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.
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CITY COUNCIL ~. AGENDA BRIEFING
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Item #: I
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01/08/02
CMO Approval: i
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Ordinance # : I.
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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 -
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FINANCIAL REVIEW (IF NECESSARY)
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CITY COUNCIL ~. AGENDA BRIEFING
For mtg. : I
Item #: I
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Ordinance # : I .
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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
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01/08/02
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CMO Approval: i
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PROCLAMATIONS - Eagle Scouts:
John Allen Sullivan, Jr.
Brian Hansen
PRESENTATIONS - Outgoing Parks and Recreation Advisory Board Members:
Rich Hendler
Karen V. Birkes
Roger Nelson
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CITY MANAGER
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FINANCIAL REVIEW (IF NECESSARY)
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CITY OF
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\\'HEREA.S: John Allen Sullivan. Jr.. has earned the Eagle
Scout Award, the highest honor In Scouting. a truly significant
milestone; and
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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.
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IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of
Colleyville. Texas. affixed this 8th day of January 2002.
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\\-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.
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IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of
Colleyville, Texas, affixed this 8th day of January 2002.
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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
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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
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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
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CITY COUNCIL
Cil~' f)(
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----------
.. 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.
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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
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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
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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
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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
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CITY COUNCIL ~. AGENDA BRIEFING
For mtg. : :
Item #: i
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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.
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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
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.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
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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
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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!!,'
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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
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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'. ()!
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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
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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
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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~'...'
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Application for Appoin m
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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
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'r' I ~ ,:., ,~ C ~ ~ \~, '- Sic::\ ~ ~
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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
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(Last) (Frrstj .
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Aaaress
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Work T eJeOhone
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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:
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= ~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 ~
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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
----
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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'
/
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-
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
/~,.
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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
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r
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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
,
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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.:.
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-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.
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) ~ /
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