to do something on the adjacent property, he would most likely have to come back to the Commission. Chairman Gasper asked staff if she had twenty acres made up of two tracts and had 28 horses stabled in or about the barn and she has other horses running loose on the eleven acres, if she rides one of those horses onto the eight acre tract, would she be out of compliance? Mr. Husband said that technically she would be out of compliance. Commissioner Hollis said that is why he would recommend that when additional property is added to the 8- Y2 acres condition number two should just go away. Commissioner Swift said if that language were included, he would not have trouble with the condition because it is just not fair and they are making' it difficult to do business in Colleyville with these kinds of things. Commissioner Sellers said the condition goes away but the limit of horses just goes up to comply with the regulations for large animals. Chairman Gasper restated the condition for item #2: "28 horses stabled on the premise only until such time as additional adjacent property is purchased and then at that point, it goes away and the only enforcement is whatever is permitted under current City ordinances." Chairman Gasper moved to modify item #2 to say: "Only 28 horses may stabled on the 8 Y2 acres until such time as additional adjacent property is purchased at which time," then, Chairman Gasper said Mr. LeBaron is saying, "No." Barry LeBaron said he thinks he knows where the Commission is trying to go with this line of thinking with trying to put an equation in the ordinance that if this happens then that will happen. He said with so much uncertainty, he believes that they may want to stay with their original motion with the limit of 28 horses on this acreage and if five years or ten years down the road he gets more acreage, the owner would come back to them. He said it is hard to preclude how much acreage will be purchased. Chairman Gasper said she would not make a motion to amend the original motion. Jan Levy, Recording Secretary, said that the original motion states that when Mr. Gandy buys additional property then the provision goes away. Commissioner Hollis changed item #2 to state that 28 horses will be the limit on this 8.S-acre tract until such time the City Council and Planning and Zoning Commission changes or removes that segment of the ordinance. Chairman Gasper said that they needed to get rid of the "until such time" portion of item #2. Commissioner Hollis said item # 2 would state that 28 horses would be the limit on this 8.S-acre tract. Commissioner Sellers seconded the amended motion. The vote being: Ayes: Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: Wall ORDINANCE 0-02-1320 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON LOT 1, BLOCK 1, MEADOW LAKE ADDITION; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a special use permit was filed by Craig Gandy on October 31,2001, under Case No. Z-01-030; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT, the Master Plan, the Land Development Code of the City of Colleyville, Texas. and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 1, Block 1, Meadow Lake Addition, by authorizing a Special Use Permit for an accessory building, together with the conceptual site plan (Exhibit B), and subject to the following conditions: a. The use of the accessory building shall be an equestrian boarning and training fac;l'ty. b. Not more than twenty-eiQht (28) horses shall be stabled on the property. c. Within six (6) months of the completion of the new accessory building, two (2) of the existing accessory building shall be removed and the total size of all accessory building footprints shall not exceed thirteen thousand nine hundred fifty seven (13,957) square feet. Sec. 2. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon Ordinance 0-02-1320 Page 2 of 2 conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALiTY: Ross T. Foster City Attorney Exhibit A - Zoning Map .~ I ~ 2 : .. ---- _____,,_u_u_,,_,,_,'_.._u_n_n_ u_.__.._ ';~u-ni"1A---u_.._.._.._--_.__.._.._u_n_.._.._..- u h_-'-"-f'R",:ii'-'- _.._~- .-- ..-----.-.. : ~ : ! , I I : iull 3 I ~ i .658 @ It:. i~ ,.-..-- ;~ \j 1\ l>~E1)1'(ci", :~ E A B '{ C rl i 13 K U ~ rr 1>.1 ~::'1-') :; . :' [C 0 ~~ ~~ ADD i"l :,-~'~~..'---' I ;- I ], t,r >c DB' , c P" : I I , ' P . I : ' ~,' "10 ,I I U'j ;, A" ...... (,\\. ...L" ~ -- ~_), j... I ~: , I i '~! , , I i : '. .i, Ii' i I ' , ../1 ~ : Z'l : i 13RE~ ~r- , NAF~ L1\1\1' I Mp.CCRSS: ES~ 1\ i TRACT 26' ~ ! 2.00 D -~ i ...-/' ""'1' I ,-","!\ \, _ j ...-"""---" ""C_.: (-",A .,,- 1'---14 ..J-' /1. \ ..,~~ ,; ('"2.. \.::--- I '-~ ~- i'~~ I 1 .., ----- " , --- ~ ,r-; -; '. L-....-" (\~ , '-.......-- 1.627 @ C N~ 1'L i\ . ~ j DN A01L ADD- GASz 1.936 @ / i / ' I I .---...-.! ('O.5.117@) Exhibit B - Conceptual Site Plan ---; I f7 ~ ' ! I 'V co Proposed location 01 100' x 120' . Accessol1 i Building .... 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PC. ezae) CITY COUNCIL Cil~' f)( .--rv~' - I :.~lt~~,.1!i.~ ~ r- .,., ---------- .. lO,:'I:' AGENDA BRIEFING 5 CMO Approval: i I I I For mtg. : i Item # : I Ordinance # : i i 0-02-1321 , Previous Action: None 01/08/02 DEPT.: i I COMMUNITY DEVELOPMENT i SUBJECT: i I Approval of amendments to Chapter 7 of the I Colleyville Land Development Code regarding ! special event signs, Case G-01-016 First Reading and Public Hearing There has been some interest in allowing signs to promote and direct people to events sponsored by the City of Colleyville and for the annual Colleyville Business Expo sponsored by the Colleyville Chamber of Commerce. The current sign regulations do not contain any provision for signs to publicize City sponsored events such as "Colleyville Proud" or "Celebrate Colleyville". Under our current sign code, these types of signs are treated as illegal, "bandit" signs, which are those signs often nailed on utility poles or placed near busy street intersections. Attached is a proposed amendment to the Colleyville Land Development Code that will establish a new provision to allow the placement of signs within the street right-of-way, but only for City conducted and sponsored special events and for the Colleyville Business Expo. Staff considered the inclusion in the ordinance of a provision to also allow other community-based civic organizations to advertise events, but became concerned over the possibility of a large number of signs placed in street right-of-ways every weekend. (continued) ~L ;,.4 ~ MANAGEZ .- ~ 13a-4' DEPART NT HEAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution 0-02-1321 Page 2 Recommendation Approval Attachments . Proposed Ordinance 0-02-1321 ORDINANCE 0-02-1321 AN ORDINANCE AMENDING CHAPTER 7, SIGN REGULATIONS, OF THE COLLEYVILLE LAND DEVELOPMENT CODE BY ADOPTING NEW REGULATIONS CONCERNING THE PLACEMENT OF COMMUNITY SPECIAL EVENT SIGNS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds that it is in the best interest of the citizens of Colleyville to adopt regulations to allow the placement of community special event signs; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 7.7 "Limitation Applicable to Signs Requiring a Permit" of Chapter 7, "Sign Regulations", of the Colleyville Land Development Code be amended to add a new paragraph "7.7.E.2.h, entitled "Community Special Event Signs" to read as follows: 7.7.E.2.h - Community Special Event Signs. h. Community Special Event Siqns - Temporary Community Special Event Signs to publicize certain events shall be allowed in accordance with the following: 1. Qualification Criteria: Only community special events conducted and sponsored by the City of Colleyville or the annual Colleyville Business Expo conducted and sponsored by the Colleyville Area Chamber of Commerce sha'; be authorized to use this provision of the sign regulat!ons. 2. Location: Signs may be placed on private property or in the public right-of-way with the approval of the adjacent property owner. Signs located within the public right- of-way shall be situated not more than five feet (5') from the right-cf-way line and do not block vehicular visibility. Signs shall not exceed six (6) square feet in area and four (4) feet in height. Ordinance 0-02-1321 Page 2 of 2 3. Duration: Signs for City of Colleyville conducted events may be erected for any length of time. Signs for the Chamber of Commerce sponsored event shall be allowed for seven (7) days prior to the activity and shall be removed not later than the first business day after the activity. 4. Permit: No permit or permit fee shall be required. Sec. 2. THAT any person who violates any provision of the Sign Code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than $500.00 for each offense. Each and every day that a violation to the Sign Code continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney (\1\ I).' ---------. '~~.m=~- ~~ ~--T _:A_~ CITY COUNCIL -~:-- AGENDA BRIEFING For mtg. : Item #: i 01/08/02 CMO Approval: 6 Resolution # : . R-01-1879 Previous Action: None DEPT.: i ! CITY MANAGER'S OFFICE SUBJECT: : i Approval of AT&T Basic Cable Rates Update The City Council passed on this item at the December 18, 2001, City Council meeting to provide an opportunity for Connie Cannady of C2 Consulting Services, Inc., and Clem Maddox, AT&T Government Liaison to attend the meeting. Reading and Public Hearing Backqround AT&T is the City of Colleyville's cable television provider. Under federal regulations, the City Council has basic cable and equipment rate regulating jurisdiction. In March 2001, AT&T made application for a rate filing increase. The City secured the services of C2 Consulting, Inc., to review the 1205 and 1240 rate filings submitted by AT&T. ~clL L J~ CITY MANAGER / 'tUth.- '/n~~ DEPARTMENT HEAD ) (continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-01-1879 Page 2 of 3 In its 2001 Form 1205 rate filing, and with the exception of the addressable converter, AT&T proposed to actually charge rates that include very little change from its proposed 2000 rates. AT&T's proposal included operator selected rates ("OSR") that were significantly below the maximum permitted rates ("MPR") calculated pursuant to the Form 1205 formulae. Based on the findings and conclusion, C2 Consulting, Inc., recommends that the City take the following action: 1. Approve the operator selected rates proposed by AT&T for installation and equipment rates as being reasonable; and 2. Require that AT&T make the appropriate adjustments in its next Form 1205 filing to address the following issues: a. The before tax rate of return proposed by the Company does not reflect the actual corporation information for the fiscal year end in question (December 2000); b. The Company inappropriately excluded contract labor hours related to capitalized drop labor expense; c. The Company inappropriately assigned a significant number of hours to converter maintenance, thereby increasing the monthly lease rate for converters and remotes; and d. The Company's computation concerning contract labor hours inapproprjately weighs the average hourly rate for contract labor, which results in an incorrect assignment of hours to converter maintenance. C2 Consulting, Inc., also reviewed the FCC Form 1240 for headend H1576A submitted to the cities of Colleyville and Bedford by AT&T. According to the information provided by AT&T, the number of basic service channels remained unchanged at twenty-seven (27). No additional charges were proposed through May 2002. AT&T proposes to increase the basic service rate from an actual monthly rate of $13.19 to a rate of $13.44, or an actual monthly increase of $.25. The proposed rate is for the rate year June 1, 2001 through May 1, 2002. The proposed rate is an OSR rate based on a proposed maximum permitted rate of $14.32 for both Forms 1240 and 1235. Agenda Briefing Resolution R-01-1879 Page 3 of 3 C2 Consulting, Inc., held additional discussions with AT&T for the City of Colleyville and Bedford, which has the same rates as Colleyville, which resulted in an agreement with respect to the sunsetting of Section 76.922. This agreement reduced the MPR for Form 1240 to $13.46. In approving this resolution, the City does not approve of AT&T's rate methodology. The City does not waive its right to raise any issue regarding the basic cable rate levels for past or future Rate Orders or appeals thereof. This resolution does not finalize any outstanding rate issues. In summary, C2 Consulting, Inc., recommends that the cities of Colleyville and Bedford adopt a Form 1240 Maximum Permitted Rate (MPR) or $13.46. Recommendation Approval Attachments · C2 Consulting Inc., Reports and Findings (paper only) · Resolution R-01-1879 ONSULTING SERVICES, INC. 7801 Pencross Ln. Dallas, Texas 75248 Tel. (972) 726-7216 Fax (972) 726-0212 May 2, 200] rvlr. Keith Rinehart Communications Manager Citv of Bedford 2000 Forest Ridge Drive Bedford. Texas 7602] Ms. Diane McWethy Assistant City Manager City of Colleyville 5400 Bransford Colleyville, Texas 76034 Ms. Debra Wallace Assistant Finance Director City of McKinney 22] l\. Tennessee i\lcKinney. Texas 75069 Ms. Shelli Seilner Assistant to the City Manager City of Allen One Butler Circle Allen, Texas 750]3 "k Steve Williams Director of Budget and Research Town of Flower Mound 21] J Cross Timbers Road Flower 1'vlound. Texas 75028 Ms. Lynda Humble Managing Director - Management Svcs. City of DeSoto 21 ] E. Pleasant Run Road DeSoto. Texas 751] 5 Dear Cny Representatives C2 Consulting Services. Inc. ("C2") has completed its analysis of the FCC Form] 205 submined to the Cities by their respective AT&T Broadband affiliate ("AT&T" or the "Company") on or about \'Iarch I. 200 I. Contained herein is a summary of the findings and recommendations. This study does not constitute an examination of the financial condition of AT&T or its parent -:ompany. Therefore. C2 cannot and does not express any position with regard to the accuracy or \ahdity of the financial information provided by AT &:1 during the course of the analyses. OVERVIEW OF THE FILING In its 2001 Fornl ]205 filing, and with the exception of the addressable converter, AT&T proposes to actually charge rates that include very linle change from its proposed 2000 rates. AT &1's proposal includes operator selected rates ("OSR") that are significantly below the maximum permined rates ("MPR") calculated PurSUaJlt to the Form ]205 formulae. The following table provides a comparison of the Cities adopted 2000 rates. AT&T proposed maximum permined 200] rates and AT&T's operator selected 200] rates: City Representatives May 2, 200 I Page 2 COMPARISON OF EQl1IPMENT AND INSTALLATION RATES Hourly Service Charge City Ordered AT&T Proposed AT&T Proposed 2000 2001 MPR 2001 OSR 527.00 529.37 52799 $40.95 $45.10 $41 99 522.50 528.20 $2499 513.95 514.45 $1349 $18.95 $24.27 $19.99 518.95 $20.20 $18.99 5199 $1.99 $199 58.95 $12.41 59.99 $14.95 $17.25 $15.99 N/A N/A N/A $5.95 $7.10 $5.99 $12.95 $14.16 $12.99 Service Install - Unwired home Install - Prewired home Install - Additional connect initial Install - Add. connect separate Move outlet Up/downgrade Downgrade non-addressable Upgrade non-addressable Changing Tiers Connect VCR initial Connect VCR separate Monthly Lease Rates Remotes Basic only converters Non-basIc only converters $0.35 $1.75 53.85 $0.39 $3.21 $6.62 $0.35 $1.85 $4.25 Consistent with the 1997. 1998, 1999 and 2000 aggregated filings, the 2001 filing has the following. components: · The computation of the Hourly Service Charge ("HSC") based on the averaging of calculations made for fony sample systems as applied to the total number of systems that have the same sample characteristics (subscriber counts) · An allocation of common AT&T costs TO each of the sample systems based on the number of subscribers · The computation of individual mstaIlat;()n activities based on the HSC times an averaging of the time requirements repon(.:'J by the forty sample systems · The computation of equipment rates basel on AT&T's inclusion of certain costs at the AT&T level · The computation of converter rate categories that are dependent on the type of service rather than the type of eqUIpment Sl'MMARY OF FINDINGS Based on a review of each of the sample system Form 1205 computations, the computations of equipment and installation charges incurred at the corporate level and AT&T responses to requests for information, C2 notes the following findings: City Representatives May 2. 200] Page 3 ]. The before tax rate of return proposed by the Company does not reflect the actual corporate information for the fiscal year end in question (December 2000): 2. The Company inappropriately excluded contract labor hours related to capitalized drop labor expense: .). The Company inappropriately assigned a significant nwnber of hours to convener maintenance. thereby increasing the monthly lease rate for conveners and femotes: and 4. The Company's computation concerning contract labor hours inappropriately weights the average hourly rate for contract labor. which results in an incorrect assignment of hours to convener maintenance. 1. Rate of Return Based on the FCC regulations. AT&T is allowed to earn a return on the capital invesnnent made related to regulated equipment and installation activities. More specifically. the Fonn 120:- allows for the development of a before tax rate of return ("'ROR"). and its application to the unrecovered balances of vehicles. tools. maintenance facilities. and customer premises equipment used to receive the basic service tier. One component of the ROR is the interest deductibility factor found on Schedule A. Line G4d. The importance of this factor is that it is used to detennine the Company's effective tax rate for purposes of ""grossing-up" the FCC presumed applicable after tax rate of II.25~o.1 TIle interest deductibility factor is computed by dividing the Company's actual interest expense by the total net assets of the Company for the period in question. Due to the timing of the filing. AT&T used the net assets reported in its September 2000 ]OQ. and an annualized amount of the Interest expense reported in the same SEe filing. .-\lthough not available to the Company as the time of its filing. the Company's 10K filing is now 3\3i1able and demonstrates slightly different amOllilts for each of these line items. By 11lcorporating the actual 2000 year-end amounts. the mterest deductibility factor is adjusted from the Company's proposed 10.8% to 12.49%. This change results in an adjusted ROR of 17.1 O~'o as compared to AT &T"s proposed rate of 17.21% 2. Exclusion of Capitalized Drop Labor As stated above. AT&T dete]l11ines the total number of regulated hours to be included in the equIpment basket based on a sample of 40 of its o\\T;cd and or managed systems. The hours generally include regulated activities conducted by beth in-house labor and contractors. With respect to contract labor. AT&T computed two separate components: hours for installation acti vities and hours for customer premises equipment maintenance and repair. C2 notes that AT&T's computation of contract Jabor hours for installation actiVIties 11lappropriately excluded that portion of rime related to capitalized drop labor. This would be appropriate to the extent that the capitalized expense W;:IS not included in the development of the HSC. However. in two of the forty systems. the expense is included and the hours excluded. Clearly. this mismatching of expense to hours should not be allowed. j Secolld HeporT alld Order. l'lrs/ Urda Oil RecOIlSlderatum. and fimher No/ice of Proposed RlllemaklllR. FCC 9:,-'i02. released January 26. 1996. paragraph] o. City Representatives May 2, 2001 Page 4 C2 recommends that the hours be increased to match the expense allocation. Conversely. the adjusnnent could be to exclude the expense and allow the hours to remain as proposed by AT&T. 3. Unjustified Hourly Contract Labor Rate for Equipment Repair and Maintenance C2 noted that one of the forty systems developed contract labor hours for repair and maintenance based on an hourly rate of $1.36. using AT & r s fonnula thi s hourly rate resulted in contractors repairing over 431.000 conveners in a system that only has 88.000. The impact to the Fonn 120:; calculation was to include a much higher number of converter/remote hours assigned to the development of the equipment lease rates.: Based on the average hourly repair and maintenance rates reponed for contract labor in the other sample systems. C2 computed an average hourly rate of $27.90. using this rate results in approximately 21.000 units being repaired requiring approximately 3.500 hours. AT&T had reponed approximately 73,000 hours of contract labor repair and maintenance for this system. 4. Average Contract Labor Houri}' Rate for Repair and Maintenance Also with respect to contract labor. C! noted that AT&T develops its contact labor hours by dividing the total contact labor costs for repair and maintenance by the average unit rate to repair such equipment times the average minutes to repair. However. in the Company's fonnulae. if there eXIsts no unit repair rate for certain types of equipment. but the Company has that equipment in the system. the average rate is reduced to reflect the "0" rate for that percentage that is not being serviced. For example. if a system bas 50% standard converters and 50% addressable COll\cner. but only addressable are being. serviced by contract labor at a rate of $25/unit. AT & r s computation would be as follows: Category Standard Convener Addressable Convener Rate $0 $25 Percentage 50% 50'% A vg. Rate $0 $12.50 Average Rate $12.50 Di,iding the total contract labor expense by a lower unit rate results in more units being included In the estimated total service hours than actually are being serviced. This increases the total number of hours being directly assigned to the development of equipment lease rates..1 C2 recommends that AT&T only be allowed to develop an average unit contract labor rate by uSlI1g equipment types that are actually being serviced by contract labor. . The number of repair and maintenance hours are multiplied times the HSC to develop repair and maintenance costs to be recovered in the monthly equipment lease rates. Although including more hours reduces the calculation of the overall HSC, the direct assignment of such hours increases the equipment lease rates , C~ notes that AT&T also weights the repair time in minutes to reflect the same proponions of equipment Although this should lessen the potentia] error. it does not clearly reflect the activities being performed City Representatives May 2, 200] Page 5 SliM MARY OF RECOMMENDA nONS Based on the above finding.s and conclusions, C2 notes that the recommended adjustments to AT&T's proposed Form ]205 calculations only impact the maximwn permitted rates as shown on Exhibit A However, given that the operator selected rates are still lower, the Cities should consider taking. the following actions: 1. Approve the operator selected rates proposed by AT&T for installation and equipment rates as being reasonable. 2. Require that AT&T make the appropriate adjustments in its next Form 1205 filing to address the issues noted in this repon. C2 appreciates having this opportunity to work with the Cities in their respective reviews of the Form 1205 rates. If you have any questions regarding this repon or need clarifications as to the recommendations. please contact Ms. Connie Cannady at (972) 726-7216. Very truly yours. c~ GY\~~~~~/~\-c C2 Consulting Services, Inc. <( :0 .r: x UJ Cf'J W ~ <( Q:: C W ~ !:: ~ Q:: w ~ ~ ::l ~ X <( ~ Z o i= <( ...J ...J <( ~ Cf'J Z C Z <( ~ z w :!!: Q.. ::l o W E oQ:: ~Cf'J Q:::!!: N U E Su CIlCf'J Q:::I: N U Q:: Cf'J :!!: ~'t:l ~ CIl ~ III <( 0 Q. o ~ Q.. ~u ~(f'J ~:I: <( CIl III E ~ ~ 5 't:l:I: ~ c o Q.c" O'C\) !tQ:: I"-WtO~oO"l~WWO"l tOOC") 0"lC") 00 ~tO~~O~NI"-I"-~ ~~;;~~~;;;;~;; N N O"l N ~ 00 N U")tO ~ N ~~ u")1"-00"l~U") ~NNO"l'<:tN '<:t'<:t0 NI"- ;;~~~;;;; oW I"-'<:t ~;; I"- C") O"l N ~ '<:tWO"lC")O"lO"lNO"l'<:ttO u")O"l'<:ttOWU")'<:tU")N'<:t 000000000 III C\) :;:; '> :;:; C.) <( c: o :;:; III jij - III .E Q. -'~ C~ .2 Q) roro = ~ III III in ar .Eoo - Cl o c Q) .~ E ::l i=g roo:: Q) C C ~ C C 0 .2 III 0 .2 i5 t3 .r: ._ _ Q) Q) Uro~cc Q)rolllCC u iil 0 0 .~ ~ .E U U ~ Q) "Ororo:5 oo"OQ)ccO 2!:0 l!? .: g 0 g .~ ~ :g ~ ~ :r::::>Q..<(<(~ a. .~ C~ .Q Q) rom Q) ro ro :0 iil a. rn~.E~ If) III - Cl l!? If) 0 C "0 ~ Q) .~ Q)"O__E::l "0 tp "0 i= CT ~c"O Q) o>g'Pmo:: ~ 50::0:: OQ)Cuu "0"0' >> QjlllQ)~_ "0 0>"0 Q) U III C ~ C ~ O>~ClCC 0.00.00 :::>o::>uu tOWW C")......U") Or0cb ~~~ O"l......N C")NW Or0cb ~~~ III CIl - III 0:: CIl III III CIl ...J - c: CIl E Q. 'S c" W If) -- 2 -- If) Q) -- > Q) C t:: 0 ~u 5~ '-'8 ~l.) If) C .- Q) 0 ~ QuO? E 'in C Q) III 0 O::IIlZ ONSUL TING SERVICES, INC. 7801 Pen cross Ln. Dallas, Texas 75248 Tel. (972) 726-7216 Fax (972) 726-0212 May 1. 2001 \1T. Keith Rinehart Communications Manager City of Bedford 2000 Forest Ridge Drive Bedford, Texas 76021 Ms. Diane McWethy Assistant City Manager City of Colleyville 5400 Bransford Colleyville, Texas 76034 Dear City Representatives: C2 Consulting Services, Inc. ("CT) has completed its analysis of the revised FCC Form 1240 for headend H 1576A submined to the Cities of Bedford and Colleyville, Texas (the "Cities") by Tel TKR of the Metroplex. Inc. ("AT&T' or the "Company") on or about March l. 200l. Contained herein is a summary of the fmdings and recommendations. This study does not constitute an examination of the financial condition of AT&T or its parent company. Therefore, C2 cannot and does not express any position with regard to the accuracy or \ahdJly of the financial information provided by AT&T during the course of the analyses. OVERVIEW OF THE FILING According to the information provided by AT&T. the nwnber of basic senrice channels remained unchanged at twenty-seven (27). No additional changes are proposed through May, 2002. AT & T proposes to increase the basic sen'ice rate from an actual monthly rate of $13.19 to a rate of S I:; .44, or an actual monthly increase of $.25. This proposed rate is for the rate year June 1. 200 I through May 31. 2002. The proposed rate is an OSR rate based on a proposed maximwn pennined rate of$]4.32. 1 There are five major factors that explain AT&T's pI0posed change in the maximwn permitted basi\: service rate: 1 As you recall. the total current maximum permitted basic service rate consists of the Form 1240 computation for the basic service rate ($1243), plus a maxi:num permitted upgrade rate of$81 (as adopted by the Cities in 2000) AT&T's proposed Form 1240 maximum permitted rate is $13.51 With the addition ofthe$81. the total proposed maximum permitted rate equals $14.32. The current Operator Selected Rate of$I3.19 is $05 less than the maximum perr.-:ined rate adopted by the Cities in 2000. The instant Operator Selected Rate of$1344 is $088 less than AT&T's proposed maximum permitted basic service rate computation City Representatives May L 2001 Page 2 1. The inflation factor estimated in the prior 2000 filing was significantly lower that the actual inflation factor used in the true-up for this filing (increase effect): ! Due to the timing difference between the true-up period and the projected period. six months of the true-up are actually computed at rates that were established by the Cities in its 1999 review. This "Gap" provides for an under-recovery in periods where rates are increasing each year (increase effect): : 3. The estimated projected subscribers are approximately 3% less than in the true-up period (increase effect): -+ AT&T proposed an increase in programming costs of approximately $.06 per subscriber per month: and 5 . AT&T proposed an additional inflation amount for the projected period (increase effect) ANALYSIS OF THE FILING Project Objectives and Activities TIle project objectives are three-fold: I. Assessment of the completeness of the filings with regard to the infonnation and documentation that must be filed with the Cities. 2. Assessment of the reasonableness of the proposed computations in light of Cities' prior rate decisions. FCC regulation. recent FCC rulings. and rate treannent in other similar jurisdictions. ~ ~A..ssessment of the reasonableness of the proposed computations in light of the system specific costs and subscriber data. Gi\ en these obJectives. C2 conducted the following project activities: . Review of the filing to assess the complet'?ness based on the FCC Fonn instructions . Review of the filing. to identify any issues with respect to the data and/or methodologies employed by AT&T . Submission of follow-up data requests and subsequent review of AT&T's responses - There exists a six-month lag between the end of the true-up period and the starting date of the new rate period Because of this lag, the first six months of the true-<Jp period in this filing relate to the last six months of the projected period from the 1999 fi]inl.! In ]99Q. the basic service rate charged bv AT&T was S]:; 07 With the' use of such lower rate during th; first six months of this true-up period to c~mpare with a true-up rate of $] 1.55 (Module F), the formula automatically calculates a refund adjustment to be built into t he new rate City Representatives May 1. 2001 Page 3 . Development of potential alternatives available to the Cities In establishing maximum pennined basic sen'ice rates Summary of Findings ('1 identified two main issues with respect to AT &T"s proposed computations of basic sen'ice rates. These issues are: . AT&T"s projected subscribers for the rate year that may not be reasonable in light of actual experience: . AT&T incorrectly computed its programming costs for both the true-up period and the projected period: I. Projected Subscribers The F ann ] 240 formula provides for projected cost/channel changes to be stated based on a per subscriber impact. ]n order to do so. the cable operators must also project the average number of subsClibers that will be receiving. services during the proposed rate year. AT&T employs a standard methodolo!,.ry for projecting subscribers by using a historical monthly growth rate applied to the last monthly subscriber level during the true-up period (which is November. 2000 for the instant filing). This same rate is applied to each month throug.h the end of the projected period (which is May. 2002). An average of the resulting monthly subscriber counts for the period June, 2001 through May. 2002 is then used as the projected averag.e subscribership. The number of subscribers for the Cities has sho\\-TI great variation in the last two years. AT&T" s method continues to provide for a decline and produces an average number of projected subscribers of 21.455, or approximately a 3% decline from the average during the true-up period. Ho\\ e\er. this same methodology projected subscribers in the last rate filing that were 3% greater than the actual experience. Therefore, AT&T" s standard methodology of continuing to trend dO\\l1\\ard over an additional eighteen month period (December. 2000 through May. 2002) does not appear reasonable based on a comparison of the estimates versus the actual experience in subscriber gro\\-1h and decline. l'sing a "best linear fie methodology for the monthly subscribers for the period December 1998 through February 200 I. the.average monthly subscribers during the projected period (rate year) are computed at 21.814. The impact of adjusting the proposed subscribership is to reduce the rate by approximately S.0055 per subscriber per month. 2. Incorrect Computation of Programming Costs Pursuant to the Form 1240 formulae. a cable operator is allowed to recover its actual programming costs for those channels offered over the basic senrice tier that require programming cost payment.., The Company was asked to provide supporting documentation concerning each of the channels for which AT&T is requesting additional programming costs. 1 \lan\' channels are provided on the basic service tier that do not have additional programming costs associated with them The basic service rate includes a "residual" cost component forthese ch;nnels Only four of the current twenty-seven basic service tier channels have an additional programming cost component built into the rates. ~ ,._._..,-,--_._~"...~.,,"-~._-^_._,_._~--~------~--~-_._~.,,- City Representatives May 1. 2001 Page 4 Based on the .information provided. there were several errors noted with respect to specific monthly per subscriber programming costs. C2 notes that the impact is to reduce the rate b~ approximately $.0038 per subscriber per month. Inflation Rate Cbange ]f the Cities were to make the above adjustments to the rate. the net effect would be to initialh reduce AT&T s proposed rate bv approximatelv S.O I. However. based on the FCC re,!!ulations. if a franchisinp. authority adiusts the rates as filed by the cable operator. it must refresh the inflation factors to reflect the most current information available. At the time AT&T filed the F oml ] 240. the most recent inflation factor available was for the third quarter of 2000 (1.6200). AT&T used this factor not only for the months of October and November of its rrue-up period. but also as the inflation factor for the projected period. In \'larch. the fourth quarter 2000 factor was released as 1.99%. If the Cities were to incorporate this factor for October and )\;O\ember 2000 and use it as the projected period factor. the basic service rate is actually increase to S13.56. or approximately S.05 greater than proposed by the Company. Previous Sunset Issue As you recall. in both the 1999 and 2000 rate filings, C2 noted that the Company had included "mark-up" provisions that C2 interpreted as being "sunset" pursuant to the literal interpretation of the FCC regulations. Also C2 recommended that the Cities allow the mark-up but reserve their respecrJ\e rights to re-compute such mark-up if the FCC issued a definitive ruling on the sUllsening of Section 76.922(g). ]n the 2001 filings. AT&T has apparently taken the position in other filmgs that Section 76.922(g) was sunset.~ The Cities should require that AT&T provide its definni\e position with respect to this issue and adjust the rates accordingly in the event that the Compan~' believe Section 76.922(gl was sunset as of January 1998. Sl' '\1:'\1.-\ In OF R ECOM 1\1 EN DA TIONS Based on the above dlscussiol). the CitIes should consider the foJlowmg: . Accept the Form 1240 maximum permined basic service rate as proposed by AT&T as reasonable - $11.51. Request that the Company provide a written discussion of its position on the sunsetting of Section 76.922(g) in order to determine if a retroactive adjusnnent to the rate is warranted. . . .. Included in the filings for the Cities of Allen and McKinney (two members of this cable rate coalition). AT&T deleted a channel from the basic service tier but did not reduce the rate to deduct the residual costs of such channel The requirement for deduction of residual costs is a component of Section 76. 922(g) alung with the allowance for mark-up AT&T" s justification appears to be that Section 76.922(g) has been sunset given that the Company provided as its suppon a repon issued by C2 in 1999 that discussed the sunset Issue City Representatives May 1. 200I Page 5 C2 greatly appreciates this opportunity to assist the Cities of Bedford and Colleyville in their respective reviews of the Form 1240 filing. If you have any questions concerning these fmdings and recommendations, please contact Ms. Connie Cannady at 972-726-72I6. Very truly yours. C J-- ~yvJ~ ~ ~ ~I V-l-v\.C. C2 Consulting Services. Inc. RESOLUTION R-01-1879 A RESOLUTION APPROVING AT&T BASIC CABLE RATES WHEREAS, the City of Colleyville is certified to regulate basic cable rates for the citizens of Colleyville under the provisions of the Federal Communications Commission (FCC) Cable Act: and WHEREAS, AT&T has filed their FCC forms 1240 and 1205 supporting new cable rates; and WHEREAS, the City of Colleyville has hired C2 Consulting Services. Inc.. to review the rate filings for compliance with federal regulations; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT it has been determined that the maximum permitted basic service rate of $14.27 (inclusive of FCC User Fee), as proposed by AT&T appears to be within the FCC reasonable rate standards. See 2. THAT the operator selected basic service rate of $13.44 shall be deemed reasonable for the 2001 rate filing period of June 1,2001 through May 31,2002. See 3. THAT the proposed rates of AT&T for equipment lease for the 2001 filing period of June 1, 2001 through May 31, 2002 shall be as follows: Converter 1 $1.85 Converter 2 $4.25 Remote $0.35 Sec. 4 THAT the Hourly Service Charge (HSC) to be used in the development of the installation and equipment rates will be $27.99 for the filing period of June 1, 2001 through May 31, 2002. Resolution R-O 1-1879 Page 2 Sec. 5. THAT the proposed Operator Selected Rates (OSR) to be used in the development of installation rates for the 2001 filing period of June 1, 2001 through May 31, 2002 are hereby attached as Exhibit "A". Sec. 6. THAT the City of Colleyville does not approve of AT&T's rate methodology nor waive its rights to raise any issue regarding the basic cable rate levels for past or future Rate Orders or appeals thereof. AND IT IS SO RESOLVED. Passed by a vote of the day of ayes, nays, and ,2001. abstentions on ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC Secretary Donna Arp Mayor Exhibit "A" .A T& T Proposed Operator Selected Rates for Installation Service Install- Unwired Home Install - Prewired Home Install - Additional connect initial Install - Additional connect separate Move outlet Up/downgrade Downgrade non-addressable Upgrade non-addressable Changing Tiers Connect VCR initial Connect VCR separate $41.99 $24.99 $13.49 $19.99 $18.99 $ 1.99 $ 9.99 $15.99 N/A $ 5.99 $12.99 CITY COUNCIL Ci1~. or '~J'~'-- I: ,(ijJ.~~""E~ ~, r- -- 7l":'\~ AGENDA BRIEFING For mtg. : I Item # : I I 7 Resolution # : I R-02-1882 I Previous Action: None DEPT.: I COMMUNITY DEVELOPMENT SUBJECT: I A name change for Village Park Drive and Glade. Road between Colleyville Boulevard and the current Village Park Drive intersection, Case G- . I 01-020 I 01/08/02 CMO Approval: i I i I I I I I I Reading and Public Hearing Village Park Drive extends between Colleyville Boulevard and Glade Road. The right- of-way dedication and the street name for this section of street was completed in November 1985 with the approval of the plat that established the building sites for the current Albertson's, K-Mart and Village Park Shopping Center. During the past few years. the commercial developments located along Village Park Drive have experienced complaints from customers over the confusing street name and address configuration for this short street section, because it actually functions as though it were a segment of Glade Road. The recent re-construction of the Village Park Drive intersection with Glade Road and Bedford Road has amplified the need to rename this section of Village Park Drive to Glade Road. The older part of Glade Road will be renamed "Old Glade Road". There are nine property owners affected by the street name change. All property owners have been notified .and support the renaming of this section of the roadway. Approval of the attached resolution will make the Glade Road name consistent throughout Colleyville. (continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-02-1882 Page 2 Recommendation Approval Attachments . Location Map . Proposed Resolution R-02-1882 Location Map 1 4 TA 41UA3 . '1' "C 13 14 I I I I ~ I- I Old Glade Road ~ .' jtJ) ~ I ~ l[j' .~ ",,, ~ ~ 'TR ~1111 [ T"R .61 .7 ~ i I Glade Road ~... ? V ~ ~.M . /)... I '...- I 3 1 .., 11._ D I l,.lN vA~ pAfll< &-" F """ 1 '" 'm\ 1.4M7 . , lR 1111'1 t !;.c 1.1 M: :fi ~. Bt:' 1 ,.., ... , II .. - ~ ~ ! iIll 5 .. RESOLUTION R-02-1882 A RESOLUTION APPROVING THE RENAMING OF VILLAGE PARK DRIVE TO GLADE ROAD AND THE RENAMING OF A CERTAIN PORTION OF GLADE ROAD TO OLD GLADE ROAD NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: WHEREAS, the City of Colleyville is authorized to determine appropriate names for Colleyville city streets; and WHEREAS, the City of Colleyville has notified the property owners and businesses located on Village Park Drive and Glade Road regarding the proposed renaming of these sections of road; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS; Sec. 1. THAT Village Park Drive (700 block through 1000 block) between Colleyville Boulevard and Glade Road is hereby renamed Glade Road. Sec. 2. THAT Glade Road between Colleyville Boulevard and Thompson Terrace is hereby renamed Old Glade Road. Sec. 3. THAT the attached Exhibit A shall be used as reference for this action. AND IT IS SO RESOLVED. Passed by a vote of ayes, of ,2002. nays and abstentions on this the day ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Exhibit A 1 .. ,,, 4A2M . n lIlC 1R 4A1G . -n ~C 13 t.. .;71 Old Glade Road ~1 # l'~ [j.: j! ~ m .&1 .7 lIlC 1 3 '1R\ 1.4M7 . f It lR '11'" 1.1 fIIIC II 1 s ! 7 I.M . - 1-" -""1 I I .<1 l I 'I 111 '. L '1:~ . 11 .. ,~~~.= '..~ -,- ,':"~' CITY COUNCIL ~. AGENDA BRIEFING For mtg. : : Item #: i i I I 01/08/02 CMO Approval: ! 8 Resolution # : I' R-02-1883 Previous Action: None DEPT. : COMMUNITY DEVELOPMENT SUBJECT: A Preliminary Plat of Westgate Villas i requested by Raman Chandler, 14.761 acres i located on the south side of McDonwel1 School 1 Road, west of Remington Parkway, Case P-I 01-036 ! Reading and Public Hearing Backqround Raman Chandler is the owner of a 14.761-acre parcel of land located on the south side of McDonwel1 School Road, between Precinct Line Road and Remington Parkway. The owner has submitted a Preliminary Plat of the property for review and consideration by the City Council. The plat will create 53 lots for the construction of single-family residences on the property. The following is a summary of the major items associated with this Preliminary Plat. Zoning. The property is zoned PUD-R Planned Unit Development Residential. The ordinance for this property contains specific provisions for permitted uses, residential lot requirements and setbacks, open space, screening, sidewalks and private streets. The minimum lot size shown is 6,490 square feet, with an average lot size of 6,914 square feet. The area, width and depth of the lots meet the requirements of the PUD-R ordinance for this property. ~:> -JA I ~'~ CITY MANAGE . (continued) FINANCIAL REVIEW (IF NECESSARY) _ __._,_..__.___._.___.__~_._._.__._..,_.._.._..__,,__.-,..~__"~.,,__,__>O___.__._._.______~'~.. Agenda Briefing Resolution R-02-1883 Page 2 Drainage. A detention pond is proposed in the greenbelt on the southern end of the property. Engineering staff met with the developer and his engineer on December 18. 2001, to discuss the drainage plans for this property. Though the pond has not been designed, the applicant's engineer stated the design would include a weir system along the low point of the property to create a sheet flow effect of water onto the adjacent property. The applicant further stated that since the amount of water that would be released onto the adjacent property is not increasing, an off-site easement for the water is not required. The City Enqineerinq staff position is that an off-site easement is required to convey the water from the detention pond across the adjacent property. The State Water Code states No person may divert the natural flow of surface waters in this state. or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or Impounded An upstream property owner has the right to have diffused surface waters flow naturally from his land to the downstream property owner's land. However, this rule does not apply to unnatural flow, which occurs if the flow of water is artificially changed to accelerate it or concentrate it in particular areas. If a detention pond is constructed, the natural flow of the surface water has been altered, and the developer must acquire an off-site easement to convey the flow of water across the adjacent property. Letters from both the applicant and the downstream property owner, Jeffrey K. Zimmerman, are attached for reference. Open Space. The subdivision is required to include 20% of the land area as open space. The open space is provided in greenbelts around the perimeter of the property and in medians located in t~e center of the streets. The required amount of open space is 2.95 acres: the development provides 3.20 acres of open space (22%). Screening. The developer is responsible for constructing an 8-foot tall screening wall adjacent to the Remington Park subdivision and along the west boundary line of the project. The developer has questioned whether this PUD-R ordinance was incorrect, and that wall was supposed to be a 6-foot wall. Staff researched this issue and found that the Planning and Zoning Commission, through its discussion on this issue, recommended that the 8-foot wall be built on both sides of the property. Staff has advised the applicant that the only way to change this requirement is to apply for an amendment to the existing PUD-R. Agenda Briefing Resolution R-02 -1883 Page 3 Sidewalks. The developer is responsible for constructing a 5-foot wide sidewalk along McDonwell School Road as part of the public improvements with this development. Sidewalks along interior streets would be constructed as residences are built on individual lots. House Size and Height. The PUD-R ordinance restricts houses constructed on Lots 20-31 to single story structures. Houses constructed on Lots 19-24 are restricted to a minimum 2,400 square feet in size. The developer has stated that the deed restrictions would require a minimum of 2,400 square foot houses on lots 19-42. Houses on all other lots are restricted to a minimum 2,200 square feet in size. The owner's surveyor has addressed all Development Review Committee comments related to the plat. Since the plat contains more than four lots, the plat also requires approval by the City Council. The Planning and Zoning Commission approved this Preliminary Plat at the December 10. 2001, meeting by a unanimous vote, but subject to the applicant meeting all the requirements of the Colleyville Land Development Code upon submittal of the final plat. Recommendation Denial. due to technical non-compliance with the Land Development Code drainage standards Attachments · Location Map · Plat · Development Review Committee Memo · DRC Response Letter · Applicant Correspondence · Letter from Jeffrey K. Zimmerman · Planning and Zoning Commission Minutes · Resolution R-02-1883 Location Map I . ~ I ~ ! ~ ~ I = I - :: ~ .. "2.0 - ~ ~ i I TA 2' i 4.-' TA 2 I I I 1. Ie .c I 1. " .c -; N __. ..j.__ ____ ___ ___ __,_ _____ .._ .__ _____J.._.. _.. _. .__ ._. ____ _.'_ ___.. _.. _.. ......_ _._.. _.._. :_.._u_u_....: . ~---~ ._._.._.._.:c~d.::J~--":'~~..,c=:J_...._.._.__:~I:",:_.._.._.._!,.._.._.c_::=:;;~_ ;-T-'-- I .-'-.'----, r - i -.- . ,\.2C i i 1 . v-- I,' I;' ';. ....~_. I ;' 'i~. . . D .~!6t ~~O':~ ,)TFl l.'''i i 1.0 AC! i I . I I I L-J fR 1"5 ".0 AC 3 11=; .17 }.O .c ......-...-::-~~-'; "' ,t' .';--' '....2.--..:..:-- .-. (,...-/ ;~~ 1\ " --'\. lP ,e. ~. 8 Ie ~ . \ Plat -- ..,- / / ! ! I .~ rt I Ill! e: .= " oJ D 8 qnl~ ,,~~w n.:W2S,~.- - ~ . 1 J -.;' ,#I" ~.' ... - AN" · -C.-,.-;:"'-;;..-,;;;. ---~_... ....... " -.-, IF" lW' ,..,.,.. ;~-::~" ;U~,. .... -- nACT J -. I'C'.' "". ) .". L I I l- I I I It / .Development Review Committee Memo CITY OF COLLEYVILLE COMMUNrrY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE. DATE November 28, 2001 FAX TO Raman Chandler FAX NO 817-283-9186 FROM Clayton Husband, AlCP, Development Coordinator SUBJECT P-O 1-036 Preliminary Plat - Westgate Villas The Colleyville Development Review Committee (ORC) has reviewed your Preliminary Plat request submitted to this office on November 20, 2001. The following comments are for your consideration. GENERAL INFORMATION I. The review of this plat and related preliminary engineering plans was based on Ordinance No. 0-01-1286, adopted by the City Council on August 8, 2001, and on the PUD-R regulations contained in the Land Development Code. PLAT DRAWING I. Add a table to the drawing showing the square footage of each lot, or show the square footage of each lot on the lot. 2. Show the medians as separate lots. Label all meciians and greenbelts with lot numbers. 3. Provide a breakdo~ of the open space calculation. Include the area of all greenbelts and medians. . 4. Show the O'WJ1ers name and deed recording infonnation for the property located immediately west of this site. 5. The drainage and utility easement adjacent to the rear lot lines of the interior lots must be increased to 15 feet in width, with 7.5 feet on eitb.-:r side of the rear property line. 6. The PUD-R ordinance for this property requim: an 8-foot tall masonry screening wall along the eastern boundary of the property, adj3Cent to the Remington Park Addition. This wall must be constructed with the public improvements to the property. A copy of the ordinance is attached for reference. P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 . Development Review Committee Memo DEVELOPMENT REVIEW COMMIliEE P.o1.o36 WESTGATE VILLAS 7. The PUD-R ordinance requires the developer to construct sidewalks along McDonwell School Road as part of the public improvements to the property. The sidewalk must be a minimmn of 5-feet in width and constructed in the area between the curb line and the adjacent property line. 8. The PUD-R ordinance for this property has specific provisions for single story houses, minimmn house sizes, and notes to be added to the final plat. It is recommended that the developer review the copy of the attached ordinance, which contains these requirements. 9. The street name ST. MORITZ PARK must be changed. A very similar street name is already used in an adjacent subdivision, and use of this street name will adversely affect police and emergency service to the area ] O. If a wrought iron fence is constructed at the rear of the lots adjacent to the greenbelt areas, the spacing between the pickets of the fence must not exceed 4-inches. 'This is the maximum spacing allowed for a wrought iron fence if a swimming pool is built in the rear yard. ] 1. The proposed plat appears to be designed to a gated community with private streets. The requirements for Private Streets and Entrance Gates are contained in Chapter 10 of the Land Development Code. It is recommended that the applicant and engineer review the requirements and responsibilities contained in this chapter. The following comments are related to this portion of the request. a. The street area would need to be designated as a separate lot and overlaid with a drainage, utility and access easement. b. The Conditions of Approval, listed at the end of this memo, must be included on the final plat. c. A detailed drawing, to scale, of the gate and entry area must be submitted so the relevant requirements of Chapter 10 may be evaluated. An Opticom entry system with Knox Box backup is required for ail gates. . - TREE PRESERVATION 1. Trees not located within the right-of-way must be preserved during the construction of the subdivision. ENGINEERING CONSTRUCTION PLANS 1. The engineering construction plans have been reviewed by the Engineering Department, Fire Department and Public Works Department Conunents on the paving, drainage and utility plans are noted on a marked-up set of prints. These plans are ready to be picked up. Questions concerning the engineering construction plans should be directed to Choyce Monew, P.E., at (817) 577-7587. PAGE 2 OF 6 .Development Review Committee Memo DEVELOPMENT REVIEW COMMITTEE P.o1.036 WESTGATE VILLAS OTHER INFORMA1l0N 1. The Land Development Code requires sidewalks along all streets. All sidewalks must be a minimum of 4-feet in width and constructed in the area between the curb line and the adjacent property line. The sidewalks must be constructed when new structures are built on the lot. 2. Water, sewer and roadway impact fees are due at the time a building pennit is issued for a new structure on the lot. The Engineering Department will provide a formal assessment of impact fees to the Building Inspection Department upon submittal for a building permit. The fees listed below are intended to provide general information on the fees that could be assessed. ROADWAY WATER SEWER $794.50 per lot for single family residential uses $1,468 for a I-inch meter [fee dependent on whether new water tap or meter is requcsted] $128 for a I-inch meter [fee dependent on whether new water tap or meter is requested] 3. Parkland dedication fees are assessed at the time of approval of the final plat. The fee for single family residential uses is $1,802 per lot. An assessment of parkland dedication fees will be provided to the Engineering Department, and all fees must be paid at the time of final acceptance of the subdivision. 4. INFORMAnONAL ONLY. The Colleyvil1e Land Development Code is available on-line at www.collevvilIe.com. The Land Development Code is in Adobe Acrobat format. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, December 10,2001, 7:00p.m. Tuesday, January 15,2002, 7:30 p.m. RESUBMmAl REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · 12 folded copies of the revised Preliminary Plat drawing · one 8W' x 11" reduced copy of the revised exhibit · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The above requested items must be submitted no later than Wednesday, December 5, 2001 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or husbandc(@,ci.colleyville.tx.us if you have any questions. PAGE3OF6 . Development Review Committee Memo CITY OF COLLEYVILLE _COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE December 7, 2001 FAX TO Raman Chandler FAX NO 817-283-9186 Tony Krauska, PE 972-240-4466 FROM Clayton Husband, AICP, Development Coordinator SUBJECT P-OI-036 Preliminary Plat- Westgate Villas The Colleyville Development Review Committee (DRC) has reviewed your revised Preliminary Plat request submitted to this office on December 5,2001. The following comments are for your consideration. PLAT DRAWING 1. The medians must be added as separate lots. The City must plan for the possibility that the street may become a public street at some future date. Since the medians are included as private open space for the development, the City will not asswne maintenance of the medians. 2. According to the PUD-R ordinance for this property, the parkways are not considered as part of the open space calculation. Even without the parkways, the open space provided in the greenbelts and medians exceeds the 20% requirement. 3. The PUD-R ordinance for this property requires an 8-foot tall masonry screening wall along the eastern boundary of the property, adjacent to the Remington Park Addition. Staff research into this issue indicates that the Planning and Zoning Commission recommended .through its discussion that the same wall proposed adjacent to the commercial property be constructed adjacent to Remington Park. The 8-foot wall requirement was included in the ordinance that the City COWlCil considered when hearing the zoning case. Staff cannot administratively change the requirement for the screening walls since it was adopted by an ordinance approved by the City Council. The only way to amend this requirement is to apply for an amendment to the PUD-R ordinance. This process requires property owner notification and public hearings before the Planning and Zoning Commission and City Council. P.O. Box 185- Colleyville. Texas 76034-817.577.7587 .Development Review Committee Memo DEVELOPMENT REVIEW COMMITTEE P.o1..Q36 WESTGATE VILLAS ENGINEERING CONSTRUCTION PLANS 1. An off-site easement is required to convey water from the detention pond across the adjacent lot. Since an outfall structure is shown, the flow of water is concentrated at that point, and the stormwater no longer sheet flows onto the adjacent property. The concentrated flow of water must be conveyed through an easement to an approved drainage structure or right-of-way. 2. Additional comments may be provided on the preliminary engineering plans. Questions should be directed to Choyce Morrow, PE, at 817-577-7587. RESUBMITT AL REQUIREMENTS Please submit the following to our offices: . a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived Please contact me a1817-577-7587 or hushandc@ci.collevville.tx.us if you have any questions. c: CHOYCE MORROW, PE, EN~ CIfRIS S1EUBING, ENGlfEERlllG KEm1 FI8ttER, ENGINEERIiIG RED BALEY, FIRE DEPNn1IENT ROBERT YOUNGER. BULDING INSPEC110N KEllY HOWEU., PUBLIC WORKS MIKE $OM, ECONOMIC DEVELOPMENT DIANNE MCWE1HY. cnY MANAGER'S OFFICE ORe Response Letter / K//B//A/ Ponnus. Inc. Con.uIlins E.ngin",,, - Surveyor. Tony f(rtnJ3itD. P.E Jay Bedford. Rl'LS T,n')' WlUlaUr Dol, C 'JI'r - Ow",r - Ownu - S"f"WY 0""-0110 - FI~/d Oprranons December 5, 200] Mr. Clayton Husband, AlCP Development Coordinator City ofColleyville P.O. Box] 85 Collwyville, Texas 76034 Re: P-O 1-036 Preliminary Plat Mesquite, Texas 'P".' ;, - t: 5 7ij~ t · IT I CIT'll '::-"'~ ~VILLI BY COl\l1l'1.UNIT't' DfvELlJPMENf Dear Mr. Husband: We are in receipt of the Memorandum from the Development Review Committee dated November 28, 200] and offer the following responses. Plat Corrunents I. The square footage for c:ach lot has been added to the plat ., The entire street area liaS been shown as a separate tract since the streets are to be private streets. A tract designation was used in order to avoid confusion with developable lots. 3. We have added a breakdown of the open space as requested 4. Ownership and recording infonnation for the property to the west has been added 5. The drainage and utility easement has been expanded to 15 feet 6. The screening walls have been added. However, we feel an error has been made in the PUD-R ordinance and have shown a 6 foot tall masonry wall on the east side in lieu of an 8 foot tall wall 7. Sidewalks will be provided as required during construction 8. Specific zoning restrictions have been added 9. The street name St. Moritz Park has been changed to Lorraine Park 10. Iron fencing on the rear of lots shall be constructed as required 11 a. The private street has been identified as 8 separate tract and the easement provided II b. Conditions of approval have been added to the plat lIe. A conceptual plan of the gate system has been added. A detailed plan will be provided with the construction plans Engineering Plan Comments I. 2 fire hydrants were relocated to provide coverage instead of adding an additional fire hydrant 2. The 16" waterline is placed in McDonwell School Road with the intention of 4222 Ros~hiJ/ Rood. S"il~ 2 - Gar/and. Tuas 7J043 - Ph. 972-240-j999 - Fax 972-240-4466 ORe Response Letter 'I C ':J yta" Husband ,',e5::;:0:" Aoe,l,on - Preliminary Pial :;':::~if '- Decemoe' C ?OC; 1 extending the line through the commercial tract along the future north-south collector. We feel extension of the 16" water through rear areas ofa residential area is not appropriate. Therefore, we have left our design alone. 3. The buried rubble along the east line has been added 4. The drainage calculations now reflect the correct values 5. The ~tary sewer connection to the west follows the south line of the adjacent property owner. The adjacent property owner is also Raman Chandler and off-site easements can be obtained. 6. The final design of the detention pond and outfall have not been completed. However, we have added a conceptual layout. An off-site easement for conveying water onto the south property owner is not required sincewe are neither increasing nor concentrating the flow anymore than the current conditions. Enclosed with this letter are the requested copies for your use. Please feel free to call if you have any questions. Sincerely, @~g; Paf1nm, lnc. 0&t,7' a~ Tony Krauska, P.E. Applicant Correspondence Raman Chandler Properties, LC 2319 Hall Johnson Rd. rOB 611 eColleyville. TX 76034 e 817.685.7388 e817.283.9186 December 17, 2001 Mr. Clayton Husband City of Colleyville P.O.Box185 Colleyville, TX 76034 Re: Westgate Villas - Storm Drainage System Dear Mr. Husband: The following is to address the question of an easement from the downstream propeny owner. Mr. Zimmerman, to accommodate the outflow from the Westgate Villas detention system. There are several issues which must be addressed regarding this matter. The first and foremost is the laws of the State of Texas. The conuolling statue is the Texas Water Code which defines the rights of myself, as an upstream propeny owner, and Mr. Zimmerman, as a downstream propeny owner. In summary, the statute.provides that I have the right to use my propeny in a reasonable manner and discharge the run-off downstream as long as I do not: 1. Increase the outflow as to damage the downstream propeny or 2. Concentrate the outflow as to damage the downstream propeny (see attached excerpts from the Texas Water Code, please note Highlighted ponions). It is our plan to actually reduce the outflow from its existing condition as commercial propeny without storm detention to the natural outflow as pasture land and remove the existing 36" RCP storm drain and install detention ponds designed to discharge the outflow as sheet flow spread over the natural water course existing at the propeny line. Applicant Correspondence Instead of creating a problem we are eliminating an existing problem. The second issue is the City of Colleyville Land Development Code. V\'e have reviewed the sections relevant to this matter. Those sections are Chapter 9; Subdivision Design and Public Facilities and Chapter 14; Engineering Design Standards. In reviewing Chapter 9, we cannot find any language which requires a downstream easement unless the outflow creates a hazardous conditions (Section 9.15E Off Site Draina~e). Again. we are improving an existing condition by reducing the outflow and removing an existing concentrated flow condition to provide a natural "sheet flow" condition. Chapter 14 addresses the fact that Colleyville is subject to the laws of the State of Texas (Section 14.2). It also addresses the necessity of a Drainage Study and supponing design to prove up the function of the Detention system to accomplish its planned function. Third, if the downstream easement is needed to serve the public then the City of Colleyville may obtain the easement as a function of eminent domain. However. as a private citizen and land owner, I do not have the right or power to obtain an easement if the propeny owner does not wish to cooperate. It is our position that an easement is not necessary or required. However, to accommodate the wishes of the City Staff. we are submitting a proposal to Mr. Zimmennan (see enclosed letter). The proposal to Mr. Zimmerman is intend to define the existing condition and the proposed solution with two alternatives to consider. ] do not know how we could ever define an easement for the natural sheet flow condition. However,"if he chooses to leave the 36" RCP then an easement would be necessarv. . In any case, any damage to the downstream property would appear to be a civil matter between the propeny owners. As such, as the owner of the property, we will agree to indemnify and hold the City harmless for any damage to the downstream property as a result of the detention facility and the resulting out flow. Sincerelv. /? ~. cOiL- Raman Chandler Applicant Correspondence Raman Chandler Properties, LC 2319 Hall Johnson Rd. POB 611 -Colleyville. TX 76034 - 817.685.7388 -817.283.9186 December 1 7, 2001 Jeffrey K. Zimmerman 6403 Champion Way Colleyville, TX 76034 Re: Stonn Drainage - Westgate Villas Dear Mr. Zinunerman: 1 received a copy of your letter dated December 13,2001 from Mr. Fisher, Engineer \\ith the City of Colleyville. Please note that my mailing address is P. O. Box 611 Colleyville, TX 76034. Your letter was addressed to the Hall Johnson Road address and may be returned to you by the postoffice. This will simplify future correspondence if you use the above address. In reviewing your letter, I am aware of your concerns as a downstream propeny o\'mer regarding the storm drainage. As I have stated to you at a. prior meeting and also at City Cound.1 meetings where you were present, my plans for the Westgate Villas will serve to reduce the impact of the existing "run off' Onto your propeny. This will be accomplished in two ways. First, the Detention Ponds are being designed to reduce the outflow at your propeny (as it now exists with the 9 Acres Dance Hall site and parking lots) to a rate equivalent to the outflow as undeveloped pasture land. Second, the existing 36 inch RCP presently discharging the run off onto your property will be removed and a detention pond will be constructed to spread the "out flow" over the width of the natural water course existing at your nonh propeny line. Applicant Correspondence In other words, the Westgate Villas storm drainage system is being designed to return the existing conditions to that of a natural condition as pasture land. Also, I should clarify exactly what I said at the P & Z meeting. One of the members asked me if I had contacted the owner to request an easement. I believe it was Mr. Wall. My answer was "No Sir, I have not. As you may recall, Mr. Zimmerman opposed the Villas zoning. However, I will contact him regarding an easement." I did not contact you last week because I wanted to verify several items relevant to the drainage prior to contacting you. As of this date, my Engineer has again reviewed the design of the storm water detention system to verify its design capadty to perfonl1 as stated above. My attorney has verified my rights as an upstream propeny owner and your rights as a downstream propeny owner as provided in the Texas Water Code. My rights entitle me to the use of my land as long as we do not alter the existing conditions by increasing the "outflow" or concentrate the "outflow" as to cause damage to your propeny, In both cases we will solve a potential problem for you by redudng the existing outflow to a natural condition and by removing an existing condition which has concentrated the "outflow" onto your propeny, Weare meeting tomorrow with the City Engineering Depanment to review this matter, including a proposal which we plan to submit to you. After that meeting, I will forward the proposal to you for your review. Sf:~ Raman Chandler cc: Donna Arp, MayoreBill Lindley, City Manager Choice Morrow, City Engineer Applicant Correspondence Raman Chandler Properties, LC 2319 Hall Johnson Rd. POB 61 J eColleyville. TX 76034 e Bl 7.685.7388 eBl 7.283.9186 December 17, 2001 Jeffrey K. Zimmerman 6403 Champion Way Colleyville, TX 76034 Re: Storm Drainage - Westgate Villas Dear Mr. Zimmerman: As you are aware, we are proceeding with the development of the Westgate Villas. As pan of that development, we will be installing a storm water detention system designed to reduce the rate of the existing "outflow" from its present rates commercial propeny ( the 9 Acres Dance Hall and parking lots) down to the rate of "outflow" for undeveloped pasture land. This will be a significant reduction in the .. outflow" rate onto your propeny. Also, the present 10catiQ~ of the existing storm water "outflow" is concentrated in a 36 inch RCP discharging onto your propeny at a location approximately 40 feet west of the 35 foot off set in our common propeny line. We plan to remove the 36 inch Rep and install a detention overflow which will spread the run-off over a wide area in a natural "sheet-flow" condition located at the existing natural low area near the center of our common propeny line. It is possible you may wish to leave the "outflow" at its present location in the existing 36 inch Rep. In that case, the detention system will still reduce the rate of "outflow" to that of undeveloped pasture land. This/in my opinion, would probably facilitate the future development of your land. In either case, the rate of outflow will be reduced significantly from tile existing condition. Applicant Correspondence If you prefer the second alternative we will need an Easement allowing the .'outflow" horn the 36 inch RCP on to your propenYl This will be necessary to define and protect the interests of both of us, the City of Colleyville and our successors in interest since the 36 inch RCP would preserve the existing concentrated flow of the water rather than spreading the outflow over a wide area as a natural sheet flow. Please advise me of your wishes as to the preferred design for your interests and we will proceed according to your preference. My engineer will provide copies of the storm water detention system for you and your engineer to review. Also, you may want to have your engineer contact Mr. Keith Fisher, Engineer for the City of Colleyville to verify the design of the detention system. The final design will be cenified by my engineer and reviewed by the city engineering staff prior to approval. Also, a copy of the plans will be provided to you for review by your engmeer. Please reply by December 31, 200 I of your preference for the "sheet flow" design or the 36 inch RCP discharge at its present location. We can then complete the design based on your preference. ,~'~ Raman Chandler cc: Clayton Husband Donna Arp, Mayor Bill Lindley, City Manager Keith Fisher, City Engineer Letter from Jeffrey K. Zimmerman Jeffrey K. Zimmerman 6403 Champion Way Colleyville, Texas 76034 (817) 427-4130 December 13. 200 I Mr. Raman Chandler Raman Chandler Propenies 2319 Hall Johnson Road ColleyviJIe. Texas 76034 Re: Drainage Issue - Westgate Vi1las Dear Raman: It has come to my attention that you have presented your plat for development of the Westgate Villas to the Colleyville P&Z commission, and that there are presently uncertainties related to the detention ponds that you plan to construct on your property. It is my understanding that you have been instructed by P&Z to obtain exact measurements to determine how large your detention facilities need to be. As you are aware, inadequately sized detention facilities will cause water to overflow onto my property, which will significantly erode my land. This is unacceptable. I am also aware that the city has inquired about the possibility of your obtaining an easement from me to flow water onto my property. It is my understanding that you stated to P&Z that I would not grant you an easement. As of this date, you have not contacted me regarding this malter, and have not even given me an opportunity to consider assisting in any resolution to your drainage issues. I am writing this letter to implore you to ensure that appropriate steps are taken to prevent any water from your detention ponds from overflowing onto my property. 1 intend to follow this matter closely and I will exercise all available remedies in order to protect my property from being damaged. fifij( :r--- Jeffrey K. Zimmerman cc: Donna Arp, Mayor Bill Lindley. City Manager Choice Morrow, City Engineer ECEIVE' Ut \.: 1 4 2001 .. CITY OF COLLEYVILLE BY COMMUNITY DEVElOPMENT Planning and Zoning Commission Minutes A Preliminary Plat of Westgate Villas requested by Raman Chandler, 14.761 acres located on the south side of McDonwel1 School Road, west of Remington Parkway, Case P-01-036 Clayton Husband presented the case to the commissioners. He told them about the zoning on the property and how the plat meets the requirements of the PUD-R ordinance. He said that the open space exceeds the required 20% as it is 3.20 acres and that is 22%. Mr. Husband informed the commissioners that Mr. Chandler is responsible for constructing an 8-foot tall screening wall adjacent to the Remington Park subdivision and along the west boundary line of the project. He said Mr. Chandler claims that statement was incorrect and the wall was supposed to be 6- foot tall. Clayton said staff researched this issue and found that the Planning and Zoning Commission, through its discussion on the issue, recommended that the 8-foot tall wall be built on both sides of the property. Mr. Husband said a detention pond IS proposed in the greenbelt on the southern end of the property. The pond shows an outlet for the water that concentrates the release of the water on to the adjacent property. The developer must obtain an easement from the adjacent property owner to allow the release of water on the next lot. The developer's engineer has stated that the easement is not needed since the water flow out of the pond is not concentrated. The City's Engineering Department has stated that the preliminary design provided by the developer's engineer does concentrate the flow at one point, and that an off-site easement is required. Clayton told the commissioners the owner's surveyor has addressed all Development Review Committee comments related to the plat, and since the plat contains more than four lots, the plat also requires approval by the City Council. He said staff recommends denial due to the technical non-compliance with the Land Development Code drainage standards. The applicant. Raman Chandler, distributed a letter from the Remington Park Homeowners' Association and introduced Chuck Watson, 3528 Meadowside, Bedford, as his representative to speak with the Commission. Mr. Watson gave the history of the project and related the similarities of Westgate Villas to the Villas at Caldwell's Creek. He spoke about the advantages of the projects and how they are a source of pride. Mr. Watson said the preliminary plat is identical to the zoning exhibit with one exception. He said they eliminated the arches over the gated area and he also showed pictures of the Villas at Caldwell's Creek. He requested that the Commissi.o~ grant approval of the Westgate Villas Preliminary Plat. Chairman Gasper asked if there were any questions for staff. Discussion ensued about how many homes will be constructed in the subdivision, the 8' screening fence, and the construction materials of the screening wall. Staff informed the commission that the fence would be constructed with concrete panels that look like brick or wood. They discussed that Westgate Villas would be a gated subdivision and meet the criteria set forth by the City. Commissioner Cully asked if the Remington Park Homeowners' Association was represented in the discussion regarding the fence height. Mr. Husband responded that he was not sure if they were involved. Chairman Gasper said that the drainage issue is of great concern. There was lengthy discussion about an existing storm drain being part of Nine Acres property and they are not proposing to build another storm drain because there is already one there. Raman Chandler said they will be reducing the rate of outflow onto adjacent properties and they are designing a system where the property reverts back to the flow for pastureland and could easily convert if the property to the south wants water to be put into a pipe. He said they were well incompliance with the existing regulations. Mr. Chandler introduced his engineer Tony Krauska. Mr. Krauska went to the drawing board in the Council Chambers and drew an explanation for the proposed drainage system. Commissioner Wall asked why the difference between the developer's proposal and staffs recommendation. He said the engineering department is opposed to concentrating the drainage to one area. Commissioner wall and Mr. Krause discussed sheet flow versus point flow. Commissioner Culley said it seems to him as if the developer has a good explanation and has made a good case for his proposed system. Mr. Husband responded that the issue of how the water leaves the property is the problem and it is an issue of release of water. Raman Chandler proposed that the Commission approve the preliminary plat subject to an agreement and resolution with City staff at the final plat stage. Barry LeBaron said that as of the afternoon of the meeting date, December 10, 2001, engineering staff recommended denial of the preliminary plat. Mr. Krauska said the engineering staff is asking for a full design and that is normally done when the final plat is applied for. Mr. Chandler also said this was a normal procedure. He also said that the screening wall design does not factor into preliminary plat approval Commissioner Wall said he would recommend that the Planning and Zoning Commission would not consider the final plat unless the drainage issue was resolved with staff and Council. He said if they move and vote to send the preliminary plat to Council, it would be up to the Council and staff to deal with the fencing issue. He asked staff if the Commission could make a motion as such. Clayton Husband said that the technical compliance for staff is what is in the code and it is not a value judgment based on who a developer is and the plat either meets the regulations or it doesn't. Commissioner Hollis said before they pass something on to Council that is in technical non-compliance shouldn't they at least ask the adjacent property owners what there position is regarding granting an easement. Chairman Gasper said it seems to her that they have a letter from Remington Park. Commissioner Hollis said they are not involved in the draining issue. He said they are talking about the property owners to the south and southwest for drainage. Commissioner Wall said that is not an issue if the flow IS less and the only technical non-compliance is if there is sheet flow or point flow and whether the engineers can agree. He said he doesn't see why they can't pass the plat onto Council with the engineers working it out. Commissioner Wall said if it isn't worked out before it goes to Council, they will see the Commission's motion and if it comes back to the Commission, they will sit on it until it is resolved. Commissioner Swift said he does not have a complaint with Mr. Chandler's proposal, but he wants to offer his comments about his great concern about the traffic problems in the general area and whole corridor on John McCain. He said it is not a basis for agreement or disagreement with Mr. Chandler and Mr. Chandler has done a good job on the Villas at Caldwell's Creek. He said that anyone who travels on McDonwell School Road and on John McCain, they notice that it is getting very constipated with the all the development being made. Commissioner Swift said it is only going to get worse before it gets better. He said staff is in the process of developing an amendment to the Master Plan and the Northeast Tarrant Parkway that he originally opposed has to be addressed because the City cannot support Mr. Chandler's lype of additions without some recognition of the huge traffic problem that is being built in. He said his comments are more addressed to the authors of the Master Plan than to Mr. Chandler. Commissioner Culley moved to approve the preliminary plan of Westgate Villas provided that the developer and city staff is able to agree on a suitable plan that does meet the codes and restrictions that the city would apply to the situation regarding the drainage off of the property. Commissioner Sellers seconded the motion. Commissioner Wall said Commissioner Culley said nothing about what would happen if it came back to the Commission unresolved. He said he assumes that Commissioner Culley means that they would not deal with it unless it is resolved. He asked Commissioner Culley to consider adding that statement at the end by adding a friendly amendment that Planning and Zoning will not deal with a final plat for Westgate Villas until and unless the drainage issue is resolved. Commissioner Culley said he would accept that as a friendly amendment and Commissioner Sellers said he would second the amendment. Commissioner Culley said they believe that the developer has a reasonable plan and his engineer seems to make sense and he doesn't see the Commission fighting this too much as it is just a matter of getting the plan right and he advised Mr. Chandler to spend the money on a final engineering plan so they can look at a final plat. Commissioner Hollis requested to have a comment on the record. He said he also opposes the development because of the density and he is still in opposition to it. He said he does not want his vote to be misconstrued that what they are voting on is simply a preliminary plat and it needs to be considered after the fact that the PUD has been approved by City Council and he respects that. Chairman Gasper said that supposedly Mr. Chandler takes the water along the side that is to the west to the street, then that would be one way to resolve the technical problem. Discussion ensued about possible alternatives and how the water may need to go down to Lavaca Trail. Chairman Gasper restated the motion that the proposal is approved with the condition that the developer work with city staff to resolve the drainage issue so that it is in compliance with City ordinance. Commissioner Wall said it is with the further understanding that if the issue comes back to the Commission still unresolved, irregardless of the fact that if it is a final plat, the Commission will not deal with the issue until it is resolved. Chairman Gasper called for the question. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None RESOLUTION R-02-1883 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WESTGATE VILLAS ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the preliminary plat of Westgate Villas Addition is hereby approved. AND IT IS SO RESOLVED. Passed by a vote of ayes, of 2002. nays and abstentions on this the day ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, ~RMC City Secretary Donna Arp Mayor RESOLUTION R-02-1883 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WESTGATE VILLAS ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the preliminary plat of Westgate Villas Addition is hereby approved. AND IT IS SO RESOLVED. Passed by a vote of ayes, of ,2002. nays and abstentions on this the day ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL Cd'" Of ~~. I' J'TIir~~"j}~= .~ 'J.C, _ _-' ------- "; lO':1 ~ AGENDA BRIEFING 9 CMO Approval: i I I ! For mtg. : ! Item # : i I 01/08/02 I Resolution # : I R-02-1884 I Previous Action: None DEPT.: I I COMMUNITY DEVELOPMENT SUBJECT: I i I , A Final Plat of Broughton requested by David 'I' Bagwell, 55 acres located on the north side of Hall Johnson Road, west of Highland Hills I Lane, Case P-01-024 I Reading and Public Hearing Backqround This final plat was denied by the City Council at the October 16, 2001 meeting due to concerns over the proposed drainage plans. However, the developer has revised the drainage plans and satisfied the Engineering Department's questions regarding on-site detention and off-site drainage flows. The Colleyville Engineering staff have also met with one of the concerned downstream property owners regarding the proposed subdivision, as requested by the City Council. The final plat is now ready for consideration' by the City Council. ~~ L 'vr-~ CITY MANAGE~ ~~ 73~ DEPARTME HEAD (continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-02-1884 Page 2 Overview David Bagwell is the developer of a 55-acre parcel of land located on the north side of Hall Johnson Road, west of Highland Hills Lane. The developer submitted a Final Plat of the property for review and consideration by the City Council. The plat will create 80 lots for constructing single-family residences. The following is a summary of the major items associated with this Final Plat. Zoning. The property is zoned PUD-R Planned Unit Development Residential, approved by Ordinance 0-00-1257 on January 3, 2001. This district requires a minimum lot size of 13,000 square feet, with an average lot size of 16,000 square feet. The development provides a minimum lot size of 13,200 square feet, with an average lot size of 18,390 square feet. The density of the development is 1.49 dwelling units per acre. Building Lines. The PUD-R district requires front building lines of 30 feet. The developer is requesting that the plat be approved with 27 -foot front building lines on the lots located on the west side of the development. Each of these lots front on a looping street with a large median or "green" on the street. This issue is further explained in the developer's response letter, which is attached. The approving PUD-R ordinance gives the City final authority to approve building lines. The Planning and Zoning Commission approved the reduced building lines. Drainage. During the zoning stage of this project, there were several questions about drainage. The engineering plans submitted with the final plat included grading and drainage plans for the 55-acre parcel. The plans were reviewed by City engineering staff and also by Albert Halff Associates, a consulting firm with significant experience and expertise in drainage ,issues. The plan review is based on Chapter 14 of the Colleyville Land Development Code, which establishes criteria and standards for public improvements in subdivision development. A developer cannot begin construction on a subdivision until the engineering plans are completed in accordance with City standards. Open Space. The PUD-R ordinance requires this property to dedicate 20% of the total project area as open space. This property provides 12.64 acres (23%) of open space. The open space includes buffers along Hall Johnson Road and adjacent to the Highland Meadows subdivision, and the large "greens" located within the looping streets. Agenda Briefing Resolution R-02-1884 Page 3 Emergency Access. An emergency access drive and easement is being provided at the north end of the development. The access will be gated and used for emergency vehicles only. This emergency access provides the required second entrance into the development. The Planning and Zoning Commission approved this Final Plat at the September 24, 2001, meeting by a unanimous vote. Recommendation Approval Attachments · Location map · Plat · Development Review Committee memo · Applicant's Response Letter · Planning and Zoning Commission Minutes · Resolution R-02-1884 Location Map ~ -I J.J I ..-. J/.J ~~:/ ~- ;;f..I /" L 1"'-, ./ '" I ~ ! I r-r 7 H ~ ~ I I __ ~ 1 ! h / f:h I I I I II5r.- _ =- ~ n I I 1'- J J I I i '1J t- Fr\.. c- - ~ IT.: ,: r- jc----ll i. IL W ~~"jl-:::::'"h ~ ~ '- / I / . ~) t- - t -i l' I I I 1"111. - - I/r-- - ~ ... v --= .... 0:=:::::1:: I I I I I ! L .- I I b 1J ~ lllL , - 1 \ .. I r- I r- - "- r- - : I !.I I / - = __ ir.'- - I--..-. -\ \ .., ." ---, t-- l-- - ~ /' 'I!)-, h,l,..r-- ,-1 t- l- - "~ I I I - t- - -('1\ - ,.,..or -h. 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'JiG;;;:-.... ..~::. _..........~ i"':J+. ._ . ~ " ~ ~ ;:;. ~~t: ~ ;)~ ~':~.~~;;~ ~~'~ k::w~rm~: ~':~m.':,:.:/ l ~,~ ~:~ ~:;~'~: ~r;. :::;;.. 1"::-:~.".;::--:": . ~:_' " I I'. i: " ;!t: !< d~ ~ --. iii: ; 0'1 . .0: u: . .. c:- -(3 <( c- o o .') .,-, ~ j: ~ ' ;? ~': ~. ;:. ,.(! ~ ~ ~: . =- :. n .' i ~ Wi ( ~.j:~ : t;j. .;/\1 ~. ~ et. 'I r ~; ~ I' j' . I!n f :: ~ ~ ~ i ~.~ ~l ';~ l' r .f~~ i 'If'' N o <) ~ I _."':'.r--.. _.... ... lt~~;~~l . i.. ih , '., \ i; :~J:,.:~'~;~' .!':;:: ~~~:.~:~.;:~~.~:.~ ....:.;;-~ ~ , :~'. ::~ :.q;1~?:;~~~~.~ ~.~~. ~;~~f.:~~!~.(E . .".. ,'. . ~', " Development Review Committee Memo CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO August 22. 200 J David Bagwell 214-368-7740 .:. Gena Terrell .:. 214-891-1437 FROM C]a)10n Husband. A1CP. Development Coordinator SUBJECT P-OI-024 Final Plat- Broughton Addition The Colleyville Development Review Committee (DRC) has reviewed your Final Plat request submined to this office on July 27, 200]. The follo....ing comments are for your consideration. GENERAL INFORMATION I. Due to the munber of significant engineering issues that may affect the plat, this plat will not be scheduled for action by the Planning and Zoning Commission wltil the Engineering Department has finalized the review of the construction plans. .., The review of this plat and related construction plans was based on Ordinance No. 0-00-1257, adopted hy the City Council on January 3. 200 I. and on the PUD-R regulations contained in the Land Development Code. PLAT DRAWING 1. The front building line on several lots is shown as 27 feet. The PUD-R ordinance for this property requires a minimum front huilding line of 30 feet. Revise the plat accordingly. 2. TIle rear building line on several lots is shown as 25 feet. The PUD-R ordinance for this property requires tl.-minimum n:ar building line of 25 feet. Revise the plat accordingly. 3. A 7.S-foot wide drainage and utility easement must be added adjacent to the rear of each residential lot. 4. The 5-foot utility easement adjacent to Burnhnm Circle needs to be changed to a pedestrian and utiliry easement. 5. Medians are proposed on several streets. TIlese medians need to be added to the plat a'i an open space lot. 6. All open space lots must be O\vned and maintained by the homeowners association. Add a note to the plat indicating this requirement. P.O. Box 185 - C01..1..EYVILLE. TEXAS 76034 - 817.577.7587 ._...._.-.-."."_._-~-,--------_._------_.....__._'-,..~.~-_.~...__...,- Development Review Committee Memo DEVELOPMENT REVIEW COMMITTEE P-01-o24 BROUGHTON ADDITION 7. Provide a table showing the area (square feet) of each open space lot. This development is required to provide 20% of the land area as open space. 8. Lots I X and 2X, Block A, must be designated as open space lots. These lots were noted as open space lots on the zoning exhibit approved as part of the PUD-R ordinance for this property , 9. The PUD-R ordinance for this property requires an emergency access easement between LOl~ 50 and 51, Block A. The easement must be gated and constructed in accordance \\-lth the Land Development Code requirements. The plat must be revised to show this easement and the construction plans need to be revised to show the construction of the access drive and gate. 10. The right-of-way for Sanders Lane and Wyatt Drive needs to be verified. Tie dov.'l1 the existing right-of-way with monuments on the opposite side of the street. Additional right-of- way dedication may be required depending upon the existing right-of-way width. 11 Sanders Lane and Wyatt Drive are classified as Minor Collectors on the Thoroughfare Plan. A Minor Collector requires an ultimate right-of-way width of75 feet. The required right-of- way dedication along the frontage of this property on Sanders Lane and Wyatt Drive is 12.5- feet from the existing right-of-way line Show the square footage of the right-of-way dedication. 1~. Label the Point of Beginning on the plat. ] 3. Monuments need to be labeled and/or set at all property corners in accordance with TSPS minimum standards. 14. There are several minor corrections noted on the marked-up plat. ENGINEERING CONSTRUCTION PLANS 1. TIle engineering construction plans are still Wlder review by the Engineering Department, Fire Department and Publ.ic Works Department. Comments on the paving, drainage and utility plans will be noted on' a marked-up set of prints. The applicant's engineer will be notified when these plans are ready to be picked up. Questions concerning the engineering construction plans should be directed to Choyce Morrow, P.E., at (817) 577.7587. OTHER INFORMATION 1. The Land Development Code requires sidewalks along all streets. All sidewalks must bc a minimwn of 4-feet in width and constructed in the area between the curb line and the adjacent property line. The sidewalks must be constructed when new structures arc built on the lot. '") Perimeter streel improvements are required for this property since Sanders Lane and Wyatt Drive are considered unimproved streets and the plat contains more than one residential lot. PAGE2OF4 Development Review Committee Memo DEVELOPMENT REVIEW COMMITTEE P-01-024 BROUGHTON ADDITION The developer is required to construct one-half of the streets or provide an equivalent amow1t of cash escrow for future improvement by the City. The engineering construction plans must be revised to show these in1provements. 3. Water, sewer and roadway impact fees are due at the time a building pennit is issued for a new stmclUre on the lot. The Engineering Department will provide a formal assessment of impact fees to the Building lnspection Department upon submitt.'ll for a building pcm1it. The fees listed below are intended to provide general inlonnation on the fees that could be assessed. ROADWAY WATER SEWER $1,962 per lot for single family residential uses $2,936 for a ] -inch meter [fee dependent on whether new water lap or meter is requested] $256 for a ] -inch meter (fee dependent on whether new water tap or meter is requested] 4. Parkland dedication fees are a"sessed at the time of approval of the final plat. The fee for single-fmnily residential uses is $] ,802 per lot. An assessment of parkland dedication fees will be provided to the Engineering Department, and all fees must be paid at the time of final acceptance of the subdivision. ~ The PUD-R ordinance for this property contains special conditions for sidewalks and open space landscaping adjacent to the Highland Meadows Addition. A copy of these various provisions is attached. 6 INFORMATIONAL ONLY. The Collcyville Land Development Code is available on-line at www.collevville.com. Follow the link wlder MtmicipaJ Code The Land Development Code is in Adobe Acrobat f0n11at. PUBLIC HEARING SCHEDULE City Council: Monday, September 10,2001, 7:00 p.m. (pending Engineering review) Tuesday, October 2, 200], 7:30 p.m. (pending Engineering review) Planning & Zoning Conunission: RESUBMITI AL REQUIREMENTS A marked-up print is available for pickup in the Conm1Unity Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: ] 5 folded copies oflhe revised Final Plat drawing one 8\1:" x ] ]" reduced copy of the revised exhibits a wlinen letter addressing each conmlent stating the conunenl has been addressed or offering reasons why the requirement should be modified or waived . PAGE 3 OF4 Development Review Committee Memo DEVELOPMENT REVIEW COMMITTEE P-01-024 BROUGHTON ADDITION The above requested items must be submined no later than Wednesday, September 5, 200] In order to make the scheduled hearings. Please call me if you have any questions. C: CHOYCE MORROW, PE, ENGINEERING CHRIS STEUBING, ENGINEERING KEI11i FISHER, ENGINEERING REO BAILEY, RRE DEPAR11IENT ROBERT YOUNGER, BUILDING INSPECTION l<EU Y HOWEU, PUBLIC WORKS MIKE SOAS, ECONOMIC DEVELOPMENT DIANNE MCWETHY, CITY MANAGER'S OFFICE -I I I I PAGE 4 OF4 Applicant's Response Letter i I I I I '. I I , " I; 1_. I I \ September ]8,200] ClaVlon Husband City of Colleyville PO, Box 185 Colleyville, TX 76034 Dear Clayton Please accept the following in response to comments of the Colleyvilh: Development Review Committee (the "ORC"') regarding our Broughton final plat submission and your followup conversation with my associate, Justin Stratton: PLAT DRAWING ITEM 1 we understand that front building setback lines in residential areas are intended to create a feeling of neighborhood spaciousness, as well as a front yard area for Iighl recreational use; as you may be aware, many front setbacks in other developments of The Oa'.~d Bagwell Company have been established deeper than called for by City ordinances, please see, for example, Ashmore Phase One, Leyton Grove, and most lots in Oakbrook Hills and Westmont; however, on the west side of Broughton, we believe it is appropriate that front setbacks be slightly less than the City's minimum; on the west side of Broughton, our final plat establishes "greens" in front of houses that are 49' wide on Arrington, 53' wide on Lennox, 57' wide on Camden, and 67' wide on Grosvenor; the width of all four of these greens was 49' on the Broughton preliminary pial approved by the City Council; we believe these greens will be one of the most anraclive features of Broughton and will provide the development and Colleyville considerable distinction; however, because of the added cost of the requisite looping streets and the land "lost" in creating these greens, there are not many examples in the DallasfFon Worth area to study, we have found looping streets with greens similar to ours in the Las Colinas area of Irving, near Cincinnati, Ohio, and in the Spokane, Washington area; we've also gained some spatial perspective with respect to these greens on the mall at the SMU campus in Dallas and at a high end townhome development in southwest Fort Worth; everything we've seen has encouraged us in the belief that the greens in Broughton should be made as wide as reasonably possible; to create greens on Lennox Green, Camden Green, and Grosvenor Green that are wider than those on the preliminary plat of Broughton, we have reducerl slightly the depth of the lots on either side of these streets, and, we propose making the front building lines on these streelS 27' instead of the City's typical 30'; this will restore to the backyards of these lots land that we've used to widen the greens in front of them, ~jven such wide greens ui front of the houses on Amngton Green, Lennox Green, Camden Green, and Grosvenor Green. we beheve that these houses may sit slightly closer to the street without sacrificing either spaciousness or an area in the frOnt of each for light recreation; please compare how far apart houses on a standard street sit versus how far apart houses on Arrington Green, Lennox Green, Camden Green, and Grosvenor Green will sit; typically, there's 110' from front door to front door on a Colleyville street, but on Anington Green, LeMox Green, Camden Green, and Grosvenor Green, this distan"1! will he 1/0 less than 170' even with the 27'frolll sethaclcs we propos!!,' I, \... -=~..::., . -i! :;'.-.." " , Applicant's Response Letter spaeiousness on each of these streets with greens will be enhanced by the extra width that we've given each lot; please note on the plat that the average lot width on Arrington Green, Lennox Green. Camden Green, and Grosvenor Green is 109.9', nearly 10% wider than the minimum in Colleyville; 2 PLAT DRAWING ITEM 2 according to Seclion 1.4 of the zoning ordinance 0-00-1257 faT this property. the building line setbacks established by the preliminary plat supereede those of the PUD-R regulations contained in the Land Development Code; the final plat for Broughton contains lhe same rear building lines as shown on the approved preliminary plat; 3. PLAT DRAWING ITEM 3 the required drainage and utility easements are shown on the accompanying revised final plat, 4 PLAT DRA\\>1NG ITEM 4. the requested change to the utility easement adjacent to Burnham Circle is shown on the accompanying re\.ised final plat. PLAT DRAWING ITEM 5. the greens of Arrington Green, LeMox Green. Camden Green. and Grosvenor Green have been shown on the final plat and are described as private open space; o. PLAT DRAWING ITEM 6. a note indicating that open space lots will be owned and maintained by the homeowner's association has been added to the accompanying revised final plat; 7 PLAT DR.;\WING ITEM 7. a table showing the area of each open space has been added to the accompanying revised final plat; 8 PLAT DRAWING ITEM 8 on the accompanying revised final plat, Lots I X and 2X, Block A have been designated as open space lots, with the disclosure that they will be convened to lots at a future date if the fire slation is moved, this same disclosure was Ineluded on the approved preliminary plat; q PLAT DRAWING ITEM 9 emergency access easement has been added to the accompanying revised final plat; revised construction plans have been modified to show the construction of the access drive and gate; I 0 PLAT DRAWING ITEM 10.- right-of-way for Sanders Lane and Wyatt Drive have been verified; additional right-of-way will be dedicated a.~ needed (see the following response): 11. PLAT DRAWING ITEM 11. the required right-of-way dedication and square footage is shown on the accompanying revised final plat; J2 PLAT DRAWING ITEM 12 Pomt of Beginning has been labeled on the accompanying revised fmal plat; 13 PLAT DRAWING ITEM 13 Applicant's Response Letter please let me know if we need to respond to this comment, or is it informational only? 14 PLAT DRAWING ITEM 14. corrections have been made on the accompanying revised final plat; 15. OTHER INFORMATION ITEM 2. at the present time, we plan to escrow an amount equal to the necessary funds to improve half of Sanders Lane and Wyatt Drive, We interpret all other ORe comments to be informationaL However, if we missed responding as we should, please let Justin or me know, and one of us will get back to you promptly with the information you need. We appreciate working with you on this project Sincerely, Broughton Limited Pannership By: The David Bagwell Company, it' eoer By cc: Justin Stratton Planning and Zoning Commission Minutes 4 A Final Plat of Broughton Addition requested by David Bagwell, 55 acres located on the north side of Hall Johnson Road, west of Highland Hills Lane. Case P-01-024 Barry LeBaron presented the case to the Commission. He said that earlier in the year the City Council approved the planned unit development for residential for this property that now comes to them as a final plat called Broughton Addition. He said it's 55 acres and the plat before them Includes 82 lots and it's almost identical to the exhibit that is a part of the approved zoning ordinance He said the ordinance actually gives the Commission and the City Council some latitude in making some minor adjustments to the plat He said the reason for that is when you do the preliminary plat, you often haven't done all the engineering and design work to get you to the preliminary plat stage that you need to come forward with the final plat Mr LeBaron said one of the things that is somewhat different on this final plat from the preliminary plat is that a street is originally proposed to go straight up and make the bend He said one of the things they've done on the plat is design it so you come in and make a slight adjustment for that street He said the reason is that after doing their final engineering and survey work, they determined what their actual cut and fill situation is in terms of moving dirt. He said they realized if they tried to follow the topography by moving thiS road over, they'd end up with a much better development because they wouldn't have all these lots cut into the side of the hill and move all the dirt over to the other side. He said that is better simply because the preliminary plat was easier to draw a straight line. He said they've tried to take advantage of the topography and it is such a minor issue that staff didn't have any problem with it, but he wanted to call it to their attention that it is not precisely like the zoning exhibit Mr LeBaron said that the other thing the applicant is asking for is the zoning ordinance states these lots are to have 30 front building lines and they want 27' building lines. He said the rationale is that there are some green spaces that are to have one way streets on the west side of the development with a narrower street than residential streets. He said because they are one way, there isn't the traffic to be concerned about passing back the other direction. He said in order to take advantage of that extra width of the green space what they're asking for is to make the front yard setbacks 27' instead of 30'. Mr. LeBaron said this IS a slight departure from what was Originally proposed, but it gives them the latitude to set that and make a departure from that standpoint. He said staff did not have any particular concerns over that 27 and there are a number of developments in the city that have 25' Mr LeBaron said Mr. Bagwell is required to have at least 20% open space in the development. He said he has extra wide greenbelts along the main street that goes in and a green space along Hall Johnson Road and a green area buffering- his development from the Highland Meadows development and others Within the street areas Mr. LeBaron said this is a rather unique approach for Colleyville and they've not seen thiS type of development. He said the developer has done several others in the city with some very creative and imaginative features and each has a good character about it. Mr LeBaron said that the city's fire station is located in an area and Mr. Bagwell's been negotiating with the city if he can eventually come up with a plan to buy the property from the city and move the fire station farther to the west. He said the applicant has gone ahead and platted around that area and marked two lots as open space lots so that in the future if he can, he would just have to replat them for buildable lots He said if he did that, it would not reduce him below the 20% open space requirement. Mr LeBaron said the development only has one primary entrance point into it and there is an emergency access at another location that goes out onto Sanders and Wyatt Drive. He said the emergency access will be gated and will be controlled by Opti Com so the emergency services can get into the addition and those requirements are written into the zoning ordinance Chairman Gasper. said the major improvement with the curved linear street is that the street is no longer a flume for all the water going straight down into Hall Johnson. Mr. LeBaron said one of the other features is there is an opportunity to bring the incoming traffic onto one of the locations and the exiting traffic onto the other. He said it helps control the traffic at that location. He said people are concerned about traffic backing up on Hall Johnson Road and this is a way to help alleviate some of that. Mr LeBaron said that because this is a final plat for more than four lots, the plat also requires City Council action as well There being no further discussion or questions for the developer, Commissioner Wall moved for approval of the final plat of Broughton. Commissioner Culley seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None .._ __._._""____._____._____."~.~___"_._""__,_"._._..______'~"~H~...___.._.~_<~___._,__'__~..____..~._ RESOLUTION R-02-1884 A RESOLUTION APPROVING THE FINAL PLAT OF BROUGHTON ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the final plat of Broughton Addition is hereby approved. AND IT IS SO RESOLVED. Passed by a vote of ayes, of 2002. nays and abstentions on this the day ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, T.RMC City Secretary Donna Arp Mayor CIIYor ~ :/?'\)rem-~,. i1 n,~ ~~ C~- CITY COUNCIL 100s AGENDA BRIEFING For mtg. : Item # : 01/08/02 10 CMO Approval: I ! I Resolution # : R-02-1885 Previous Action: None DEPT. : ENGINEERING SUBJECT: Approval of Design Services Contract with Washington & Associates for Riverwalk Drive, In the amount of $24,500 Reading and Public Hearing Backqround The Colleyville Justice Center is scheduled to open in September 2002. The main entry for the building will be Riverwalk Drive. Currently, Riverwalk Drive has been constructed from Glade Road north to the southern edge of the Colleyville Justice Center property. Riverwalk Drive will be extended northward approximately 1700 linear feet to the recently constructed Bluebonnet Drive. Construction plans need to be completed in order to bid and construct the project during the Spring and Summer of 2002. The concrete roadway will be a four (4) lane undivided roadway section as per the Colleyville Thoroughfare Plan adopted by the City Council on January 4, 2000. A 12.5' concrete trail will be constructed on the west side of the roadway and a 5' concrete sidewalk will be constructed on the east side fronting the Community Center. The City has negotiated a -design contract with V.vashington and Associates to complete the construction plans for Riverwalk Drive, in an amount not to exceed $24,500. (continued) ~~J~'~~ CI~ ~NAGER I - wdt ~ DEPARTMENT HEA FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-02-1885 Page 2 The plat of the Colleyville Town Center Addition was filed with Tarrant County on March 6,2001. Resolution R-01-1767 approved the final plat for the Colleyville Town Center Addition. The City of Colleyville was granted 70' of right-of-way along with a 10' drainage, utility, and pedestrian easement for the future construction of Riverwalk Drive. The Colleyville City Council approved a City Developers Agreement with Melvin & Martindale, Ltd., on August 8, 2001. Item 6 stated that the City agrees to refund one- half the total cost of $350,178, for Riverwalk Drive fronting the Justice Center and the Community Center. This estimate was based on limited information due to the lack of a detailed design. The Colleyville City Council also approved a City Developers Agreement with Patsy Smith dated October 1, 1996. In that agreement, Section 3.3 states".. .In the event the actual cost is more than the Estimated Cost, then Smith shall pay to th~ City, within 30 days of its determination by the City, an amount equal to one-half (1/2) of the difference between the actual cost and the Estimated Cost." Based on the current schedule (see attachment "C"), City staff expects to begin construction of the roadway in late April 2002. Upon completion of the project, any cost reimbursement issues related to the difference between the estimate and the actual cost will be addressed with the owner. City Attorney Ross Foster reviewed the contract and staff has made the requested changes Financial Impact Funding for the design of Riverwalk Drive is available from the 2001 TIF Bonds. One half (1/2) of the design cost will be reimbursed to the City of Colleyville by the current property owner. Recommendation Approval Attachments . Design Contract - Washington and Associates . Resolution R-01-1767 (paper copy only) . Development Agreement Section 3.1 -3.4 (paper copy only) . City-Developer Agreement . Site location map (paper copy only) . Resolution R-02-1885 Agenda Briefing Resolution R-02-1885 Page 3 Contract # 0109-009 CITY OF COLLEYVILLE, TEXAS PUBLIC WORKS CONTRACT AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is made and entered into this day of ,2002, by and between THE CITY OF COLLEYVILLE, hereinafter called the OWNER, and GUTIERREZ, SMOUSE, WILMUT & ASSOCIATES, INC., a corporation hereinafter called the ENGINEER. RECITALS This AGREEMENT is applicable to the furnishing of Basic and Special Engineering Services by the ENGINEER to the OWNER for the design and construction of RIVERWALK DRIVE PAVING AND DRAINAGE IMPROVEMENTS hereinafter called the PROJECT. CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER and the ENGINEER agrees to furnish the Basic and Special Engineering Services in connection with the PROJECT as stated in Section II following, and for having rendered such services the OWNER agrees to pay to the ENGINEER compensation as stated in Section VI following. SECTION II CHARACTER AND EXTENT OF SERVICES 1 The BASIC ENGINEERING SERVICES to be rendered by ENGINEER. include and are limited to the following: A Advise the OWNER of any geotechnical, soil, foundation, or other subsurface investigations or any special surveys or special testing which, in the opinion of the ENGINEER, may be required for the proper execution of the project, and assist the OWNER in arranging for the conduct of such investigations and tests. (The performance of these investigations and tests is not a part of the ENGINEER'S Basic Services and will not be included unless specifICally authorized in writing,) 8 Finish the project design combining the application of sound engineering principles and economy which shall be manifested by completed Construction Contract Documents, (Plans, Specifications, etc.) and assist OWNER with submittal of such Documents to local, state and federal agencies for approval as may be applicable. C. Prepare detailed cost estimates of the proposed construction which shall include summaries of bid items and quantities on the unit price system of bidding wherever practical. The ENGINEER shall not be required to guarantee the accuracy of these estimates. D Furnish to the OWNER all necessary copies of approved Construction Contract Documents (plans, specifications, notice to bidders, proposals, etc.). All sets of Construction Contract Documents in excess of 10 are to be paid for separately. E. Assist the OWNER in the advertisement of the project for bids. F Assist the OWNER in the opening and tabulation of bids for construction of project and recommend to the OWNER as to the proper action on all proposals received. G. Assist in the preparation of formai Contract Documents and in coordinating their execution by the respective parties Page 1 of 8 H. Conduct, in company with OWNER, a final inspection of the project for conformance with the design concept of the project and compliance with the Contract Documents. I. Revise contract drawings, with the assistance of the Resident Project Representative to reflect available information as to how the work was constructed. Furnish a set of prints of these revised drawings to the OWNER. J Coordinate with Surveyor to furnish Control Points and Elevation Bench Marks required to establish the alignment and elevations as required for the Contractor to layout the construction of the PROJECT to the proper lines and grades for the construction of the designed improvements. Surveyor to invoice City directly. K. Include all direct non-labor costs associated with Items A. through I. above. L. Prepare a Scope of Work for this project, which is outlined in Attachment "A". The Basic Engineering Services are to be rendered as requested by the OWNER. The OWNER may direct the ENGINEER not to perform one or more of the Basic Engineering Services listed above, and if the OWNER so directs, the compensation to the ENGINEER shall be adjusted accordingly. SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the ENGINEER under this agreement until he has received written authorization from the OWNER. SECTION IV PERIOD OF SERVICE This AGREEMENT shall be effective upon execution by the OWNER and the ENGINEER, and shall remain in force until terminated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The ENGINEER shall hold periodic conferences with the OWNER, or its representatives, to the end that the project, as perfected, shall have full benefit of the OWNER'S EXPERIENCE AND KNOWLEDGE OF EXISTING NEEDS AND FACILITIES, AND BE CONSISTENT WITH ITS CURRENT POLICIES AND CONSTRUCTION STANDARDS. To implement this coordination, the OWNER shall make available to the ENGINEER for use in planning the project, all existing plans, maps, field notes, statistics, computations and other data in his possession relative to existing facilities and to the project. SECTION VI - THE ENGINEER'S COMPENSATION For and in consideration of the Basic and Special Engineering Services to be rendered by the ENGINEER, as cited in Section II above, the OWNER shall pay and the ENGINEER shall receive the compensation hereinafter set forth: BASIC ENGINEERING SERVICES Compensation for the Basic Services: Final DeSign (Plans & Contract Documents and SpecifICations) and Bidding Coordination Phases of the PROJECT, shall be based on employee hours spent working on the PROJECT billed at the hourly rate paid to the employee ( shown in Attachment "B") times a "Multiplier" which compensates the ENGINEER for fringe benefits, overhead, and profit. Computer equipment use, postage, basic reproduction (covers first 1 0 sets of plans and contract document/specification books) and telephone use will not be charged separately, but will be covered by the "Multiplier". Subcontractor charges will only be paid for if previously approved by the City in writing. Ail ot~ler itemized direct nOil-iabo.. and appfoved subcontractor expenses wiii be paid at cost pius 15%. The total compensation to the ENGINEER for the Basic Services will not exceed $24,500.00 without additional negotiation and authorization. Page 2 of 8 The "Multiplier" for this Contract shall be 3.00 Payment to the ENGINEER shall be due in monthly installments made upon receipt of an invoice from the ENGINEER outlining the employee's name, amount of hours worked by each employee, the employee's hourly rate, the Multiplier, and the total amount charged for each employee. 2. TOTAL COMPENSATION Total compensation to the ENGINEER shalt include the sum of "Basic Engineering Services", ($24,500.00) for a total amount not to exceed $24,500.00 without additional negotiation and authorization. The compensation for engineering services stated does not include sales tax. If the State of Texas imposes a sales tax on engineering services during the time of this contract, then the Owner agrees to pay the sales tax as an extra payment, above and beyond the agreed compensation for engineering services. SECTION VII REVISION OF REPORTS, PLANS, SPECIFICATIONS AND OTHER DOCUMENTS The revision and redrafting of reports, plans, specifications and other documents during the formative stages as an orderly process in the development of the project to meet the needs of the OWNER shall be considered as part of the Basic Services; however after a definite plan has been approved by the OWNER, if a decision is subsequently made by the OWNER, which, for its proper execution involves extra services and e>epenses for changes in, or additions to the drawings, specifications or other documents, or if the ENGINEER incurs extra labor cost or e>epenses due to delays imposed on him from causes not within his control, the ENGINEER shall be compensated for such extra e>q:>ense which shalt be considered as Special Services. The ENGINEER is responsible for notifying the OWNER as soon as possible if this circumstance arises. SECTION VIII OWNERSHIP OF DOCUMENTS Original documents, plans, design and survey notes represent the product of training, experience, and professional skill. and accordingly belong to, and remain the property of the ENGINEER who produced them, and the Owner regardless of whether the instruments were copyrighted or whether the project for which they were prepared is executed. The OWNER shall be furnished with three sets of Mas-buiJr bluelines and a CD-ROM containina a reproducible copy of all oriQinal drawinQS. The OWNER wilt use these plans and data in connection with the project only as a source of information as to construction. Any electronic copies given out by the OWNER will not contain the ENGINEER's seal. SECTION IX COMPLETION SCHEDULE See Attachment "C" for detailed completion schedule. SECTION X TERMINATION This AGREEMENT may be terminated by either the OWNER or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. If this AGREEMENT is terminated for the convenience of the OWNER, the ENGINEER will be paid for termination expenses as follows: 1. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work prOduct; 2. Out-at-pocket expenses tor purchasing storage containers, microfilm, electronic data f~es, and other data storage supplies or services; Page 3 at 8 3. The time requirements for the ENGINEER personnel to document the work underway at the time the OWNER'S termination for convenience so that the work effort is suitable for long time storage. SECTION XI LIABILITY The ENGINEER agrees to defend, indemnify, and hold City whole and harmless against any and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error or omission of ENGINEER, or an agent, servant, or employee of ENGINEER in the execution or performance of this Contract, without regard to whether such persons are under the direction of City agents or employees. The ENGINEER agrees to carry an errors and omissions type of professional liability insurance policy for $1.000,000 and will furnish the OWNER a certificate of insurance for the OWNER'S file if requested to do so. SECTION XII SUCCESSORS AND ASSIGNMENTS The OWNER and the ENGINEER each binds himself and his successors, executors, administrators and assigns to this AGREEMENT and to the successors, executors, administrators, and assigns, in respect to all covenants of this AGREEMENT. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet or transfer his interest in this AGREEMENT without the written consent of the other. Nothing herein shall be constituted as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto. SECTION XIII SPECIAL CONDITIONS Special conditions, under the AGREEMENT, include and are limited to those listed hereinafter; the conditions shall become part of the AGREEMENT: Other provisions contained in the written "Authorization of Services", issued by the OWNER, under Section III, and accepted by the ENGINEER, shall become part of the AGREEMENT. EXECUTED in three counterparts (each of which is an original) on behalf of ENGINEER by its SENIOR VICE PRESIDENT. as shown below, and on behalf of the OWNER by its CITY MANAGER (thereunto duly authorized) this day of ,2002. By Donna Arp, Mayor enior Vice President CITY OF COLLEYVILLE. Texas REZ, SMOUSE, WILMUT & ASSOCIATES, INC. Cynthia Singleton, City Secretary "\ 4 ATTEST: Page 4 of 8 ATTACHMENT "A" SCOPE OF WORK 1. Prepare plans and specifications for construction of Riverwalk Drive Paving and Drainage Improvements from ST A. 21+05.38 to STA. 37+14.38, to a street width of 49-feet BIB with 7-inch thick reinforced concrete pavement and 6-inch high curbs on lime stabilized subgrade (thickness and application rate of lime to be determined by a geotechnical study by others). Improvements to include underground storm drains with headwalls and inlets, driveways, sidewalks on both sides of the street, side street pavement transitions, waterline extension, and sanitary sewer manhole adjustments. Estimated Man-hours: Engineer (Associate) 24 hrs. Estimated cost = $3,096 Project Manager 24 hrs. Estimated cost = $2,448 CADD Technician 40 hrs. Estimated cost = $3,000 Office Services 4 hrs. Estimated cost = ~ $8,784 2. Confirm already completed drainage analysis is accurate for final design. Estimated Man-hours: Engineer (Associate) 4 hrs. Estimated cost = $ 516 3. Prepare "Opinion of Probable Construction Costs" (ENGINEER's Estimates) for all paving, drainage, waterline and sanitary sewer construction work, based on current estimated unit prices which are representative of similar types of construction in the Colleyville area. Estimated Man-hours: Engineer (Associate) 6 hrs. Estimated cost = $ 774 Project Manager 8 hrs. Estimated cos~ = $ 816 CADD Technician 14 hrs. Estimated cost = $1,050 Office Services 4 hrs. Estimated cost = $ 240 $2,880 4. Assist the OWNER in advertisement of the project for bids. Keep Bidders List Distribute plans and contract documents booklet to all parties that purchase a copy. Issue appropriate addenda when required. Contact local prospective bidders known to be competent contractors in this type of construction. Send contract documents and plans to SW Dodge Reports and other plan review houses as instructed by the OWNER. Provide 10 sets of contract documents and plans at no additional costs to the OWNER. All additional sets to be charged as direct costs per the contract Estimated Man-hours: Engineer (Associate) 20 hrs. Estimated cost = $2,580 Project Manager 14 hrs. Estimated cost = $1,428 CADD Technician 8 hrs. Estimated cost = $ 600 Office Services 8 hrs. Estimated cost = ~ $5,088 5. Assist the OWNER in the pUblic bid opening and tabulation of bids for construction of this project and recommend to the OWNER as to the proper action on all proposals received. Issue to OWNER and all bidders formal Bid Tabulation after bids are received and checked. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective partie.s, if requested by OWNER. Estimated Man-hours: Engineer (Associate) 12 hrs. Estimated cost = $1,548 Project Manager 4 hrs. Estimated cost = $ 408 CADD Technician 4 hrs. Estimated cost = $ 300 Office Services 8 hrs. Estimated cost = ~ $2,736 6. Perform construction project administration functions for this project as requested by the OWNER. Charges for these project administration services, if requested, will not be part of the BASIC SERVICES and the ENGINEER will be compensated on an hourly rate fee as described in Section IV of this Agreement. Estimated Man-hours = 0 Estimated cost = $0 Page 5 of 8 7. Revise plans per available construction information supplied by the City staff. Furnish City with final "as-built plans" as outlined in Section VIII of this agreement. Estimated Man-hours: Engineer (Associate) 4 hrs. Estimated cost = $ 516 Project Manager 4 hrs. Estimated cost = $ 408 CADD Technician 16 hrs. Estimated cost = $1,200 Office Services 2 hrs. Estimated cost = L.12.Q $2.244 SUMMARY OF "SCOPE OF WORK" ESTIMATED CONTRACT COSTS: Item #1 Item #2 Item #3 Item #4 Item #5 Item #6 Item #7 $ 8,784 $ 516 $ 2,880 $ 5,088 $ 2.736 $ 0 $ 2.244 $22.248 $ 2.225 $24,473 (round to $24,500) ESTIMATED TOTAL = PLUS 10% Contingency = "Not-to-Exceed" Amount = Page 6 of 8 ATTACHMENT "8" HOURL Y RATES PAID TO EMPLOYEES EMPLOYEE CLASSIFICATION RANGE OF RATES Principal & Associates $ 33.00 - $ 43.00 Project Managers & Engineers $ 28.00 - $ 34.00 $ 17.00 - $ 29.00 Graduate Engineer CADD Technician $ 16,00 - $ 25.00 OffICe Services $ 10.00 - $ 20.00 Page 7 of 8 ATT ACHMENT "C" COMPLETION SCHEDULE TASK DATE OF COMPLETION Award Engineering Services Contract January 8. 2002 2. Engineer Receives Written Authorization to Proceed January 11, 2002 3. 90% Complete Construction Plans (ready for City review) January 25, 2002 4. City Review Complete February 8, 2002 5. 100% Complete Construction Plans and Contract Documents February 22, 2002 6. Advertise for Bids March 3, 2002 & March 10, 2002 or When Directed by OWNER 7 Receive Bids for Construction March 20, 2002 8. Council Awards the Bid April 2, 2002 9. Begin Construction April 22, 2002 10. Construction Complete September 20,2002 Page 8 of 8 CERTIFIED COpy OF CORPORATE RESOLUTION I, Steven D. Sanaers, Secretary of Gutierrez. Smouse, VVllmut & Assoc., Inc., do hereby certify tl1ar on ~he 12th day of December 2000. there was held a meeting of the Board of Directors of said Company, which was duly called and held in accordance with the law. and the by-laws of the Company, and at which a quorum of the Directors was present:; arid at s~id meeting the following resolutIon was duly and uilanimously adopt,?d and has been entered upon the minutes o.t said meeting: "RESOLVED, That the fOllowing officers and associates of the Company, whose names appear below, are authorized to enter into a!lleases. and execute contracts for and on beharf of t11e Company:" Charles G, Wilmut, President. David Washington, Senior Vice President Ste:ven D. Sanders, Executive Vice Prosident Steve A. Dennis, Vice President Thelma F. Box, Vice PrGsident SaJjad Hussain, Associate Quinn Spann, Associate Joseph Reue, Associate Brian Gronholz, Associate Greg Dickens, Associate IN WITNESS WliEREOF, I hCive hereunto set my hand 2S Secretary of said Company, and have attached hereto the officiat seal of said Corporation, this 23rd day of April, 2001. /~~ Steven D, Sanders, Secretary (Ctjr~ora1e Sear) \'.:,r~'ller:,hjp: \:rQnIOmce..Frr.nIOl1i"e\MIt;r.~lIoney'.c"l'J)ol'llro l\e!lOl"lJoll. wp~ RESOLUTION R-01-1767 A RESOLUTION APPROVING THE FINAL PLAT OF TOWN CENTER COLLEYVILLE ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI.L OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1, THAT the final plat of Town Center Colleyville Addition Phase I is hereby approved. AND IT IS SO RESOLVED. Passed by a vote of f ayes, 0 nays and 0 abstentions on this the ~ ~ day of ~c./L I 2001. ATTEST: 0Y.k~~ Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE: ~~ Donna Arp Mayor listed on'Exhibit "I" and 100% of the costs relating to Lake No, 5 that are listed on Exhibit "I", All items of expense relating to the Initial Drainage Improvements for which Smith shall be fully or partially responsible are reflected on the list of estimated costs on Exhibit "I". Smith shall not be responsible for any engineering cost.s. Notwithstanding the foregoing, the cost to Smith of such Initial Drainage Improvements shall not exceed $158,850 in the aggregate. All costs of such Initial Drainage Improvements in excess of $158,850 in the aggregate shall be bome by and paid for by City. 2.4 On or before December 2, 1996, the City shall commence and proceed with reasonable diligence to excavate and rough grade the building pads on the Donation Property as shown on and in accordance with the specifications attached hereto as Exhibit "E," Smith shall have no obligation to payor provide fill material save and except the fill material excavated from the retention ponds and lakes included in the Initial Drainage Improvements described in paragraph 2.3 above. In the event the fill material excavated from the lIritial Drainage Improvements is unacceptable, unsuitable or insufficient in quantity to co:::nply with the specifications in Exhibit "E" or other City requirements, the cost of obtaining suitable or acceptable fill material shall be bome solely. ~y the City, It is agreed and understood that the cost to excavate and rough grade the building pads on the Donation Property are included in the excavation costs listed on Exhibit "I". Riverwalk Drive 3,1 The City, at its sole option, may co~truct Riverwalk. Drive from the right-of-way of Bluebonnet Drive within the City of Colleyville to the southern property line of the Donation Property as shovm on Exhibit "F" (said portion ofRiverwalk Drive being referred to hereinafter f-0068563.02 5 as "Riverwalk Drive-Section 1") in accordance with the then existing municipal standards for thoroughfares within the City of Colleyville. The alignment of Riverwalk Drive-Section 1 and the remaining portions of Riverwalk. Drive across the Smith Property shall be in accordance with the document attached hereto as Exhibit T and incorporated herein for all purposes. 3,2 In the event the City elects to construct Riverwalk Drive-Section 1 pursuant to the provisions hereof, it shall deliver to Smith a notice of intention to construct, Smith shall, within 30 days of the receipt of that notice, pay to the City one-half (1/2) of the estimated cost ("Estimated Cost") of construction of Riverwalk Drive - Section 1. 3,3 After the construction of Riverwalk Drive has been fully completed, the total cost of construction shall be determined, In the event the actual cost is less than the Estimated Cost, then the City shall pay to Smith, within 30 days of its determination by the City, an amount equal to one-half (112) of the difference between the Estimated Cost and the actual cost. In the event the actual cost is more than the Estimated Cost, then Smith shall pay to the City, within 30 days of its determin.ation by the City, an amount equal to one-half (1/2) of tbe difference between the actual cost and the Estimated Cost. 3.4 In the event the City elects not to construct Riverwalk Drive-Section 1 at the present time, and in the event Smith in the future develops all or a portion of the Smith Property which includes Rive~alk Drive-Section 1, City shall pay Smith an amount equal to one-half 0)2) of Smith's actual cost of constructing Riverwalk Drive-Section 1 within 30 days after the construction of Riverwalk Drive-Section 1 has been fully completed, Water and Sewer Improvements. 4.1 The sewer line improvements as reflected on the plans attached hereto as Exhibit "G" have been completed, the costs of such sewer line improvements having been shared by Smith and the City, The City, at its sole option, may construct the water line f-0068563.02 6 CITY OF COLLEYVll..LE CITY -DEVELOPER AGREEMENT ST ATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That Melvin & Martindale, Ltd. a Texas Limited Partnership organized under the laws of The State of Texas, Herein after called "OwnerlDeveloper" and the City of Colleyville, Tarrant County, Texas. HEREINAFTER call the "City", enter into the following agreement ("The Agreement"). In consideration of the mutual covenants herein contained and for the purpose of developing lots ill Colleyville Town Center, an addition to the City of Colleyville. as Filed for Record in Cabinet A Slide(;'oiffb~ofthe Plat Records of Tarrant County, Texas. the parties hereto do agree: The OwnerlDeveloper will provide a complete service connection at each lot, including tap, service line. curb stop and tap for sewer. The charge for the right to COIUlect to the system shall be in accordance with the City's current water and sewer tap fees. Fees will be charged and paid at the time building permits are issued. 2. The OwnerlDeveloper will contract for street, drainage, water and sewer requirements with reputable contractors. All contract documents shall be prepared under the supervision and bear the seal of the Registered Professional Engineer who shaH be licensed in the State of Texas. Before acceptance of the public improvements by the City, the contractor or contractors will furnish a two year maintenance bond or place funds in escrow with the City for two years. such bond or escrow to be in the amount of ten percent (10%) of the construction cost of all public improvements. :; The OwnerlDeveloper agrees to pay the City for plan review and inspection fees for the water, sanitary sewer. drainage and paving improvements in accordance WIth the current ordinance requirements, prior to acceptance of public facilities. 4 CIty agrees to pay the Developer the sum of $13,53100 for utility improvements peIfonned in Colleyville Town Center addition for the oversizing cost between an 8-inch water line and the IO-inch water line installed aJong Riverwalk Drive, Church Street. Colleyville Blvd. and Hall Johnson Road as shown on the City approved construction plans titled "Colleyville Town Center" Prepared by Washington & Associates. (See Exhibit "A") 5 The City agrees to reimburse the developer tl1e cost for the instaJlation of a sanitary sewer manhole and sewer line for the Justice Center at a cost of $4,590.00. (See Exhibit "B") 6. Developer agrees to construct Riverwalk Drive and Church Sueet streets on the Collevville Master Thoroughfare Plan. in lieu of paying roadway impact fees for Lots '1, 2, and 3, Block 1 ~d Lot 1 and 2. Block 2, Colleyville Town Center Addition (See Exhibit "C"). 7 The City agrees to refund one-half the total estimated cost of $350, I 78.00 for Riverwalk Drive fronting the Justice Center and the Community Center. The City of Colleyville's ponion is $175.089.00 per the Development Agreement dated October I. 1996. (See Exhibit "D") 8 City agrees to reimburse Developer $15.694.00 for the instaJlation of 2"-4" electricaJ conduits aJong Church Street for communication tines for the Justice Center. (See Exhibit "E") 9. The City agrees to install the temporary signalization at the intersection of Church Street and Colleyville Boulevard (State Highway 26) at no cost to the developer upon the warranting of such signalization to the Texas Deparunent of Public Transportation. 10. If for any reason the ownership of the property should change prior to the acceptance by the City of the water, sewer, drainage and paving in1provements in "Town Center", it is agreed that these conditions will pass from this "Developer" to the next owner and the City will require proper signatures of the new "developer" agreeing to the tenns of this agreement. 11. The Developer understands that he has no authority to cancel or amend the tenns of the agreement without specific written authority of the City. 12. Upon completion of the work, good and sufficient title to all facilities constructed, warranted free of any liens or encumbrances, is hereby vested in the City of Colleyville. IN WlTNESS WHEREOF, the parties to these presents have executed this contract m three (3) counterparts, each of which shall be deemed an original on this L day of A1.J.~tlb"1" , 2001. DEVELOPER CITY OF COLLEYVll..LE MaYOr~~Gu Me vin & Martindale, Lt A Texas Limited Partners By: R. M. FarrelL Inc. General Partner By Robert M Farrell, President i! r' I' . d :Ie: .D.; .' "'< ,. ".,,/:;1'/;;/ ...", ':~'~~~L~~;~:~;~'-j;,~,::.', /~,~~, ~="-'-k'~'.._ . ~/.ff..~ ,,~ ',,. -/;,.. "f 1 ' . ::]j " ;'i~ '. ~i -'_ "I.f~' ..... ':.:. I,,~~ < It . ".J' ~I.., 8~. "~,,,:,: .'.i_:... " .,. il:': jJ ~~ ;; .... .. -, /; r.: ..~~. .;'.,:: ~~~~ 't: n i~., . 1.(..... ~..' !f;,.: 'Ii: . , ',~: ..., if-:~ '0' 'j ,:i: ',.~i.!;,:' !, : ll, '~:'r'rh~ ,~ O. . !II · , -, .j..", ,.~; I; '.. <, . >: ",", "";""," ',. / ,;:': .. , I'';; ", ' ., .V _ ~'. "::! .. 8.. 11 n! " . . ~.r;...".. .... t- ::~~; ~~!; : II.:...... "'~i: ~- ..J.;; ; i ,. .~.. D.... . . 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I: . f~j, ,t~'!l ""P, :.' :~..-~' ~,., ,. --~t):. t ... :. ." ...., ....~. ~:--~,..... .......... l' .....:"'" .., .~ --::-.;'.:: > ~.: .-:- t: "~;~::-:-'~f: l: ~' ':i:<".;,;);i~i f :., 1 .. ...... ,'.' ,;/,1/ ~ . ...~ ~~ !W -.~:~ t' .~ ;~~J 'i~' l-II !m .J ..:~:,- .t, _ ~i': ........ I. -. , '. '.. .. . rr~ ~i~ lZl 'E I :l"l : lZl o 2 :z: tI:'I a= ~ ':ll ! 0, :~' .j.; " . ~e tj .;h :~~ ;~ '" -~ ~.-~.~, .~-~ :. .- W ".1 I' I..~ I~-: :;~ , ~"- ;3' ,. ~ii lE! , , ~,i I! ~tJ ;,,1 ,. , ! '.'" ! .\, '. . . " . .,. I.;.... ~~ii , !! ...;;, S~H; ;'~i- "'..... ..'..... RESOLUTION R-02-1885 AN RESOLUTION AUTHORIZING THE APPROVAL OF THE PROFESSIONAL SERVICES DESIGN CONTRACT FOR PUBLIC IMPROVEMENTS, BETWEEN WASHINGTON AND ASSOCIATES AND THE CITY OF COLLEYVILLE, TEXAS FOR RIVERWALK DRIVE WHEREAS, The City of Colleyville needs to construct Riverwalk Drive from the southern boundary of the Justice Center to Bluebonnet Drive; and WHEREAS, The City of Colleyville and Developer hereby entered into a City- Developer Agreement/Contract for The Colleyville Town Center, which specifies certain construction costs that the City has agreed to participate in with the Developer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville approves a design contract with Washington and Associates, for the design of Riverwalk Drive, in an amount not to exceed $24,500, is hereby approved. AND IT IS RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS, AND 2002. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secreta ry Donna Arp Mayor CITY COUNCIL e,t'. ()! .~;~.~ "li.lr ~..... ,,110;:. ~ r-T' ......:d ~ ;- l"':\ ~ AGENDA BRIEFING For mtg. : i I Item #: I I ! 01/08/02 CMO Approval: ' 11 Resolution # : II R-02-1886 Previous Action: None Appointing members to the SH26 Advisory Committee Reading and Public Hearing The City Council established the SH26 Advisory Committee, consisting of eight (8) to ten (10) members, to serve in an advisory role for the design and construction of planned improvements to SH26. Positions were advertised and eleven (11) individuals, who are listed below, submitted their application by the December 21,2001 deadline. . Joyce Hammill . Dee McNosky . Joe Allen . Larry Midtbo . Kipp Whitman . Butch Wallace . Joseph Short . Louis Miller . Mike Taylor . James Archie . Curtis Young ( continued) ~~J. l -~~ CI;YMA~~~ ~MENT HEA FINANCIAL REVIEW (IF NECESSARY Agenda Briefing Resolution R-02-1886 Page 2 of 2 The following individuals submitted their application after the deadline. . Jeff Sherman Neil Tees . Rich Driscoll . There were telephone and email inquiries regarding positions on the SH26 Advisory Committee after the application deadline. Financial Impact None Recommendation Approval Attachments · Resolution R-01-1871 (paper copy only) · Applications for Appointment (paper copy only) · Resolution R-02-1886 RESOLUTION R-01-1871 A RESOLUTION ESTABLISHING THE SH26 ADVISORY COMMITTEE WHEREAS, the City Council desires to work with property and business owners, representatives of the SH26 (Colleyville Boulevard) Corridor Design Task Force and citizens at-large in an advisory role for the design and construction of planned improvements to SH26; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. : I Sec 5 Sec. 6. THAT the City of Colleyville hereby establishes the SH26 Advisory Committee consisting of eight (8) to ten (10) members to serve in an advisory role to the City Council, TxDOT and TNP for the design and construction of planned improvements to SH26. THAT the SH26 Advisory Committee will serve to promote public awareness of the need and the benefits of the SH26 Improvement Project. THAT the SH26 Advisory Committee will meet once every two (2) months and serve until the completion of the SH26 Improvement Project. THAT the City Manager and/or his designee shall serve as the staff liaison for the committee. THAT Councilman Dana Feldman shall be appointed as the City Council liaison(s) for the committee. THAT the City Secretary is hereby requested to advertise for persons intere.sted in serving on the SH26 Advisory Committee. AND IT IS SO RESOLVED. PASSED BY A VOTE OF .s AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 'YM DAYOF ~..l~b<AJ 2001. C thia Singlet~n,~~...ck,-, City Secretary ...... CITY OF COLLEYVILLE E:~~ Mayor city Of 1l1"C'\ D\9 DEe - 7 m Texa!'o oMs. [j M rs . c Mr. Name: Application for Appoint CITY SECRETARY'S OFFICE Address: Hammill (Last) 6307 Edinburgh Drive Joyce (First) (Ml) Home Telephone: (817) 481-6337 Work Telephone: none Email Address: jshammill@aol.com Fax: Board. Commission or Committee Appointment Desired: SH26 Advisory Committee Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) I served on the Hall-Johnson Landscape Committee with full attendance I am currently serving on the Colleyville Blvd. Corridor Design Task Force with 100 % attendance I belong to the Colleyville Garden Club. Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) Citizen input both from neighborhood and clubs. I am interested in the future of Colleyville. We have a unique opportunity to make Colleyville stand out from it's neighbors in the plans we put in place for SH26. Do you understand that attendance and active support is required for each appointee? -X- yes no SIgnature: ~/C. ~/l.n -c'4' Date: 12-7-01 / Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record, City Secretary P,O. Box 185, Co/Jeyvi/le, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 x Ms. c Mrs. c Mr Name: McNosky Dee (Last) Address: 5108 Pleasant Run CilY Of /~i~ cc~n~ Texl'\!'o Application for Appoin DEe 10 2001 --- IE~IE~W!E TY SECRETARY'S OFFICE (First) (MI) Home Telephone: 817-656-3727 Work Telephone: 817-788-3101 ex 5606 Email Address: dtmcnosky@aol.com Fax: mcnoskyd@hebisd.edu Board. Commission or Committee Appointment Desired: Hyw.26 Design advisory Committee Qualifications: (list educational background or experience that would assrst you in carrying out the duties of this appointment) Widener University SA TCJC Real Estate Texas Women's University MA Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board. Commission, or Committee) I have served on the Corridor Committee and have made a conscious effort to note the concerns and ideas of those that I have served with and the public at large with regard to thiS project. I would like to bring that information forward in this phase of our efforts so we don't have to cover that ground again. A br3nd new committee will have to RevIew all of our efforts before they could move fo~ard. That would be unnecessary if some members of our first committee could be included in this new committee. Do you understand that attendance and active support is required for each appointee? _x_ yes no Signature: Dee McNosky 12/10/01 Once the City Council has filled a position. your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, Cr;>l/eyville, Texas 76034, Phone: 817.577.7575 Fax: 817,577.7555 - - - -- --.-.... ___......v....".., _'.....,.'.....~ n\...l.=J "'Ai.:l!:. ~: ~ ~ D~ ~O ~ W~l ~,~ I CITY SECRETARY'S C.;~.,...~ ,....- ,... . ......... L'. :.:;;; l"ell.' Application for Appointment Name: Allen Joe B. (Last) (First) (MI) Addres&:(w) 6413 Colleyville Blvd (h) 4308 Pembrooke Pkwy. W. Home Telephone:B17-318-B211 Work Telephone:B17-4B1-1077 Email Address:drallen@blvdanimal.com Fax:817-488-4866 Board. Commission or Committee Appointment Desired: Highway 26 Advisory Committee Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) Business owner on Colleyville Blvd. for 6 years Colleyville Resident for 4 years Served on Colleyville Master Plan Committee Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) I am very concerned about the long term future of Colleyville from both a fiscal and quality of life perspective. The development of Colleyville Blvd. will forever affect Colleyville citizens and business owners Do you understand / ./ ~endance and active support is required for each appointee? X_ yes no Srgnatur ' 08te:_12-10-01 Once the City Cou cil has filled a position, your application will be removed from the file and you must reapply for future openings. Thi. inform.tlon will become 8 Public Record. l'I..~ I.oW .....'-V~Io...l.J,I..I~'...' -.....\.:::.. t:... = Ms = Mrs >(Mr Application for Appoin m C:il~' UI -~~ ~~~. . l V. : .'~ ".1 -,,'c-: '~" ~ r("x,,~ - ~ L.:::::l DEe 12 2001 SECRETARY'S OFFJCE Name~ ~\ \U~O ) LA~'<l (Last.! f'... (Flrst.~ Aacres5 \!) l ~l} ~Lt~V J>\<. ! CDn.~1 c' \ 1 \ fl ~o'Tle Teiepnone' 811 - '5(,'5 ~ ~'1 'l 7) ..,. .. (MI, WorK T e!eohone Emsr; AaCress ~ f1\.(\(~ 1Y\i.~t\t>c) I (Dw'\. Fax 88aro Commission or Committee Appointment Desired :)r:~C-. f1Uhjt"~VI COlviN" \ -rrf P OLiallflcatlons (Irst educational DacKground or experience that would aSS1S: you In ce'~y';ng out me duties of this appointment) \Y\OC< -'\.~\")\\~""rjN ,--. "r - I -hc. ,-.. 'r' I ~ ,:., ,~ C ~ ~ \~, '- Sic::\ ~ ~ I I I i i I i I , -- r\ ! .:..:' \:,(. vI. Y\e J. (--k; \N'\ V\, V\ ,"t IPS ( ! ;.L ~ - <. . ~"^~'\~~ .J l, hb~SV\ '1 n~ lC" ~ .~ HeaS8:lS i:y Ser'Jlng (state brtefly the contributIons you can make to thIs apPointment ,~~: .v::...- reasons for wantIng to serve on the Board Commission. or CommIttee) '-, (S \;'~..Y~ C"t> \10 l ~,l \1 ~ c...... ~~ r ~t~ c. 0 :1:: yOu -.J;iderstand that attendance and active ::iUpport IS required for each appointee? .4. yes no s;;na'cr~~-tL Date~ J;t,I?/X) I O'l:e !r:e City CounCil has fjjled a POSitIon, your application WIll be removed from the file an:::: yo.... must reapply for future openIngs. This intonnatlon will become a Public Record, City Secretary p,O. Box 1B~, Coll9yvllJe, Texas 7'034, Phone: 817.577.7575 Fax: 817,577.7566 ~~(G~~WIE ":0 DEe 1 2 200i b 'ltmentSECRETARY'S I OFFICE : Ms = Mrs. 2<Mr Name C:II" Uf /~~ D~~=5 'tc-X8S Application for Appoi ~~M~/ /;i<fJ (Last) (Frrstj . 2- ~ 4~. ?/ .r..:rJ /~Oo 9'1? . ;=(/ ? d"t!)cJ I C"~ :LL.)C...47~ ATT81' Fax g,q- SliD 4 Lf ~ ,/~ Aaaress S::J (MI: Horne TeI80,.,one: Work T eJeOhone Emal! AaCress B8arc CommISSion Or COmmittee Apoorntment DeSirea r ~2c. ~0/o/~../ cC:/.r../k/7!;r~ / O....aiifl;:::atlons (lIst educational oacKground or experience that would assrs: you Ir. :=~'Yrng OLi: the duties of t,."s apPolmment) -:i!i~ €s7-4T~ .-D$~~"'fC~ ~.. U;t.. ~Y: ~ v*-/-~..o_--,::- -.. ~~y~/,-f = ~V€~&7 /~ ~/~~.-;;~ '<easons fo.. Serving (Slate Onefly the contnOutlons you can make to tn,s apOOlnlmenl a--:= Y8..:r reasons for wantIng to serve on the Board. Commission, or CommIttee) J: ,;<.V'sc.-k-' ~ .:z ~ ~T ~ ~c:::.-v- ~ J-- , .{),,- ~ '::{ J-~ ~ /~ 7~' . ~ ---.:-'~{--7e ~Q~dJF~'5- u: >'0.- unee'stand that attend nce ana active support IS requrred for each appointee? yes no S';;~a~L,'re Date Onoe tne City COuncil has filled a POSI!ron your application will be removed from the file a~c YOL; must reapPly for future openings This; information will become a Public ReCOrd, c,,>, senera", P.O. Box ,"S. ColI.YVllle.. TOXOJ; 78034, Phoner 817.577.7576 Fax: 817.577.7555 ---- -- "t::... ....,... I I I I I I I I = Ms. = Mrs. ~r CI1~ VI TI:B [B) IE ~ IE ~ Wi ~ r\1 DEe 1 2 2001 Tc-xa!- Application for Appoi t ECRETARY'S OFFICE Name: A4?ffirt:... 5~cA (Last) (First) Address /?O;J ;2;v~w~A/ 8/-~ Home Telephone: ~/.?- 4//6 -/~ f<s Work Telephone: fr.?- 71)/-; ~/&/ (MIl Email Address: Fax: ff?- ~/-;; ?/,7 Board. CommissIon or Committee Appointment Desired: .5"# .2..C /7/nr()~'f ~,;#"e QualificatIons: (list educational background or experience that would aSSIst you In carryIng out the duties of this appoIntment) (/J UW/--'t'/1 1/ ~p;J?6 c)r..) ~/o/~#e ~c/- C4/cJ? /$~;~/.JJ.d ()) vv/~/7 (7" ~f/;-~ C/~ .4/~;v,;fp ~~/- ~4/ d~;I- . / ~ U),P ('cL, i.--C- 4/"/.J? k.n ~ #7 c2c us~ ~(""e.- S'e/'r ...?~ N~('" cY Reasons for Serving (state bnefly the contributions you can make to this appointment and your reasons for wantIng to serve on the Board, Commission, or Committee) /~ <;; ~ P .-fb~~ ~ ///'0'/ /5 o./.('/:""'SJ C:;~-"V'A .",...-0 J # .,?-C:: ..7' / A//P^",/ /~~ 6GJ~ d;,1k..~ ~~s>/:::I~ r~ .~ , de 5/;.).,,~ ,/fJ/VrI-- -<50'/~A.i) d'~/4'/~ 7 ~~c/// ~~ .~ ~A-- /9 ~~//?~.h;"-, ~~.eP/?r.d- ~j ~ev7/ - Do you understand that attendance and active support is required for each appointee? 0es _ no Signature C'C~' ~~ Date: /,/-~-~OC// Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, Co/Jeyville, Texas 76034, Phone: 817.5n.7575 Fax: 817.5n.7555 1~~I-='-4::.t:.J1 ~:~:::7"""M ~~UM L~E ENGINEERING 9722d83855 ~ =: Ms. = Mrs. ~Mr. /~'^ 0 /B) IE ((; IE ~ \W IE ca~~L,; lfl] DEe 13 m Te",ClS Application for Appoi tmen~F~~rRY'S Address: Name SHORT Joseph T. (Last) 7703 Jefferson Circle (First) (MI) Home Telephone 817.281 9776 Work Telephone' 972248.3006 Emall Address Jshort@lee-engcom Board. Commission or CommIttee Appointment Desired: SH 26 Advisory Committee Qualifications (list educational background or experience that would assist you in carrying out the duties of this appointment) Fax: 972248.3855 as and MS in Civil Engineering - Texas A&M 4 years Colleyville P&Z. 2 years Colleyville City CouncIl 13 years consultIng expenence providing traffic engineering and transportation planning services Much of this work has been for or involved TxDOT. Professional Engineer - 8 years Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission. or Committee) The design of SH 26 will need to balance between prOVidIng access, limiting openings to Improve traffic !afQty and providing space for landscaping. I believe my professional expenence and my familiarity with TxDOT and the project could help develop a desIgn trlat will meet the competing needs of the many interested parties. I believe thiS project IS a great opportunity to set the tone for Colleyville's primary commercial corridor. I would like to be part of making it a success story for Colleyville I Do you understand that attendance and active support is required for each appointee? I lyes _no SIgnature: Date: Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings This information will become a Public Record. City Secretary P.O. Box 185, COlleyviIJe, Texas 76034, Phone: 817,677.7575 Fax: 817.577.7555 CilY or /~,~ co~. .....i~:,~.. .~~ \ ~ Texa'" DEe 1 8 2001 oMs. c Mrs. ~r. Name: Application for Appointm CITY SECRETARY'S OFFICE Address: /800 /vt " ) I e.v (Last) 8 T: II """.. ... Ii : Lo tJ /J (F irst) C:i . C. V " lie 7" ~ C (MI) 7~o,j> ~ Home Telephone: 811- .l71 -Jrr./? Work Telephone: 817 - if! r- 20/11 Email Address: Lu"'jj ,'7 @ AVe.... u....... Fax: 8 J 1 - 6rb - S 70'1 Board. Commission or Committee Appointment Desired: Hwi' 2' Ctfa ~1.r:"l"" ~, '1~fW\~ Qualifications: (list educational background or experience that would assi~t you in carrying out the duties of this appointment) I+.~L r-,L-ce/ ~~f/ ~. A. b~y~ct. T C . J. Tv.> 0 I >/ J ~ ,-~ ~ .r f....J. ; ~-' T. c. u, ~. f).'c .hc..,vc-t V.T. ))...,.;,.../ Bva.~~ H~l.oL-f+u.v ~w.-ctt.>,d (Pvc-{.e.u.'c>,.JA.,,1 ;....... c.ll'-Jv:l/{. Z7,'"r. Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) ~~V4- c... \ tl '^5 ~ \I"^ ; '^ V(l tv-~l!-..,j-~..... IV. E. T,,-.v...::r~ tt~ ~ LlJu: U~ ( 7 ,v0 H-Q,~ ~ ~J~ ~ eyCA"~ (}.J _ J.uJ v--r.~G..J blAS~ '" l.JJ ~ G ~ c. CoN ~ ~ (1.~ o..:J ..{ '-\.+ '0' c.. ~ { ~ /I e; \I: 1/ {. i Do you understand that attend~e and active support is required for each appointee? I X yes _ no Signature: Date: (~!'1 (0 , Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O, Box 185, Colleyville, Texas 76034, Phone: 817,577,7575 Fax: 817,577,7555 C\lY of 1\~ 1.'....\ -"d DfE~~~\W~~ t DEe 2 I 2001 Il!J eMs. == Mrs. iX Mr Name: Tex,,~ Application for Appoint Taylor Michael "Mik (Last) (First) Address: 5209 Coventry Place. Colleyville. Texas 76034 Home Telephone: 817-267-5407 CITY SECRETARY'S OFFI E A. (MI) Work Telephone: 817-377-9966 (0) 817-366-5557 (M) Email Address: amptech@swbell.net Fax: 817-868-7978 Board. Commission or Committee Appointment Desired: SH-26 Committee Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) Small Business Owner. Dlr Colleyville Tax Increment Reinvestment Zone Board 01-Present. Dir Tarrant County Cnmestoppers Corp 01-Present. Dir NE Tarrant Chamber 91-95 & OO-Present. Colleyville City Councilmember 99-01 Dfr Colleyville Economic Development Corporation 99-01. Dir Colleyville Crime Control District 99-01. member 1991 Bond Committee Streets & Drainage Sub-Committee. Exec Dir H-E-S Economic Development Foundation 89-90, Securities Representative 87-89. Dlr NE Tarrant Arts Council 88-91. Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) ! serve as Transportation Advisor to State Rep Vicki Truitt HD98 on issues that affect NE Tarrant County. nave been Involved in the SH-26 re-construction plan since its inception as her advisor and as a councilmember I have a working,rel~tionship with TXDot and RTC officials and various consulting engineers. My first business was located across from North Hills Mall when the SH-26 was re-constructed and I learned first hand the associated burdens on the small business owner. , Do you understand that attendance and active support is required for each appointee? X yes no Signature: Date: 12-21-01 Once the City Cou cil has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577,7575 Fax: 817,577.7555 CitY of 1,~ .~'~ DEe 2 1 .. oMs. Texa!' Application for Appointm o Mrs. IX Mr. Name: CITY SECRETARY'S OFFICE Address: Archie II (Last) 1111 S. Main Street James W. (First) (MI) Suite 200. Grapevine. TX 76051 Home Telephone: 972-404-0033 Work Telephone: 817-488-4200 ext. 105 EmailAddress: jwarchie(arealtycapita1.com Fax: 817-424-2448 Board. Commission or Committee Appointment Desired: SH 26 Advison.' Commi ttee Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) 4 1 17 y~ars real estate development experience Projects in Collevville include: The Villaqe at Colleyville, Colleyville Sauare. Tivoli. Hall-Johnson extension West of SH26 Princeton University -A.B. Economics T.~2c1~rship Colleyville Graduate Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) n\lr fi rrn is a major property owner along SH 26 that wants to pnsure that the SH 26 improvements enhance property values In rnllpyville. both alonq SH 26 and throughout the City. I ~rin prnvic1p planning experience from a commercial development hrir-kCJrnllnr'l Do you understand that attendance and active support is required for each appointee? -X..... yes no Signature: Date: /1-;20- 01 Once the City;CouncU filled a position, your application will be removed from the file and you must reapply-fur future openings. This information will become a Public Record. City Secretary P.O, Box 185, Col/eyville, Texas 76034. Phone: 817,577.7575 Fax: 817.577.7555 I. V"" = Ms = Mrs. ~ Mr Name Y()VNtq , , (Last) / Aderess Bt/o3 JeffEf:-?CN Uf2uL. / Home Telephone ~/7- QQ'8 . '21JJJ Work Telephone vt7Z - QZ1- 3t.J4'3 Emal! Aeoress. CW DUn ~ aith, . ~ ell,.. (JI /~,. ~ . \ '0~~'- ~\ _ ..........-:: lC"xaS Application for Appoint DEe 2 1 tOOl ITV SECRETARY'S OFFICE UJkns (FIrst) UUE::.YV/t,l--f w. (MI. Fax q 72.. q 21. 64'1 J Boare CommISSion or Committee ApPointment Desiree ~H UJ; .Aid VJ60ry ~J m::C . I I I i I r I ,- 56 I" Auinr';t-7J4;. CALIF. Pt,'L-nu./WJL. &rMr UN/v. - ~M /..IllS ()bY.:fp, q I ! - fCb/~TtM.D .4utnru.r - T~ i- CAi-IF I '''' 23 y""s. e)<~It:.f.14:. In k~qN ~ /1~01.~t cf tJ. /.cJI..d OtV€wI>.I1f:.-.rr Pi.A1JA.:J/f& r ~_ ~ UI?&+N DfS)ty.J nll.-f . I - f3:xr1'I.ii.NI.t vJet<.t:.I,\Jb wi CIVil. bJ/:;JNfiF.6 ~ 7XDOT 0" AE~TI1!o"TIL I~ "' ~o ~5r.1 Oua:rflcallons (list educatIonal oacKground cr experience tnat would.asslst YOL' In carryln~ out the autles of thIS appointment) Reasc~s tor Serving (state brIeflY tne contrioutlons you can make to thls apPointment 2~C YOL.:.' reasons to. wantIng to serve on the Board. Commrsslon or Committee) / ":,[f-'I'/J- 1f'J."Tt1'E ~y 2.0 ~crL [::eJt;.AJ T~~ N~e I ~ ~y Or TJtf l/'1f/)k7>W1 , VhIJC5 vii IODJ17F/t:P w[i?[ fUl.A:1'CO Tb 17te CbJ~7f4Jt..11rr.J OI\J[)e~ 7l1e C4N~{,. C~ TXiJor / Fa 1-- ;-"{M rtEl-P cAL-lt:"V':l~.t: ktH-IIEV~ 1Jtt: Be67 Ptj~/&c ;LiS!),1 FtP 7tti UiY bY lI'Sll\Jb,yy e:.xf't::'...:oJt.8 IN O'6W'5SION~ u/ 7Xocr ~ 1HC1~ DESJ6tJ t.PNG()~T5. (" N , p). CD you uneerstand tnat attendance and active support IS requIred for each appoIntee? .K yes _ no -, SJgnature Date 2/ Dee, 0/ Once the City Council has fill a sltlon. your application will be removed from the file ana you must reapply for future openings This information will become a Public ReCOrd. City Secretary P.O. Sox 186, COlJeyville, Texe578034, Phone: 817.Sn.7676 Fax: 817.577,7555 city of n ~~_.. j CITY SECRETARY'S OFF:CE Texas I NAME j) ) A7e ~ ADDRESS APPLICATION FOR APPOINTMENT DATE /) J2~/Oj ~oo ~ GJ/~ 6/v) HOME TE~7~O~~ S'. ,. '-I C i WORK;,?, -, _ 6 S. ,_ :;'.J 2.2. E-MAIL ADDRESS y'? - , . " FAX c; ) _ / _ '_ _ 5:/ " I '-- Or I.S <. -.: 1/ @ lei"" I [' ';f~ C -'I y c .n -e r- 0 / to ~ f: -l "- APPOINTMENT DESIRED (list Board, Commission or Committee for which you wish to be considered) \' -+- f / I}II' , '- I ~ /"1. C 17 VJ 7 16 IL) l/'J;:)' '"1 C,.,.., rn / I.;~ c. I QUALIFICATIONS (list educational background or eXperience that would assist you in carrying out the duties of this I apPointment) I /7 / )'/ II "'/' / {'-. 7 r / / '7':::: - /?"'H~ ~ /~v.5/h~.::,..:,- (::L,v'/l ~,- ~'7 L...: ~7 v: '~ /.J.., ru ~ 7')/. I '; " , - ~, '" Sui 11 ,/, <" C i ~ -'tAil ,. h._ ,.1 " ,< G ~ ~.. II c <, /5':7 ~ I I REASONS FOR SERVING (State briefly the contributions you can make to this appointment and your reasons for I wanting to serve on the Board, Commission, or Committee) - / : I " 1 - I - I' .Af - _ ~ L' / / . .J-/ , _ / + F -.,-.-...-....... L...r'-<:. ~ ~ ~ -~-\. ^<...~~"'- ~ /Z~ V<-~ t.v""V"'-L. ~_-u.:. ~<'f '~--; ,,~ " ."'-~~ '1 ~ ~. J~.{ '."" jJ~/v-A A~ c~l-~ ~~ L- ~.. ;)1.. '-'-~ ." "~'; ~ G ,~~ c..- -u.. ,~ '1- (~ u.-J J M-L J.J!,p ? -lei..' -!- . ~~,~ ~. Do you understand that attendance and active support is required for each appointee? ~es 0 No SIGNED /), ~ f~~ Once the City Council has filled a position, your application will be removed from the file and ou must rea I for future 0 enin s. P. 0 Box 185 COlleyville, Texas 76034 817/577-7575 FAX 817/577-7555 City of Texas CITY SECRETARY'S OFFICE NAM~fF Q1~I7N I ADDRESS IJ'A I '11?1 Ll . .A' ! U--)Cf1 V1~/l)b ,J.4U ._----~ .~--- - -------- HOME TELEPHONE ':>] ~ "7 C D 7 -~J-Z[)'S2- E-MAIL ADDRESS. e.sdaM qq{t' . COry, I FAX ZI'j-J5/.B/13C}2. APPOINTMENT DESIRED (list Board. Commission or Committee for which you wish to be consIdered) !;H ~ AdV)60'!j UnmJ/tee- QUALlFICA nONS (list educational background or experience that would assist you in carrying out the duties of this appointment) · r/ltYj - ~>lk-1?JreSt- Uni'l~J!j) 'C1~Jf - ~~g In f0~ t-mDlfkm~ · &2?t - J~)/as OndrirJ ~mvw""~\ll'fjZ- .fVJ2nt-l! Pl8J,or ) ca" laud€.. · CDrFfJr8te. posrr~ Vliilh r(~'~Jj~ ~ll'" O€6i .. deve~mtnt &nevJJ o-n:duas nJ::':VViae5 )rn<;Y)~~T . r~)bd, REASONS FOR SERVING (State lHiefly the contributions you can make to this appoirnment and your reasons for wantmg to serve on the Boam. CommiSSion. or Committee) · tP~~1 i,1t"'c.E,T; ~ r6ideni-e. ib ck,~ j;, Q1?J.t;. · Cmeur)0 8l::w-t Jsi1'>.~ of S/f 2iJ . . ~ -uw- W'dnf $}I?!, J8!j1flt ~ nii ~ (f1prj rtf/$- EJ/J 1hdrt ~ 0#" f1g -t mer, Do you understand at attendance and active suPPOrt is required for each appointee? APPL'CA TION FOR APPOINTMENT I DATE );"'-Z7-61 I WOR'5z-14_ ..E~- i-t1~f ~Yes ' SIGNED / C/ )nce the City 'ou must re P. O. Box 185 ColleYVille. Texas 76034 817/577-7575 FAX 817/577-7555 eMs. = Mrs. c Mr. City Of /~ , CC~n<6 Texa& Application for Appoi o ~ IG ~ 0 ~ rEJn) IDle 3 1 axn fllJl ~ '}::lZS (Last) {p 0 c; LG;;2J.. L-Af 9:/]-;,fCjfJ'5/71 Work Telephone: 9'72 - 2- 77 - 7561- Email Address: TEE5:(5- AArG:S . c.ol~ Fax: Boa"rd. Commission or Committee Appointment Desired: Name: ~1L- (First) CITY SfCRElARy'S Address: ~I \.... Home Telephone: '172 - .;J. 77 - 7 7 7 ( ,..J"..! ..), {" (;/I]m ITT c~- Qualifications: (list educational background or experience that would ass.ist you in carrying out the duties of this appointment) 13, t F rl/?-f'rf /TEe;" J.I/2c (/97~) Lf ,1 Ok " I . p, J FA.lUII?oA'ze.L tAL ""i?"rl7 <0 (Ii N) /J. ,) Ok. , ',"7C:rI' TE-~7~ it CCNS6 .- /97(r IJ If -. rA (/ej.s() ) ~ / i/?crF"--~t(;.....;/~)L 71-~),(jNr=rzS Li6E..N'6E - jQ7L, IV, v: Reasons for Serving: (state briefly the contributior.s you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) } ' . I -; I. -~ C (i J ........ 4",._- \ ,.J...- V''-C\;...... A I Ji= '- Co \ A ,~ D fl bo L L) }-lt2J.p (.2- L.P>""'>n~ Cb<< e v l-' i L( e ^ r '+. 1 I A\. r. r-):;Z-. l (0"-.: yO, c::,O;\, GL~~~Q \d tmr:..'4\ 0.0 ; Do you understand that attendance and active support is required for each appointee? / yes no ~ Signature/?~~~_,-< Date: ~ i 'O:c c.'1 Once the City Council has fiaed a position, your appiication will be removed from the file and you must reapply for future openings. This information will become a Public Record, City Secretary P.O. Box 185, Colfeyvi//e, Texas 76034, Phone: !17.577.7575 Fax: 817.577.7555 RESOLUTION R-02-1886 A RESOLUTION APPOINTING MEMBERS TO THE SH26 ADVISORY COMMITTEE WHEREAS, the City Council desires to work with property and business owners, representatives of the SH26 (Colleyville Boulevard) Corridor Design Task Force and citizens at-large in an advisory role for the design and construction of planned improvements to SH26; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following persons are hereby appointed to the SH26 Advisory Committee: Sec. 2. THAT Councilman Dana Feldman will serve as the City Council Liaison. AND IT IS SO RESOLVED. APPROVED THIS AYES, NAYS, AND DAY OF ABSTENTIONS. , 2002, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL CilY O{ ((\)~. . - I~i~ II ,.,~ ~, r- , --...-' ., to':l:f. AGENDA BRIEFING For mtg. : I Item #: I 12 Ordinance # : II 0-01-1316 Previous Action: Tabled 12/18/01 DEPT. : 01/08/02 CMO Approval: I I I i I COMMUNITY DEVELOPMENT SUBJECT: Amendments to the Land Development Code regarding Special Use Permit requirements for land uses in the CC2 Shopping Center zoning district requested by the City of Colleyville, Case! Z-01-027 I i Update At the December 18, 2001, meeting, the City Council tabled this item with the intention to conduct an additional public hearing at the January 8, 2002, meeting. The additional public hearing will serve as an opportunity for the property owners and homeowners associations to provide comments on the proposed amendment. Recommendation Approval Attachments · Property Owner Notice · Land Use Table · Proposed Ordinance 0-01-1316 · List of Property Owners Notified · Planning and Zoning Commission Minutes · Proposed Alternate Ordinance 0-01-1316-alt ~clL L -~~ CITY MANAGER ~ ( continued) L '; /- .......\ ~ ~ "...- ,-;/~ ) L..~ ~~. ' , DEPARTMENT HEAD j ; I FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-01-1316 Page 2 Second Reading and Public Hearing U pd ate At the December 4, 2001, meeting, the City Council directed staff to notify all property owners of property zoned CC2 of the proposed changes to the Land Development Code. Staff mailed notices of the proposed change on December 10, 2001. A copy of the notice is attached. A courtesy notice was also sent to the homeowners associations from the list maintained by the Community Development Department. First Reading and Public Hearing Backqround Recently, the City Council expressed interest in reviewing the land uses in the CC2 zoning district, with particular interest in changing some uses to require special use permits. In 1996, the City Council adopted an ordinance that created three new commercial zoning districts: CC1 Village Retail, CC2 Shopping Center and CC3 Highway Commercial. The purpose of the ordinance was to divide the then-existing CC Community Commercial zoning district into different sections to provide more control over the development of commercial property within the city. Until that point, the only retail/commercial zoning district was the CC Community Commercial district. The current commercial zoning categories contain different standards for land uses, lot sizes, building setbacks, and building design requirements. The purpose of this briefing is to explore the differences between the CC1 and CC2 zoning districts as it relates to allowed land uses. Attached is a comprehensive table that shows the uses allowed in both the CC1 and CC2 zoning districts, per the current Land Development Code. The uses that are different between the two districts are highlighted for easy reference. The following symbols are used in the table: . - Use permitted by right S - Use permitted with Special Use Permit (SUP) There are few differences between the CC1 and CC2 zoning districts in the types of uses allowed. Most of the differences between the two districts are found in lot size and building setback requirements. The types of land uses allowed in each category are the same, with the exception of six land uses that are allowed in CC2 that are not allowed in CC1. These uses are: Agenda Briefing Ordinance 0-01-1316 Page 3 · Hotel or Motel . Restaurant with drive-in or drive-thru service . Building materials without outside storage . Veterinarian office with kennels · Food caterer · Motion picture theater There are five other land uses that require a Special Use Permit in the CC2 district that are not allowed in the CC1 zoning district These are: · Airport, heliport or helistop · Automobile sales . Automotive repair & service without outside storage · Gasoline service station · Vehicle sales with outside display The purpose for having several commercial zoning districts is to allow diversity in the types of uses and lot standards, and to apply those zoning districts to appropriate areas within the city. If one district is modified to such an extent that it resembles an already existing zoning district, then the purpose of having the modified zoning district should be questioned. If the changes to the land uses were made in the CC2 district, only substantial differences between the CC1 and CC2 districts would be lot standards, As part of the on-going Land Development Code update process, staff is currently drafting revisions to and reorganizing Chapter 3 of the Land Development Code, This chapter contains the bulk of the zoning provisions for the City, including land uses, lot requirements, parking, and special development requirements. Staff is paying particular attention to the land use tables within this chapter. The 1996 changes to the tables reduced the number of land use categories shown in the table, mostly in part to reduce the bulk of the table and remove redundancies in categories, However, staff has found that classifying new or proposed uses under the current categories requires a complicated evaluation proCess that is prone to error and multiple interpretations. Staff expects to complete the changes to Chapter 3 within the next few months, including an expanded land use table to include commonly used terminology, The Planning and Zoning Commission conducted a public hearing and considered this request at the November 11, 2001, meeting and recommended approval by a 5-1 vote (Gasper opposed). An alternate ordinance has been attached at the request of the City Manager. This alternate ordinance would remove the food caterer from the requirement for a special use permit Property Owner Notice of December 10, 2001 fill' City of " NOTICE OF PUBLIC HEARING DATE OF NOTICE: MONDAY, DECEMBER 10,2001 CASE NUMBER: Z-01-D27 The City Council is considering changes to the CC2 Shopping Center Commercial zoning district. According to the latest City tax rolls, you are the owner of property that is zoned CC2. The CC2 zoning district is a general zoning district oriented towards commercial goods and services as well as offices, entertainment and community facility uses. There are numerous uses allowed in the CC2 district, and a list of the allowed uses is enclosed. The City Council is considering amending the requirements of this zoning district to require a special use permit for the following uses: Hotel or Motel Restaurant with drive-in or drive-thru service Building materials without outside storage Veterinarian office with kennels Food caterer · Motion picture theater The result of the proposed change would mean that for the above-listed land uses to locate on your property, approval of a special use permit by the City Council would be required. The approval process for a special use permit is the same as for a zoning change. and it involves public notification and publiC heanngs before the Planning and Zoning Commission and City Council. The process takes approximately 2% to 3 months to complete. The City Council is interested in your opinions on this matter. and will be holding public hearings as it considers this amendment. The public hearings will be held on Tuesday, December 18, 2001 and Tuesday, January 8, 2002. in the Council Chambers. 5400 Bransford Road, Colleyville, You may also submit written comments to the City Council at the following address. Community Developr;:::nt Department City of Colleyville P.O. Box 185 Colleyville. TX 76034 Sincerely, CITY OF COLLEYVILLE ~ usband. AICP Deve nt Coordinator 817-577-7587 P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7587 List of Property Owners Notified of Public Hearing Eva M. Collins A D Electric Co., Inc. Bobby Joe Pace P,O. Box 206 208 County Road 357 P.O. Box 93 Saltillo, TX 75478 De Leon, TX 764444 Bedford, TX 76095 Raman Chandler First Assembly of God Church Texas Health System P.O. Box 611 4309 Colleyville Blvd. 600 Las Colinas Blvd. E #1550 Colleyville, TX 76034 Colleyville, TX 76034 Irving, TX 75039 The Bryn Mawr Partnership First Assembly of God Chandler Cantrell Property, Inc. 2226 Monument Court P.O. Box 98 P,O. Box 611 Gurnee, IL 60031 Colleyville, TX 76034 Colleyville, TX 76034 Grapevine Colleyville ISD Colland Ltd. Kim Wan Jung 3051 Ira E. Woods Ave. 27259 Lorraine Ave. 4605 Colleyville Blvd. Grapevine, TX 76051 Warren, MI 48093 Colleyville, TX 76034 Landmark Bank Mid Cities Colleyville Development Co. Realty Income Texas Property C/o K-Mart Tax Department P.O. Box 1330 800 W. 1 511l Street P.O. Box 460069 Euless, TX 76039 Piano, TX 75075 Escondido, CA 92046 Smothers Properties, L.C. Wild Pony Colleyville LLC Praedium Centennial Assoc. 7710 Jones Maltsberger, Ste 550 82 W. Armstrong Drive 11 Madison Ave. San Antonio, TX 78216 Mustang, OK 73064 New York, NY 10010 USRP Funding 2001-A LP Albertsons Inc. Village Park SP CTR Prtnshp 12240 Inwood Rd., Ste 300 P.O. Box 20 27259 Lorraine Avenue Dallas, TX 75244 Boise, 10 83726 Warren, MI 48093 Nationsbank of Texas Zell Three Inc. Colleyville Plaza 400 S. Zang Blvd., Ste CIOS 9400 S. Dade1and Blvd., PHI 17400 Dallas Pkwy, STE 216 Dallas, TX 75208 Miami, FL 33156 Dallas, TX 75287 Colleyville Glade Corp. Bud Sellers Shallow Creek Restaurant Inc. 4455 Alpha Rd., Ste 2 7004 Rosebrook 2919 Forest Lane Dallas, TX 75244 Colleyville, TX 76034 Dallas, TX 75234 Patsy R. Smith J. T. Corley Eagle-Colleyville Towne Squar 1903 Central Drive, STE 403 7310 Dominique Drive Tho LincoIn Centre Bedford, TX 76021 Dallas, TX 75214 5420 LBJ FWY, Ste 1280 Dallas, TX 75240 List of Property Owners Notified of Public Hearing City of Colleyville Blue Bonnet Hills Attn: Debbie Lee Munch P.O. Box 11250 New Orleans, LA 70181 Colleyville Square Partners 1111 S. Main Street, STE 200 Grapevine, TX 76051 Hasting Cove Ltd. P.O. Box 5287 Culver City, CA 90231 Colleyville Glade Dorp. 17400 Dallas Parkway, STE 216 Dallas, TX 75287 Robert McKown & J. Gilbert 5905 Cimarron Trail Haltom City, TX 76148 JNS Land Family LID PRTNSHP 6407 Colleyville Blvd., STE B Colleyville, TX 76034 Railhead Partners L TD P.O. Box 1440 Fort Worth, TX 76101 Bradford Commercial Properties 3113 Cedarpoint Drive Grapevine, TX 76051 Mark D. Wilson & John B. Blick 4408 Colleyville Blvd. Colleyville, TX 76034 Barbara Gordon Montessori School 1513 Hall Johnson Road Colleyville, TX 76034 Bobby Moore Family LID PRTN 6113 Colleyville Blvd, Colleyville, TX 76034 PMT Partners IX KID 1585 Kapiolan.i Blvd., STE 1218 Honolulu, HI 96814 Oates Brothers LLC 4903 Sandestin Drive Dallas, TX 75287 WCJ Glade 94, LID Attn: Dou~Jennings 500 W. 13 Street, STE 100 Fort Worth, TX 76102 Cavallino Properties, L TD 4511 Lakeside Drive Colleyville, TX 76034 Charlie & Helen Hall 4200 Glade Road Colleyville, TX 76034 Kindercare Real Estate Corp. 650 NE Holladay ST., STE 1400 Portland, OR 97232 McMahan Real Estate LLC 6105 Tiffany Oaks Lane Arlington, TX 76016 J. T. Corley, Jr. 7310 Dominique Drive Dallas, TX 75214 Emler Swim School, Inc. 2201 Lavern Street Arlington, TX 76013 Colleyville Creme De La Creme 5299 DTC Blvd., STE 360 Greenwood Village, CO 80111 Billy Joe Russell 32669 S. US Highway 281 Hieo, TX 76457 Greenway Glade Partners, LP 2301 Cedar Springs, STE 400 Dallas, TX 75201 Dorcus Newell 4612 Highway 121 Colleyville, TX 76034 Nariseo Limited Partnership 2515 McKinney Ave., STE 1650 Dallas, TX 75201 Gary Mills 305 Augusta Court Southlake, TX 76092 121 Comprades LID 7148 Tokalon Drive Dallas, TX 75214 Case Z-01-o27. According to the last published Ta Records, individuals who own property that is zon CC2 are listed above. I certify that the partJ lI.red abo~ ha~ been notified of the propoa chang.. & date. of the public he.rings. (Notice dated: December 10, 2001) Jan Levy, P Assistant Nettie Marie Bryant 1226 S. Ball Street . Grapevine, TX 76051 Land Use Table S S . I Convenience store with aasoline sales I S S I I Convenience store without oasoline sales -r . ! . i Dav care I day nursery I S I S I I I Drua store T . i . ! Drv cleaners (station only) . . : Florist ShOD . . i Food catering . Funeral home I mortuary S S Furniture store . . Gasoline service station S General office . . General retail sales . . I Golf courses and community buildinos . . i Government buildinas and parks . . : Hardware with outside display . . I Health studios . . : Hotel/Motel . . Indoor amusement S S Interior decorator shoo . . : Jewelrv, camera, music - sales and/or repair . . i Junior and senior colleoes and university S S I Kinderaarten, primary & secondary school (private) S S ! Meat & fish market . . Medical & veterinarv clinic . . i Medical office without clinjc . . Motion picture theater . Music & dance studios . . i Outdoor amusement S S Pet ShOD . . Pharmacy . . I Restaurant with drive-in or drive-thru service . I I Retail Dlumbino, electrical & hardware w/o outside displav . . I Second hand Qoods shop S S Self service laundromat S S Supermarket I orocerv store . . Vehicle sales with outside disDlay S Veterinarian office with kennels . Vocational, technical and trade schools S S Planning and Zoning Commission Minutes PUBLIC HEARING - Amendments to the Land Development Code regarding Special Use Permit requirements for land uses in the CC2 Shopping Center zoning district requested by the City of Colleyville, Case Z-01-027 Chairman Gasper opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Commissioner Wall discussed the issues of vested rights statutes and how uses are exempt under vested rights. Chairman Gasper gave an overview of the discussion from the last Planning and Zoning Commission meeting for the Commissioners who were absent. They discussed the origin of request to amend the zoning district and were told that the request was generated by the City Council. Chairman Gasper said it is to the city's advantage to have uses by right and how she felt that the Special Use Permit requirement could impede future commercial development of Colleyville. The Commission discussed the requirements and how most uses were still by right except for kennels or building materials with outside displays. They discussed the reason there is a perceived need to be more restrictive. Commissioner Wall asked staff if Colleyville was comparable to Southlake, Grapevine, Keller, and North Richland Hills for restrictions in the commercial zoning districts. He wanted to know if Colleyville stuck out as fare as Special Use requirements in other communities. Barry LeBaron responded that there has been a shift in making zoning decisions because of the complexity of the issues. He said citizens are asking for greater control in zoning regulations, and consequently there may be more court cases against cities for being arbitrary. The Commission and staff discussed that there is no statutory language for Special Use Permits and yet it is an accepted practice to list conditional uses. Commissioner Wall said he sees concerns with this ordinance and yet the City Council format is where the public and Council will debate the issues and tax implications. He said he'd rather err on the side of letting the Council making the decision to change the regulations and giving them something to discuss. He said that developers and citizens might come forward in Council meetings. Barry LeBaron told the Commission why staff is recommending approval of the ordinance. He told them staff would be looking at expanding the land use table in the future. Commissioner Wall moved to recommend approval of the ordinance. Commissioner Culley seconded the motion, The vote- being: Ayes: Wall, Culley, Swift, Jones, Sellers Noes: Gasper ORDINANCE 0-01-1316 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, OF THE LAND DEVELOPMENT CODE, AS AMENDED, TO REQUIRE SPECIAL USE PERMITS FOR CERTAIN LAND USES IN THE CC2 SHOPPING CENTER DISTRICT; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission has held a public hearing and forwarded its recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1. THAT Section 3,20 CC2-Shopping Center District and Section 3.24 Schedule of Permitted Uses of the Land Development Code, as amended, is hereby amended to require Special Use Permits in the CC2 Shopping Center Commercial district for the following uses: a, Hotel or Motel b. Restaurant with drive-in or drive-thru service c. Building materials without outside storage d. Veterinarian office with kennels e, Food caterer f. Motion picture theater Sec 2. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. Sec 3. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance 0-01-1316 Page 2 of 2 ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement 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, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec4. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS 50 ORDERED. The first reading and public hearing being conducted on the ,2001. day of The second reading and public hearing being conducted on the ,2001. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED A5 TO FORM AND LEGALiTY: Ross T. Foster City Attorney ORDINANCE 0-01-1316-alt AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, OF THE LAND DEVELOPMENT CODE, AS AMENDED, TO REQUIRE SPECIAL USE PERMITS FOR CERTAIN LAND USES IN THE CC2 SHOPPING CENTER DISTRICT; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission has held a public hearing and forwarded its recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1. THAT Section 3.20 CC2-Shopping Center District and Section 3.24 Schedule of Permitted Uses of the Land Development Code, as amended, is hereby amended to require Special Use Permits in the CC2 Shopping Center Commercial district for the following uses: a. Hotel or Motel b. Restaurant with drive-in or drive-thru service c. Building materials without outside storage d. Veterinarian office with kennels e. Motion picture theater Sec 2. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. Sec 3. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, Ordinance 0-01-1316-alt Page 2 of 2 paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement 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, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec 4. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law, AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,2001, day of The second reading and public hearing being conducted on the ,2001. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney cUy Of Texas PARKS AND RECREATION DEPARTMENT PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, November 5,2001 7:00 p.m, Chairman Rich Hendler called the meeting to order at 7:09 p.m. on Monday, November 5, 2001 at the Parks and Recreation Office, ROLL CALL: Members: Councilwoman Ginny Tigue, Karen Birkes, Tom Cicherski, Chris Foy, Rich Hendler, Bill Mitchell, Roger Nelson, Chuck Thomas ABSENT: Joe Noorlag STAFF: Dianne McWethy, Deputy City Manager, Monica Sue Walsh, Parks and Recreation Manager, and Craig Dishman, Recreation Supervisor and Barbara Werner, Administrative Secretary 1 . Call to Order 2. Approval of the September 10,2001 Minutes Chuck Thomas moved to approve the September 10,2001 Parks and Recreation Advisory Board Minut~ and Tom Cicherski seconded the motion. The vote was unanimous. 3. Introduction of new Park Board member Bill Mitchell Rich Hendler introduced new Park Board member Bill Mitchell. Rich introduced the other members of the board to Bill. 4. Discussion and consideration of proposed donation from Chairman Rich Hendler 5109 Bransford Road P.O. Box 185 Colleyville. T~xas 76034 6S6-PARK Met-ro: (817) 498-4749 Fax: (817)577-1986 Parks and Recreation Advisory Board Meeting November 5., .2001 Page 2 Rich Hendler presented his donation of a bronze plaque recognizing four citizens who were instrumental in all phases of the Kimzey Park Project. The plaque is to be located at Kimzey Park. Roger Nelson motioned that the Parks and Recreation Donation Committee approve the donation from Rich Hendler. Chuck Thomas seconded the motion and the vote was unanimous. Chuck Thomas motioned that the Parks and Recreation Advisory Board approve the donation from Rich Hendler. Tom Cicherski seconded the motion and the vote was unanimous, 5. Recreation, Athletics, Tennis and Seniors' Reports Craig Dishman, Recreation Supervisor provided an overview of the 'current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 6. Park Operations and Capital Improvement Status Reports Monica Sue Walsh, Parks and Recreation Manager presented a status report on current projects. 7. Other Informational Items Monica Sue Walsh announced the retirement of Larry Schaapveld after 30 years of service with the Texas Forest Service. Larry has been instrumental in implementing Tree City USA and Arbor Day events in the city as well as providing guidance in tree selection and education materials. Monica Sue Walsh alscrhanded out Parks and Recreation Board applications to fill the terms ending December 2001. 10. Adjournment Roger Nelson moved to adjourn at 8:30 p.m, and Karen Birkes seconded the motion and the vote was unanimous. Respectfully submitted and approved: ) ( L'i :::::; (1 Of,- ~'-ri \a l.l ~ J'v1-ti.t ) Barbara Werner, Administrative Secretary RESOLUTION R-02-1887 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JANUARY 8, 2002 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 THIS , DAY OF AYES, NAYS, AND ABSTENTIONS. , 2002, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor