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HomeMy WebLinkAboutCity Council-Agenda Packets-2/21/2023 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, February 21, 2023 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Annual Colleyville Crime Report WS-2 Discussion of the February 21, 2023, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:00 P.M. CITY COUNCIL CHAMBERS INVOCATION: Nathan Aviles, Bethel Methodist PLEDGE OF ALLEGIANCE: Councilmember George Dodson City Council Agenda February 21, 2023 City of Colleyville Page 2 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4818 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation recognizing Colleyville Heritage and Grapevine High School students for achieving All-State Orchestra, Band, and Choir - Mayor Lindamood 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4819 4a Approval of the minutes of the regular City Council meeting of February 7, 2023 4b Approval of an employment agreement for the City Manager 4c Approval of a Neighborhood Entrance Beautification Program and guidelines allowing the City to enter into Chapter 380 Grant Agreements with qualifying HOAs and property owners to provide 50% matching grants in an amount up to $25,000 for landscape and hardscape improvements to neighborhood entrances 4d Approval of a Purchase and Sale Agreement between the City of Colleyville, as seller, and Woodmont Land Company, as buyer, for the acquisition and development of approximately 5.8856 acres of land located at 4007 Colleyville Boulevard, said land being more particularly described therein, with a purchase price of $3,250,000 payable to the City upon closing; and authorizing the City Manager, or his designee, to negotiate and execute all documents incidental thereto, including all title and closing documents 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - January 2023 6. TABLED ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-23-2233 Request to appeal the decision of the Planning and Zoning Commission for consideration of a zoning change from AG Agricultural and RE Single Family 'Estate' Residential to PUD-R Planned Unit Development - Residential zoning district for Tract 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey, and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900 Pool Road, Case ZC22-036 City Council Agenda February 21, 2023 City of Colleyville Page 3 7. CITIZEN COMMENTS 8. REPORTS Colleyville Center Advisory Committee Minutes - November 21, 2022 Planning and Zoning Commission Minutes - January 9, 2023 Planning and Zoning Commission Worksession Minutes - January 23, 2023 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, FEBRUARY 21, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4820 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, February 17, 2023 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-1 Agenda Date 2/21/2023 Type Worksession Department Police Title Annual Colleyville Crime Report Explanation Police Chief Michael Miller will present the Annual Crime Report. Attachments 1. 2022 Annual Crime Report Annual Crime Report for 2022 Chief Michael C. Miller Colleyville Police Department February 21, 2023 What is Uniform Crime Report (UCR) The objective of the UCR program is to produce reliable crime statistics for law enforcement administration, operation, and management. This is accomplished through the recording and reporting of the eight (8) Crime Index Offenses (Part 1 Offenses): q Murder q Rape q Robbery q Aggravated Assault q Burglary q Theft q Auto Theft q Arson Change in Crime 0% 2022 Annual Crime Report – Part 1 Crimes Crime Trend by Year Review: Transition to NIBRS Crime Reporting Changes Required in 2019 Timeline for NIBRS Implementation •September 1, 2019 •State of Texas goal is for all state agencies to implement an incident based reporting system and begin sending NIBRS data to the state by this date. •December 2019 •Colleyville sent first NIBRS test file and began reporting NIBRS data to State of Texas / FBI for all of 2020. •January 1, 2021 •The Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) program will sunset Summary Reporting System (SRS) and transition to NIBRS only data collection by this date. 2022 NIBRS Report 2022 NIBRS Report 2022 NIBRS Report COLLEYVILLE POLICE DEPARTMENT PATROL ACTIVITY 2022 •Total Calls for Service 49,445 to 39,575 - 20% Decrease •Neighborhood and Business Checks 38,406 to 30,580 - 20% Decrease •Citizen Requested Calls for Service 6,148 to 6,397 - 4% Increase •Traffic Stops 15,155 to 11,737 - 23% Decrease •Arrests 233 to 225 - 3% Decrease •Part 1 Offenses remained the same at 126 •Burglary of Vehicle 20 to 24 - 20% Increase •Home/Bus Burglaries 14 to 10 - 29% Decrease •Crash Reports 120 to 92 –23% Decrease Patrol Activity Arrests Part 1 Burglary of Vehicle Home/Bus Burglaries Crash Reports 0 50 100 150 200 250 233 126 20 14 120 225 126 24 10 92 2021 2022 Total Calls For Service Neighborhood and Business Checks Citizen Requested Calls For Service Traffic Stops 0 10000 20000 30000 40000 50000 60000 49445 38406 6148 15155 39575 30580 6397 11737 2021 2022 COLLEYVILLE POLICE DEPARMENT CRIMINAL INVESTIGATIONS ACTIVITY 2022In 2022, Colleyville Police Department’s Criminal Investigations Division received 824 new case assignments. On average, the investigation’s division were assigned 69 new cases each month. These cases are assigned amongst the 3 detectives assigned to criminal investigations. Annual Clearance Rate •42% Part 1 Clearance •Violent – 100% Clearance •Property – 35% Clearance •53 out of 126 Part 1’s cleared Other points of interest include: •Submitted 2,186 investigative supplements •96.8% three day victim contact •CID participated in the changeover to the new CAD/RMS system. •SIU was involved with numerous task force investigations and operations. •Detective Newman was assigned to the unit. Extra Duties: •Firearms Instructors •SWAT Operator •Child Abduction Response Team •Defensive Tactics Instructors •Citizen and Junior Police Academies •Sex Offender Registration and Management •Lock Box Program •Drug Take Back Program Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec1110588111811171431054423357754 4TWELVE MONTH PART 1 HISTORY Part I Cleared Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec5755799544635579736160796654777789667072647355 612021 – 2022 CASE ASSIGNMENT COMPARISON 2021 2022 COLLEYVILLE POLICE DEPARTMENT 2022 YEAR-END CRASH COMPARISONTraffic Crash Data 25% 16% 59% 2022 Injuries Transported Yes No 20% 17%63% 2021 Injuries Transported Yes No Colleyville Blvd Glade Rd Cheek-Sparger Rd Hall Johnson Rd John McCain Rd 0 20 40 60 49 18 18 13 11 31 10 18 5 8 Top Streets 2021 2022 Fail to Control Speed/Unsafe Speed/Speeding Over Limit FTYROW/Turned When Unsafe Cell Phone Use/Distraction in Vehicle/Driver Inattention Disregard Stop Sign/Light Fail to Drive in Single Lane/Changed Lane When Unsafe Impaired Driving 0 5 10 15 20 25 30 35 40 45 50 55 16 49 6 18 5 11 16 29 9 20 8 4 Factor Comparison 2021 2022 Crash Comparison 2021 2022 Difference Change Colleyville Blvd 49 31 -18 37% Glade Rd 18 10 -8 44% Cheek-Sparger Rd 18 18 0 0% Hall Johnson Rd 13 5 -8 62% John McCain Rd 11 8 -3 27% All Roads 120 92 -28 23% Update on SRO Implementation •We continue to aggressively recruit School Resource Officers and have several internal candidates interested. •We are on track to have SRO’s in every Colleyville school starting next school year. •We are working through the process of reviewing our current MOU with GCISD to identify any updates necessary. •We are working with Keller ISD to establish a new MOU if necessary. •We are monitoring proposed legislation to see if the State of Texas provides any funding for SRO’s that we may be eligible for this session. School Resource Officer Implementation Questions and Discussion? City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-2 Agenda Date 2/21/2023 Type Worksession Department City Secretary Title Discussion of the February 21, 2023, City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 2/21/2023 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Attachments RESOLUTION R-23-4818 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 21, 2023 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 21ST DAY OF FEBRUARY 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 2/21/2023 Type Announcements, Proclamations, and Presentations Department City Secretary Title Proclamation recognizing Colleyville Heritage and Grapevine High School students for achieving All-State Orchestra, Band, and Choir - Mayor Lindamood Attachments RESOLUTION R-23-4819 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 21, 2023 WHEREAS, City Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of February 7, 2023 b. Approval of an employment agreement for the City Manager c.Approval of a Neighborhood Entrance Beautification Program and guidelines allowing the City to enter into Chapter 380 Grant Agreements with qualifying HOAs and property owners to provide 50% matching grants in an amount up to $25,000 for landscape and hardscape improvements to neighborhood entrances d. Approval of a Purchase and Sale Agreement between the City of Colleyville, as seller, and Woodmont Land Company, as buyer, for the acquisition and development of approximately 5.8856 acres of land located at 4007 Colleyville Boulevard, said land being more particularly described therein, with a purchase price of $3,250,000 payable to the City upon closing; and authorizing the City Manager, or his designee, to negotiate and execute all documents incidental thereto, including all title and closing documents AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 21ST DAY OF FEBRUARY 2023. Resolution R-23-4819 Page 2 of 2 Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, February 7, 2023 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, February 7, 2023, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Library Director Mary Rodne, members of the Library Board, City Attorney Whitt Wyatt, and City Secretary Christine Loven. Due to audio technology difficulties the meeting restarted at 5:48 p.m. during the delay, all present remained in the room. WS-1 Discussion of the Colleyville Public Library Long-Range Plan 2023-2028 Library Director Mary Rodne gave a brief overview of the history of the Colleyville Library, the previous long range plans, Texas Administrative Code regulations regarding libraries, and introduced the Library Board members in attendance at the meeting. Director Rodne then introduced Aaron Babcock, Hidell and Associates Architects, to present an overview of the updated Plan and noted Mr. Babcock has overseen all of the Library Long Range Plans, and has been instrumental in implementing the plan. Mr. Babcock stated the ten-year plan identifies and reviews community needs regarding Library services and evaluates services and facilities in relation to the community needs, and identifies improvements which will meet those needs. The end result is a working document of goals and objectives which will guide the Library through the next five years and satisfy the Texas State Library mandate of all accredited public libraries having a current Long-Range Plan. In updating the plan, Mr. Babcock noted community factors impacting the Library and an online survey completed by 1,467 participants was analyzed, as well as the current Library collection, peer library analysis, technology, programming, and the facility. He gave an overall review of all findings which noted the Library excels in customer service, circulations, and digital collections. Mr. Babcock stated there are three priorities 1. react to the changing community needs, 2. increase communication regarding Library programs and services, and 3. replace end of life furniture and equipment. City Council Minutes February 7, 2023 City of Colleyville Page 2 There was general discussion regarding the collection offered by the Library and accessibility, and the success of the Library. Director Rodne stated the Plan will be brought forward for City Council approval at a later date. WS-2 Discussion of 2023 Stars & Guitars Entertainers Assistant City Manager Adrienne Lothery stated staff is seeking City Council direction in regard to selecting a 2023 entertainer for the City’s Stars & Guitars even to be held June 23. Manager Lothery noted some of the previous entertainers which were being considered were no longer available Following discussion regarding costs and availability, the City Council directed staff to pursue a contract with Darryl Worley. WS-3 Discussion of the February 7, 2023, City Council regular agenda items Mayor Lindamood stated at the request of the developer, item 5a, Ordinance O- 23-2233, The Bluffs will be tabled. Mayor Lindamood adjourned the Worksession at 6:14 p.m. and called Executive Session to order. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Lindamood adjourned Executive Session at 6:57 p.m. City Council Minutes February 7, 2023 City of Colleyville Page 3 Mayor Lindamood called the regular meeting of the City Council to order at 7:07 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and Callie Rigney. INVOCATION: Jeff Strickland, Journey Church PLEDGE OF ALLEGIANCE: Councilmember George Dodson 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4812 This resolution was not needed. Mayor Lindamood announced item 5a, Ordinance O-23-2233, will be tabled at the request of the developer. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Lindamood and the City Council made announcements regarding City and community events. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23- 4813 4a Approval of the minutes of the Special City Council meeting of January 5, 2023 4b Approval of the minutes of the regular City Council meeting of January 17, 2023 Mayor Lindamood read Resolution R-23-4813 in its entirety. There was no discussion and Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Councilmember Dodson made a motion to approve Resolution R-23-4813, seconded by Councilmember Elder. The motion to approve passed by the following vote: City Council Minutes February 7, 2023 City of Colleyville Page 4 Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-23-2233 Request to appeal the decision of the Planning and Zoning Commission for consideration of a Zoning Change from AG Agricultural and RE Single Family 'Estate' Residential to PUD-R Planned Unit Development - Residential zoning district for Tract 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey, and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900 Pool Road, Case ZC22-036 Mayor Pro Tem Wheat made a motion to table Ordinance O-23-2233, seconded by Mayor Lindamood. The motion to table passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 6. TABLED ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-22-2211 Consideration of a zoning change from AG Agricultural and RE Single Family 'Estate' Residential to PUD-R Planned Unit Development- Residential zoning district for Tract 1B, Abstract 1487, O C Sturm Survey, Tracts 2A01, 2A01B, 2A07A, and 2A07A1, Abstract 1748, James E. Weathers Survey, Lots 1 and 1A, Block 1, K Bar G Estates Addition, Lot 1A, Block 1, Westcoat Estates, and Lots 1A2, 1B, and 1C, Block 1, Hilley Addition, located at 6401, 6405, 6409, 6417, 6501, 6507, and 6605 Westcoat Drive, Case ZC22-020 Councilmember Dodson made a motion to remove Ordinance O-22-2211 from the table, seconded by Councilmember Bond. The motion to remove the ordinance from the table passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Mayor Lindamood read the caption of Ordinance O-22-2211. City Council Minutes February 7, 2023 City of Colleyville Page 5 Mayor Lindamood addressed concerns he has been made aware of regarding a perception of City Council and/or City staff receiving “kick-backs” on this project and the City Manager leading City Council and the developer. Mayor Lindamood asked each member of the City Council to respond publicly to the question with all answering no. The same question was asked of the City Manager regarding himself or any other City employee, to which the response was no. Mayor Lindamood stated for the record, it is the job/duty of the City Manager to work with the public, including developers and the City Council. Community Development Director Ben Bryner presented this item, by reviewing the new plan submitted, explaining the lot details, open space, PUD-R regulations within the ordinance and the exhibits. Mayor Lindamood asked each of the Councilmembers if they had questions or would like to state their planned vote. Councilmembers Callie Rigney and Chuck Kelley stated they did not believe the development is right for Colleyville, Councilmembers Elder and Bond both noted they have concerns regarding the amount of opposition, Councilmember Dodson stated the developer has done a lot of work and he will vote yes, Mayor Pro Tem Wheat stated she is undecided, and Mayor Lindamood stated he has concerns regarding the traffic flow. Mayor Lindamood called on developer Eason Maykus to provide a presentation. Mr. Maykus asked if he could provide time to Mrs. Garrison, the property owner. Mayor Lindamood and the Council agreed. Julianna Garrison, the property owner at 6401 Westcoat Drive, spoke regarding the philanthropic work her and her late husband Daniel created and participated in, and the philanthropy which she continues. Mrs. Garrison discussed their vision for the City and their place in it and stated she felt her husband would support this development. Mrs. Garrison then provided 64 letters of support for the project. Mr. Maykus reviewed the plan for Greystone Manor, noting lot sizes were prioritized, a 50 foot buffer was added, and the number of homes have been reduced to 45 from the original 55 planned. Mr. Maykus stated the homes to be built within the development will be of superior quality and will be in place for decades and he hopes the City Council will approve the development. Mayor Lindamood opened the public hearing. The following did not wish to speak but record support: Chris Cantarella, 6600 Pleasant Run Road, Larry Well, 6401 Westcoat. Jason Aguirre, 2402 Wilkes, did not wish to speak but record opposition. Richard Remley, 6803 Fallbrook Court spoke in support. City Council Minutes February 7, 2023 City of Colleyville Page 6 The following spoke in opposition: Christina Bealmear, 300 Stonington Lane, Matthew and Lesley Jones, 512 Harmony Lane, Harold Ledbetter, 6700 Pleasant Run Road, Dee Kelley, 705 Hillside, John Bateson, 209 White Drive, Kathy Hadley, 204 timberline Drive N., Frank and Natalie Genco, 1104 John McCain Road, Heidi Hughes, 411 McDonwell School Road, Diane Brundage, 6508 Westcoat Drive, Igor Motkin, 209 Stonington Lane, Kelly Miller, 6820 Fallbrook Court, Eric Larsen on behalf of step-father Jeff Brundage, residing at 6508 Westcoat, and Larry Williamson, 709 Thomas Street. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Rigney made a motion to deny without prejudice Ordinance O-22-2211, seconded by Councilmember Bond. The motion to deny without prejudice passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Kelley, and Rigney. Nays: 1 – Councilmember Dodson Following the vote, Mr. Maykus asked if he and his team may reach out for direction and guidance. Mayor Lindamood stated yes and advised the without prejudice means the applicant is not subject to the 12-month waiting period. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-23-4814 Consideration of a Minor Plat with a plat waiver for lot width and side yard setbacks for Tract 2EE, Abstract 1248, Thomas J. Polson Survey, located at 400 Black Drive, Case PC22-018 Mayor Lindamood read Resolution R-23-4814 in its entirety. Mayor Lindamood stated he is going to recuse himself because he believes his company may have done the demolition on this property. Mayor Pro Tem Wheat proceeded. Community Development Director Ben Bryner presented this item, a request for a minor plat with a waiver for lot width and side yard setbacks. There was clarification of the flow and collection of water. City Council Minutes February 7, 2023 City of Colleyville Page 7 Mayor Pro Tem Wheat opened and closed the public hearing without anyone wishing to speak. Councilmember Bond made a motion to approve Resolution R-23-4814, seconded by Councilmember Elder. The motion to approve passed by the following vote: Ayes: 6 – Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Abstain: 1 - Mayor Lindamood. Mayor Lindamood returned to preside. 7b Resolution R-23-4815 Consideration of a replat for Lots A1R-1R1 and A1R-1R2, Block 2, Pleasant Oaks Estates Addition, being Lot A1R-1R, Block 2, Pleasant Oaks Estates Addition, located at 600 Leta Lane, Case PC22-021 Mayor Lindamood read Resolution R-23-4815 in its entirety. Community Development Director Ben Bryner presented this item, a request for a replat to create two platted single-family residential lots from one lot and for one lot to remain as open space. There was discussion of the original plat and the size of the lots requested to be platted. Mayor Lindamood opened the public hearing. Luke Iler, the builder for the applicant advised the City Council he is working with the residents and originally they wanted to build a much larger house and now have changed to wanting a smaller house which will meet the square footage requirements. They are planning on keeping the acre, but not building on it. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Mayor Lindamood made a motion to approve Resolution R-23-4815, seconded by Councilmember Elder. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. City Council Minutes February 7, 2023 City of Colleyville Page 8 7c Resolution R-23-4816 Consideration of a replat for Lot 3R, Block 1, Colleyville Estates, being Lot 3 E1/2 LT 2, Block 1, Colleyville Estates, located at 504 Colleyville Terrace, Case PC22-022 Mayor Lindamood read Resolution R-23-4816 in its entirety. Community Development Director Ben Bryner presented this item, a replat request in order to allow the construction of an accessory building. There was discussion of regarding the zoning and the zoning within the neighborhood. Mayor Lindamood opened the public hearing. Dee Kelley, 705 Hillside, spoke regarding the request, asking the Council insist on R-20 zoning. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Applicant James Stevens, 504 Colleyville Terrance, was present to answer questions of the City Council. Mayor Lindamood asked the City Attorney if the Council approves the resolution, can they still ask Mr. Stevens to rezone to R-20. City Attorney Wyatt stated approval of the resolution will not interfere with the applicant seeking the R-20, however, the City cannot force the R-20 zoning. James Stevens, Texas Surveying, 104 South Walnut Street, Weatherford, representing the applicant, stated the request for the R-20 zoning was suggested for the property owner, however, they declined. Mr. Stevens noted if it was easy and without cost, they would probably consider the rezoning. Mayor Pro Tem Wheat made a motion to approve Resolution R-23-4816, seconded by Councilmember Rigney. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 8. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive N., spoke regarding crediting older residents for keeping Colleyville Beautiful and discussed a challenge with her mother. City Council Minutes February 7, 2023 City of Colleyville Page 9 Ben Graves, 3304 St. Albans Court, announced his candidacy for City Council. Harold Ledbetter, 6700 Pleasant Run Road, stated he appreciated the City Council and is well aware it is not an easy job. Tammy Nakamura, 1105 Tinker Road, thanked the City Council for their work. Mayor Lindamood wished Mrs. Nakamura a happy birthday. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, FEBRUARY 7, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4817 This resolution was not need. 10. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 9:49 p.m. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 21ST DAY OF FEBRUARY 2023. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Date 2/21/2023 Number Resolution R-23-4819 Agenda Number 4b Type Resolution Department City Council Title Approval of an employment agreement for the City Manager Explanation Reading and Public Hearing Mayor Lindamood will present this item. Financial Impact All employment compensation is provided for in the FY2023 approved budget. Recommendation Approve Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 2/21/2023 Number Resolution R-23-4819 Type Resolution Department City Manager Title Approval of a Neighborhood Entrance Beautification Program and guidelines allowing the City to enter into Chapter 380 Grant Agreements with qualifying HOAs and property owners to provide 50% matching grants in an amount up to $25,000 for landscape and hardscape improvements to neighborhood entrances Strategic Plan Explanation Reading and Public Hearing This item is for the approval of a new Neighborhood Entrance Beautification Program. The City desires to partner with HOAs and neighborhoods throughout Colleyville in its effort to beautify the entire City. The City will provide a matching grant up to $25,000 to HOAs for improvements to neighborhood entrances through landscape and hardscape. Non-HOA neighborhoods can also participate with a specified property owner and design plan at the entrance to a subdivision. Program Parameters •One-time 50% matching grant up to $25,000. The grant is provided as a reimbursement after proof of project completion and receipts. •Qualifying expenses include: perennial plants/flowers, bushes, trees, masonry walls, water features, lighting/up-lighting, monument signs, rock outcropping, pavers, or statues/art (on a case by case basis). •Improvements must be made to a neighborhood entrance. Funds can be split among multiple entrances up to the $25,000 limit. •HOAs and non-HOA applicants should provide a concept plan including plant material, hardscape elements, irrigation, and cost. Applications should include a maintenance plan. •Water/sewer tap fees will be waived for grant participants if taps are needed as a part of improvements. •Applications are subject to approval by the City Council. Approval should be received prior to work commencing. City Council Agenda Briefing 4c City of Colleyville Page 2 •Complete application and submit to City Manager’s Office (CMO). •Landscape plans will be reviewed and feedback provided by the City’s Beautification Supervisor. •CMO will discuss with City Council in executive session under economic development. •City Council will vote on each application via resolution. Financial Impact Funding will be provided through TIF and the General Capital fund. Recommendation Approve Attachments 1.Neighborhood Entrance Beautification Program Presentation 2.Colleyville Neighborhood Entrance Beautification Program Grant Application Form 3.Colleyville Neighborhood Entrance Beautification Program Grant Agreement Process Neighborhood Entrance Grant Program Goal: –To partner with neighborhoods (HOA and non-HOA) throughout Colleyville in an effort to beautify the entire City –The program will provide grant funding for neighborhood entryway improvements –Funding sources through TIF and General Capital Neighborhood Entrance Grant Program Parameters: –One-time 50% matching grant up to $25,000. –Qualifying expenses include: perennial plants/flowers, bushes, trees, masonry walls, water features, lighting/up-lighting, monument signs, rock outcropping, pavers, or statues/art. –Funds can be split among multiple entrances up to the $25,000 limit. –Applicants should provide a concept plan including plant material, hardscape elements, irrigation, and cost. Applications should include a maintenance plan. –Water/sewer tap fees will be waived for grant participants if taps are needed as a part of improvements. –Applications are subject to approval by the City Council. Approval should be received prior to work commencing. Neighborhood Entrance Grant Program Process: –Complete application and submit to City Manager’s Office (CMO) –Landscape plans will be reviewed and feedback provided by the City’s Beautification Supervisor –CMO will discuss with City Council in executive session under economic development –City Council will vote on each application via resolution NEIGHBORHOOD ENTRANCE BEAUTIFICATION PROGRAM 380 GRANT APPLICATION Email completed application to: Mark Wood, Assistant City Manager, mwood@colleyville.com Applicants must be the owner of the property where the Improvements will be located, or a legal representative of the owner authorized to submit this Application. Improvements must be made to a Neighborhood Entrance, which is defined as property that is not used as a primary residence and is located at the end of a principal entrance street(s) into a subdivision development. Qualifying Improvement expenses include installation and materials costs related to perennial plants/flowers, bushes, trees, masonry walls, water features, lighting/up-lighting, monument signs, rock outcropping, pavers, or statues/art (on a case by case basis). HOA/Neighborhood: _____________________________________________________________________________________________ Address or Legal Description of Property where Improvements will be located: _____________________________________________________________________________________________ Property Owner Name (Legal Name if entity): _____________________________________________________________________________________________ Property Owner’s Address: _____________________________________________________________________________________________ Applicant Name: _____________________________________________________________________________________________ Applicant Address: _____________________________________________________________________________________________ Applicant Contact Phone, email and Fax: _____________________________________________________________________________________________ GRANT REQUEST DETAILS Provide a detailed description of the Neighborhood Entrance in its current state: Please attach photos. _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Provide a detailed list and description of each Improvement to be constructed in the neighborhood entrance: Please attach any and all photos/ drawings/ plans etc. Total Estimated Cost of Improvements: Attach an itemized cost estimate for each Improvement listed above and any invoices, proposals, or supporting documentation Total Amount Requested: ____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ YesNo ______________________________________ ___________________________________________ Applicant Signature: Date: Please refer to program details on city website (Colleyville.com) for more information, terms & conditions Page 1 Neighborhood Entrance Beautification Program 380 Grant Agreement City of Colleyville, Texas COLLEYVILLE NEIGHBORHOOD ENTRANCE BEAUTIFICATION PROGRAM 380 GRANT AGREEMENT This Colleyville Neighborhood Entrance Beautification 380 Program Grant Agreement (“Agreement”) is made by and between the City of Colleyville, Texas (“City”) and [INSERT LEGAL NAME OF APPLICANT] (“Applicant”) (each a “party” and collectively the “parties”), acting by and through their respective authorized officers. RECITALS: WHEREAS, Applicant is the legal owner of property located at [INSERT SPECIFIC ADDRESS FOR IMPROVEMENTS OR LEGAL DESCRIPTION], which is property that is not used as a primary residence and is located at the end of a principal entrance street(s) into a subdivision development (hereinafter defined as the “Existing Premises”); and WHEREAS, the Applicant intends to make certain Improvements to the Existing Premises, said Improvements being more particularly described in Exhibit A attached hereto and incorporated herein (the “Improvements”); and WHEREAS, the Applicant has advised the City that a contributing factor that would induce the Applicant to construct the Improvements would be an agreement by the City to provide a Neighborhood Entrance Beautification Grant to the Applicant to defray a portion of the costs for the Improvements; and WHEREAS, the City is authorized by Chapter 380 of the Texas Local Government Code to provide financial incentives and beautification grants to promote beautification throughout the City; and WHEREAS, the City has determined that making financial incentives and beautification grants to the Applicant in accordance with this Agreement will further the objectives of the City, will benefit the City and the City’s inhabitants. NOW THEREFORE, in consideration of the foregoing, and other consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows. Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Bankruptcy or Insolvency” shall mean the dissolution or termination of the Applicant’s existence, insolvency, employment of receiver for any part of the Applicant’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors or the commencement of any proceedings under Page 2 Neighborhood Entrance Beautification Program 380 Grant Agreement City of Colleyville, Texas any bankruptcy or insolvency laws by or against the Applicant and such proceedings are not dismissed within ninety (90) days after the filing thereof. “Casualty” shall mean the Premises are wholly or partially destroyed by fire, tornado, hurricane, earthquake, flood or similar casualty that renders the Premises unfit for the intended purpose. “City” shall mean the City of Colleyville, Texas. “Commencement of Construction” shall mean that: (i) the plans have been prepared and all approvals thereof required by applicable governmental authorities have been obtained for construction of the Improvements; (ii) all necessary permits for the construction of the Improvements pursuant to the plans therefore have been issued by all the applicable governmental authorities; and (iii) construction of the Improvements has commenced. “Applicant” shall mean [INSERT LEGAL NAME OF APPLICANT HERE]. “Completion of Construction” shall mean that: (i) substantial completion of the Improvements has occurred; and (ii) the City has conducted and completed a final inspection of the Improvements. “Effective Date” shall mean the last date of execution hereof. “Existing Premises” shall mean that portion of property located at [INSERT SPECIFIC ADDRESS FOR IMPROVEMENTS OR LEGAL DESCRIPTION], being more particularly described in Exhibit A. “Expiration Date” shall mean the fifth (5th) anniversary of the Effective Date. “Force Majeure” means any causes beyond the party’s respective control or because of applicable law, including, but not limited to, war, nuclear disaster, labor strikes, acts of God, fire, flood, riot, a government restriction, quarantine, or mandatory closure order enacted in response to a pandemic or other public health crises, or any other circumstance for which a party is not legally responsible or which is not reasonably within its power to control (each a “Force Majeure Event”). Except where expressly provided in otherwise in this Agreement, any party asserting Force Majeure shall give prompt notice to the other parties of the prevention of performance as soon as the asserting party is reasonably aware of such prevention and has the burden of demonstrating (i) how and why their performance was so prevented, (ii) the period of time during which they were so prevented from performing (which under the facts may be equal to, or shorter or longer than, the duration of the Force Majeure Event itself), and (iii) that the party used reasonable efforts to mitigate and/or eliminate such prevention and resumed performance under this Agreement as soon as reasonably practicable. Notwithstanding any other provision of this Agreement, in no event shall the lack of sufficient financial resources be a basis for a claim of Force Majeure. Page 3 Neighborhood Entrance Beautification Program 380 Grant Agreement City of Colleyville, Texas “Improvement Grant” or “Grant” shall mean a beautification reimbursement grant to offset the actual costs incurred and paid by the Applicant for the Improvements to the Existing Premises, to be paid as set forth herein. “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on the Applicant with respect to the Existing Premises or any property or any business owned by the Applicant within the City. “Improvements” shall mean the property enhancements that are proposed to be constructed on the Existing Premises in compliance with all zoning requirements and all other applicable local, state, and federal laws or regulations, said Improvements being more particularly described in Exhibit A. “Payment Request” shall mean a written request from the Applicant to the City for payment of the Grant accompanied by copies of invoices, bills, receipts and such other information, as may reasonably be requested by the City, reflecting the actual costs incurred and paid by the Applicant for the construction and installation of the Improvements as of the date of the applicable Payment Request. “Premises” shall mean the entire premises owned by the Applicant located at [INSERT SPECIFIC ADDRESS OF IMPROVEMENTS OR LEGAL DESCRIPTION], consisting of both the Existing Premises and Improvements. Article II Term The term of this Agreement shall begin on the Effective Date and continue until the Expiration Date, unless sooner terminated as provided herein. Article III Economic Development Grant 3.1 Improvement Grant. Subject to the obligation of the Applicant to repay the Grant pursuant to Section 5.2 herein, and the continued satisfaction of all the terms and conditions of this Agreement by the Applicant during the term of this Agreement, the City agrees to provide the Applicant with an Improvement Grant in an amount not to exceed TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), which shall be payable within thirty (30) days after receipt of an approved Payment Request following the Completion of Construction. 3.2 Current Revenue. The Grant made hereunder shall be paid solely from lawfully available funds. Under no circumstances shall the obligations of the City hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. The Grant shall be paid from funds of the City consistent with Article III, Section 52(a) of the Texas Constitution. Page 4 Neighborhood Entrance Beautification Program 380 Grant Agreement City of Colleyville, Texas Further, the City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by the Applicant. None of the obligations of the City under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. Article IV Conditions to Beautification Grant 4.1 Conditions of the Grant. The obligation of the City to pay the Grant shall be conditioned upon the compliance and satisfaction by the Applicant of the terms and conditions of this Agreement and each of the following conditions contained in this Article IV. The following conditions shall remain in effect throughout the entire term of this Agreement following the Effective Date and continuing thereafter until the Expiration Date. (a) Permit Application: Applicant must obtain all applicable City permits prior to commencement of the Improvements. (b) Submission of a Final Concept Plan: Prior to issuance of any permits, Applicant shall provide to City a final concept plan depicting the final proposed Improvements (including the height and dimensions of any proposed monument signs); (c) Submission of Final Landscape Plan: Prior to any issuance of any permits Applicant shall provide to City a final landscape plan depicting the final proposed landscape and design which shall be in conformance with the terms of this Agreement and further described in Exhibit A. Additionally, Applicant must maintain the Improvements at its own expense for a period of five (5) consecutive years in conformance with the City’s Ordinances and applicable HOA rules and regulations. (d) Completion of Improvements; Required Use. Applicant shall cause Completion of Improvements in conformance with the terms of this Agreement and in accordance with the timeline, except in connection with and to the extent of an event of Force Majeure. (e) Good Standing. The Applicant shall not have an uncured breach or default of this Agreement during the term hereof. (f) Continuous Occupancy. During the term of this Agreement Improvements may not be demolished, removed, or substantially altered during the term of this Agreement, except with prior, express written permission of the City. (g) Payment Request. The Applicant shall, as a condition precedent to the payment of the Grant, provide the City with a completed Payment Request. (h) Landscape Improvements. The Applicant shall continuously maintain and replace (as necessary) any and all landscaping installed in connection with the Improvements at its own expense. The Applicant’s obligation under this section Page 5 Neighborhood Entrance Beautification Program 380 Grant Agreement City of Colleyville, Texas 4.1(e) shall remain in effect throughout the entire term during the term of this Agreement. Article V Termination; Repayment 5.1 Termination. This Agreement shall terminate upon any one of the following: (a) by written agreement of the parties; (b) Expiration Date; (c) upon written notice by either party in the event the other party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof in accordance with this Agreement; (d) upon written notice by the City, if the Applicant suffers an event of Bankruptcy or Insolvency; (e) upon written notice by the City, if any Impositions owed to the City or the State of Texas by the Applicant shall become delinquent (provided, however, the Applicant retains the right to timely and properly protest and contest any such Impositions); or (f) upon written notice by either party, if any subsequent federal or state legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. 5.2 Repayment. In the event the Agreement is terminated by the City pursuant to Section 5.1(c), (d), (e), and (f), the Applicant shall immediately repay to the City an amount equal to the total Grant previously paid by the City to the Applicant, plus interest at the rate periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New York money center bank reasonably selected by the City) as its prime or base commercial lending rate, which shall accrue from the date the Grant was initially paid to Applicant. 5.3 Right of Offset. The City may, at its sole option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Applicant, regardless of whether the amount due arises pursuant to the terms of this Agreement, a Related Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. Article VI Miscellaneous 6.1 Binding Agreement; Assignment. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, affiliates, administrators, executors, and permitted assigns Page 6 Neighborhood Entrance Beautification Program 380 Grant Agreement City of Colleyville, Texas of the respective parties. This Agreement may not be assigned by the Applicant without the prior written consent of the City. 6.2 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the parties. 6.3 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. Applicant represents and warrants to the City that the Applicant is a duly formed, validly existing legal entity in good standing under the laws of the State of Texas and is authorized to transact business in the State of Texas. 6.4 All notices required by this Agreement shall be in writing and addressed to the parties at the addresses set forth on the signature page(s) of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All notices shall be delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested, postage prepaid), (c) nationally recognized overnight courier (with all fees prepaid), or (d) email of a PDF document containing the required notice. Such notice or document shall be deemed to be delivered or given, whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United States mail, three (3) business days after being deposited in the United States mail as set forth above, (iii) on the next business day after the day the notice or document is provided to a nationally recognized carrier to be delivered as set forth above, or (iv) if sent by email, the next business day. A confirmation of delivery report which reflects the time that the email was delivered to the recipient’s last notified email address is prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification, indicating that the email has not been delivered to the recipient. 6.5 Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the parties that in any manner relates to the subject matter of this Agreement, except as provided in any exhibits attached hereto. 6.6 Governing Law. This Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said Court. 6.7 Amendment. This Agreement may be amended solely by mutual written agreement of the parties. 6.8 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, Page 7 Neighborhood Entrance Beautification Program 380 Grant Agreement City of Colleyville, Texas invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.9 Recitals. The recitals to this Agreement are incorporated herein. 6.10 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 6.11 Exhibits. Any exhibits to this Agreement are incorporated herein by reference for the purposes wherever reference is made to the same. 6.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 6.13 Employment of Undocumented Workers. During the term of this Agreement the Applicant agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), the Applicant shall repay the amount of the Grant and any other funds received by the Applicant from the City as of the date of such violation within one hundred twenty (120) days after the date the Applicant is notified by the City of such violation, plus interest at the rate of four (4%) compounded annually from the date of violation until paid. The Applicant is not liable for a violation of this section by a subsidiary, affiliate, or franchisee of the Applicant or by a person with whom the Applicant contracts. 6.14 Statutory Verifications. Applicant’s execution of this Agreement shall serve as its verification that: (a) Applicant (i) does not Boycott Israel and agrees that during the term of the Agreement will not Boycott Israel as that term is defined in Texas Government Code Section 808.001, as amended; (ii) does not Boycott Energy Companies and agrees that during the term of this Agreement will not Boycott Energy Companies as that term is defined in Texas Government Code Section 809.001, as amended; and (iii) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as those terms are defined in Texas Government Code Section 2274.001, as amended, and will not discriminate during the term of this Agreement against a firearm entity or firearm trade association; or (b) Applicant is exempt from the forgoing verification because it (i) is a sole proprietor, (ii) a nonprofit entity, (iii) a governmental entity, or (iv) has fewer than ten (10) full time employees. Page 8 Neighborhood Entrance Beautification Program 380 Grant Agreement City of Colleyville, Texas 6.15 Public Information Act Requirements. Applicant acknowledges that any and all records of Applicant, including but not limited to documents which describe, relate to, convey and/or illustrate the obligations, terms and conditions set forth in this Agreement may be subject to the Texas Public Information Act (the “Act”), Texas Government Code Chapter 552, as amended. Applicant agrees to fully and promptly cooperate with the City in responding to requests for information received by the City for the foregoing information pursuant to the Act. In the event Applicant determines that any of its information responsive to a request under the Act is confidential and/or exempt from disclosure to the public under the provisions of the Act, Applicant shall, at its cost, be solely responsible for asserting arguments to the Office of the Attorney General pursuant to §552.305(b) of the Act, and for filing any and all subsequent appeals relating to an opinion of the Texas Attorney General that requires disclosure of Applicant’s confidential information. Notwithstanding the foregoing, Applicant agrees that the City may, but shall be under no obligation to, submit arguments to the Attorney General relating to reasons Applicant’s confidential information is exempt from disclosure to the public under the Act, regardless of whether Applicant has asserted its own arguments to the Attorney General. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS] Page 9 Neighborhood Entrance Beautification Program 380 Grant Agreement City of Colleyville, Texas IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Effective Date. For City: CITY OF COLLEYVILLE, TEXAS By: Jerry Ducay City Manager Date: For Applicant [INSERT APPLICANT NAME] By: Date: Notice Address: City of Colleyville Attn: City Manager 100 Main Street, 3rd Floor City of Colleyville, Texas 76034 E: jducay@colleyville.com ATTEST: By: Christine Loven City Secretary Date: Notice Address: Attn: Exhibit A 380 Economic Development Incentive Agreement City of Colleyville, Texas EXHIBIT A DESCRIPTION OF IMPROVEMENTS Applicant Name: Premises Address: Project Cost: (estimate) Project Timeline: Grant Amount: up to $25,000.00 Grant Type: Qualifying Reimbursement Only Description of Improvements: Applicant shall make the following Improvements in conformance with this Agreement and generally consistent with the final concept and landscaping plans provided to and approved by the City, attached hereto and incorporated herein as Exhibit B. Qualifying Improvement expenses include: installation and materials costs related to perennial plants/flowers, bushes, trees, masonry walls, water features, lighting/up-lighting, monument signs, rock outcropping, pavers, or statues/art: 1. 2. Exhibit B 380 Economic Development Incentive Agreement City of Colleyville, Texas EXHIBIT B FINAL CONCEPT AND LANDSCAPING PLANS [TO BE ATTACHED] City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4d Agenda Date 2/21/2023 Number Resolution R-23-4819 Type Resolution Department City Manager Title Approval of a Purchase and Sale Agreement between the City of Colleyville, as seller, and Woodmont Land Company, as buyer, for the acquisition and development of approximately 5.8856 acres of land located at 4007 Colleyville Boulevard, said land being more particularly described therein, with a purchase price of $3,250,000 payable to the City upon closing; and authorizing the City Manager, or his designee, to negotiate and execute all documents incidental thereto, including all title and closing documents Strategic Plan Explanation Reading and Public Hearing This item is for the approval of a Purchase-Sale Agreement (PSA) with The Woodmont Company for the City-owned six-acre parcel located on the southeast corner of SH26 and Acuff. The Woodmont Company intends to develop the site into retail and restaurant use. The PSA is for a purchase price of $3,250,000. The City purchased the properties for $2,554,000. Once under contract, The Woodmont Company will begin working with the City for entitlement approvals for the property. The transaction will likely close in summer 2023. Financial Impact Proceeds of the sale of $3,250,000 will be deposited to the TIF. Recommendation Approve Attachments 1. Purchase-Sale Agreement Presentation 2. PSA Contract •PSA with The Woodmont Company •Appox. six-acre property at SH26/Acuff •City purchased properties for $2,554,000 in 2021 •PSA is for $3,250,000 •The Woodmont Company plans for retail/restaurant uses •Next step is due diligence including entitlement approvals Purchase-Sale Agreement 1 PURCHASE AND SALE AGREEMENT Subject to the terms and provisions contained herein, THE CITY OF COLLEYVILLE (“Seller”), hereby agrees to sell and convey to WOODMONT LAND COMPANY, a Texas corporation and/or its successors and assigns (“Purchaser”), and Purchaser hereby agrees to buy and pay for that certain parcel of land (the “Land”), located at 4007 Colleyville Blvd., situated in the City/Township of Colleyville, County of Tarrant, State of Texas, and containing approximately 5.8856 acres of land, more or less, said Land being further described and/or identified on Exhibit “A” attached hereto and made a part hereof, together with all and singular any rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, roads, alleys or rights-of- way, and any and all strips or gores, if any, between the Land and abutting or adjacent properties, and the improvements to the Land (the “Improvements”), and any leases associated with the Land (the “Leases”), and any personal property located on the Land (the “Personal Property”), and further including any mineral rights and interests associated with the Land as may be owned by Seller shall be assigned, transferred and conveyed to Purchaser (the “Mineral Rights”), and such Land, rights and appurtenances, Improvements, Leases, Personal Property and Mineral Rights being hereinafter referred to collectively as the “Property”. The correct legal description of the Property shall be determined from the survey provided for below, and such legal description may be substituted as Exhibit “A” hereto and shall be the legal description used in the deed from Seller to Purchaser. This Purchase and Sale Agreement (the “Contract”) is executed effective the “Effective Date” (hereinafter defined in Section 25) upon the following terms and conditions. 1. Purchase Price. The Purchase Price for the Property shall be $3,250,000.00. The Purchase Price shall be payable at Closing (as hereinafter defined), in cash, by cashier’s or certified check, or by wire transfer of immediately available funds, subject to prorations and adjustments as hereinafter set forth. 2. Earnest Money/Independent Contract Consideration. Within seven (7) business days following the Effective Date (as defined in Section 25 hereof) of this Contract, Purchaser shall deposit with Republic Title of Texas, Inc., 201 Main Street, Suite 1400, Fort Worth, TX 76102; Attention: Janet Ceron; Phone: 817-810-1001; Email: jceron@republictitle.com (the "Title Company") as a good faith deposit the sum of $25,000.00 (the “Earnest Money”). If this Contract closes, the Earnest Money shall be applied to the Purchase Price; otherwise, the Earnest Money shall be disposed of as provided for elsewhere in this Contract. Seller hereby authorizes the Title Company, if Purchaser elects, to invest the Earnest Money in such a manner as Purchaser may direct; provided, however, the Title Company shall invest the Earnest Money only in such a manner that will allow the Title Company to be in a position to disburse the Earnest Money as herein provided upon two (2) days’ notice. Any interest or other income accruing on the Earnest Money shall remain the property of Purchaser and shall be disbursed to Purchaser upon request at any time. Notwithstanding anything herein to the contrary, a portion of the Earnest Money in the amount of One Hundred Dollars ($100.00) (the "Independent Consideration") will be non-refundable and will be distributed to Seller in the event of termination of this Contract as full payment and independent consideration for Seller's performance under this Contract and Purchaser’s right to terminate this Contract, which Seller acknowledges is adequate consideration for Seller entering into this Contract. 3. Survey. Within sixty (60) days following the Effective Date, Seller, at Seller’s sole cost and expense, shall cause a current ALTA/ACSM survey including topography (the “Survey”) to be made of the Property, dated subsequent to the date hereof, by a licensed surveyor or registered professional engineer acceptable to Purchaser and the Title Company, and shall furnish Purchaser with three copies and the Title Company with two copies of the field notes and Survey prepared by such surveyor or engineer. If Purchaser has not received the Survey by the expiration of the 60th day following the Effective Date, the Inspection Period as provided in Section 7 shall be extended one day for each day until Purchaser receives the Survey, and Purchaser has ten (10) business days to review the Survey when received and notify Seller of any Survey and/or title objections, to which Seller may respond and cure within fifteen (15) days thereafter, and Purchaser may terminate and receive refund of Earnest Money if Seller does not eliminate such objections, pursuant to the timing and provisions of Paragraph 6 below. The Survey shall be sufficient to permit the Title Company to modify the standard printed exception in its owner’s policy of title insurance pertaining to discrepancies in area or boundary lines, encroachments, overlapping of improvements, or similar matters so as to except only for “shortages in area.” In addition, the Survey shall indicate: 2 a. That the corners of the Property have been properly monumented; b. The perimeter boundaries of the Property; c. The location of all improvements upon or bounding the Property; d. The location of all easements within or traversing the Property, if any, giving recording data where applicable; e. The location of all roadways traversing, adjoining or bounding the Property, giving recording data where applicable; f. That there are no encroachments except as may be specifically shown on the Survey; and g. The number of “net square feet” of land within the Property. As used herein, the term “net square feet” shall mean the total number of square feet of land within the Property, excluding any land lying within any existing or proposed alley, street, roadway, right-of-way, easement, river, creek, lake, waterway, drainage-way, railway, 100-year flood plain, flood prone or special flood hazard area. 4. Title Commitment. Within ten (10) following the Effective Date, Seller, at Seller’s sole cost and expense, shall cause to be furnished to Purchaser a current title commitment for an owner’s title insurance policy (the “Title Commitment”) issued through the Title Company, setting forth the status of title of the Property and all exceptions, including rights-of-way, easements, restrictions, covenants, reservations and other conditions, if any, affecting the Property which would appear in an owner’s title insurance policy if issued, together with true, legible copies of all instruments referred to in the Title Commitment and the tax certificate and Seller’s vesting deed affecting title to the Property. 5. Additional Information. Within five (5) business days following the Effective Date, Seller, at Seller’s sole cost and expense, shall furnish to Purchaser the following: a. Legible, accurate and complete copies of the most recent ad valorem tax statements affecting the Property from all taxing authorities having jurisdiction over the Property; b. Copies of all leases (together with all amendments or modifications thereto), service contracts, warranties or other agreements affecting the Property; c. Any and all documents in Seller’s possession or control that can be obtained without unreasonable cost to Seller related to the Property, including, but not limited to: surveys, engineering or soil studies, soil tests, existing environmental reports or studies, engineering reports, feasibility, demographic or economic studies, aerial photographs, existing topographical maps, surveys, maps, plats, detention requirements, permits, drawings, and documents relating to storm water, detention and drainage of the Property, and copies of all plans and specifications, including site plans for improvements, facilities and utilities to be constructed on the Property; d. All information available to the City Public Works Department related to the location, size and capacity of existing stubbed utilities serving the Property Seller shall, within such five (5) business day period, notify Purchaser in writing of each of the deliverables listed in b. and c. above that are not available to Seller to deliver to Purchaser as required herein. 6. Review of Title and Survey. Purchaser shall have a period (the “Review Period”) ending ninety (90) days after the date on which Purchaser receives the last of (i) the Title Commitment; (ii) true, legible copies of all instruments referred to in the Title Commitment; (iii) the Survey required in Section 3 above; (iv) the Title Commitment updated from the Survey, and (v) the additional information required in Section 5 above, in which to notify Seller of any objections Purchaser has to any matters shown or referred to in the Title Commitment or the Survey. Any exception to which Purchaser does not object shall be considered as a “Permitted Exception”. In the event Purchaser notifies Seller of any unacceptable exceptions or conditions, Seller shall have fifteen (15) days 3 thereafter (the “Seller’s Cure Period”) in which to eliminate or modify such unacceptable exceptions or conditions. In the event Seller is unable to eliminate or modify such unacceptable exceptions or conditions to the satisfaction of Purchaser within Seller’s Cure Period, then in that event Purchaser may terminate this Contract by providing written notice to Seller at any time at or prior to Closing, in which event this Contract shall terminate, and the Earnest Money shall be returned to Purchaser, less and except the Independent Consideration, and the parties hereto shall have no further obligations one to the other. Notwithstanding the foregoing, Seller shall be required to cure all matters reflected in Schedule C of the Title Commitment prior to or at Closing, none of which shall be considered a Permitted Exception. In the event that prior to the Closing an updated Title Commitment is obtained that reveals the existence of any additional or new matters not disclosed in the original Commitment (each, a “New Matter”), then Purchaser may object to any such New Matter by providing notice to Seller after receipt of such updated Commitment, which matters Seller shall cause to be released at or prior to Closing. In the event that Seller declines or fails to commit to cure any New Matter, then Purchaser may terminate the Contract by delivering notice to Seller and the Title Company, whereupon Purchaser shall receive a return of all of the Earnest Money and any additional Earnest Money (save and except the Independent Consideration) and Seller shall, within ten (10) days of Purchaser’s written request along with copies of invoices, reimburse Purchaser for its third party costs incurred by Purchaser in connection with the Contract and thereafter all rights, obligations, and liabilities of the parties under this Contract will cease, terminate and be null and void. 7. Inspection. a. At all times prior to Closing, Purchaser, its agents, representatives and designees (including Purchaser’s prospective tenants, occupants and users of the Property and their agents and representatives) (collectively referred to in this Section 7 as the “Purchaser Parties”) shall, upon reasonable notice to and written consent of Seller (which shall not be unreasonably withheld), have the right to enter the Property to conduct any investigations, soil tests, boring tests, environmental assessments and engineering and feasibility studies, and/or any other surveys or due diligence reports as may deemed necessary or advisable in connection with the purchase or use of the Property; provided, however, Purchaser shall be responsible for any damages to the Property caused by the Purchaser Parties. b. Purchaser shall immediately notify Seller of any and all damages resulting from, arising out of, or caused to, the Property in connection with access or inspection of the Property by any Purchaser Party, including without limitation, damages to any buildings, structures, utilities, fencing, irrigation systems, or landscaping, but only to the extent caused by a Purchaser Party. Purchaser shall be solely responsible for all costs and expenses to restore such damages and shall, upon written request of Seller, cause the repair of all such damages, and repairs and/or replacements to be completed within thirty (30) calendar days, or such longer period as may be mutually agreed upon by the Parties. If Purchaser does not make or perform the required repairs to the Property within the foregoing time period, Seller shall have the right, but not the obligation, to make those repairs, in which event Purchaser shall reimburse Seller the actual third-party, out-of pocket cost thereof within ten (10) business days of Seller’s delivery of a written invoice and verification/backup information evidencing the same. c. If it should be determined by Purchaser, in Purchaser’s sole discretion and judgment, that the Property is not suitable for the purposes for which Purchaser intends to utilize the Property or that Purchaser, with or without cause, for whatever reason (founded or unfounded), or for no reason at all, does not desire to consummate the transaction contemplated by this Contract, then Purchaser shall be entitled to terminate this Contract by giving written notice thereof to Seller or the Title Company at or prior to the expiration of the Inspection Period (as hereinafter defined), whereupon the Earnest Money shall be returned to Purchaser, and thereafter Seller and Purchaser shall have no further obligations or liabilities to each other hereunder. d. For the purpose hereof, the term Inspection Period shall mean that period commencing with the Effective Date and ending ninety (90) days thereafter. FOR THE PURPOSES OF ENTRY AND/OR INSPECTION BY PURCHASER (INCLUDING ANY PURCHASER PARTY) UNDER THIS SECTION 7, PURCHASER EXPRESSLY AGREES THAT THE PROPERTY IS BEING MADE AVAILABLE “AS IS,” “WHERE IS” AND “WITH ALL FAULTS” AND WITH ANY AND ALL LATENT, AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE (INCLUDING, WITHOUT LIMITATION, WARRANTIES WITH RESPECT TO THE USE OR FITNESS FOR A PARTICULAR PURPOSE) MADE BY SELLER WITH RESPECT TO THE SAME. IN ADDITION, PURCHASER HEREBY RELEASES AND HOLDS HARMLESS THE SELLER 4 FROM ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF A PURCHASER PARTY (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE, IN WHOLE OR IN PART, AS A DIRECT RESULT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OF SELLER, AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION, OR BY A CASUALTY EVENT NOT CAUSED BY A PURCHASER PARTY). 8. Approvals. a. Upon the expiration of the Inspection Period, Purchaser shall have one hundred fifty (150) days (the “Approval Period”) to obtain all approvals necessary from state, local and owner’s association (or equivalent) for zoning, site plan, and building permit, in order to construct its commercial retail building(s) on the Property, Purchaser’s receipt of written confirmation from a reputable funding source with terms acceptable to Purchaser that Purchaser has been approved for financing of the Property and for expenses of the business to be located on and about the Property, and/or satisfy all other requirements of Purchaser’s lender’s for actual funding (the “Approvals”). Seller acknowledges and accepts that Purchaser’s lender will not disperse funds to close on the Property until Purchaser has obtained all permits and Approvals to develop the Property. Upon the expiration of the Approvals Period (as may be extended), all of the Earnest Money shall be considered non-refundable to Purchaser (but shall be applicable to the Purchase Price at Closing save and except the Independent Consideration), subject only to Purchaser’s satisfaction of the contingencies set forth in Sections 6 and 8, Seller’s representations and covenants set forth in Sections 10 and 11 being true and correct at Closing, and Seller fulfilling its Closing obligations as specifically provided in Section 13. On or before the expiration of the Approval Period (as may be extended as described below), if Purchaser does not obtain its Approvals, then Purchaser shall have the right to terminate the Contract and the Title Company/escrow agent shall promptly return the Earnest Money, save and except the Independent Consideration (including any additional Earnest Money deposited) to Purchaser and the parties shall owe no further obligations each to the other party. b. So long as Purchaser has made application with the City for the initial approvals related to the Property within the original one hundred fifty (150) day Approval Period, then Purchaser may extend the Approval Period two (2) times for a period of thirty (30) days each, contingent only upon delivery of written notice to Seller of Purchaser’s election thereof prior to the expiration of the then-current Approval Period. c. Seller agrees to cooperate with Purchaser in obtaining (in each instance satisfactory to Purchaser in all respects and subject only to such restrictions or conditions as Purchaser may accept) any and all approvals, licenses and permits as Purchaser may deem necessary or required as determined by Purchaser in its sole discretion; including but not limited to any zoning changes, site development permits or special use permits for the Property, if any, and site plan approval from all applicable governmental or political subdivisions, authorities, agencies or bodies having jurisdiction over the Property or use or development thereof, for the use and development of the Property for Purchaser’s intended purposes. Seller further agrees to attend such hearings and meetings and execute such documents as are reasonably required in connection therewith, including but not limited to any required plat or replat respecting the Property. d. For any reason, should Purchaser not obtain the Approvals at any time during and prior to the expiration of the Approval Period, due to any of the following “events” (so-called herein): (i) an event in which the governmental building closes, (ii) a moratorium on the issuance of building permits by the applicable governmental authority, (iii) a weather-related issue which causes the applicable governmental building to close, (iv) a casualty event which causes the applicable governmental building to close, (v) unanticipated site conditions, (vi) unanticipated governmental delays (such as, but not limited to, city, city council) and/or requirements (vii) an exceptional circumstance which is unforeseeable and not due to any fault of Purchaser, (viii) pandemic/epidemic; (ix) delays due to required HOA approvals, or (x) Seller Delay (as hereinafter defined), then the Approval Period shall be extended one day for each day of delay. Notwithstanding the foregoing provisions of this Section 8(d), the Approval Period shall not be extended due to a Seller Delay unless Purchaser has notified Seller in writing of the Seller Delay no later 5 than five (5) business days from the date upon which Purchaser first becomes aware of the Seller Delay (resulting from Sellers acts or omissions). Seller Delay shall mean any negligent act, delay, neglect, failure or omission of any nature by Seller, its agents, servants, employees, contractors, or subcontractors, or any person, firm, or corporation employed by Seller which delays Purchaser’s submissions for its Approvals or a delay in obtaining its Approvals. 9. Closing Date and Place. The Closing (so called herein) hereunder shall take place at the offices of the Title Company thirty (30) days after the expiration of the Approval Period (as may be extended), or such earlier date as Purchaser may select. If on the scheduled Closing Date, (i) Purchaser has made objections in accordance with Section 6 hereof that have not been cured or waived; (ii) the Title Company has advised that it will not issue the Owner’s Title Insurance Policy in accordance with Section 13(f) below; (iii) Seller is in default of any of its obligations, covenants, representations or warranties set forth in this Contract or (iv) any other conditions or contingencies set forth in this Contract have not been met; then Purchaser may, in its sole discretion, either: (w) waive any defect or requirement and close the transaction herein contemplated; (x) extend (without prejudice to any of Purchaser’s other rights hereunder) the Closing for such reasonable time as may be required for Seller to cure any title defect or other default hereunder, such postponed date shall then become the Closing Date; (y) terminate this Contract in writing and receive refund of the Earnest Money, other than the Independent Consideration; or (z) enforce specific performance hereunder, or seek such other relief as may be provided by law (including suit for damages), or both. 10. Seller’s Representations and Warranties. Seller represents and warrants to Purchaser as follows: a. Seller, at the time of Closing, owns the Property and has the right to convey title, and Seller will convey to Purchaser by special warranty deed good and indefeasible fee simple title to the Property, free and clear of any and all encumbrances and title exceptions other than the Permitted Exceptions. b. There are no adverse parties in possession of the Property or any part thereof and no parties in possession of any portion of the Property as lessees, tenants at sufferance or trespassers; and no party has been granted any license, lease or other right relating to the use or possession of the Property. c. There is no pending or threatened condemnation or similar proceeding affecting the Property or any part thereof, nor is any such proceeding contemplated by any governmental authority. d. No portion of the Property is affected by any special assessments, whether or not constituting a lien thereon, and no such assessments are contemplated by any governmental authority. e. There are no unpaid charges, debts, liabilities, claims or obligations arising from the ownership and/or operation of the Property which could give rise to any mechanic’s or materialmen’s or other statutory lien against the Property, or any part thereof, or for which Purchaser will be responsible. f. The Property has full and free access to and from a public street and Seller has no knowledge of any pending or threatened governmental proceeding or any other act or condition which would limit or result in the termination of such access. g. There is no pending or threatened judicial, administrative or other proceeding which might adversely affect the current zoning classification, nor does Seller know of any fact which would result in a modification or termination of such zoning classification. h. There is no pending or threatened litigation, actions or proceedings against Seller or the Property, including condemnation, which could adversely affect title to the Property or any part thereof or the ability of Seller to perform any of its obligations hereunder or the use of the Property by Purchaser. i. No consent or approval of any person, entity or of any governmental agency or authority is required with respect to the execution and delivery of this Contract by Seller or the consummation by Seller of the transactions contemplated hereby or the performance by Seller of its obligations hereunder. j. Seller has not received notice from any governmental, quasi-governmental agency or property owner association requiring the correction of any condition with respect to the Property, or any part thereof, 6 by reason of a violation of any federal, state, county or city statute, ordinance, code, rule or regulation or stating that any investigation has been commenced or is contemplated regarding any of the foregoing. k. Performance of this Contract will not result in any breach of, or constitute any default under, or result in the imposition of any lien or encumbrance upon the Property under, any agreement or other instrument to which Seller is a party or by which Seller or the Property might be bound. l. There are no attachments, executions, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or pursuant to any other debtor relief laws contemplated or filed by Seller or pending against Seller or the Property. m. There are no contracts or other obligations outstanding, including, but not limited to, for the lease, sale, exchange, or transfer of the Property or any portion thereof, or options to purchase, rights of first refusal or unrecorded easements affecting the Property. n. Seller has full power and authority to enter into this Contract and to perform its obligations under this Contract. The execution, delivery and performance of this Contract and the transactions contemplated hereby have been duly authorized and approved and no other actions or proceedings on its part are necessary to authorize the execution, delivery or performance of this Contract. This Contract constitutes the legal, valid and binding obligations of Seller enforceable in accordance with its terms. o. Seller is not aware of the Property being taxed, for real estate purposes, as agricultural property; nor that the Property is or will be subject to any “rollback” taxes nor any subsequent assessments for prior years due to change in land use or ownership and no part of the Property has been assessed for real estate taxes during the preceding five (5) years (i) by using agricultural use to value the Property or any part thereof; or (ii) by treating the Property or any part thereof as “open-space land devoted to timber production on the basis of its productive capacity or “open-space land devoted to farm or ranch purposes on the basis of its productive capacity”; or (iii) by treating the Property or any part thereof as “land designated for agricultural use”; or (iv) by treating the Property or any part thereof as “qualified open space land”; or (v) by treating the Property or any portion thereof as timber land. If a tax assessment or charge occurs and becomes due as a result of the property changing from public to private ownership, Seller shall be fully responsible for all such taxes, charges or assessments. p. There has been no introduction, spillage, release, discharge or disposal of any pollutant of any kind into or on the surface water, ground water, soil or subsurface of the Property or land adjacent to the Property. q. Seller is not a foreign person as defined in Section 1445 of the Internal Revenue Code of 1986, as the same may have been or may hereafter be amended, or the regulations promulgated thereunder. Purchaser’s obligation to close this Contract shall be contingent on the above representations and warranties also being true and correct on the Closing Date, and Seller shall execute and deliver to Purchaser the Affidavit attached as Exhibit “B” at Closing. Except as specifically or expressly set forth in this Contract to the contrary, all representations, warranties and covenants shall be subject to the AS IS provisions set forth in Exhibit C. 11. Covenants of Seller. Seller covenants and agrees with Purchaser that: a. Seller will not use, occupy or allow the use or occupancy of the Property in any manner which violates any applicable laws, rules and regulations, restrictive covenants and zoning ordinances. b. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation of the Property, or any portion thereof, or any other proceedings arising out of injury or damage to the Property, or any portion thereof, Seller shall notify Purchaser of the pendency of such proceedings. c. Seller will not, without the prior written consent of Purchaser, create, place or permit to be created or placed, or through any act or failure to act, acquiesce in the placing of, or allow to remain, any deed of trust, mortgage, voluntary or involuntary lien, whether statutory, constitutional or contractual (except for mortgages existing at the time of this Contract which will be released at Closing, and the lien for ad valorem 7 taxes on the Property which are not delinquent), security interest, encumbrance or charge, or conditional sale or other title retention document, other than the Permitted Exceptions, and should any of the foregoing become attached hereafter in any manner to any part of the Property without the prior written consent of Purchaser, Seller will cause the same to be immediately discharged and released. d. Seller will not sell, lease, exchange, assign, transfer, convey or otherwise dispose of all or any part of the Property or any interest therein or permit any of the foregoing. e. Seller will advise Purchaser promptly of any litigation, arbitration or administrative hearing concerning or affecting the Property of which Seller has knowledge or notice. f. Seller will obtain all such written consents and approvals as may be required in order to permit Seller to perform Seller’s obligations under this Contract. g. Seller will not allow or permit the introduction, spillage, release, discharge, use, storage or disposal of any pollutant of any kind into or onto the surface water, ground water, soil or subsurface of the Property or land adjacent to the Property. In addition, Seller, at Seller’s sole cost and expense, shall have all existing buildings on the Property demolished and removed, including foundations and all utility connections, and Seller shall also be responsible for removal of all hazardous materials associated with the demolition, including asbestos. Seller shall, at Closing, deliver the Property to Purchaser free from all hazardous materials and/or substances. i. Seller will promptly correct any defect, error or omission which may be discovered in the contents of this Contract and do such further acts as may be necessary, desirable or proper to carry out more effectively the purposes of this Contract. j. Seller will work with Purchaser and its civil engineers to design and create a drainage system for stormwater management that allows runoff directly into the road system and avoids the need for any above- ground pond or underground detention system on site. Seller and Purchaser both acknowledge that above- ground pond or underground detention for runoff may be required. k. Seller represents and warrants to Purchaser that Seller does not own any remainder or adjacent property. l. Seller represents and warrants to Purchaser that there are no property credits to convey to Purchaser for water rights, traffic impact fee credits, utility and related RTC credits, or any other credits associated with the Property. . m. Seller shall deliver such evidence or documents as may be reasonably required by the Purchaser or the Title Company evidencing the status and capacity of Seller and the full right, power and authority of the person or persons who are executing the various documents on behalf of Seller in connection with the sale of the Property and to carry out the Seller’s obligations hereunder. n. Seller shall deliver the Property rough graded, which shall include, but shall not be limited to, Seller bringing the Land to the desired finished grade elevation as reasonably determined by Purchaser and designated in writing to Seller prior to the expiration of the Approval Period, which shall include the shaping, cutting, filling and smoothing of earth to ensure a balanced level base and continuous grade, and shall stub, at Seller’s sole cost and expense, electric, gas, telephone, storm sewer, sanitary sewer, and water to within the Property boundary. In addition, Seller shall deliver the Property free of all hazardous materials, including asbestos. o. Seller shall provide to Purchaser, at no cost or expense to Purchaser, (as well as any administrative revisions if necessary), the Property as a separately platted Lot, as reasonably approved by Purchaser. All covenants made by Seller in this Contract shall have been performed as of the Closing Date. 8 12. Casualty. During the pendency of this Contract, Seller shall insure the Property and remain responsible for the Property. Seller shall promptly provide written notice to Purchaser of any loss, damage, or destruction to the Property or any portion thereof during the pendency of this Contract. In the event of damage by fire or other casualty or a taking by condemnation or similar proceedings or actions of all of the Property, or any portion of the Property which, at Purchaser’s sole discretion, is material to the use of the remainder, Purchaser shall have the option to terminate this Contract upon written notice to Seller, in which event the Earnest Money and all earnings thereon shall be promptly refunded to Purchaser, and neither Purchaser nor Seller shall have any further right or obligation hereunder. Should Purchaser elect not to exercise its option as provided hereunder, then the Contract shall remain in full force and effect and Seller shall assign or pay to Purchaser at Closing Seller’s interest in and to all insurance proceeds, condemnation awards or proceeds from any such proceedings or actions in lieu thereof. 13. Seller’s Obligations at Closing. At the Closing, Seller shall deliver or cause to be delivered to Purchaser, at Seller’s sole cost and expense, each of the following items: a. A special warranty deed duly executed and acknowledged by Seller, conveying to Purchaser good, indefeasible fee simple title in the Property, subject only to the Permitted Exceptions. b. A non-foreign person affidavit sworn to by Seller as required by Section 1445 of the Internal Revenue Code. In the event that (i) Seller fails to deliver the affidavit at Closing; or (ii) Seller delivers the affidavit but Purchaser has actual knowledge that the affidavit is false; or (iii) Purchaser receives notice that the affidavit is false from any agent of Purchaser or Seller, then Purchaser shall be entitled to withhold from the Purchase Price a sum equal to fifteen percent (15%) of the total amount which otherwise would have been realized by Seller from such sale, which sum will be paid by Purchaser to the United States Treasury pursuant to the requirements of Section 1445 of the Internal Revenue Code and the regulations promulgated thereunder. c. An affidavit executed by Seller stating that all representations, warranties and other matters contained in this Contract and the lists, schedules and other documents (including copies of documents) furnished to Purchaser pursuant to this Contract were true, complete and correct when made or furnished and remain true, complete and correct as of the Closing Date, in form as attached hereto and incorporated herein fully by reference. d. An appropriate “Seller’s Affidavit” or other acceptable evidence addressed to the Title Company attesting to the absence of liens, rights of parties in possession and other encumbrances arising under Seller so as to enable Title Company to delete the exceptions for such matters from Purchaser’s owner’s policy of title insurance and otherwise insure any “gap” period occurring between the closing and the recordation of the closing documents. e. A current certificate from the Title Company, reflecting that there are no financing statements (UCC-1s) or other filings (including but not limited to, tax liens, judgments, bankruptcies, litigation, etc.) which affect the Property or any part thereof. f. An Owner’s Policy of Title Insurance (the “Owner’s Policy”) in the amount of the Purchase Price issued by the Title Company on the standard form in use in the State of Texas, including any endorsements required by Purchaser and Purchaser’s lender, on the Policy of a Title Insurance Company satisfactory to Purchaser, insuring good and indefeasible fee simple title to the Property in Purchaser, subject only to the Permitted Exceptions and the standard printed exceptions, except: i.The exception relating to restrictions shall be deleted by the Title Company except for such restrictions as may be included in the Permitted Exceptions; ii.The exception relating to discrepancies, conflicts or shortages in area or boundary lines, or any encroachment or any overlapping of improvements which a survey might show shall be modified to delete such exception except as to “shortages in area”; iii.The exception relating to ad valorem taxes shall except only to standby fees and taxes owing for the current year of closing and subsequent years; and 9 iv.There shall be no exception for “rights of parties in possession.” All exceptions, conditions or requirements described in Schedule C of the Title Commitment which are the obligation of Seller or which are required to be satisfied in order to cause the Owner’s Policy to be issued shall be released or satisfied prior to or at Closing, and such items and requirements shall not constitute Permitted Exceptions (whether or not Purchaser makes any objections thereto) nor be exceptions to the Owner’s Policy to be provided by Seller. g. Such evidence or documents as may be reasonably required by Purchaser or the Title Company evidencing the status and capacity of Seller and the authority of the person or persons who are executing the various documents on behalf of Seller in connection with the sale of the Property. h. If new construction has taken place within the last six months, the following required to be produced: Satisfactory evidence of the payment in full of the cost of furnishing services, labor and materials in connection with any site work and improvements made on the land within six months of the Closing Date. This evidence should consist of sworn contractors' and subcontractors' affidavits, together with all necessary waivers of lien, subject to the satisfaction (and approval of the Title Company, Purchaser’s lender and the Purchaser). Seller agrees to satisfy any obligations required by the Title Company and Purchaser’s lender in order for the Title Company to issue the Owner and Mortgagee Title Insurance Policy(s) insuring against mechanic’s liens so Purchaser’s lender has a valid first lien of coverage upon the Property. i. Seller shall assign to Purchaser all warranties and shall terminate any existing management agreements and/or any rights of possession (including but not limited to options to purchase, leases, rights of first refusals and/or unrecorded easements). NOT APPLICABLE ( ( 14. Purchaser’s Obligations at Closing. At the Closing, Purchaser shall deliver to Seller the following items: a. The Purchase Price in cash, subject to any prorations or other adjustments contained in this Contract; and b. Such evidence or documents as may reasonably be required by Seller or the Title Company evidencing the status and capacity of Purchaser and the authority of the person or persons who are executing the various documents on behalf of Purchaser in connection with the purchase of the Property. 15. Prorations and Costs. Ad valorem taxes for the then current year shall be prorated at the Closing effective as of through the Closing Date. If the Closing shall occur before the tax rate is fixed for the then current year, the proration of taxes shall be based upon taxes for the prior year and adjusted for the year of closing when they become finally determined with such settlement to be made within ten (10) days after the date taxes are finally determined. Purchaser shall be responsible for the settlement or lender costs associated with Purchaser’s financing; any costs relating the deposit of the Earnest Money with the Title Company, Purchaser’s attorney’s fees, and one-half (1/2) of the costs of Closing not specifically allocated hereunder. Seller shall be responsible for any and all taxes related to the Property for years prior to Closing and as of the date of Closing, all taxes due to a change in land usage or ownership, 100% of any and all rollback taxes, special taxes, and sales tax, and Seller shall pay any and all special assessments which may have been or are levied against the Property as of the date of Closing. Seller shall also be responsible for any and all transfer taxes and documentary or deed stamps, if applicable, and/or recording fees payable on account of transfer of title to the Property to Purchaser, costs for 10 preparing and recording the deed, any costs for the clearance of title matters; Seller’s attorney’s fees, and one-half (1/2) of any costs of Closing not specifically allocated hereunder. 16. Brokerage Commission. Purchaser agrees to pay to The Woodmont Company/Grant Gary and Kendall Graff as “Purchaser’s Broker” (collectively, the “Agents” and separately an “Agent”) for negotiating this Contract a commission or consulting fee (as applicable) pursuant to separate agreement. Seller has not used the services of a Seller’s Broker. Such commission to Purchaser’s Broker shall be earned and payable if and only if the Closing is consummated. An Agent or consultant or the Agents may divide its consulting fee or commission with other real estate brokers, or salesmen, but, notwithstanding any such agreement for division of the fee or commission, Purchaser shall be fully protected in paying said commission or consulting fee to the Agents. Purchaser shall have no obligation whatsoever to pay any commission or consulting fee in the transaction contemplated by this Contract if it is not consummated, whether or not as a result of the termination of this Contract by either Seller or Purchaser or as a result of a default by either party. This Contract may be amended at any time and from time to time in any manner whatsoever (including but not limited to modifying the Purchase Price) by Seller and Purchaser, without joinder, approval or consent by the Agents. To the extent allowed by law, Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorney’s fees) paid or incurred by Purchaser by reason of any claim to any broker’s, finder’s or other fee in connection with this transaction by any party claiming by, through or under Seller. Purchaser agrees to indemnify Seller and hold Seller harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorney’s fees) paid or incurred by Seller by reason of any claim to any broker’s, finder’s or other fee in connection with this transaction by any party claiming by, through or under Purchaser, except the claim of Agents to the commission or consulting fee payable by Purchaser as provided above in this Section 16. Purchaser acknowledges that at the time of the execution of this Contract, the Agents have advised Purchaser by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser’s own selection or should be furnished with or obtain a policy of title insurance. The parties further acknowledge (i) that certain shareholders, directors, partners, members and/or officers of Purchaser may be licensed Texas real estate brokers and/or may also be shareholders, directors, partners, members and/or officers of The Woodmont Company, and (ii) that The Woodmont Company, acting as an Agent or consultant, does not constitute a conflict of interest or in any manner infer or require directly or by inference that The Woodmont Company is to act for anyone in this transaction other than Purchaser. 17. Termination by Purchaser. If this Contract is terminated by Purchaser pursuant to any right to terminate provided in this Contract, the Earnest Money shall be immediately returned to Purchaser by the Title Company. 18. Seller’s Default. In the event of Seller’s default hereunder, following expiration of any notice and cure period, Purchaser may, at Purchaser’s option, and as Purchaser’s sole and exclusive remedy, either: (i) terminate this Contract by giving written notice from Purchaser to Seller and the Earnest Money will be immediately returned to Purchaser by the Title Company; (ii) enforce specific performance hereunder and/or seek such other relief as provided by law including suit against Seller for damages, or both. 19. Purchaser’s Default. In the event that Purchaser shall fail to consummate this Contract for any reason, except Seller’s default or the termination of this Contract pursuant to any right of termination given to Purchaser herein, following expiration of any notice and cure period, Seller, as Seller’s sole and exclusive remedy for such default, shall have the right to terminate this Contract by notice to Purchaser and to retain the Earnest Money, it being agreed between Purchaser and Seller that such sum shall be liquidated damages for a default of Purchaser hereunder because of the difficulty, inconvenience, and uncertainty of ascertaining actual damages for such default. 20. Notice. All notices, demands, or other communications of any type (herein collectively referred to as “Notices”) given by Seller to Purchaser or by Purchaser to Seller, whether required by this Contract or in any way related to the transaction contracted for herein, shall be in writing and shall be deemed delivered when actually received, or, if earlier and whether or not actually received, (i) if delivered by courier or in person, when left with any person at the address reflected below, if addressed as set forth below, (ii) if by overnight courier service (such as, by way of example but not limitation, U.S. Express Mail or Federal Express) with instructions for delivery on the next business day, one (1) business day after having been deposited with such courier, addressed as reflected below, and (iii) Electronic mail (“Email”) at the email addresses listed below; and (iv) if delivered by mail, when deposited in a 11 Post Office or other depository under the care or custody of the United States Postal Service, enclosed in a wrapper with proper postage affixed (as a certified or registered item, return receipt requested), addressed as follows: To Purchaser: WOODMONT LAND COMPANY 2100 West 7th Street Fort Worth, Texas 76107 Attention: Stephen Coslik Telephone: (817) 732-4000 Email: scoslik@woodmont.com With Copy To: The Woodmont Company 2100 West 7th Street Fort Worth, Texas 76107 Attn.: Grant Gary Telephone (817) 732-4000 Email: ggary@woodmont.com Attention: Susy Johnson, TBLS-BCP R/E Telephone: (817) 377-7720 Email: sjohnson@woodmont.com Attention: Kendall Graff Telephone (717) 371-7955 Email: kgraff@woodmont.com To Seller: City of Colleyville 100 Main Street Colleyville, Texas 76034 Attention: Jerry Ducay, City Manager Telephone: 817-503-1116 Email: jducay@colleyville.com With copy to: Wyatt Hamilton Findlay, PLLC 923 Roslyn Ct. Denver, Colorado 80230 Attn: Whitt Wyatt, City Attorney Telephone: (972) 762-6418 Email: whitt@whflegal.com 21.Section 6045(c) Compliance. Seller and Purchaser acknowledge and agree that Section 6045© of the Internal Revenue Code may require that notice of the sale and purchase of the Property described in this Contract be provided to the Internal Revenue Service by preparation of and filing with the Internal Revenue Service of Form 1099- B; and further, Seller and Purchaser agree to furnish and provide to the Title Company any and all information that the Title Company may require in order for it to (i) comply with all instructions to Form 1099-B in preparation thereof and (ii) prepare and timely file with the Internal Revenue Service said Form 1099-B with respect to this transaction. By execution of this Contract, the Title Company agrees to provide to Seller and Purchaser, following the Closing, evidence that Form 1099-B was timely filed with the Internal Revenue Service, if such filing is required thereby. 22.Governing Law and Venue. This Contract shall be construed in accordance with the laws of the State of Texas, and any court action arising out of this Contract shall be brought in Tarrant County, Texas. 23.Survival. All covenants, agreements, representations and warranties contained herein shall survive Closing and shall be binding upon the parties hereto and their successors and assigns. 24.Capacity. Except as hereinafter provided, each person executing this Contract hereby represents and warrants that he has the authority to do so and that his signature shall bind the entity for which he signed. Each party hereto 12 shall provide the other party and the Title Company with such documentation as the Title Company or Purchaser’s or Seller’s attorney deems necessary to evidence the authority of that party to perform the actions contemplated herein. 25. Timing. Time is of the essence of this Contract. For purposes hereof, the “Effective Date” of this Contract shall be the date it is deposited with and receipted for by the Title Company. If the date that the performance of any obligations arising hereunder, or the date upon which any notice shall be given, is a Saturday, Sunday or any legal holiday under the laws of the State of Texas, then such date shall be extended to the next business day immediately succeeding such Saturday, Sunday or legal holiday. 26. Attorney’s Fees and Costs. In the event either party hereto files a suit to enforce this Contract or any provisions contained herein, the party prevailing in such action shall be entitled to recover, in addition to all other remedies or damages, its costs, including reasonable attorney’s fees, incurred in such suit. 27. Assignability. This Contract may be assigned by Purchaser to a corporation or other legal entity without the consent of Seller, and upon such assignment Purchaser shall be relieved of all duties and obligations hereunder and Seller shall thereafter look solely to Purchaser’s assignee for the performance of Purchaser’s obligations hereunder. 28. Gender. Where required for proper interpretation, words in the singular shall include the plural and the masculine gender shall include the neuter and the feminine gender and vice versa. 29. Headings. The descriptive headings of the several Sections contained in this Contract are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 30. Complete Agreement. This Contract embodies the complete agreement between the parties hereto and cannot be varied or terminated except by written agreement of the parties. 31. Withdrawal of Offer. Seller must accept this Contract by signing and returning a fully executed copy of the same to Purchaser and to the Title Company within five (5) days from the date of Purchaser’s execution hereof, or this offer may, at Purchaser’s option, be deemed to be withdrawn. 32. Removal from Market. Upon the full execution of this Contract, Seller hereby agrees that it shall neither solicit nor accept offers for the purchase, lease or development of the Property from any parties other than Purchaser or its assigns. 33. Counterparts. This Contract may be executed in multiple counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one (1) such counterpart in proving the existence, validity or content of this Contract. If the signature of Purchaser or Seller on this Contract is not an ink-on- paper original, but is a mechanical or electronic reproduction (such as a pdf or DocuSign), then such reproduction shall be as enforceable, valid and binding as, and the legal equivalent to, an ink-on- paper original. 34. Good Faith and Fair Dealing. The parties agree to deal with each other fairly and in good faith. 35. Accord and Satisfaction. No payment by Purchaser or receipt by Seller of a lesser amount than any payment herein stipulated shall be deemed to be other than on account of the earliest stipulated payment, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and Seller may accept such check or payment without prejudice to Seller’s or Purchaser’s right to recover the balance of such payment or pursue any other remedy provided in this contract, at law or in equity. 36. Patriot Act. Seller (which for this purpose includes its partners, members, principal stockholders and any other constituent entities) (i) has not been designated as a “specifically designated national and blocked person” on the most current list published by the U.S. Treasury Department Office of Foreign Assets Control at its official website, http://www.treas.gov/ofac/t11sdn.pdf or at any replacement website or other replacement official publication of such list; (ii) is currently in compliance with and will at all times during the term of this Contract (including any extension thereof) remain in compliance with the regulations of the Office of Foreign Asset Control of the Department of the Treasury and any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action relating thereto; and (iii) has not used and will not use funds from illegal activities for any payment made under this Contract. 13 37. Construction. Seller and Purchaser acknowledge each to the other that both they and their counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be construed and resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. 38. Posting of Signs. Purchaser shall be entitled to post signs on the Property during the pendency of this Contract; provided, that installation of any and all signs shall be in compliance with applicable law, including the applicable sign regulations in the Colleyville Land Development Code (the “LDC”). Notwithstanding the foregoing, the parties may mutually agree in writing to allow for an administrative variance from the LDC (without City Council approval) for the installation of temporary signage upon the Property prior to Closing. 39. 1031 Exchange. Purchaser understands that Seller may desire to effectuate a tax-deferred, like-kind exchange pursuant to Section 1031 of the Internal Revenue Code, and Purchaser agrees to cooperate with Seller in connection therewith provided that (a) in no event shall Purchaser be required to take title to any property, (b) such exchange shall be accomplished at no cost, liability or expense to Purchaser, (c) Seller hereby agrees to indemnify, defend and hold Purchaser harmless in connection therewith and (d) this Contract is not contingent upon a successful like-kind exchange being effected by Seller pursuant to the applicable provisions of Section 1031 of the Internal Revenue Code. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 14 EXECUTED on this, the _____ day of _______________, 2023, by Purchaser. WOODMONT LAND COMPANY, a Texas corporation By:_______________________________________ Stephen Coslik, President EXECUTED on this, the _____ day of_______________, 2023, by Seller. THE CITY OF COLLVEYVILLE By: ______________________________________ Jerry Ducay, City Manager 15 RECEIPT BY TITLE COMPANY This Contract has been received by the Title Company this, the _____ day of ____________________, 2023. Republic Title of Texas, Inc. By: _____________________________ Name: ___________________________ Title: ____________________________ 16 EXHIBIT “A” PROPERTY DESCRIPTION THIS SITE PLAN IS PRESENTED SOLELY FOR THE PURPOSE OF IDENTIFYING THE APPROXIMATE LOCATION AND SIZE OF THE BUILDINGS PRESENTLY CONTEMPLATED ON THE PROPERTY. BUILDING SIZES, DIMENSIONS, ACCESS AND PARKING AREAS, EXISTING TENANT LOCATIONS AND IDENTITIES ARE SUBJECT TO CHANGE AT THE LANDLORD’S DISCRETION, EXCEPT AS OTHERWISE EXPRESSLY RESTRICTED HEREIN. 17 EXHIBIT “B” AFFIDAVIT OF SELLER STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this date personally appeared ______________________- (principal of Seller), who, after being duly sworn, upon his oath states the following: 1. “My name is __________________________. I am over eighteen (18) years of age and I am fully competent to make this affidavit. I have personal knowledge of the facts stated, and they are true and correct. 2. “I am the ______________________ of ________________________ (“_______”) and I am qualified to enter into transactions and execute documentation on behalf of __________________ 3. “I executed that certain Earnest Money Contract (the “Contract”) on behalf of Seller, THE CITY OF COLLEYVILLE, which Earnest Money Contract was entered into by and between Seller, and Woodmont Land Company, a Texas corporation (“Woodmont”), as purchaser, dated as of __________________, 2023, concerning the sale and purchase of certain property more particularly described therein, consisting of approximately 5.8856 acres of land, more or less, located at 4007 Colleyville Blvd., in the City of Colleyville, Tarrant County, Texas (the “Property”); and 4. Pursuant to Section 10 of the Contract, I represent and warrant to Woodmont and to the Title Company/Escrow Holder, Republic Title of Texas, Inc., on behalf of Seller that, to the best of my knowledge as Seller’s representative, the following is true and correct and swear to the truth and accuracy of the following: a. Seller, at the time of Closing, owns the property and has the right to convey title and Seller will have and will convey to Purchaser by special warranty deed good and indefeasible fee simple title to the Property, free and clear of any and all encumbrances and title exceptions other than the Permitted Exceptions. b. There are no adverse parties in possession of the Property or any part thereof and no parties in possession of any portion of the Property as lessees, tenants at sufferance or trespassers; and no party has been granted any license, lease or other right relating to the use or possession of the Property. c. There is no pending or threatened condemnation or similar proceeding affecting the Property or any part thereof, nor is any such proceeding contemplated by any governmental authority. d. No portion of the Property is affected by any special assessments, whether or not constituting a lien thereon, and no such assessments are contemplated by any governmental authority. e. There are no unpaid charges, debts, liabilities, claims or obligations arising from the ownership and/or operation of the Property which could give rise to any mechanic’s or materialmen’s or other statutory lien against the Property, or any part thereof, or for which Purchaser will be responsible. 18 f. The Property has full and free access to and from a public street and Seller has no knowledge of any pending or threatened governmental proceeding or any other act or condition which would limit or result in the termination of such access. g. There is no pending or threatened judicial, administrative or other proceeding which might adversely affect the current zoning classification, nor does Seller know of any fact which would result in a modification or termination of such zoning classification. h. There is no pending or threatened litigation, actions or proceedings against Seller or the Property which could adversely affect title to the Property or any part thereof or the ability of Seller to perform any of its obligations hereunder or the use of the Property by Purchaser. i. No consent or approval of any person, entity or of any governmental agency or authority is required with respect to the execution and delivery of this Contract by Seller or the consummation by Seller of the transactions contemplated hereby or the performance by Seller of its obligations hereunder. j. Seller has not received notice from any governmental, quasi-governmental agency or property owner association requiring the correction of any condition with respect to the Property, or any part thereof, by reason of a violation of any federal, state, county or city statute, ordinance, code, rule or regulation or stating that any investigation has been commenced or is contemplated regarding any of the foregoing. k. Performance of this Contract will not result in any breach of, or constitute any default under, or result in the imposition of any lien or encumbrance upon the Property under, any agreement or other instrument to which Seller is a party or by which Seller or the Property might be bound. l. There are no attachments, executions, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or pursuant to any other debtor relief laws contemplated or filed by Seller or pending against Seller or the Property. m. There are no contracts or other obligations outstanding, including, but not limited to, for the lease, sale, exchange, or transfer of the Property or any portion thereof, or options to purchase, rights of first refusal or unrecorded easements affecting the Property. n. Seller has full power and authority to enter into this Contract and to perform its obligations under this Contract. The execution, delivery and performance of this Contract and the transactions contemplated hereby have been duly authorized and approved and no other actions or proceedings on its part are necessary to authorize the execution, delivery or performance of this Contract. This Contract constitutes the legal, valid and binding obligations of Seller enforceable in accordance with its terms. o. Seller is not aware of the Property being taxed, for real estate purposes, as agricultural property; nor that the Property is or will be subject to any “rollback” taxes nor any subsequent assessments for prior years due to change in land use or ownership and no part of the Property has been assessed for real estate taxes during the preceding five (5) years (i) by using agricultural use to value the Property or any part thereof; or (ii) by treating the Property or any part thereof as “open-space land devoted to timber production on the basis of its productive capacity or “open-space land devoted to farm or ranch purposes on the basis of its productive capacity”; or (iii) by treating the Property or any part thereof as “land designated for agricultural use”; or (iv) by treating the Property or any part thereof as “qualified open space land”; or (v) by treating the Property or any portion thereof as timber land. 19 p. There has been no introduction, spillage, release, discharge or disposal of any pollutant of any kind into or on the surface water, ground water, soil or subsurface of the Property or land adjacent to the Property. q. Seller is not a foreign person as defined in Section 1445 of the Internal Revenue Code of 1986, as the same may have been or may hereafter be amended, or the regulations promulgated thereunder. AFFIANT: _________________________________ SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this ___ day of _________________, 2023. ____________________________________ Notary Public in and for the State of _____________ My Commission Expires: ______________________ 20 EXHIBIT C EXCEPT AS EXPRESSLY SET FORTH IN THIS CONTRACT (SPECIFICALLY INCLUDING BUT NOT LIMITED TO SELLER’S REPRESENTATIONS AND WARRANTIES) OR THE CLOSING DOCUMENTS, THE PROPERTY IS BEING SOLD IN AN “AS IS, WHERE IS” CONDITION AND “WITH ALL FAULTS” AS OF THE DATE OF THIS CONTRACT AND AS OF THE DATE OF CLOSING. EXCEPT AS EXPRESSLY SET FORTH IN THIS CONTRACT, NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES, EXPRESS OR IMPLIED, HAVE BEEN MADE OR ARE MADE AND NO RESPONSIBILITY HAS BEEN OR IS ASSUMED BY SELLER OR BY ANY OF ITS OFFICIALS OR EMPLOYEES ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER AS TO (I) THE CONDITION OR STATE OF REPAIR OF THE PROPERTY, THE REAL PROPERTY OR THE PERSONAL PROPERTY; (II) THE COMPLIANCE OR NON-COMPLIANCE OF THE PROPERTY WITH ANY APPLICABLE LAWS, REGULATIONS OR ORDINANCES (INCLUDING, WITHOUT LIMITATION, ANY APPLICABLE ZONING, BUILDING OR DEVELOPMENT CODES); (III) THE VALUE, EXPENSE OF OPERATION, OR INCOME POTENTIAL OF THE PROPERTY; (IV) THE CREDIT- WORTHINESS OF ANY VENDOR OR OTHER PERSON OR ENTITY; (V) ANY OTHER FACT OR CONDITION WHICH HAS OR MIGHT AFFECT THE PROPERTY OR THE CONDITION, STATE OF REPAIR, COMPLIANCE, VALUE, EXPENSE OF OPERATION OR INCOME POTENTIAL OF THE PROPERTY OR ANY PORTION THEREOF; (VI) WHETHER THE REAL PROPERTY OR PERSONAL PROPERTY CONTAINS ASBESTOS OR HARMFUL OR TOXIC SUBSTANCES OR ANY OTHER HAZARDOUS MATERIALS OR PERTAINING TO THE EXTENT, LOCATION OR NATURE OF SAME; OR (VII) THE MERCHANTABILITY, HABITABILITY, QUANTITY, QUALITY OF THE PROPERTY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. THE PARTIES AGREE THAT ALL UNDERSTANDINGS AND AGREEMENTS HERETOFORE MADE BETWEEN THEM OR THEIR RESPECTIVE AGENTS OR REPRESENTATIVES ARE MERGED IN THIS CONTRACT, THE EXHIBITS HERETO ANNEXED AND THE CLOSING DOCUMENTS, WHICH ALONE FULLY AND COMPLETELY EXPRESS THEIR AGREEMENT, AND THAT THIS CONTRACT HAS BEEN ENTERED INTO AFTER FULL INVESTIGATION, OR WITH THE PARTIES SATISFIED WITH THE OPPORTUNITY AFFORDED FOR FULL INVESTIGATION, NEITHER PARTY RELYING UPON ANY STATEMENT OR REPRESENTATION BY THE OTHER UNLESS SUCH STATEMENT OR REPRESENTATION IS SPECIFICALLY EMBODIED IN THIS CONTRACT, THE EXHIBITS ANNEXED HERETO OR THE CLOSING DOCUMENTS. TO THE EXTENT THAT SELLER HAS PROVIDED OR WILL PROVIDE TO PURCHASER ANY SURVEYS, TITLE COMMITMENTS, INSPECTION, ENGINEERING, ENVIRONMENTAL REPORTS (INCLUDING REPORTS CONCERNING ASBESTOS OR HARMFUL OR TOXIC SUBSTANCES, OR ANY OTHER MATERIALS, INFORMATION OR DATA IN CONNECTION WITH PURCHASER’S INSPECTION OF THE PROPERTY) OR OTHER MATERIALS, INFORMATION AND/OR DATA, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS, METHODOLOGY OF PREPARATION OR OTHERWISE CONCERNING THE CONTENTS OF SUCH REPORTS, MATERIALS, INFORMATION AND DATA. PURCHASER ACKNOWLEDGES THAT ANY SUCH REPORTS, MATERIALS, INFORMATION AND DATA MADE AVAILABLE TO PURCHASER ARE MADE AVAILABLE AS A CONVENIENCE AND AN ACCOMMODATION ONLY, AND THAT SELLER HAS REQUESTED PURCHASER TO INSPECT FULLY THE PROPERTY AND INVESTIGATE ALL MATTERS RELEVANT THERETO AND TO RELY SOLELY UPON THE RESULTS OF PURCHASER’S OWN INSPECTIONS OR OTHER INFORMATION OBTAINED OR OTHERWISE AVAILABLE TO PURCHASER, RATHER THAN ANY INFORMATION THAT MAY HAVE BEEN OR WILL BE PROVIDED (OR THAT HAVE BEEN OR WILL BE MADE AVAILABLE FOR DOWNLOAD ELECTRONICALLY) BY SELLER TO PURCHASER. EXCEPT FOR THOSE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS CONTRACT AND THE EXHIBITS ANNEXED HERETO OR THE CLOSING DOCUMENTS, PURCHASER WAIVES AND RELEASES SELLER FROM ANY PRESENT OR FUTURE CLAIMS ARISING FROM OR RELATING TO THE CONDITION, OPERATION OR ECONOMIC PERFORMANCE OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE PRESENCE OR ALLEGED PRESENCE OF ASBESTOS OR HARMFUL OR TOXIC SUBSTANCES OR ANY OTHER HAZARDOUS MATERIALS IN, ON, UNDER OR ABOUT THE REAL PROPERTY INCLUDING, WITHOUT LIMITATION, ANY CLAIMS UNDER OR ON ACCOUNT OF (I) THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS THE SAME MAY HAVE BEEN OR MAY BE AMENDED FROM TIME TO TIME, AND SIMILAR STATE STATUTES, AND ANY REGULATIONS PROMULGATED THEREUNDER; (II) ANY OTHER FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, NOW OR HEREAFTER IN EFFECT, THAT DEALS WITH OR OTHERWISE IN ANY MANNER RELATES TO, ENVIRONMENTAL MATTERS OF ANY 21 KIND; OR (III) THE COMMON LAW. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 2/21/2023 Number 5 Type Report Department Finance Title Monthly Financial Report - January 2023 Explanation General Fund Through January, the fund has collected 63% of its budgeted revenues and spent 33% of budgeted expenditures, yielding a year-to-date surplus of $8.16 million. This is a significant increase over last year's surplus, due to the City's elimination of the $1.5 million transfer from the General Fund into the Capital Projects Fund, which typically occurred in December. Property tax receipts are coming in slightly slower than the previous year. However, we are still on track to receive our full budgeted levy. The majority of our revenue tends to hit the City's account early in the year and spending is more evenly spaced out; surpluses are expected for the remainder of FY23. Sales tax revenue The City's third sales tax collection for FY23, representing sales made in December, came in this month and it showed a solid increase of 7.1% over last December. The total year-to-date increase of 4.8% over FY22 represents an additional $128,000 to the City so far this year. With Colleyville's sales tax having grown a total of 25%, or from $8.5 million in 2020 to a record-high $10.29 million in the last year, any flat or increasing sales tax is fantastic for the City and indicates our recent high gains will sustain. To some degree a similar trajectory has been seen across both the State's collections as well as our neighbors. Utility Fund Through the fourth month of the fiscal year, the Utility Fund has collected 31% of its budgeted revenue and spent 25% of its budgeted expenses, which is in the same range as in FY22. Surplus is a little lower this year, led by our interfund transfers which were processed this month. As the summary above shows, the majority of surplus is coming from our relationship with the Trinity River Authority, (TRA), with the City's direct revenues being outpaced by its direct expenses. This is due to our annual interfund administrative services payment to the General Fund being processed in January. As the year progresses, revenue should catch up and pull this deficit into a surplus. It is worth noting, our relationship with the TRA has resulted in a substantial City Council Agenda Briefing 5a City of Colleyville Page 2 surplus. As TRA reached the end of its fiscal year, it underbilled the City in October and November for water used. Their fiscal year reset in December, however, and invoices from TRA should more correctly match amounts used by the City for the rest of the year. Additionally, we can expect our annual "true-up" from the T.R.A. (typically a refund) to come to us in May. The Trinity River Authority is the water/wastewater provider used by Colleyville and several other local cities. Each year, TRA apportions its operating budget among its customer cities based on projected water usage. After the year concludes, TRA "trues up" its actual expenditures with its actual revenues. In the event there is a shortfall, TRA will charge its customer cities an additional amount. If there is a surplus, TRA issues prorated refunds to each customer city. Drainage Fund To date, the Drainage Utility Fund has received 33% of its revenue and spent 29% of its expenditures. This fund's cash flow is slightly lower than the previous year, with a surplus of about $137,000 as opposed to $151,000 last year. The trajectory for the remainder of the year is anticipated to similarly mirror the past two years. Historically, drainage fee revenues tended to average 1.2% higher than the previous fiscal year. However, as the City reaches buildout, these revenues tend to be more stable from year to year. As with our other operating funds, any year-end surplus will be moved for use in the City's Capital Improvement Plan. Hotel Fund COVID-related economic disruptions obviously took a toll on any travel-related revenues in the last few years, but the Hotel Occupancy Tax Fund has kept a strong fund balance. While travel activities are on the rise and revenue in this fund has been making a comeback, this year's first quarter receipts mirror the same period in FY22. Staff had planned on a significant increase in total receipts this year, and so we will need to closely monitor this fund through the remainder of the year. Fund balance as of the end of this quarter is sitting at $115,000, so the fund does have a substantial amount of cushion. Costs funded include personnel related directly to advertising the City as well as Colleyville Center costs and some special events. Debt Service Fund Being predominately funded through property taxes, the Debt Service fund has received the majority of its revenue for the year. Cash flow for this fund is very predictable, as most revenues are recognized in December/January and debt service payments occur twice annually, with lease payments also occurring throughout the year. As of January's figures, the fund is running a surplus of about $358,000. This surplus will decrease significantly in February, as our annual principal payment will be due. It should be noted that our updated property tax forms necessitate a planned spend down of fund balance by $160,000 this year. The City's current outstanding City Council Agenda Briefing 5a City of Colleyville Page 3 bonds are on schedule to be paid off in 2027, and the new 2023 $10 million issue is structured to be callable in 2030. Attachments 1. January 2023 - Monthly Financial Report Presentation 2. January 2023 Monthly Financial Report January 2023 City Council Meeting February 21, 2023 5a Items not for council action General Fund General Fund  FY23 Budget FY23 YTD % of Budget FY22 YTD FY22 % of Budget Revenues $ 26,227,785 $ 16,438,407 63% $ 16,408,108 64% Expenditures $ 25,297,424 $ 8,272,988 33% $ 9,483,321 38%   $ 930,361 $ 8,165,419   $ 6,924,786   *33% of the year is completed MillionsOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ - $ 2 $ 4 $ 6 $ 8 $ 10 $ (2) $ (4) GENERAL FUND CASH FLOW Budget FY23 5 Yr Avg Property Tax Highlight FY23 FY22 $ 13,767,151 $ 14,097,460 $ 2,089,740 $ 1,515,681 Collected to Date Collected Later Sales Tax Highlight City/State ComparisonsFY23 YTD Receipts compared to Previous Years Millions2023 2022 2021 2020 2019 2018 5-Yr Avg $0 $2 $4 $6 $8 $10 $12 Total FY23 Sales Tax Receipts (Comparison) Fiscal Year-to-Date FY Actuals FY Budget ColleyvilleNorth Richland HillsHurstSouthlakeGrapevineKellerBedfordState CollectionsAll Texas CitiesAll DFW Cities0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% City/State Comparisons Sales Tax Highlight Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep $ - $ 200,000 $ 400,000 $ 600,000 $ 800,000 $ 1,000,000 $ 1,200,000 MONTH OVER MONTH COLLECTIONS 2019 2020 2021 2022 2023 Utility Fund Utility Fund  FY23 Budget FY23 YTD % of Budget FY22 YTD FY22 % of Budget Revenues $ 19,832,854 $ 6,055,961 31% $ 5,748,260 33% Expenditures $ 19,832,854 $ 5,018,050 25% $ 4,406,447 25%   $ - $ 1,037,911   $ 1,341,813   *33% of the year is completed TRA Revs/Exps  FY23 Budget FY23 YTD Revenues $ 15,878,131 $ 4,693,975 Expenditures $ 15,428,131 $ 3,439,450   $ 450,000 $ 1,254,525 City Revs/Exps  FY23 Budget FY23 YTD Revenues $ 3,954,723 $ 1,361,986 Expenditures $ 3,954,723 $ 1,578,600   $ - $ (216,614) Drainage Fund Drainage Fund  FY23 Budget FY23 YTD % of Budget FY22 YTD FY22 % of Budget Revenues $ 1,045,000 $ 347,991 33% $ 339,835 33% Expenditures $ 721,619 $ 210,464 29% $ 188,490 27%   $ 323,381 $ 137,527   $ 151,345   *33% of the year is completed OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ - $ 100,000 $ 200,000 $ 300,000 $ 400,000 $ 500,000 FY23 VS. FY22 CASH FLOW FY23 FY22 Hotel Fund Hotel Fund  FY23 Budget FY23 YTD % of Budget FY22 YTD Revenues $ 275,000 $ 44,833 16% $ 38,933 Expenditures $ 273,569 $ 97,599 36% $ 87,114   $ 1,431 $ (52,766)  $ (48,181) *33% of the year is completed OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ - $ 20,000 $ 40,000 $ 60,000 $ 80,000 $ 100,000 $ 120,000 $ 140,000 EXPECTED FUND BALANCE VS. ACTUAL FUND BALANCE (BY MONTH) Actual FY23 Expected FY23 Debt Service Fund Debt Service Fund  FY23 Budget FY23 YTD % of Budget FY22 YTD FY22 % of Budget Revenues $ 608,660 $ 527,103 87% $ 557,280 89% Expenditures $ 769,010 $ 168,485 22% $ 168,485 20%   $ (160,350) $ 358,618   $ 388,795   *33% of the year is completed 2023 2024 2025 2026 2027 $ - $ 100,000 $ 200,000 $ 300,000 $ 400,000 $ 500,000 $ 600,000 PROPERTY TAX BACKED DEBT SERVICE 33% 33% FY23 Budget FY23 YTD % of Budget FY22 YTD FY22% of Budget Revenues 26,227,785$ 16,438,407$ 63%16,408,108$ 64% Expenditures 25,297,424$ 8,272,988$ 33%9,483,321$ 38% 930,361$ 8,165,419$ 6,924,786$ General Fund Highlights Revenue (FY23/FY22) Property Tax -$330k Sales Tax + $27k Franchise Tax + $25k Licenses -$50k Other Revenue + $359k Total Rev + $30k Expenditures (FY23/22) Personnel + $146k Contractual + $198k Supplies -$49k Capital -$5k Transfers -$1,500k Total Exp -$1,210k General Fund Through January, the fund has collected 63% of its budgeted revenues and spent 33% of budgeted expenditures, yielding a year-to-date surplus of $8.16M. This a significant increase over last year's surplus, due to the City's elimination of the $1.5M transfer from the General Fund into the Capital Projects Fund, which typically occurred in December. Property tax receipts are coming in slightly slower than the previous year, although we are still on track to receive our full budgeted levy. The majority of our revenue tends to hit the City's account early in the year and spending is much more evenly spaced out; surpluses are expected for the remainder of FY23. Monthly Financial Report - January 2023 % of year Completed % of Budget Spent $(5) $- $5 $10 MillionsGeneral Fund Cash Flow Budget FY23 5 Yr Avg 1 Revenue Highlight: Property Tax Colleyville anticipates receiving $15.85M in General Fund property tax this year, which represents about a 1.5% increase from FY22. As with the previous four years, this increase comes from taxes off of new property, as opposed to increased taxes on existing property. Per Council direction, Colleyville's FY23 budget has been balanced using the no-new-revenue tax rate, which is designed to keep residents' tax bills to Colleyville largely the same from year-to-year. Revenue Highlight: Sales Tax MTD Increase YTD Increase 7.1% Monthly Financial Report - January 2023 The City's Third sales tax collection for FY23 (representing sales made in December) came in this month and it showed a solid increase of 7.1% over last December. The total year-to-date increase of 4.8% over FY22 represents an additional $128,000 to the City so far this year. With Colleyville's sales tax having grown a total of 25%, or from $8.5M in 2020 to a record-high $10.29M in the last year, any flat or increasing sales tax is fantastic for the City and indicative that our recent high gains will sustain. To some degree a similar trajectory has been seen across both the State's collections as well as our neighbors. 4.8% $13,767,151 $14,097,460 $2,089,740 $1,515,681 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FY23 FY22 Collected to Date Collected Later $0.00 $5.00 $10.00 $15.00 2023 2022 2021 2020 2019 2018 5-Yr AvgMillionsTotal FY23 Sales Tax Receipts (Comparison) Fiscal Year-to-Date FY Actuals FY Budget 2 33% 25% FY23 Budget FY23 YTD % of Budget FY22 YTD FY22% of Budget Revenues 19,832,854$ 6,055,961$ 31%5,748,260$ 33% Expenditures 19,832,854$ 5,018,050$ 25%4,406,447$ 25% -$ 1,037,911$ 1,341,813$ Breakout of City's revenues/expenses from those related to the Trinity River Authority: FY23 Budget FY23 YTD FY23 Budget FY23 YTD Revs 15,878,131$ 4,693,975$ Revs 3,954,723$ 1,361,986$ Exps 15,428,131$ 3,439,450$ Exps 3,954,723$ 1,578,600$ Net 450,000$ 1,254,525$ Net -$ (216,614)$ Expenditures (FY23/22) Personnel + $56k Contractual + $270k Supplies -$4k Capital -$36k Transfers + $326k Total Exp + $612k Monthly Financial Report - January 2023 Water/Sewer Utility Fund % of Budget Spent The Utility Fund has collected 31% of its budgeted revenue and spent 25% of its budgeted expenses, which is in the same range as in FY22. As the summary above shows, the majority of surplus is coming from our relationship with the Trinity River Authority, with the City's direct revenues being outpaced by its direct expenses. This is due to our annual interfund administrative services payment to the General Fund being processed in January. As the year progresses, our revenue should catch up and pull this deficit into a surplus. It is worth noting, our relationship with the T.R.A. has resulted in a substantial surplus. As the Authority reached the end of its fiscal year, it underbilled the City in October and November for water used. Their fiscal year reset in December, however, and invoices from the T.R.A. should more correctly match amounts used by the City for the rest of the year. Additionally, we can expect our annual "true-up" from the T.R.A.(typically a refund) to come to us in May. More on that below. Annual Trinity River Authority True-Up The Trinity River Authority is the water/wastewater provider used by Colleyville and several other local cities. Each year, the Authority apportions its operating budget among its customer cities based on projected water usage. After the year concludes, the Authority "trues up" its actual expenditures with its actual revenues. In the event there is a shortfall, the Authority will charge its customer cities an additional amount. If there is a surplus, the Authority issues prorated refunds to each customer city. *TRA Revenue/Expense Summary City Revenue/Expense Summary % of year Completed Mostly TRA costs ↓ Colleyville's rate structure enables the City to more easily manage years of varying water consumption from year-to-year. The majority of the City's rate is comprised of a direct pass-through to TRA for water costs. Funding for the City's operational costs come from a fixed monthly charge to customers based on meter size. The goal of this fund is to break-even at the end of the year. 3 33% 29% FY23 Budget FY23 YTD % of Budget FY22 YTD FY22% of Budget Revenues 1,045,000$ 347,991$ 33%339,835$ 33% Expenditures 721,619$ 210,464$ 29%188,490$ 27% 323,381$ 137,527$ 151,345$ Revenue - Drainage Fees Expenditures (FY23/22) Personnel + $25k Contractual -$5k Supplies + $2k Capital/Xfers $0k Debt Service $0k Total Exp.+ $22k Note: this fund's debt service is has been retired as of fiscal year 2021. To date, the Drainage Utility Fund has received 33% of its revenue and spent 29% of its expenditures. This fund's cash flow is slightly lower than the previous year, with a surplus of about $137,000 as opposed to $151,000 last year. The trajectory for the remainder of the year is anticipated to similarily mirror the past two years. Historically, drainage fee revenues tended to average at 1.2% higher than the previous fiscal year. However, as the City reaches build out these revenues tend to be more stable from year to year. As with our other operating funds, any year-end surplus will be moved for use on the City's Capital Improvement Plan. -0.1%FY23/5-Yr Avg 1.0%FY23/FY22 Drainage Utility Fund % of year Completed Monthly Financial Report - January 2023 Drainage Fund Operation Highlights % of Budget Spent $- $100,000 $200,000 $300,000 $400,000 $500,000 FY23 vs. FY22 Cash Flow FY23 FY22 4 33% 36% FY23 Budget FY23 YTD % of Budget FY22 YTD FY22% of Budget Revenues 275,000$ 44,833$ 16%38,933$ 15% Expenditures*273,569$ 97,599$ 36%87,114$ 35% 1,431$ (52,766)$ (48,181)$ Hotel Tax Performance COVID-related economic disruptions obviously took a toll on any travel-related revenues in the last few years, but the Hotel Occupancy Tax Fund has kept a strong fund balance. While travel activities are on the rise and revenue in this fund has been making a comeback, this year's first quarter receipts mirror the same period in FY22. Staff had planned on a significant increase in total receipts this year, and so we will need to closely monitor this fund through the remainder of the year. Fund balance as of the end of this quarter is sitting at $115,000, so the fund does have a substantial amount of cushion. Costs funded out of here include personnel related directly to advertising the City as well as Colleyville Center costs and some special events. Monthly Financial Report - January 2023 % of year Completed % of Budget SpentHotel Tax Fund $- $50,000 $100,000 $150,000 Expected Fund Balance vs. Actual Fund Balance (by month) Actual FY23 Expected FY23 - 50,000 100,000 150,000 200,000 250,000 FY23 Revenue vs. History 2023 2022 2021 2020 5 33% 22% FY23 Budget FY23 YTD % of Budget FY22 YTD FY22% of Budget Revenues 608,660$ 527,103$ 87%557,280$ 89% Expenditures*769,010$ 168,485$ 22%168,485$ 20% (160,350)$ 358,618$ 388,795$ For any questions or comments regarding this report, please contact: Kyle Lester Finance Director City of Colleyville, TX klester@colleyville.com 817-503-1014 Being predominately funded through property taxes, the Debt Service Fund has received the majority of its revenue for the year. Cash-flow for this fund is very predictable, as most revenues are recognized in December/January and debt service payments occur twice annually, with lease payments also occurring throughout the year. As of January's figures, the fund is running a surplus of about $358,000. This surplus will decrease significantly in February, as our annual principal payment will be due. It should be noted that our updated property tax forms necessitate a planned spend down of fund balance by $160,000 this year. The City's current outstanding bonds are on schedule to be paid off in 2027, and the new 2023 $10M issue is structured to be callable in 2030. Monthly Financial Report - January 2023 % of year Completed % of Budget SpentDebt Service Fund $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2023 2024 2025 2026 2027 Property Tax Backed Debt Service 6 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 2/21/2023 Number Ordinance O-23-2233 Type Ordinance Department Community Development Title Request to appeal the decision of the Planning and Zoning Commission for consideration of a zoning change from AG Agricultural and RE Single Family 'Estate' Residential to PUD-R Planned Unit Development - Residential zoning district for Tract 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey, and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900 Pool Road, Case ZC22-036 Strategic Plan Explanation Second Reading and Public Hearing The applicant presented the request and answered questions from the City Council at the January 5, 2023 Special City Council meeting. During the public hearing, residents expressed concerns about many issues including density, drainage, and the removal of trees. First Reading and Public Hearing The Planning and Zoning Commission recommended denial at their November 14, 2022 meeting by a vote of 5-0. When the Planning and Zoning Commission makes a recommendation of denial, a favorable vote of three-fourths (3/4) of all members of the City Council is required for approval of the request. Additionally, no change of zoning where exists a protest against such change, signed by the owners of twenty (20) percent or more of either the area of lots or land included in such proposed change, or lots or land immediately adjoining same and extending two hundred (200) feet therefrom, filed with the City Secretary, shall be passed except by a favorable vote of three-fourths (3/4) of all members of the City Council. The opposition currently is at approximately 34%. Curtis Young, the applicant, has submitted a request to rezone the 13.89 acres property located at 2417 Wilkes Drive and 6900 Pool Road from AG Agricultural and RE Single Family ‘Estate’ Residential zoning to a PUD-R Planned Unit Development- Residential district. The purpose is to rezone in order to allow for the development of a new 19 lot single-family residential subdivision. City Council Agenda Briefing 6a City of Colleyville Page 2 Existing Conditions/Background: The subject property is currently an unplatted lot and a platted lot. A home currently exists which is being proposed to be removed. Proposed Zoning Change: Request – The request is to rezone from the AG Agricultural and RE Single Family ‘Estate’ Residential to the PUD-R Planned Unit Development - Residential district. The request is to construct a new 19 lot detached single-family subdivision to be known as The Bluffs at Colleyville. Purpose - The purpose of a Planned Unit Development (PUD) is to provide for greater flexibility and discretion in the approval of residential, non-residential and mixed use developments by encouraging creative, efficient and aesthetically desirable residential and commercial projects which are superior to what could be accomplished in other zoning districts. This may be through the use of increased open spaces and greenbelts or by providing enhanced amenities or features within the development which will be of special benefit to the property owners or to the community. Analysis – Per the PUD proposed, this project is requesting to create a new detached single-family subdivision of 19 lots. There is a proposed street connection along Pool Road serving as the entrance and exit to the subdivision. The lots range from 20,015 s.f. to 27,294 s.f. The average lot size is 21,354 s.f. The minimum home size will be 3,500 s.f. Along the northern border is a proposed nature trail which connects to Pool Road. According to the Land Development Code, Chapter 3, Section 3.23: “The Maximum Residential Density permitted in the PUD-R district shall not exceed 1.8 dwelling units per net acre. For the purpose of this calculation, the density calculation shall include all residential areas of the project. This calculation shall exclude all proposed non- residential acreage and street rights-of-way from the net acreage.” The open space required for a PUD-R is 20% and this subdivision proposes 20.66%. “Residential areas: For all residential uses, common open space land, comprising not less than twenty (20%) of the gross residential project area, shall be provided for the primary use of occupants of the residential units.” Plat Status: The subject property is unplatted as Tracts 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey and a platted lot being Lot 1, Block 1, Cerro Addition. DRC Review: This request was reviewed during the September 19, 2022 DRC meeting and determined the application may be scheduled for the next available Planning and Zoning Commission meeting. The DRC provided the following comments: 1. For Lots 18 and 19 label the south setback as 25 feet. Staff considers these as ‘rear’. 2. Staff strongly encourages a 25’ setback along the South line for Lot 11 as well. Staff strongly encourages adding a 25-foot landscape setback along the lots backing City Council Agenda Briefing 6a City of Colleyville Page 3 existing homes. 3. Please submit a new Statement of Planning Objectives. The applicant updated their exhibits as requested by staff and were received on October 3, 2022. Engineering Comments 1. Land Development Code Chapter 14, Section 14-170 Drainage and Storm Sewer Improvements, Sub-Section B-1 states the following: “No matter which method is used to calculate runoff, a developer or builder of residential property greater than one (1) acre in size, or any property that was platted as a part of an overall tract which was greater than one (1) acre in size (including churches and schools), shall develop the property so that the rate of runoff created by the development as it leaves the property does not exceed the rate of runoff that is currently occurring in the existing conditions. A developer or builder of commercial property greater than one-half (1/2) acre must follow the above guidelines.” We concur with the Fire Marshal’s comments in regards to the 50’ ROW and the fire emergency exit gates that will have to be accepted with public improvements. Fire Marshal Comments: If the City Council elects to approve the plan as submitted as a private subdivision, any gate is considered a Public Improvement and is required to be installed and accepted with the Public Improvements. The gate would be required to meet the requirements of the Land Development Code in Chapter 14. The subdivision is required to meet the requirements of Chapter 10 of the Land Development Code. Any gate will be required to be addressed and an HOA Lot. Drainage: A drainage study is needed, including a downstream assessment. Surrounding Development: Property to the north and east is located in the City of Grapevine. Property to the south has R-20 Single Family Residential zoning and has developed with single-family homes. The property to the west has Planned Unit Development – Residential zoning located in the Ross Downs subdivision and has developed with single-family homes. Comprehensive Plan: The City’s Comprehensive Plan, Destination Colleyville, designates the subject property and the property near this location along Wilkes Drive as planned for residential use. The proposed rezoning request does comply with the residential land use designation stated in the comprehensive plan. One of the goals for this area, as outlined in Destination Colleyville, is to protect the character and integrity of existing neighborhoods by promoting future development that is compatible with the surrounding development patterns and development character. Fees: Impact Fees are required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit, if applicable. Tree Preservation: The development must comply with Chapter 5 (Urban Forestry) City Council Agenda Briefing 6a City of Colleyville Page 4 of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations and Independent School Districts within 1,000 feet of the subject property. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff is neutral on this request. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended denial of the request at their November 14, 2022 meeting by a vote of 5-0. When the Planning and Zoning Commission makes a recommendation of denial, a favorable vote of three-fourths (3/4) of all members of the City Council is required for approval of the request. Financial Impact There is no financial impact to the City. Recommendation None Attachments 1.Appeal Request for The Bluffs at Colleyville 2.Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Statement of Planning Objectives 6.Development Plan 7.Drainage Plan 8.Detention Assessment Report 9.Urban Forestry Plan 10.Urban Forestry Report 11.Chapter 5 Urban Forestry 12.Notification Map 13.Notification Letter 14.Notification List 15. 16. Listing of Letters of Opposition Ordinance O-23-2233 1 Ben Bryner Subject:RE: Zoning Case ZC22-036- The Bluffs at Colleyville From: Curtis Young < >   Sent: Friday, November 18, 2022 3:54 PM  To: Ben Bryner <BBryner@colleyville.com>  Cc: Jackie Reyff <JReyff@colleyville.com>; Dakari Hill <DHill@colleyville.com>; Mark Goodwin (); travis; jody; Clayton  Redinger < >  Subject: Zoning Case ZC22‐036‐ The Bluffs at Colleyville  Ben,  Please be advised that pursuant to the vote of the Planning and Zoning Commission, I would like to officially request an  appeal of the case to the City Council.  We look forward to working with the city to achieve a plan which meets the city’s Comprehensive Plan, and can gain  approval.  Thanks.  Regards‐  Curtis W. Young, AIA  Sage Group, Inc.  1130 N. Carroll Avenue, Suite 200  Southlake, Texas 76092  Tel: 817-424-2626 (Metro)  Fax: 817-424-2890  Cell: 817-909-0909  Email: cyoung@sage‐dfw.com  POOL ROADMELANIEDRIVE D A N I E L L E DRIVEW I L K E S D R I V EBROADOAK WAYWILKESCOURTINDIA COURTUP L ANDL A N E L O N G W O O D DRIVE CONNIELANEWANDERI NGW A Y TW EL V E O A K S LA NE ATLANTADRIVEGL E NH OP E CIR CLE S GL E NH O P E CIR CL E N Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-036 K2417 Wilkes Drive Subject Property POOL ROADMELANIEDRIVE D A N I E L L E DRIVEW I L K E S D R I V EBROADOAK WAYWILKESCOURTINDIA COURTUP L ANDL A N ELONGWOODD RIVE CONNIELANEWANDERI NGW A Y TWELVE OAKS LANE ATLANTADRIVEGL E NH OP E CIR CLE S GL E NH O P E CIR CL E N AG AG PU D-C AG PU D-C PU D-R RE R-20 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-036 K2417 Wilkes Drive Subject Property POOL ROADBROADOAKWAYW I L K E S D R I V E LO NG W O O D DRIVE CONNIELANEINDIA COURTUP L ANDL A N E TW EL V E O A K S LA NEATLANTADRIVE GL ENH O P E C I R C L E N Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-036 K2417 Wilkes Drive Subject Property Residential Institutional Open Space; Parks The Bluffs at Colleyville Colleyville, Texas Zoning Narrative –30 SEPT 2022 WillowTree Development, LLC, Developer Sage Group, Inc., Land Planner Statement of Planning Objectives The Bluffs at Colleyville is a proposed residential neighborhood to be developed by WillowTree Development, LLC, under the PUD-R Residential District regulations for residential development in the City of Colleyville. The approximately 14 acre property is located on the west side of Pool Road, just south of Big Bear Creek, which is also the Colleyville/Grapevine city limits. Adjacencies: The property is adjacent to, and could almost be considered an extension of, the Ross Downs Estates neighborhood- as it is accessed through that neighborhood via Wilkes Drive. The Ross Downs Estates lots to the south (off of Twelve Oaks Lane) are ½ acre lots, but the section of Ross Downs Estates through which this property is currently accessed (from the west), is comprised of 10,000+ sf lots. To the north and east is Big Bear Creek, and the City of Grapevine. The property is currently designated AG (Agriculture), so this would be the initial “development” zoning requested. The intent here is to rezone the entire property to PUD- R, unifying the property into one cohesive, master planned residential development of the highest quality. There is currently an occupied single-family home on the property, which will be removed as it is developed. The proposed plan responds to, and in many ways reflects the neighborhoods and properties we are adjacent to. Where we are adjacent to the larger, ½ acre Ross Downs lots to the south, we are proposing half-acre lots; all lots will meet the minimum of 20,000 sf. We have designed the project to be compatible and in harmony with our adjacent neighbors, comply with the requirements of the PUD-R Ordinance, and to be consistent with the city’s Comprehensive Plan. Overall density is 1.37 lots per acre. Quality and compatibility with the adjacent residential, in this portion of Colleyville is essential, and we have designed this proposal with those goals in mind. Access: The property currently only has one point of street access, determined when Ross Downs was approved and developed. Wilkes Drive currently dead-ends into the property on the west side. After discussions with the neighbors along Wilkes Dr. and elsewhere in Ross Downs- and hearing their concerns of having additional traffic along those streets, an additional property was acquired which will allow access directly from Pool Road. Because of this, we can implement an “emergency only” access at Wilkes Drive, thereby putting no additional traffic on Wilkes Drive and other Ross Downs streets. The residences planned for The Bluffs at Colleyville will be upscale, with selling prices estimated to start at around $2 million. Each home will be required to go through a design review process, prior to construction, to assure a high level of quality and design. The Bluffs at Colleyville will be developed with the normal Colleyville public street section of 31’ (back of curb to back of curb), in a 50’ R.O.W., throughout the project. There will be a requirement of at least two street trees for every residential lot to be installed by the home builders, adjacent to the street rights of way. The existing and fully developed storm drainage has been carefully analyzed, and will be designed to meet all city regulations and not adversely affect any neighboring properties. The property generally drains to the north, directly into Big Bear Creek. Therefore, no detention ponds will be necessary. To encourage pedestrian activity in the neighborhood, sidewalks will be built along the front of each lot. We also propose to provide a (not fully accessible) “nature trail,” down into the flood plain area, which will also connect to the city sidewalk along Pool Road , allowing pedestrian connections to other neighborhoods, schools and other facilities along Pool Road. The scale and orientation of the development has been designed to have an inviting visual flow with the existing neighborhoods and surrounding uses. The design criteria of the homes will create high quality designed homes in keeping with both the immediate neighborhood and Colleyville as a whole. Development Schedule The Bluffs at Colleyville will be developed in one phase, with development commencing upon the successful completion of the zoning and platting and the subsequent approval of the final plat and engineering plans. Construction of homes is anticipated to start immediately upon completion of the subdivision’s infrastru cture. Economic Development Information The Bluffs at Colleyville will have a total of nineteen (19) homes, each with an estimated average value upon completion of $2,000,000, resulting in an overall tax base of over $42,000,000. At the current tax rate of 2.2221%, the total taxes generated from the development are projected to be $845,000, with over $117,000 generated directly for the City at buildout. Development Standards Permitted Land Use: Single Family Residential Detached Minimum House Size: 3,500 square feet. Minimum Lot Area: 20,000 s.f. (Average about 21,354 s.f.) Minimum Lot Width: Eighty feet (80’) measured at the building setback line, except pie-shaped cul-de-sac lots, in which case the minimum shall be seventy-five feet (75’), as shown on the Development Plan. Front Yard Setbacks: Thirty feet (30’) back of the property line Rear Yard Setbacks: Twenty-Five feet (25’) Side Yard Setbacks: Ten feet (10’). Street-facing Side Yard: Side yard setbacks on the street side of a corner lot, fronting on another street, shall all be 25’. Street Standards: The streets within The Bluffs at Colleyville are proposed to be standard Colleyville public streets. All sections will be built to the standard street section of 31’ b/b paving, in a 50’ Street ROW. Minimum Roof Pitch: Minimum of a 10:12 roof pitch, unless architecturally required to vary, based on home style. Garage Standard: Minimum of a three car garage with wood-like, architecturally enhanced doors. Masonry Requirement: The dominant exterior vertical wall area of each structure, exclusive of doors and windows, shall be masonry (brick, stone, or stucco) or other material solely determined by the Committee. No more than 20% of the exterior vertical wall to be authentic lath and stucco application over wood framing. Dryvit systems or Styrofoam products are not acceptable. The exterior of chimney flues shall be of masonry material acceptable to the Committee. Installation of all types of exterior items and surfaces such as address numbers or external ornamentation, lights, mail chutes, mailboxes, roofing materials and exterior paint or stain, shall be subject to the approval of the Committee as to size, design, materials color, manufacturer and location. Additional Elevation Requirements: All plans will be reviewed by the The Bluffs at Colleyville Architectural Review Committee, to ensure structures and site features of the highest quality. Elevations will have a hierarchy of plate dominance featuring custom front doors and entrances; balanced architectural features and interests with natural tones for paint and exterior finishes. The elevations on all “four sides” shall be addressed in the design to present a finished appearance. Roofing will match the architectural style. Slate, tile composition or standing seam metal are examples. Each elevation should add interest to the entire streetscape. Windows: No aluminum widows allowed in the subdivision, only windows of higher quality and energy efficiency will be allowed. All windows will be insulated glass with a “low-e” specification. Fencing: Wood fencing will only be permitted between lots. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. All lots adjacent to a Common Open Space shall be open style fencing of decorative metal, and/or Masonry. Where lots back to existing residential lots with fences, the existing fence shall be kept, maintained or improved in coordination with each owner, as shown in the diagram on the Development Plan and associated detailed diagrams. Where open space lots border adjacent properties, either the existing fence will be maintained or improved, or a decorative masonry or metal fence will be installed, all in cooperation with the adjacent property owner, according to the detailed plans submitted with zoning. Streetscape Standards: Minimum of two (2) three-inch (3”) caliper trees per front yard, unless quality existing trees are present and saved. Fully landscaped and sprinklered front and rear yard within sixty days of completing a house. Open Space Maintenance: The open space lots within the subdivision shall be maintained in a consistent, uniform manner by the The Bluffs at Colleyville Homeowners Association through dues collected from the individual homeowners. Membership in the Homeowner’s Association is mandatory. Street Design Standards: Right of Way: Fifty feet (50’) (Undivided), Travel Lane Width: Thirty-one feet (31’), back of curb to back of curb. Turning Radii: Fifteen feet (15’) Open Space Standards: All Common Open Space along the internal streets shall be fully landscaped and irrigated with a combination of trees and shrubbery pursuant to an approved landscape plan. The Common Open Space shall be owned, operated and maintained by The Bluffs at Colleyville Homeowners Association which shall have a mandatory membership of all homeowners and shall collect dues in amounts satisfactory to maintain the Common Open Space. The Association shall have fine and lien rights as permitted by law to enforce compliance with the rules of the association. Signage: A monument sign identifying the subdivision shall be built at the entry from Pool Road. INDIA COURTWILKES DRIVE 10 0 - y e a r LOT 19 LOT 18LOT 17R LOT 1 10,882 s.f.10,000 s.f. 10,000 s.f. 18,954 s.f. LOT 217,321 s.f. LOT 37 10,888 s.f.LOT 36 10,000 s.f.LOT 35 10,000 s.f. LOT 13 26,777 s.f. 26,216 s.f. LOT 11 LOT 9 23,040 s.f. LOT 8 22,850 s.f. LOT 7 22,719 s.f. LOT 6 22,719 s.f. LOT 5 22,719 s.f. LOT 4 22,719 s.f. LOT 3 22,719 s.f. LOT 2 22,719 s.f. LOT 1 22,587 s.f. ROSS DOWNS ESTATES LONGWOOD ESTATES LOT 12 20,011 s.f. 14,440 s.f. F.L.U.=RESIDENTIAL Zoning: Single Family Residential R-20 F.L.U.=RESIDENTIAL Zoning: Single Family Residential R-20 F.L.U.=RESIDENTIAL Zoning: PUD-R F.L.U.=PARKS & COMMON SPACES POOL ROADCI T Y O F G R A P E V I N E CITY OF GRAPEVINECITY OFGRAPEVINECI T Y O F C O L L E Y V I L L ECITY OFCOLLEYVILLE18'F-F18'F-F15'NATURE TRAIL 10'TRAILEASMTNATURE TRAIL EMERGENCY ACCESS GATE 50'R.O.W.30'F-FINDIA COURTWILKES DRIVE LOT 19 LOT 18LOT 17R LOT 1 10,882 s.f.10,000 s.f. 10,000 s.f. 18,954 s.f. LOT 217,321 s.f. LOT 37 10,888 s.f.LOT 36 10,000 s.f.LOT 35 10,000 s.f. LOT 13 26,777 s.f. 20,831 s.f. 26,216 s.f. LOT 11 LOT 9 23,040 s.f. LOT 8 22,850 s.f. LOT 7 22,719 s.f. LOT 6 22,719 s.f. LOT 5 22,719 s.f. LOT 4 22,719 s.f. LOT 3 22,719 s.f. LOT 2 22,719 s.f. LOT 1 22,587 s.f. ROSS DOWNS ESTATES LONGWOOD ESTATES LOT 12 20,011 s.f. 14,440 s.f. F.L.U.=RESIDENTIAL Zoning: Single Family Residential R-20 F.L.U.=RESIDENTIAL Zoning: Single Family Residential R-20 F.L.U.=RESIDENTIAL Zoning: PUD-R F.L.U.=PARKS & COMMON SPACES POOL ROADCI T Y O F G R A P E V I N E CITY OF GRAPEVINECITY OFGRAPEVINECI T Y O F C O L L E Y V I L L ECITY OFCOLLEYVILLE21,671 s.f.1 20,015 s.f.2 20,102 s.f.3 20,921 s.f.4 20,026 s.f.5 20,060 s.f.6 117,667 s.f.OS 6,174 s.f.OS OS 576 s.f. OS 762 s.f. 20,007 s.f.11 22,974 s.f.10 20,012 s.f.14 20,032 s.f.13 20,032 s.f.12 25' REAR SETBACK25' REAR SETBACK25' LANDSCAPE &REAR SETBACK25' REAR SETBACK25' REAR SETBACK25' REAR SETBACK25' REAR SETBACK25' REAR SETBACK25' R E A R S E T B A C K 25' REAR SETBACK 25' REAR SETBACK30' FRO N T S E T B A C K 30' FRONT SETBACK30' FRONT SETBACK 30' F R O N T S E T B A C K30' FRONT SETBACK30' FRONT SETBACK25' SIDE S E T B A C K 25' SIDE SETBACK 10' SIDE SETBACK 10' SIDE SETBACK 10' SI D E S E T B A C K 10' SIDE S E T B A C K 10' SIDE S E T B A C K10' SIDE SETBACK1 0 ' S IDE SETBACK 18'F-F18'F-F15'50'R.O.W.30'F-FNATURE TRAIL 10'TRAILESMTNATURE TRAIL 22,480 s.f.19 27,294 s.f.18 21,590 s.f.17 25,055 s.f.16 21,238 s.f.15 R40' R50' 25' SIDE SETBACK EMERGENCY ACCESS GATE 100-year 10 0 - y e a r 7 20,057 s.f. 8 20,048 s.f. 9 21,122 s.f. 66.89% 20.66% 12.45% 100.00% Site Data Summary Chart Single Family Residential Lots Common Areas Residential Lots Open Space R.O.W. Res. Gross Acreage 19 4 9.29 ac. 2.87 ac. 1.73 ac. 13.89 ac. Site Data Gross Acreage Gross Density (lots / acre) Existing Zoning: AG Proposed Zoning: PUD-R Existing Use:Residential / AG Proposed Use: S.F. Residential 13.89 ac. 1.37 lots/AC Lot Summary Residential Lots Minimum Lot Area Average Lot Area Common Areas 19 20,015 s.f. 21,354 s.f. 4 2584 2585 2586 2587 2588 2589 2590 2591 2592 2593 2594 2595 2596 2597 2598 2599 2600 8" PINE 10" ELM 15" OAK 11" OAK 7" PINE 13" PINE 22" PINE 11" OAK 11" OAK 7" OAK 25" OAK 20" OAK 22" PINE 8" PINE 7" PINE 22" PINE 8" OAK 2688 2689 2690 2691 2692 2693 2695 2696 2697 2698 2699 2700 2701 2702 2703 2704 2705 8" CEDAR 21" OAK 18" OAK 6" ELM 9" ELM 10" OAK 16" CEDAR 8" CEDAR 10" ELM 15" OAK 8" CEDAR 17" OAK 6" HACKBERRY 6" PLUM 8" BOIS D'ARC 10" CEDAR 10" OAK 2793 2794 2795 2796 2797 2798 2799 2800 2801 2802 2803 2804 2805 2806 2807 2808 2809 7" CEDAR 6" CEDAR 11" OAK 10" ELM 12" CEDAR 9" OAK 16" OAK 11" OAK 12" CEDAR 11" CEDAR 8" OAK MT" HACKBERRY 8" OAK 6" OAK 8" OAK 8" OAK 10" HACKBERRY 2894 2895 2896 2897 2898 2899 2900 2901 2902 2903 2904 2906 2907 2908 2910 2911 2912 8" CEDAR 8" ELM 11" ELM 15" CEDAR 7" CEDAR 11" CEDAR 6" HACKBERRY 10" HACKBERRY 6" BRADFORD PEAR 9" OAK 8" OAK 21" ELM 20" HACKBERRY 14" OAK 21" CEDAR 19" CEDAR 7" OAK 2998 2999 3000 6101 6102 6103 6104 6105 6106 6107 6108 6109 6110 6111 6112 6113 6114 21" OAK 6" CEDAR 7" CEDAR 6" HACKBERRY 11" POST OAK 7" CEDAR ELM 12" POST OAK 18" POST OAK 11" POST OAK 14" POST OAK 16" POST OAK 9" POST OAK 18" POST OAK 8" POST OAK 16" POST OAK 8" POST OAK 8" POST OAK 6198 6199 6200 6287 6288 6289 6290 6291 6292 6293 6294 6295 6296 6297 6298 6299 6300 13" POST OAK 13" POST OAK 9" POST OAK 10" POST OAK 17" POST OAK 13" OAK 12" POST OAK 14" POST OAK 15" POST OAK 8" POST OAK 18" POST OAK 14" POST OAK 19" POST OAK 13" POST OAK 15" POST OAK 8" OAK 10" OAK 8075 8077 8078 8079 8080 8081 8082 8083 8084 8085 8086 8087 8088 8089 8090 8091 8092 7" OAK 17" OAK 10" OAK 9" CEDAR 18" PINE 8" OAK 20" OAK 6" CEDAR 13" CEDAR 6" CEDAR 13" CEDAR 11" CEDAR 15" OAK 6" CEDAR 15" OAK 6" ELM 7" CEDAR 8276 8277 8278 8279 8280 8281 8282 8283 8284 8285 8286 8287 8288 8289 8290 8291 8292 11" HERCULES CLUB Fence Legend 6' Wood Fence 5' Ornamental Iron Fence 6' Masory Wall POOL ROADCIT Y O F G R A P E V I N E CITY OF GRAPEVINECITY OFGRAPEVINECIT Y O F C O L L E Y V I L L ECITY OFCOLLEYVILLEZoning: Single Family Residential R-20 Zoning: Single Family POOL ROADCIT Y O F G R A P E V I N E CITY OF GRAPEVINECITY OFGRAPEVINECIT Y O F C O L L E Y V I L L ECITY OFCOLLEYVILLE25' REAR SETBACK25' REAR SETBACK25' LANDSCAPE &REAR SETBACK25' REAR SETBACK25' REAR SETBACK25' REAR SETBACK25' REAR SETBACK25' REAR SETBACK25' R E A R S E T B A C K 25' REAR SETBACK 25' REAR SETBACK30' FRO N T S E T B A C K 30' FRONT SETBACK30' FRONT SETBACK 30' F R O N T S E T B A C K30' FRONT SETBACK30' FRONT SETBACK25' SIDE S E T B A C K 25' SIDE SETBACK 10' SIDE SETBACK 10' SIDE SETBACK 10' SI D E S E T B A C K 10' SIDE SE T B A C K 10' SIDE SE T B A C K10' SIDE SETBACK1 0 ' S ID E S E TB AC K 25' SIDE SETBACK 100-year 100 - y e a r Legend Nature Trail 5' Sidewalk Flood Plain Colleyville, Tarrant County, Texas SAGE GROUP, INC.Master PlanningUrban DesignArchitectureLandscape Architecture 1130 N. Carroll Ave., Ste. 200Southlake, Texas 76092TEL. 817-424-2626 Planner: 30 SEP 22 0 50' 100'200' 1" = 50' Applicant: Sage Group, Inc. 1130 N. Carroll Avenue, Suite 200 Southlake, TX 76092 817-424-2626 Contact: Curtis Young, AIA Development Plan The Bluffs at Colleyville Owner: Unique Fortune, LLC 400 Carroll Avenue Southlake, TX 76092 Tel: 817-366-8666 Contact: Mark Goodwin LOCATION MAP FENCE DIAGRAM Engineer: Redinger Group, LLC P.O. Box 93206 Southlake, Texas 76092 817-253-5727 Attn: Clayton Redinger, P.E. Zoning Exhibit for Zoning Change Request From AG to PUD-R Notes: -Front Setbacks are 30' Typical, except where noted. -Rear Setbacks are 25' Typical -Side Setbacks are 10' Typical, 25' street side setback on corner lot Developer: WillowTree Development, LLC 680 N. Carroll Avenue, Suite 100 Southlake, Texas 76092 817-617-9105 Attn: Travis Franks P R E L I M I N A R Y FOR REVIEW ONLY Not for Construction or Permit Purposes P.E. No. Engineer Date CLAYTON T. REDINGER 97497 9/30/2022 PREPARED FOR:CLIENT NAME ADDRESS CITY, TEXAS XXXXX (XXX) XXX-XXXX REDINGER GROUP, LLC P.O. BOX 93206 SOUTHLAKE, TEXAS 76092 PHONE: (817) 253-5727 ENGINEERING FIRM REGISTRATION NUMBER F-23328 EXISTING DRAINAGE PLAN THE BLUFFS AT COLLEYVILLE COLLEYVILLE, TEXAS ( IN FEET )1 INCH = FTNORTH P R E L I M I N A R Y FOR REVIEW ONLY Not for Construction or Permit Purposes P.E. No. Engineer Date CLAYTON T. REDINGER 97497 9/30/2022 PREPARED FOR:CLIENT NAME ADDRESS CITY, TEXAS XXXXX (XXX) XXX-XXXX REDINGER GROUP, LLC P.O. BOX 93206 SOUTHLAKE, TEXAS 76092 PHONE: (817) 253-5727 ENGINEERING FIRM REGISTRATION NUMBER F-23328 PRELIMINARY GRADING & DRAINAGE PLAN THE BLUFFS AT COLLEYVILLE COLLEYVILLE, TEXAS ( IN FEET )1 INCH = FTNORTH P R E L I M I N A R Y FOR REVIEW ONLY Not for Construction or Permit Purposes P.E. No. Engineer Date CLAYTON T. REDINGER 97497 9/30/2022 PREPARED FOR:CLIENT NAME ADDRESS CITY, TEXAS XXXXX (XXX) XXX-XXXX REDINGER GROUP, LLC P.O. BOX 93206 SOUTHLAKE, TEXAS 76092 PHONE: (817) 253-5727 ENGINEERING FIRM REGISTRATION NUMBER F-23328( IN FEET )1 INCH = FTNORTH PRELIMINARY UTILITY PLAN THE BLUFFS AT COLLEYVILLE COLLEYVILLE, TEXAS RG Project No. 1013-01 P.O. Box 93206 - Southlake, Tx 76092 - Phone: (817) 253-5727 HYDROLOGIC DETENTION ASSESSMENT REPORT FOR Bluffs of Colleyville IN THE City of Colleyville, Texas Prepared for: Unique Fortunes, LLC 400 N. Carroll Ave. Southlake, Texas 76092 10/04/2022 October 4th, 2022 Page 2 DETENTION ASSEMSSMENT REPORT Bluffs of Colleyville City of Colleyville, Texas GENERAL DISCUSSION Rainfall in North Texas is often associated with intense thunderstorms resulting from frontal weather changes. Due to the nature of these intense storms and flooding that may occur as a result, measures must be taken as land is developed to ensure that flooding does not cause loss of life or significant property damage. In north Texas, weather conditions lead to shorter, intense rainfalls. In fact, the rainfall intensities and volumes are unusually high in this area, comparable to Gulf Coast regions. As a result, dry creek beds can become raging torrents during typical storm events. In most cases, these conditions existed prior to development. Statistical models are used to simulate rainfall events affecting watersheds in hydrology studies. Land development typically affects runoff from drainage basins in two ways. First, development typically renders land surfaces less permeable due to construction of pavement and buildings. Less rainwater enters the ground and flows into creeks and drainage ways. Second, due to more impervious surfaces and other man-made improvements, it takes less time for runoff to enter natural drainageways. This change is often reflected in shorter “lag times” or “times of concentrations” in hydrology models. A drainage study may include consideration of storm water detention for any given development project. Storm water detention is a method to attenuate peak flow rates from a project site. In case of a possible downstream impact of an increase in peak flows from development, assessment of a watershed and conditions affecting overall impacts of development are often recommended to ensure there are no adverse impacts resulting from land development. Some mitigating measures may include stormwater detention which involves construction of a basin to temporarily store storm water while a specially designed outfall meters discharge to specified runoff rates. The design of a basin includes sizing a basin to contain a specific volume of storm water sufficient to allow the basin’s discharge to release at a specified rate. Locally, this threshold is usually either the flow rate of the watershed in an undeveloped state or that of a single-family residential development. Calculation of the basin size and outlet structure can be accomplished by a number of different methodologies. It has been observed that detention basins can provide protection of downstream property in certain circumstances where there is an immediate downstream concern. Additionally, it has also been observed that, due to a number of hydrologic factors, the effect of detention diminishes the further downstream any given project one may study. This is generally due to the fact that the volume of runoff is increased with development regardless of the rate of runoff. It has been shown by detailed hydrologic modeling that detention on a site may increase flows in receiving waters of relatively large watersheds. The problem is that the local site detention is holding storm water back and combining its discharge peak with that of the peak of the flood wave of the main receiving water body. Whereas the free discharge of the local site would place its peak well ahead of the main flood peak. This “coincident peak” is a predictable result of detailed analysis. Near the top of a watershed, detention is shown to provide reduced flows from the site and in the receiving water body. But at October 4th, 2022 Page 3 some point, the further downstream in a watershed one goes, the effect of site detention can increase flows in the receiving water body. Although, detailed hydrologic calculations may be needed to confirm the result. However, in North Texas, if a site is less than roughly 10 percent of the overall watershed at the discharge point, the effect of detention is often to increase the peak flow in the watershed. This study makes no assumptions about this “10% Rule”. Detailed study has been completed to ensure the proper recommendation for this site and surrounding watershed conditions. Some local jurisdictions are revising or clarifying their detention policies to consider the possibility and often not require detention at all in certain circumstances. To state it simply, site detention can, in certain instances, increase peak runoff from a watershed. BLUFFS OF COLLEYVILLE This report has been prepared to assess the impact of peak discharges as a result of development of Bluffs of Colleyville in Colleyville. The site has a total area of 13.9 acres and is positioned at the downstream end of a 19,163 acre watershed. Exhibit ‘A’ attached is a graphic representation of the Bear Creek watershed. It is important to note that at this point of analysis, Bear Creek receives runoff from seven different cities reaching as far west as Haslett, west of Interstate 35W and encompasses an area of approximately 30 square miles. With Bluffs of Colleyville at about 0.07% of the overall watershed, regional policy recognizes that detention on this site will almost certainly not be needed. However, this study has been prepared to investigate the need for detention. Bluffs of Colleyville will develop about 10.6 acres of the overall tract and the remaining 3.3 acres will remain undeveloped as it currently lies within the existing floodplain. Bear Creek runs over and adjacent to the existing property to an existing bridge under Pool Rd. METHODOLOGY Computer modeling was utilized to develop this assessment. Rainfall losses were based on the Curve Number method of the Soil Conservation Service (SCS) and hydrographs generated using a Type II distribution of rainfall. The 50% (2-year), 20% (5-year), 10% (10-year), 4% (25-year), 2% (50-year) and 1% (100-year) design storm events were evaluated. Rainfall amounts were taken from the North Central Texas Council of Governments integrated Storm Water Manual (iSWM). The time of concentration for the local watershed was assumed to be 15-minutes and is normally associated with the residential development. The time of concentration for Bear Creek was simulated by assuming a 45-minute time of concentration at the upper extreme end of the watershed and an average velocity of six feet per second within the main channel throughout the watershed. This is not intended be an exact modeling of the Bear Creek, but only an approximation of the time of peak discharge for Bear Creek at the project location. The methodology included detailed determination of hydrologic soil conditions (A, B, C, or D per SCS) and land uses based on existing available zoning and land use maps, the Tarrant County Soil Survey by the Soil Conservation Service (USDA), site observations and known development plans. The computer program HEC-HMS (Hydrologic Modeling System) published by the Hydrologic Engineering Center in Davis, California is a public domain, industry standard software used for October 4th, 2022 Page 4 modeling watersheds of various sizes and is appropriate for use in this study. Promulgated by the U.S. Army Corps of Engineers, this software is approved for use by FEMA for studies submitted for review by the Agency. Two models were developed to represent each condition under consideration. Current conditions and proposed conditions without detention were assessed. Schematics of each condition are included in following sections of this report. All model conditions for off-site sub-basins were developed as described above. These conditions were developed representing current conditions. The overall watershed was assumed to be two- thirds urbanized and one-third open space which is in line with known urbanized condition studies of Bear Creek. Additionally, the urbanized conditions are assumed to be approximately 63% residential and 37% commercial. These approximations are made only to assign a reasonable curve number to the overall watershed, and the sensitivity of these assumptions to the overall conclusion is very small. Off-site areas have been modeled the same for both existing and proposed conditions. For proposed on-site conditions, Curve Numbers were applied according to the development plan and time of concentrations were calculated according to the applicable criteria and proposed development. SITE CONDITIONS The project site has been used for two single family residences in relatively recent past, but for the purposes of this analysis, it is assumed to be fully undeveloped. The property is wooded with significant tree cover. The site is proposed for develop 10.6 of the 13.9 acre site with single family residences with lots exceeding 20,000 sf. Runoff from the site will combine with floodwaters from Bear Creek at the immediate downstream end of the site. October 4th, 2022 Page 5 BASIN MODELS (CURRENT & PROPOSED) October 4th, 2022 Page 6 CURVE NUMBER SUMMARY SOIL SUMMARY BEAR CREEK RATING ACRES IN AOI PERCENT OF AOI A 412 2.2% B 5614 29.3% C 5119 26.7% D 8018 41.8% Total:19163 100% LAND USE BEAR CREEK % AREA OPEN SPACE 33% URBANIZED-COMMERCIAL 25% URBANIZED-RESIDENTIAL 42% SOIL SUMMARY BLUFFS RATING ACRES IN AOI PERCENT OF AOI A 0.0 0.0% B 4.9 35.3% C 2.0 14.4% D 7.0 50.4% Total:13.9 100% WEIGHTED CURVE NUMBER Drainage Open Space (Fair Condition) Urban Commercial Urban Residential (38%) Area A B C D A B C D A B C D Weighted CN 49 69 79 84 89 92 94 95 61 75 83 87 CN BEAR CREEK 0.7% 9.7% 8.8% 13.8% 0.5% 7.3% 6.7% 10.5% 0.9% 12.3% 11.2% 17.6% 83 BLUFFS EX 0.0% 35.1% 14.6% 50.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 78 BLUFFS PROP 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 35.1% 14.6% 50.3% 82 October 4th, 2022 Page 7 TIME OF CONCENTRATION/LAG TIME BEAR CREEK MAIN CHANNEL LENGTH = 93,600 FT AVERAGE VELOCITY = 6.0 FPS UPPER WATERSHED Tc = 45 MIN OVERALL Tc = 45 MIN + (93,600 FT / 6.0 FPS)/60 = 305 MIN LAG TIME = 0.6 * 305 MIN = 183 MIN BLUFFS Tc = 15 MIN (RESIDENTIAL) LAG TIME = 0.6 * 15 MIN = 9 MIN FLOW SUMMARY CONCLUSIONS AND RECOMMENDATIONS Based on the results of this analysis, the development of site has no effect on the rate of flow immediately downstream of the development. Therefore, detention is not recommended nor required by existing standards. An electronic copy of the HEC-HMS (v.4.9) model will be provided for convenience of review by the City to confirm the information provided in this report. The work product is confidential and remains the property of Redinger Group, LLC.. Of course, this report remains public record once submitted but the electronic files remain privileged. PEAK DISCHARGE DP-1 (CFS) STORM EXISTING PROPOSED DIFF. 2-YR 6,021 6,021 0 5-YR 9,643 9,643 0 10-YR 12,544 12,544 0 25-YR 16,557 16,557 0 50-YR 19,698 19,698 0 100-YR 23,008 23,008 0 SOUTHLAKECOLLEYVILLEKELLERFORT WORTHHASLETGRAPEVINEPROJECT SITEBEAR CREEKNORTH RICHLAND HILLSFL DISTANCE = 93,600 LFNORTH P R E L I M I N A R YFOR REVIEW ONLYNot for Construction or Permit PurposesP.E. No.EngineerDateCLAYTON T. REDINGER9749710/05/2022REDINGER GROUP, LLCP.O. BOX 93206SOUTHLAKE, TEXAS 76092PHONE: (817) 253-5727ENGINEERING FIRM REGISTRATIONNUMBER F-23328 October 4th, 2022 Page 8 HMS RESULTS 2-YR (50%) 5-YR (20%) October 4th, 2022 Page 9 10-YR (10%) 25-YR (4%) October 4th, 2022 Page 10 50-YR (2%) 100-YR (1%) Hydrologic Soil Group—Tarrant County, Texas (BBC WATERSHED) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/30/2022 Page 1 of 5 32° 59' 57'' N 97° 21' 43'' W32° 59' 57'' N97° 6' 12'' W32° 51' 28'' N 97° 21' 43'' W32° 51' 28'' N 97° 6' 12'' WN Map projection: Web Mercator Corner coordinates: WGS84 0 5000 10000 20000 30000 Feet 0 1500 3000 6000 9000 Meters Map Scale: 1:111,000 if printed on A landscape (11" x 8.5") sheet. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons A A/D B B/D C C/D D Not rated or not available Soil Rating Lines A A/D B B/D C C/D D Not rated or not available Soil Rating Points A A/D B B/D C C/D D Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:20,000. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Tarrant County, Texas Survey Area Data: Version 19, Sep 10, 2021 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jan 18, 2020—Mar 31, 2022 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Hydrologic Soil Group—Tarrant County, Texas (BBC WATERSHED) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/30/2022 Page 2 of 5 Hydrologic Soil Group Map unit symbol Map unit name Rating Acres in AOI Percent of AOI AgC Aledo gravelly clay loam, 1 to 8 percent slopes D 55.0 0.3% BfB Bastsil fine sandy loam, 0 to 3 percent slopes B 406.4 2.1% BmC Birome fine sandy loam, 1 to 5 percent slopes C 454.2 2.4% BmE Birome-Aubrey-Rayex complex, 5 to 15 percent slopes D 736.9 3.8% BoB Bolar clay loam, 1 to 3 percent slopes C 14.7 0.1% BuA Burleson clay, 0 to 1 percent slopes D 121.1 0.6% BuE Birome-Aubrey-Urban land complex, 5 to 15 percent slopes D 167.3 0.9% CrB Crosstell fine sandy loam, 1 to 3 percent slopes D 1,056.7 5.5% CrD Crosstell fine sandy loam, 3 to 8 percent slopes D 1,825.1 9.5% CuC Crosstell-Urban land complex, 1 to 5 percent slopes D 101.0 0.5% Ff Frio clay loam, 0 to 1 percent slopes, frequently flooded C 335.8 1.8% GfB Gasil fine sandy loam, 1 to 3 percent slopes B 1,731.2 9.0% GfC Gasil fine sandy loam, 3 to 8 percent slopes B 1,225.3 6.4% GgC Gasil sandy clay loam, graded, 1 to 5 percent slopes B 43.6 0.2% GuC Gasil-Urban land complex, 1 to 8 percent slopes B 143.2 0.7% KoC Konsil fine sandy loam, 1 to 5 percent slopes B 80.1 0.4% LdB Lindale clay loam, 1 to 3 percent slopes C 363.8 1.9% LeB Leson clay, 1 to 3 percent slopes D 466.5 2.4% Hydrologic Soil Group—Tarrant County, Texas BBC WATERSHED Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/30/2022 Page 3 of 5 Map unit symbol Map unit name Rating Acres in AOI Percent of AOI LnB Lindale-Urban land complex, 1 to 3 percent slopes C 14.3 0.1% LoB Lott silty clay, 1 to 3 percent slopes C 16.2 0.1% MaA Mabank fine sandy loam, 0 to 1 percent slopes D 73.7 0.4% MeE Medlin clay, 5 to 15 percent slopes D 30.8 0.2% MgB Mingo clay loam, 1 to 3 percent slopes D 186.5 1.0% NaB Navo clay loam, 1 to 3 percent slopes D 393.9 2.1% NauB Navo-Urban land complex, 1 to 3 percent slopes D 99.9 0.5% PIT Pits, quarries, 0 to 45 percent slopes D 6.9 0.0% PoB Ponder clay loam, 1 to 3 percent slopes C 1,280.6 6.7% Ps Pulexas fine sandy loam, frequently flooded A 412.1 2.2% PuB Ponder-Urban land complex, 0 to 3 percent slopes C 71.2 0.4% PvB Purves clay, 1 to 3 percent slopes D 214.4 1.1% RaA Rader fine sandy loam, 0 to 3 percent slopes C 2,477.7 12.9% RuA Rader-Urban land complex, 0 to 3 percent slopes C 90.6 0.5% SaB Sanger clay, 1 to 3 percent slopes D 399.1 2.1% SaC Sanger clay, 3 to 5 percent slopes D 48.3 0.3% SbB San Saba clay, 0 to 2 percent slopes D 195.4 1.0% ScA Slidell clay, 0 to 1 percent slopes D 52.0 0.3% ScB Slidell clay, 1 to 3 percent slopes D 314.3 1.6% SfC Silawa fine sandy loam, 3 to 8 percent slopes B 332.4 1.7% SnC Sanger-Urban land complex, 1 to 5 percent slopes D 425.8 2.2% Hydrologic Soil Group—Tarrant County, Texas BBC WATERSHED Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/30/2022 Page 4 of 5 Map unit symbol Map unit name Rating Acres in AOI Percent of AOI SpB Speck clay loam, 0 to 3 percent slopes D 40.5 0.2% SsC Silstid-Urban land complex, 1 to 5 percent slopes B 101.8 0.5% SsD Silstid loamy fine sand, 1 to 5 percent slopes B 1,154.5 6.0% W Water D 35.9 0.2% Wf Whitesboro loam, frequently flooded B 395.7 2.1% WsA Wilson clay loam, 0 to 2 percent slopes D 924.4 4.8% WuA Wilson-Urban land complex, 0 to 2 percent slopes D 46.5 0.2% Totals for Area of Interest 19,163.3 100.0% Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Hydrologic Soil Group—Tarrant County, Texas BBC WATERSHED Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/30/2022 Page 5 of 5 Hydrologic Soil Group—Tarrant County, Texas (BLUFFS BOUNDARY) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/30/2022 Page 1 of 33642510364255036425903642630364267036427103642750364279036425103642550364259036426303642670364271036427503642790674980675020675060675100675140675180675220675260675300675340675380675420 674980 675020 675060 675100 675140 675180 675220 675260 675300 675340 675380 675420 32° 54' 33'' N 97° 7' 44'' W32° 54' 33'' N97° 7' 27'' W32° 54' 24'' N 97° 7' 44'' W32° 54' 24'' N 97° 7' 27'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 14N WGS84 0 100 200 400 600 Feet 0 30 60 120 180 Meters Map Scale: 1:2,090 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons A A/D B B/D C C/D D Not rated or not available Soil Rating Lines A A/D B B/D C C/D D Not rated or not available Soil Rating Points A A/D B B/D C C/D D Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:20,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Tarrant County, Texas Survey Area Data: Version 19, Sep 10, 2021 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Nov 11, 2020—Dec 10, 2020 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Hydrologic Soil Group—Tarrant County, Texas (BLUFFS BOUNDARY) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/30/2022 Page 2 of 3 Hydrologic Soil Group Map unit symbol Map unit name Rating Acres in AOI Percent of AOI BmC Birome fine sandy loam, 1 to 5 percent slopes C 2.0 14.6% BmE Birome-Aubrey-Rayex complex, 5 to 15 percent slopes D 7.0 50.3% GfC Gasil fine sandy loam, 3 to 8 percent slopes B 3.9 28.0% Wf Whitesboro loam, frequently flooded B 1.0 7.2% Totals for Area of Interest 13.9 100.0% Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Hydrologic Soil Group—Tarrant County, Texas BLUFFS BOUNDARY Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 9/30/2022 Page 3 of 3 P R E L I M I N A R Y FOR REVIEW ONLY Not for Construction or Permit Purposes P.E. No. Engineer Date CLAYTON T. REDINGER 97497 11/10/2022 PREPARED FOR:WILLOWTREE DEVELOPMENT, LLC 680 N. CARROLL AVE., SUITE 100 SOUTHLAKE, TEXAS 76092 PHONE: (817) 617-9105 REDINGER GROUP, LLC P.O. BOX 93206 SOUTHLAKE, TEXAS 76092 PHONE: (817) 253-5727 ENGINEERING FIRM REGISTRATION NUMBER F-23328( IN FEET )1 INCH = FTNORTH URBAN FORESTRY PLAN THE BLUFFS AT COLLEYVILLE COLLEYVILLE, TEXAS P R E L I M I N A R Y FOR REVIEW ONLY Not for Construction or Permit Purposes P.E. No. Engineer Date CLAYTON T. REDINGER 97497 11/10/2022 PREPARED FOR:WILLOWTREE DEVELOPMENT, LLC 680 N. CARROLL AVE., SUITE 100 SOUTHLAKE, TEXAS 76092 PHONE: (817) 617-9105 REDINGER GROUP, LLC P.O. BOX 93206 SOUTHLAKE, TEXAS 76092 PHONE: (817) 253-5727 ENGINEERING FIRM REGISTRATION NUMBER F-23328 TREE LIST THE BLUFFS AT COLLEYVILLE COLLEYVILLE, TEXAS P R E L I M I N A R Y FOR REVIEW ONLY Not for Construction or Permit Purposes P.E. No. Engineer Date CLAYTON T. REDINGER 97497 11/10/2022 PREPARED FOR:WILLOWTREE DEVELOPMENT, LLC 680 N. CARROLL AVE., SUITE 100 SOUTHLAKE, TEXAS 76092 PHONE: (817) 617-9105 REDINGER GROUP, LLC P.O. BOX 93206 SOUTHLAKE, TEXAS 76092 PHONE: (817) 253-5727 ENGINEERING FIRM REGISTRATION NUMBER F-23328 TREE LIST THE BLUFFS AT COLLEYVILLE COLLEYVILLE, TEXAS P R E L I M I N A R Y FOR REVIEW ONLY Not for Construction or Permit Purposes P.E. No. Engineer Date CLAYTON T. REDINGER 97497 11/10/2022 PREPARED FOR:WILLOWTREE DEVELOPMENT, LLC 680 N. CARROLL AVE., SUITE 100 SOUTHLAKE, TEXAS 76092 PHONE: (817) 617-9105 REDINGER GROUP, LLC P.O. BOX 93206 SOUTHLAKE, TEXAS 76092 PHONE: (817) 253-5727 ENGINEERING FIRM REGISTRATION NUMBER F-23328 TREE LIST THE BLUFFS AT COLLEYVILLE COLLEYVILLE, TEXAS The Bluffs The current preliminary Urban Forestry Plan has many trees that are not specific on tree identification, but rather give the common name of the genus. For example, many are listed simply as “oak” or “elm”. The instances where the exact tree species matters is when it is a size and/or species that determines whether or not it is a Heritage Tree (mitigation) or a Non-protected Tree (preservation percentage) We will require verification and will perform a survey audit if this project moves to the next stage. In order to review this preliminary plan in the most code restrictive manner I have converted all of the non-specific tree species to what they are most likely to be (based on my knowledge of the site and experience auditing tree surveys in this area). All “oaks” were converted to post oak. Some may be blackjack oak, but it does not matter (15 inches and larger for both species to be a heritage tree). The rest of the non-specific trees such as “elm” and “pine” were converted to the most likely species, but for the purposes of non-protected and heritage trees it makes no difference as long as they are something in the same genus. I have also updated mitigation for heritage trees and exclusion of non-protected tree species. The summary data I am providing is updated and will vary from the applicant’s submittal, but overall preservation percentages will be similar. The following summary does not include the northern property and trees that are in the floodplain. That area has almost 100% canopy cover, but tree species and sizes are unknown. The area is approximately 83,505 sqft or 1.9 acres. It is all being preserved and will add to the numerator and denominator of the preservation calculation, with exception of any non-protected trees. For the bulk of the site for which we have a tree survey, my assessment follows: Total tree canopy – 11.699 acres Required preservation – 5.849 acres (50%) Provided – 6.221 acres (53%) (The addition of the floodplain could possibly bring this to 60%) Required mitigation for removal of Heritage Trees – 549,385 sqft tree planting credit (275 large species tree plantings OR $176,600 fee OR a combination of the two methods. Once the lots are turned over to the builders, each lot will have to preserve 50% of the remaining tree canopy that is outside the residential building area (actual footprint + 10 foot buffer). Page 5-1 Chapter 5 Urban Forestry Section 5.1 Purpose of This Chapter The purpose of this chapter is to promote, conserve, and enhance the City’s Urban Forest by: • Recognizing the historical and cultural importance of the Eastern Cross Timbers and its impact on Colleyville • Recognizing the environmental, economic, social, and aesthetic benefits of trees • Encouraging and facilitating site planning and design which preserves trees and natural areas • Protecting trees during construction • Limiting the removal of trees • Providing for the establishment of a diversity of native and adapted trees. It is the further intent of this chapter to: • Compliment Destination Colleyville, the City of Colleyville Comprehensive Master Plan • Compliment The City of Colleyville Parks Master Plan • Maintain and enhance Colleyville’s identity as a Tree City USA. Section 5.2 Authorization for Adoption of This Chapter The regulations contained in this chapter have been adopted under the authority of Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This chapter is also adopted under the authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 5.3 Variances and Appeals Except where provided in this chapter, any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 – General Provisions of this Land Development Code. Section 5.4 Definitions Definitions applicable to this chapter may be found in Chapter 2 – Definitions of this Land Development Code. Section 5.5 Tree Removal and Damage No person directly or indirectly shall cut down, destroy, remove, move, damage, or effectively destroy through damaging the roots, trunk or canopy, any tree without first obtaining the required approvals or permits as outlined in this chapter, unless otherwise exempted by the provisions of this chapter. Section 5.6 Applicability A. Prior to the following activities, review and approval of that activity’s compliance with this Page 5-2 chapter (Urban Forestry Review) shall be completed by the Administrative Official unless subject to the exemptions in Paragraph B: 1. Removal, damage, or adverse impact of any Protected Tree. 2. Construction or expansion of structures for which a building permit is required. 3. Demolition of structures. 4. Clearing, grading, excavation, filling, or paving on any site or property that has existing Protected Trees. 5. Subdivision of land into lots by Preliminary Plat, Final Plat, Minor Plat, or Replat. 6. Required site and landscape plan submittals for commercial or institutional uses as well as any site plans for a PUD, SUP, or other Zoning Case. B. Exemptions to Urban Forestry Review: 1. Authorized City employees or contractors and authorized Franchise Utility employees or contractors may, in the course of official business, remove, damage, or adversely impact Protected Trees or portions thereof which exist in a dedicated public street right-of-way or a public utility easement which the City or Franchise Utility has an interest in. The removal, damage, or adverse impact shall be limited to the extent reasonably necessary to install, maintain, or replace utilities or infrastructure. If a Tree Preservation Plan is approved showing to preserve trees in public utility easement or street right-of-way dedicated for new or expanding streets, then those trees shall be preserved and protected per the approved plans. Ordinance O-98-1130 shall govern management and control of all trees within City street right-of-ways, City public parks, and City owned facilities. 2. Any of the above activities may be done without Urban Forestry Review on properties with an active single-family use that are zoned RE, R-40, R-30, R-20, & R-15 and where a habitable single-family home exists and is occupied as the primary residence of the landowner. If the landowner owns contiguous individual lots or tracts, the sum of all land shall be used to determine the size restriction of this exemption. 3. All landscape nurserymen shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the nursery premises which are planted and grown for the sale or intended sale to the general public. Section 5.7 Tree Preservation and Canopy Cover All new development and redevelopment, to include additions, shall provide a minimum site tree canopy coverage per this Section through preservation of existing trees on the same site and establishment of new trees on the same site. A. Calculation of Tree Canopy: 1. The canopy area for each existing Protected Tree shall be assumed as a circle having a radius in feet equal to the DBH (Diameter at Breast Height) in inches of that tree. Example: A 10 inch DBH tree would have a canopy diameter of 20 feet and a canopy area of 314 square feet. 2. Protected Tree. A Protected Tree is defined as a woody perennial plant which has attained a DBH of six (6) inches or more and has an overall height of at least fifteen (15) feet. Mesquite (Prosopis glandulosa), Hackberry/Sugarberry (Celtis laevigata), Chinese Tallow (Triadica sebifera), Hercules’ Club (Zanthoxylum clava- herculis), Honeylocust (Gleditsia triacanthos), Osage Orange (Maclura pomifera), Callery Pear (Pyrus calleryana), Chinaberry (Melia azedarach), Eastern Cottonwood (Populus deltoides) less than 18 inches DBH, and Eastern Redcedar (Juniperus virginiana) less than 13 inches DBH are excluded from this category and are considered Non-Protected Trees. Any Non-Protected tree used as a replacement (mitigation) tree or as a required tree on a commercial landscape plan shall require replacement (if removed) with a tree or trees that meet the caliper or canopy requirements for that lot, land use, or district. Page 5-3 3. The canopy area for each new tree shall be credited based on the categories of large, medium, and small canopy trees: Large – 2,000 sq. ft.; Medium – 1,000 sq. ft.; Small – 100 sq. ft. The Administrative Official shall develop, update, and maintain on file a list of tree species and their associated size category and canopy credit. B. Non-single-family residential uses: 1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the Commercial Building Envelope (building footprint plus a five (5) foot buffer) shall be required. 2. In addition to the minimum tree preservation as required in #1, provision of a minimum of 50% site tree canopy coverage on the lot outside the Commercial Building Envelope (building footprint plus a five (5) foot buffer) shall be required. This is accomplished through the preservation of existing trees and/or the supplemental planting of new trees per the tree planting credit in Paragraph ‘A’ above. See appendix ‘A’ for examples. C. Development or redevelopment of single-family residential uses on individual lots or tracts: 1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the Residential Building Envelope (building footprint plus a ten (10) foot buffer) shall be required. 2. In addition to the minimum tree preservation as required in #1, provision of a minimum of 50% site tree canopy coverage on the lot outside the Residential Building Envelope (building footprint plus a ten (10) foot buffer) shall be required. This is accomplished through preservation of existing trees and/or the supplemental planting of new trees per the tree planting credit in Paragraph ‘A’ above. See appendix “A” for examples. D. Additions and expansions to existing single-family residential uses on individual lots or tracts: 1. When an addition or expansion to the footprint of a single-family residence equals 50% or more of the existing footprint, the regulations per Paragraph ‘C’ above shall apply. E. Development of new single-family residential subdivisions: 1. Preservation of a minimum of 50% of the Protected Tree Canopy on the entire subdivision shall be required. The calculation shall include Protected trees located in newly dedicated streets (public or private), public water, sanitary sewer, gas, electric, telecommunication, drainage and general utility easements. The calculation shall exclude trees located in existing public utility easements containing existing in-service water, sanitary sewer, gas, electric, or telecommunication installations as well as additional public street right-of-way dedicated adjacent to an existing public or private street. The purpose of not excluding trees in new streets and easements is to promote subdivision design and layout that prioritize preservation of trees. 2. Within the required primary building setback areas (non-buildable areas for primary structure), a minimum of 75% of the Protected Tree Canopy shall be preserved. This is a separate calculation from that in Paragraph E.1. 3. Once the subdivision is constructed, all improvements are accepted by the City, the Administrative Official has inspected and verified compliance with required tree preservation, and Community Development has issued a letter of acceptance allowing submittal of new single-family building permits, then the preservation requirements of Paragraph C shall apply and each lot will be reviewed separately for tree preservation and planting based on that lots remaining trees and proposed location of single-family home. Page 5-4 F. Artificial Lots: 1. When more than 50% of a lot or tract being developed or redeveloped is to remain untouched by tree removal, grading, excavation, filling, paving, or building, then an artificial lot may be delineated around the portion being developed and serve as the basis for calculation of tree canopy preservation and coverage. The delineation should not leave small strips or gaps adjacent to property lines and should generally only leave out one side of a property. Review and pre-approval of delineation for artificial lots shall be required. G. Dead, Declining, and Hazardous Trees: 1. Any tree that the Administrative Official determines to be dead, declining beyond reasonable recovery effort, or that has a high or extreme hazard rating based on the ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall be exempt from inclusion in the review of tree preservation and canopy cover calculation. Section 5.8 Heritage Trees A. Heritage Trees are those specimens that have attained a significant age and are the heritage of earlier residents of Colleyville or simply pre-date the community. All post oaks and blackjack oaks 15 inches DBH (Diameter at Breast Height) and larger, cottonwood, water oak, green and white ash 35 inches DBH and larger, and all other Protected Tree species 25 inches DBH and larger are hereby considered Heritage Trees. B. Removal of any Heritage Tree in any location shall require mitigation by one of the following options: 1. Plant trees with a total canopy credit of five (5) times the canopy area of the removed tree. Trees shall be planted on the same property that the Heritage Trees are removed unless an alternative location within the City is approved by the Administrative Official. The tree planting standards of Section 5.10 shall apply. 2. Pay into the City of Colleyville Tree Fund at a rate of $100 per DBH inch. Section 5.9 Tree Protection Standards The following procedures shall be followed for all construction projects which involve activity that requires Urban Forestry Review, unless an alternative is deemed appropriate by the Administrative Official. A. Pre-Construction: The ensuing procedures shall be followed prior to construction. 1. All Preserved Trees shall have protective fencing located at the tree’s critical root zone. The protective fencing shall be comprised of orange vinyl construction fencing, with a minimum of four-foot (4’) approximate height. 2. Lumber shall be wrapped vertically around the tree trunk and held in place with wire or any other non-damaging method if a tree is within ten (10) feet of the construction of a building or any other situation determined by the Administrative Official that would pose a physical risk to the tree trunk. 3. In order to prevent damage to low hanging limbs, anything that may be impacted by equipment shall be pruned according to ANSI A300 standards. 4. Each area of tree protection shall require temporary signage that indicates the area is a “Tree Protection Area” and to “Keep Out”. A wording standard will be developed, updated, and maintained by the Administrative Official. The wording shall be in English Page 5-5 and Spanish and include the appropriate contact phone number with the City to report violations. B. During Construction: The following procedures shall be followed within the limits of the Critical Root Zone (CRZ) of any Preserved Tree for any activity that is subject to the requirements of this chapter. 1. No placement of materials intended for use in construction or waste materials accumulated due to excavation or demolition. 2. No equipment may be cleaned or other liquids deposited. This would include but not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. 3. No signs, wires or other attachments, other than those of a protective nature shall be attached to the trees. 4. No vehicular and construction equipment traffic or parking. 5. Underground utilities shall be bored underneath trees’ CRZ unless pre-approved by the Administrative Official. 6. Irrigation systems shall be designed to NOT require trenching across the critical root zone of any tree unless otherwise approved by the Administrative Official. 7. No digging, building, paving, or elevation changes. . Section 5.10 Tree Planting Standards All new trees required to be planted under this chapter shall meet the following standards. A. Minimum size shall be three (3) inch caliper for large and medium canopy trees and one and one-half (1.5) inches for small canopy trees, measured at six (6) inches above the root flare. B. Minimum spacing between trees is thirty (30) feet for large, fifteen (15) feet for medium, and eight (8) feet for small trees. Adjacent trees of different sizes shall meet the spacing requirement of the smaller tree. C. Trees shall be free from severe bark, cambium, or limb damage due to handling and planting. D. Trees shall be healthy and have minimal branch dieback. E. Trees shall have a single trunk or stem unless they are a small canopy tree whose ornamental value is attributed to having multiple stems. F. Trees shall not have co-dominant terminal leaders. G. Trees shall not be planted with the root collar bellow the soil and mulch shall not be piled up against the trunk. H. Newly planted trees shall be kept healthy and in good condition for a minimum of thirty-six (36) months, or three (3) years. If a newly planted tree does not survive, it shall be replaced with the same or similar tree type (large, medium, or small tree). I. Trees shall be selected from the City of Colleyville Preferred Tree Planting List, to be developed, updated, and maintained on file. Trees outside of the list require pre-approval by the Administrative Official. J. Trees shall not be planted in public utility easements or public street right-of-way without approval of the Administrative Official. . Section 5.11 Permits A. Tree Removal Permit Page 5-6 1. An application for tree removal permit must be submitted, reviewed for compliance with this chapter, and approved prior to the removal of any tree. B. For trees that have become an immediate high hazard to persons or property, the hazard can be mitigated to a safe condition prior to permitting, but the tree parts and evidence of the damage should not be removed from the site unless sufficient photo evidence is taken in advance. An after-the-fact tree removal permit will be required within 30 days of the event and no fees or mitigation will be required as long as sufficient evidence of the hazard can be provided. If trees are removed prior to review or approval of a tree removal permit and no evidence can corroborate the hazard then the City may enforce the penalties of this chapter. C. Fees: All tree removal permits shall be accompanied by a check made payable to the City of Colleyville per the following schedule: 1. A person that owns and has primary residence of a single-family home on a lot or combination of contiguous adjacent lots or tracts that total more than one (1) acre will not be charged a permit fee. 2. All others will require a $50 base fee plus an additional $25 per Protected Tree that is to be removed. 3. Any tree that the Administrative Official determines to be dead, declining beyond reasonable recovery effort, or that has a high or extreme hazard rating based on the ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall be exempt from fees under this Section 5.11(C). Section 5.12 Plan Submittals All activity that requires Urban Forestry Review shall have the following plans submitted for review. The Administrative Official shall maintain and keep on file an outline for all specific items required on the following plans as well as any permit applications or additional documents required for review of each activity. A. Tree Survey: shall include, but is no limited to, an inventory of all Protected Trees on the property, property boundaries, property easements, existing structures and paving, tree trunk location, a unique tree identification number, common name or species, trunk Diameter at Breast Height (DBH), and an outline of the Critical Root Zone (CRZ). If there are no Protected Trees on the property the Administrative Official may waive this submittal. B. Urban Forestry Plan shall include, but is not limited to: property boundaries and easements; building setbacks; all Protected Trees; identify trees to be removed or preserved; outline the preserved trees’ CRZ; show grade changes; show all new improvements such as structures, paving, major utilities; show locations, types, and sizes of new trees. Section 5.13 Penalties and Violations A. Civil Penalty: The Administrative Official shall have the authority to impose a civil tree mitigation penalty on any person, firm, or corporation who causes any Protected Tree to be cut down, destroyed, removed, moved, damaged, or effectively destroyed through damaging the roots, trunk or canopy without first obtaining the required approvals or permits as outlined in this chapter. The violator shall choose one, or a combination of, the violation remedy options contained in this section. The City shall have the authority to hold any development related administrative approvals for the property on which the violation occurred and may impose a stop work order until the penalty is addressed. Where the Page 5-7 DBH size of any tree cannot be measured due to that part of the tree being removed from the site or destroyed, the City shall have the authority to estimate the tree’s DBH size based on any remaining physical evidence, photos, and documents. 1. Option 1. Tree Planting: The violator shall plant new trees with a canopy credit equal to five (5) times the canopy area of the removed trees. If the tree is a Heritage Tree, then the violator shall plant new trees with a canopy credit equal to ten (10) times the canopy area of the removed tree. All tree plantings shall meet the standards of Section 5.10. Trees shall be planted on the same property that the violation occurred unless an alternative location within the City is approved by the Administrative Official. A tree planting plan and timeline for installation of the new trees shall be provided to the Administrative Official no later than 30 days from the date of the offense. The new trees shall be planted no later than 90 days from the date of the offense or, if the site is under construction, the new trees shall be planted prior to final inspections. In the event that the trees are not planted within the prescribed timeframe, the City may delay any related administrative approvals for the property and may impose a lien on the property until such time the trees are planted. 2. Option 2. Tree Fund: The violator shall pay into the City of Colleyville Tree Fund at a rate of $250 per DBH inch of tree removed. If the tree is a Heritage Tree, then the violator shall pay $500 per DBH inch of tree removed. Payment must be provided no later than 30 days after the Offense. In the event that the fees are not paid within the prescribed timeframe, the City may delay any related administrative approvals for the property and may impose a lien on the property until such time the fess are paid. B. Criminal Penalty: In addition to the civil penalties of this chapter, where any person, firm, or corporation violates or fails to comply with any provision or requirement of this chapter, the Administrative Official shall have the authority to issue a citation for a misdemeanor to any and all such persons, firms, or corporations, who upon conviction shall be fined not more than two thousand dollars ($2,000.00) per violation. When the violation involves the cutting down, destruction, removal, or damage to a Protected Tree, each tree shall be considered a separate offense. Additionally, a separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. Section 5.14 Appeals Any appeal to the provisions of this chapter and/or any appeal to a decision of the Administrative Official relative to the provisions of this chapter shall be heard by the City Council. Section 5.16 Amendments Reserved for listing of amendments to this chapter. Ord. Number Date Subject O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of consultant O-14-1933 10/6/2014 Comprehensive amendments including incentives for preserving native tree stands, addition of fees, changes to penalties and other modifications O-19-2073 01/22/2019 Substantial amendment to the chapter as part of a total LDC review Page 5-8 Appendix “A” MELANIE DRIVE POOL ROADCOLE COURTLONG W OOD D R I V E D A N I E L L E D R I V E CONNIELANEW I L K E S D R I V EBROADOAKWAY WILKESCOURTINDIA COURTATLANTA DRIVEUP L ANDL A N E S T I L L P O I N T L A N E GLENVIEWLANEWANDERINGW A Y T W E L V E OA KS LA NE GL ENHOP E C I R C L E N Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-036 K2417 Wilkes Drive Subject Property 500ft Buffer Properties within 500ft NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, October 10, 2022 at 7:00 p.m. City Council Meetings: Tuesday, November 1, 2022 & Tuesday, November 15, 2022 at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a zoning change from the AG Agricultural and RE Single Family ‘Estate’ Residential district to the PUD-R Planned Unit Development - Residential district. The request is to rezone the property to allow for a new 21 lot subdivision, Wilkes Knoll. It proposes lot sizes ranging from approximately 15,500 sq.ft. up to 25,500 sq.ft., the average being approximately 19,500 sq. ft. Zoning Case:ZC22-036 Applicant:Curtis Young Owner: Mark Goodwin Location:2417 Wilkes Drive & 6900 Pool Road Property Description:Tract 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey, and Lot 1, Block 1, Cero Addition Present Zoning:AG Agricultural and RE Single Family ‘Estate’ Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 NOTICE OF PUBLIC HEARING If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Planning Manager jreyff@colleyville.com Owner Name Owner Address Owner City ABSHIRE, RICHARD 2606 TWELVE OAKS LN COLLEYVILLE, TX ACTKINSON, K TRS 2500 TWELVE OAKS LN COLLEYVILLE, TX AGUIRRE, JASON 2402 WILKES DR COLLEYVILLE, TX ALVARADO, ALEX 2407 TWELVE OAKS LN COLLEYVILLE, TX ANDERSON, CHARLES 2414 WILKES DR COLLEYVILLE, TX BLAXTON, MATHEW 6903 LONGWOOD DR COLLEYVILLE, TX BRADY, MICHAEL 2406 TWELVE OAKS LN COLLEYVILLE, TX BURKE, MICHELLE E 2406 WILKES DR COLLEYVILLE, TX CAMPBELL, CYNTHIA KAY 2410 WILKES DR COLLEYVILLE, TX CARROLL, ANTHONY L 2605 TWELVE OAKS LN COLLEYVILLE, TX CHAWNER, JOHN 2601 TWELVE OAKS LN COLLEYVILLE, TX COOK, PAUL 2411 WILKES DR COLLEYVILLE, TX COSAND, JEFFREY W 2604 TWELVE OAKS LN COLLEYVILLE, TX COWGILL, JARED 2600 TWELVE OAKS LN COLLEYVILLE, TX DAULERIO FAMILY REVOC TRUST 2603 TWELVE OAKS LN COLLEYVILLE, TX DELUCA, SALVATORE 2404 WILKES DR COLLEYVILLE, TX DRIES ERIK 2503 TWELVE OAKS LN COLLEYVILLE, TX EGAN, ROBERT ELLIOTT 2410 TWELVE OAKS LN COLLEYVILLE, TX FARRELL, MICHAEL T 2504 TWELVE OAKS LN COLLEYVILLE, TX GASKA, ANDREW PETER 6801 INDIA CT COLLEYVILLE, TX GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX HEARN, ELIZABETH 2409 WILKES DR COLLEYVILLE, TX HEMINGER, VICTORIA 6804 ROCKBROOK CT COLLEYVILLE, TX HOWARD FAMILY REVOC LIVING TRUST 2509 TWELVE OAKS LN COLLEYVILLE, TX JOHANNESSEN, CAROL J 2507 TWELVE OAKS LN COLLEYVILLE, TX JORDAN, HENRY 2505 TWELVE OAKS LN COLLEYVILLE, TX KIRKPATRICK, D A 2403 WILKES DR COLLEYVILLE, TX LAVAS, TIMOTHY J 2405 WILKES DR COLLEYVILLE, TX MARTINEZ, STEFANIE 2508 TWELVE OAKS LN COLLEYVILLE, TX MCKENNEY, ROSS S 2607 TWELVE OAKS LN COLLEYVILLE, TX MILLER, ROBERT 2407 WILKES DR COLLEYVILLE, TX MOHAWK LIVING TRUST 6800 INDIA CT COLLEYVILLE, TX MOORE, ERIC M 6805 ATLANTA DR COLLEYVILLE, TX NEAL, RONALD 2501 TWELVE OAKS LN COLLEYVILLE, TX NORRIS, MICHAEL 2602 TWELVE OAKS LN COLLEYVILLE, TX ORLER, JOHN J 2408 TWELVE OAKS LN COLLEYVILLE, TX PADILLA, MARCO A 6901 LONGWOOD DR COLLEYVILLE, TX PORTER, WILLIAM G 2506 TWELVE OAKS LN COLLEYVILLE, TX REED, CLAY P 6806 ROCKBROOK CT COLLEYVILLE, TX RICHARD, RANDALL M 6709 INDIA CT COLLEYVILLE, TX ROBERT & RITA MARIE ZEBIAN REVOC TRUST 6708 INDIA CT COLLEYVILLE, TX ROBERTSON, BARRY E 2415 WILKES DR COLLEYVILLE, TX ROBINSON, DANIEL 6802 INDIA CT COLLEYVILLE, TX ROSS DOWNS ESTATES 4113 GATEWAY DR STE 100 COLLEYVILLE, TX SCHAEFER, JOHN W 6803 ATLANTA DR COLLEYVILLE, TX STEWART, BRIAN 2502 TWELVE OAKS LN COLLEYVILLE, TX STONE, BRYCE 6802 ROCKBROOK CT COLLEYVILLE, TX TAYLOR, STACEY 4501 SHADYCREEK LN COLLEYVILLE, TX THOMPSON, TERESEA 2409 TWELVE OAKS LN COLLEYVILLE, TX TICHACEK, PAUL V 2403 TWELVE OAKS LN COLLEYVILLE, TX TRIMBLE, DENNIS 6803 INDIA CT COLLEYVILLE, TX UNIQUE FORTUNE LLC 400 N CARROLL AVE SOUTHLAKE, TX VANZANT, JEFFERY 2412 WILKES DR COLLEYVILLE, TX WARD, SALLY 6801 ATLANTA DR COLLEYVILLE, TX WASSON, STEVEN W 2413 WILKES DR COLLEYVILLE, TX WATERWORTH FAMILY REVOC TRUST 6808 ROCKBROOK CT COLLEYVILLE, TX WEIR, RICKY G 2405 TWELVE OAKS LN COLLEYVILLE, TX YOUNG, CURTIS 1130 N CARROLL AVE STE 200 SOUTHLAKE, TX Opposition for The Bluffs at Colleyville Received as of Wednesday, February 15, 2023 All letters may be reviewed at the following link: https://colleyville.files.com/f/2ce47bea8dd69050 Last Name First Name Acevedo Neyra Actkinson Karen Adams Amy Aguirre Jason Akins Emily Aksamit Paul Alexander Carmen Alexander Cheryl Alexander David Alshire Dale Alshire Sue Alvarado Alex Anciola Araceli Southlake Ander Dale Grapevine Anderson Charles 2 Anderson Payton Anderson Teresa Anthony Brenda Anthony Katherine Irving Antonisse Rene Apaliski Anne-Marie Arce Alexis Arsement Daka Ash Maureen Bailey Chad Grapevine Bailey Shirley Baker Michelle Ballauer Helen Grapevine Banta Steve Bartman Richard Bartman Vicci Barton Kristin Bashore Michael Bashore Stephanie Basu Madhuri Bearrie John Beggs Ann Beggs Darla Bellucci Denise Benzick Uma Blair Dana Boatman Beth Bohannon Jennifer Bonhard Eric Borkowski Patricia Boswell Kara Boughton Chandra Grapevine Bowman Kirk Bowman Nancy Boyer Kimberly Bransky Dawn Bristol Tracy Brittain Ben Britten Lacy Brock Maria Brockman Jennifer Bronk John Browder John Brown Bing Grapevine Brown Gina Grapevine Brown Karin Bryant Consolata Burek Sheryl Burke Kaye Burke Kenneth Burles Patricia Burton Jennifer Bedford Cammack Jeannie Campbell Cyndi Capello Melissa Capelo Renee Capelo Roderick Carr Kemal Carrasco Tricia Carrocci Paul Carroll Jessica Carson Bill Castillo Roger Castleberry Clayton Grapevine Cauwels Diane Grapevine Chapman Tessa Chartier Melissa Chasczewski Deb Chatelain Gary Cherek Ali Chibli Maricela Choate John Cisek Kim Civitano Kathleen Clark Charles Clark Janemarie Clemens Kyle Cockerham Vicki Collier Kim Collum Amy Condon John Connell Kelli Connor Colleen Conover Cody Cook Mark Cook Paul Cooper Danielle Corder Mark Corey Jillian Corey Michael Cotten Leon Cowgill Angie Cowgill Jared Cox John Crabtree Thomas Crawford Kristen Cross Melissa Cywinski Laura Dacus Michele Daniels Anita Grapevine Daulerio Jane Davis Astyn Decker Scott Dellecase Emmanuel DeLuca Salvatore DeLuca Sharon deMarrais Ashley Denne Jennifer DePue Jim DeSarno Joyce DeSarno Rodger Dielman Karen Dinh Mary Dixon Lisa Dodds Jean Domenick Ronni Grapevine Drautz Gene Drautz Sue Dries Dena Drost Allison Drost Corrine Duarte Ben Duarte Carla Duff Jill Duncan Nancy Grapevine Dunn Don Dunn Donna Grapevine Dunn Tracy Dwyer Jenna Dyson Anne Dyson Jeff Dzura Patricia Edington Cindy Edwards Brian Elmore Carole Emerson-Ennis Judith Engelhardt David Erdner Carol Farinella Heidi Fazio Gary Fennelly Robert Fiegel Jeffrey Fields Paul Grapevine Finnigan Jay Fisher Jax Fisher Joyce Fisher Pat Fisher Thomas Fittz Dean Flamm Lisa Flynn Jamie Ford Hollee Foster Monica Freeman Dori Freeman Tim Gable Mike Gable Patricia Gallian Elizabeth Galloway Greg Gaska Andrew Gassert Scott Gauer Frances George James Gerhardt Heidi Gettig Phillip Gilani Amyn Ginevich Rost Glatz Greg Glatz Shana Goldberry Gerremy Golden Jo Lynn Grant Jim Grant Kim Graves Valerie Green Alan Grieco Russ Griffin Jon Grapevine Griffith Anna Guilford Lori Guthrie Monty Haake Erio Haaker Shelley Hamilton Jeannette Grapevine Hamrich Stephen Harig Jessica Harrison Mendy Harvey Carol Hasselle Bonnie Hasselle Mike Hassemer Jody Hawkins Donna Hawthorne Kim Hays David Hearn Elizabeth Hearn Marc Hearn Sam Heller Kathy Helmes Quenton Heminger Victoria Hennessee Shelley Hennessey Kate Heppenstall Kari Hernandez Jacob *Unsure of last name Hernandez Joseph *Unsure of last name Hickey Cheryl Hurst Hickfang Scott Hicks Jinky Hill Susan Hoffman Michele Grapevine Horton Scott Horton Tony Hott Dawn Hott Michael Housepain Donna Housepain Ma Houser Steve Wylie Howard Brian Hubnik Melody Huckins Brett Hudda Samina Isley Leslie Iven Sarah Jacobi Nancy Jahner Lori Jaynes Clint Jeanes Fredric Jensen Rosane Grapevine Johannessen Carol Johnson Jennifer Johnson Parker Jones Canice Jones Jonathan Jordan Henry Kaiser Ramiz Kane Marietta Kaviani Pari Kazi Sharon Keeley Julia Kelley Ann Kelley Wade Kelly Patricia Grapevine Kendall Charles Kendall Janeen Keyes Andrea Khalil Manal Kiefer Andy Kijowski Sue Kinard Lucas Kinnebrew Samantha Kirkpatrick David Kirkpatrick Nancy Kitowski Camden Klingelhoefer Nicole Klotz Stephen Konkle Carolyn Kopp Richard Kopp Robert Korb Garrett Kouzes Kyle Kubo Tracy Kungurtsev Sveta Grapevine Kurtz Bonnie Lambeth Jeffrey Grapevine Lancor Nancy Landfield Teresa Langdon George Lankford Charles Lankford Lisa Larkin Linda Larson Anthony Larson Frank Larson Jody Larson Thomas Lathouwers Kevin Lavas Debbie Lavas Tim Leathers Kristine Lee Mark Leeman Laura Leonard Brook Grapevine Lewis Justin Lewis Lloyd Liao Sherry Liggett Debbie Liggett Ronnie Lindley Gail Lindley Swift Lively Petra Logan Deborah Long Wendy Lord Julie Love Ken Lownds Megan Lownds Steve Lucht Julie Luna Perla Grapevine Lykins Debbie Lynch Ryan Maglio Carol Mahoney Mary Malin Isabel Malley Robert Marsh William Marshall Janet Marshall Jonathan Martens Ann Martin Cori Martin Margaret Martin Matthew Martin Teresa Martin Teresa Mask Carmen Matschulat Joey Grapevine Mavis Beverly McAnderson Marvin McClure Mindy McCully Savannah McCurry Kathy McDonald Maggie McGarry John McGee Hannah McKenney Ross McKenney Sharon McKissick Kevin McKnight Wesley McLaughlin Kristin Meadows David Meyer Carissa Meyers Ollie Miller Mark Miller Michelle Miller Rob Miller Shirley Miller Vic Mills Lisa Mitchell Kathy Molina Claudia Monks Thomas Montano Maryna Montemayor Pedro Moore Bridget Moore Cindi Moore Eric Moore Joshua Moore Shari Grapevine Moreland Jennifer Grapevine Morgan Brian Morin Pam Mullens Melanie Musso Anthony Nash Robert Nasrallah Christie Neal Jenifer Neal Ron Nelson Keith Neuman Tim Nguyen Angelina Nguyen Hung Nicholson MaryAnn Nickel David Nieschlag Eyong Grapevine Nieschlag Russell Grapevine Northup Andy Oetman Brandy Ogle Suzanne Okwena Gideon Oles Phillip O'Neal Brian O'Quinn Pam O'Quinn Pamela Osborne Jill Ostman Neal Paul Carole Peek Darcy Peiffer Beth Peltier Angela Peterson Lisa Phillips Gary Phillips Susan Phoenix Geri Pinero Martin Piper Heidi Pitzele Julianne Polk Lisa Pompetti Lynne Porter William Pratt Emma Pratt Kristen Prell Rebecca Grapevine Prendergast Colby Primm Denise Prince Rebecca Pruitt Dennis Przano Dawan Quinn Diana Ransom CJ Rasheed Abdul Rashid Saima Rawlinh Scott Reardon Sandra Reed Aaron Reed Brandy Reed Clay Reed David Reed David Reed Sue Reed Thomas Reed Valarie Reinhardt Dawne Reising Kelli Repass Angie Richard Angele Richard Randall Richardson Bobanne Richmond Kathleen Rickards Caroline Hurst Riddle Leslie Roach Debbie Roach Don Roach Susan Robert Rebecca Roberts Alison Robertson Sandra Robinson Dan Rodgers Stuart Rogachuk Suzanne Rogers Kim Rogers Kimberly Roso Debbie Rottlans Stephanie Rowe Thomas Rup Chris Rup Jan Russell Mary Salinsky Jon Grapevine Salinsky Shannon Grapevine Samaniego Omar Sandy Abby Grapevine Sangermano Damita Grapevine Sargent Stephen Sawyers Norma Sayre Larry Scanland Colleen Schaefer John Schaefer Judith Schellen Julie Schellen Mike Schlotzhauer Chris Schoffler Jerome Schofield Debra Schofield Lyle Seales Richard Seibert Julie Seifert Patricia Setser Dallas Shahan Jennifer Shankle Stephanie Shelton Lana Shetty Sudhin Simpson Jon Sims Chris Sinex Bradford Singles Leslie Sirotnak Michele Skotak Pam Hurst Sligar Brandi Smartis Colette Smith Bradley Smith Ellie Smith Felicia Smith Matthew Soliman Ayman Sporisky Julie Stadler Teresa Stanley Joel Stanley Lee Stark Stephanie Stephens Barb Sterrenberg Robbin Stevens Andrew Stewart Brian Stewart Pamela Stone Ashley Stone Ashley Stone Bryce Strasner Hillary Stubbe Alison Stufflebeme Sharon Summers Gordon Swindell Edie Szilagyi Dan Szilagyi Tracye Tadrous Lucy Talbott Julie Tallo Jeremy Tang Yuan Tanner Ashley Taylor Catherine Grapevine Teater Sean Tennery Patricia Thomas Jenny Thompson William Tichacer Paul Tomanka Gary Toney Dave Trimble Dennis Trimble Karen Trimble Sarah Tucker Genna Ulery Kristie Valenti Cynthia Valliani Currim Hurst Vanzant June Vanzant Michael Vegors Jenn Grapevine Voelkle Rhea Wagner Julie Walker Andrea Walton Kim Warner Regina Wasson Jacqueline Wasson Steven Waterworth Leisa Watson Margaret Weaver James Wedemeyer Elizabeth Weiler Diana Weiler Eric Weitzer Amber Weitzer Chris Welch Paula West Donna West Terri Trophy Club Wewers Mark Wheeler Robert White Chuck White Kay White Pat Wickstrom Sandra Williams Judy Williams Kelli Williams Michael Williky Rob Willingham Guy Wollin Carol Wollitz Mike Wood Jean Yan Xin Yeargin Barbara Young Stephen Zebian Rita Zebian Robert Carlos *Unsure of last name ORDINANCE O-23-2233 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 13.89 ACRES BEING TRACT 1B1, 1C1, 1B2, AND 1B3, ABSTRACT 294, ROBERT CHOWNING SURVEY, AND LOT 1, BLOCK 1, CERO ADDITION, LOCATED AT 2417 WILKES DRIVE AND 6900 POOL ROAD FROM THE AG AGRICULTURAL DISTRICT AND RE SINGLE FAMILY ‘ESTATE’ RESIDENTIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT – RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC22-036; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Ordinance O-22-2233 Page 2 of 7 Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 13.89 acres, being Tract 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey, and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900 Pool Road from the AG Agricultural district and RE Single Family ‘Estate’ district to the PUD-R Planned Unit Development – Residential zoning district, as depicted in the attached Exhibit “A” and Exhibit “B”. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is to allow for a single-family residential development of detached dwelling units. b. The property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit “C”, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit “C” to accommodate topographic, drainage, engineering design limitations, or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUD-R. Ordinance O-22-2233 Page 3 of 7 3. PERMITTED USES a. Single-family residences, detached; limited to no more than 18 lots as shown on the attached Development Plan. b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Single-family detached residential lot requirements and setbacks shall comply with the following R-20 zoning district and subject to the following provisions: a. Minimum Lot Size 20,015 s.f. b. Minimum Lot Width Eighty feet (80’) measured at the building setback line, except pie-shaped cul-de-sac lots, in which case the minimum shall be seventy-five feet (75’), as shown on the Development Plan. c. Front Building Line 30 feet back of property line. d. Side Building Line 10 feet. e. Rear Building Line 25 feet. f. Maximum Lot Coverage 30% g. Maximum Impervious Coverage 60% h. Street-facing Side Yard Side yard setbacks on the street side of a corner lot, fronting on another street, shall all be 30’ i. Minimum House Size 3,500 square feet. Ordinance O-22-2233 Page 4 of 7 5. Open Space a. This development shall provide not less than 20.66% common open space, which shall generally be configured as shown on Exhibit “C”. All open space areas shall be landscaped and maintained by the Homeowner’s Association. b. All amenities within the open space areas shall be maintained by the Homeowner’s Association. c. All common open space along the internal streets shall be fully landscaped and irrigated with a combination of trees and shrubbery pursuant to an approved landscape plan. The common open space shall be owned, operated and maintained by The Bluffs at Colleyville Homeowners Association which shall have a mandatory membership of all homeowners and shall collect dues in amounts satisfactory to maintain the common open space. The Association shall have fine and lien rights as permitted by law to enforce compliance with the rules of the association. 6. SCREENING a. Perimeter fencing and screening shall be in compliance with the Wall/Fence Diagram included and shown on the Development Plan, labeled as Exhibit “C”. b. Wood fencing will only be permitted between lots. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. All lots adjacent to a common open space shall be open style fencing of decorative metal, and/or masonry. c. Where lots back to existing residential lots with fences, the existing fence shall be kept, maintained or improved in coordination with each owner, as shown in the diagram on the Development Plan and associated detailed diagrams. Where open space lots border adjacent properties, either the existing fence will be maintained or improved, or a decorative masonry or Ordinance O-22-2233 Page 5 of 7 metal fence will be installed, all in cooperation with the adjacent property owner, according to the detailed plans submitted with zoning. 7. ARCHITECTURAL FEATURES a. The dominant exterior vertical wall area of each structure, exclusive of doors and windows, shall be masonry (brick, stone, or stucco) or other material solely determined by The Bluffs HOA Architect Review Committee. No more than 20% of the exterior vertical wall to be authentic lath and stucco application over wood framing. Dryvit systems or Styrofoam products are not acceptable. The exterior of chimney flues shall be of masonry material acceptable to the Committee. Installation of all types of exterior items and surfaces such as address numbers or external ornamentation, lights, mail chutes, mailboxes, roofing materials and exterior paint or stain, shall be subject to the approval of the Committee as to size, design, materials color, manufacturer and location. Garage Standard – Minimum of a three-car garage with wood-like, architecturally enhanced doors. b. Minimum Roof Pitch – Minimum of a 10:12 roof pitch unless architecturally required to vary, based on home style. c. Windows – No aluminum windows allowed in the subdivision, only windows of higher quality and every efficiency will be allowed. All windows will be insulated glass with a “low-e” specification. 8. OTHER a. Minimum of two (2) three-inch (3”) caliper trees per front yard, unless quality existing trees are present and saved. Fully landscaped and sprinklered front and rear yard within sixty days of completing a house. b. Street Design Standards: o Right-Of-Way: Fifty feet (50’) (Undivided) Ordinance O-22-2233 Page 6 of 7 o Travel Lane Width: Thirty-one feet (31’), back of curb to back of curb o Turning Radii: Fifteen feet (15’) Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of January 2023. The second reading and public hearing being conducted on the 21st day of February 2023. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 21ST DAY OF FEBRUARY 2023. Ordinance O-22-2233 Page 7 of 7 Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” – Location and Zoning Map Exhibit “B” – Statement of Planning Objectives Exhibit “C” –Development Plan City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 8 Agenda Date 2/21/2023 Type Report Department City Secretary Title Colleyville Center Advisory Committee Minutes - November 21, 2022 Planning and Zoning Commission Minutes - January 9, 2023 Planning and Zoning Commission Worksession Minutes - January 23, 2023 Attachments 1. Planning and Zoning Commission Minutes - January 9, 2023 2. Colleyville Center Advisory Committee Minutes - November 21, 2022 3. Planning and Zoning Commission Worksession Minutes - January 23, 2023 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, January 9, 2023 Executive Conference Room CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission Meeting was called to order by Chair Bevill on January 9, 2023, at 6:15 p.m. Roll Call Present: David Groves, Mark Alphonso, Sayeda Syed, Jim Linn, Claudia Bevill, and Scotty Richardson Absent: Tim Raine Staff Present: Ben Bryner, Jacquelyn Reyff, and Dakari Hill Also Present: Attorney, Nicole Corr There was general discussion amongst Staff and the Commission regarding items to be presented this evening at the regular meeting. Chair Bevill adjourned the Planning and Zoning Commission Meeting at 6:29 p.m. CALL MEETING TO ORDER CITY COUNCIL CHAMBERS The City of Colleyville Planning and Zoning Commission Meeting was called to order by Chair Bevill on January 9, 2023, at 7:00 p.m. Roll Call Present: David Groves, Mark Alphonso, Sayeda Syed, Jim Linn, Claudia Bevill, and Scotty Richardson Absent: Tim Raine Staff Present: Ben Bryner, Jacquelyn Reyff, and Dakari Hill Also Present: Attorney, Nicole Corr Planning and Zoning Commission Minutes January 9, 2023 City of Colleyville Page 2 1. APPROVAL OF MINUTES 1a Planning and Zoning Commission Meeting Minutes – December 12, 2022 Commissioner Alphonso made a motion to approve the December 12, 2022 Planning and Zoning Commission Meeting Minutes. Commissioner Linn seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Alphonso, Syed, Linn, Bevill, and Richardson Nay: 0 2. PUBLIC HEARING AGENDA ITMES 2a Consideration of a Special Use Permit for a Massage Therapy use on a portion of Lot 18, Village at Colleyville Condos, located at 97 Village Lane, Suite 270, Case ZC22-034, TABLED FROM THE NOVEMBER 14, 2022 PLANNING AND ZONING COMMISSION MEETING, WITHDRAWN BY APPLICANT 2b Consideration of a Minor Plat with a plat waiver for lot width and side yard setbacks for Tract 2EE, Abstract 1248, Thomas J. Polson Survey, located at 400 Black Drive, Case PC22-018, TABLED FROM THE DECEMBER 12, 2022 PLANNING AND ZONING COMMISSION MEETING Commissioner Syed made a motion to remove Case PC22-018 from the table. Commissioner Groves seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Alphonso, Syed, Linn, Bevill, and Richardson Nay: 0 Jacquelyn Reyff presented the item and briefed the Commission. The applicant, Mike Garabedian, 1717 Buckingham Drive, Keller, TX, came forward and expressed to the Commission that the homeowners wished to only proceed with the waiver for lot width and not the waiver for side yard setbacks. The public hearing was open at 7:06 p.m. Planning and Zoning Commission Minutes January 9, 2023 City of Colleyville Page 3 With no one wishing to speak, the public hearing was closed at 7:06 p.m. Commissioner Alphonso made a motion to approve Case PC22-018. Commissioner Linn seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Alphonso, Syed, Linn, Bevill, and Richardson Nay: 0 2c Consideration of a Replat for Lots A1R-1R1 and A1R-1R2, Block 2, Pleasant Oaks Estates Addition, being Lot A1R-1R, Block 2, Pleasant Oaks Estates Addition, located at 600 Leta Lane, Case PC22-021 Jacquelyn Reyff presented the item and briefed the Commission. The applicant, Theresa Lines, 3207 St. Albans Circle, Colleyville, TX, came forward and expressed to the Commission that the request is to replat the property to match the original plat. Mrs. Lines answered questions of the Commission regarding potential plans to sell one of the lots and willingness to rezone the property. Staff answered questions of the Commission regarding the current zoning of the property. The public hearing was open at 7:21 p.m. With no one wishing to speak, the public hearing was closed at 7:21 p.m. Commissioner Groves made a motion to approve Case PC22-021. Commissioner Richardson seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Alphonso, Syed, Linn, Bevill, and Richardson Nay: 0 2d Consideration of a Replat for Lot 3R, Block 1, Colleyville Estates, being Lot 3 E1/2 LT 2, Block 1, Colleyville Estates, located at 504 Colleyville Terrace, Case PC22-022 Jacquelyn Reyff presented the item and briefed the Commission. The applicant, James Stevens, 6621 Hughes Drive, Watauga, TX, came forward Planning and Zoning Commission Minutes January 9, 2023 City of Colleyville Page 4 and expressed to the Commission that the replat will combine two lots. Mr. Stevens answered questions of the Commission regarding the homeowner’s willingness to rezone the property. The public hearing was open at 7:26 p.m. With no one wishing to speak, the public hearing was closed at 7:26 p.m. Commissioner Richardson made a motion to approve Case PC22-022. Commissioner Alphonso seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Alphonso, Syed, Linn, Bevill, and Richardson Nay: 0 3.CITIZEN COMMENTS 4. ADJOURNMENT The meeting adjourned at 7:27 p.m. The minutes were written and prepared by: Dakari Hill Planner The meeting minutes were approved on February 13, 2023 by a vote of 7-0. City of Colleyville Colleyville Center Advisory Committee Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, November 21, 2022 5:30 p.m. Colleyville Center 5301 Riverwalk Drive PRESENT: Jeremy Tallo, Chair; Fred Mills, Vice-Chair; Lee Koch; Judith Goodwin, Alex Thomas, Darla Dennison; Louis Miller; Leslie Hill, Colleyville Center Manager; Kristi Isbell, Colleyville Center Sales & Event Specialist; and Scotty Richardson, Place 7 Colleyville Planning & Zoning Commission ABSENT: Paul Vigiletti, Athena Wiginton, Julie George 1.CALL TO ORDER The meeting was called to order by Chair Jeremy Tallo at 5:32 p.m. 2.APPROVAL OF MINUTES Lee Koch motioned for approval of the August 15, 2022 minutes. Louis Miller seconded the motion. The motion was approved with no dissension. 3.REGULAR AGENDA ITEMS 3a Fiscal Year 2022 Update Staff presented information on the Center’s performance for the 4th quarter of FY22, which included almost 2500 guests in attendance at 62 events. Staff provided a summary of FY22, which included over 18,000 guests attending 409 events and a cost recovery of 91%. Jeremy Tallo asked if utilization had returned to pre-pandemic numbers. Staff stated that social and non-profit events have returned (business segment has been slower). Staff stated that event numbers are comparable to pre-pandemic in part because Recreation Department classes have moved to the Center during their building closure. 3b Fiscal Year 2023 Update Staff explained that Pablo Reyes-Lara, Colleyville Center Operations Staff, was awarded the City of Colleyville’s Employee of the Year. Staff stated that, beginning with FY23, Becky Alexander has moved from Labor Pool to Full Time employee and that Kristi Isbell has enrolled in a graduate program that focuses on public administration and hospitality management. Staff updated, further, that the Center has hosted 75 events over the first 6 weeks of new fiscal year. Regarding fees, Staff reminded Committee that weekend rates officially increased beginning with FY23, including the non-profit discount. Alex Thomas asked if there had been “push back” on the price increase. Staff City of Colleyville Page 1 stated that negative feedback has not been received, inquiries have been plentiful, and bookings are on pace for the season. Staff stated that the City has offered in-kind donations, for venue rental at the Colleyville Center, to five local non-profits including Colleyville Lions Club, Colleyville Rotary Club, Colleyville Woman’s Club, Colleyville Garden Club, and the Colleyville Executive Organization. Staff explained that the in-kind donation amount would affect the Center’s revenue. 3c Colleyville Center's 25th Anniversary Staff explained that the Colleyville Center will celebrate 25 years in 2023 and requested feedback on hosting a small event. Staff suggested the City’s A/V team could produce a professional video that could include interviews with community planners, photos of events throughout the years, photos of venue updates. Discussion ensued regarding other elements that could be included such as catering, live music, and local vendors related to event planning. 3d Discussion of Items for Future Agendas Staff explained that future (Capital Improvement Plan) budget discussions will need to include consideration of full window replacements on the east wall of Grand Hall and replacement HVAC units (as two of the seven are expected to need replacing.) Staff provided additional dates for Colleyville Center Advisory Committee meetings: February 13, May 15, August 21, and November 13, 2023. 4.ADJOURNMENT Jeremy Tallo motioned to adjourn the meeting. Lee Koch seconded the motion. The motion was approved with no dissension. The meeting was adjourned at 6:05 p.m. APPROVED BY A VOTE OF 8 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 13TH DAY OF FEBRUARY, 2023. City of Colleyville Page 2 Colleyville Center Advisory Committee Minutes November 21, 2022 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, January 23, 2023 Executive Conference Room CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission Worksession Meeting was called to order by Chair Bevill on January 23, 2023, at 6:15 p.m. Roll Call Present: David Groves, Mark Alphonso, Sayeda Syed, Jim Linn, Claudia Bevill, and Scotty Richardson Absent: Tim Raine Staff Present: Ben Bryner, Rob McKeown, Jacquelyn Reyff, and Dakari Hill Also Present: Attorney, Nicole Corr 2.WORKSESSION AGENDA ITMES 2a Presentation and discussion of a Special Use Permit for alcoholic beverage sales for on-premises consumption on Lot 2, Block A, 170 Players Addition, located at 3855 Glade Road, Suite 170, Case ZC23-001 Jacquelyn Reyff presented the item and briefed the Commission. 2b Presentation and discussion of a Special Use Permit for a commercial accessory building on Lot 16R2, Block 1, Colleyville Industrial Park, located at 6407 Colleyville Boulevard, Case ZC23-002 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the location of the proposed accessory structure. 2c Presentation and discussion of a Special Use Permit for an accessory building to encroach into the rear yard setback on Lot 15, Block H, Brook Meadows Addition, located at 4511 Lakeside Drive, Case ZC23-003 Planning and Zoning Commission Minutes January 23, 2023 City of Colleyville Page 2 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the structure complying with the property’s maximum lot coverage. 2d Presentation and discussion of a Zoning Change from PUD-C Planned Unit Development – Commercial to PUD-C Planned Unit Development – Commercial district, specifically for a self-storage facility and retail- commercial pad site, for Lot 14R, Block 1, Colleyville Industrial Park, Lot 1A, Block 1, Kathleen’s Art Café Addition, and Lot 1, Block 1, Tinker Crossing Addition, located at 1801 Industrial Boulevard and 6255 & 6301 Colleyville Boulevard, Case ZC23-004 Jacquelyn Reyff presented the item and briefed the Commission. Staff answered questions of the Commission regarding screening, parking requirements, and access to the development. 2e Presentation and discussion of amendments to Chapter 7 of the Land Development Code clarifying the size and duration of political signs as well as the use of canopies, tents, or flags, specifically amending Section 7-190.H Temporary Business Signs – Political Signs, Case GC23-001 Ben Bryner presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the reasoning behind the amendment. 2f Presentation and discussion of amendments to Chapter 9 and Chapter 14 of the Land Development Code clarifying that driveway access to adjacent street right-of-way and street stub-outs is not allowed from lots in an adjacent subdivision, specifically amending Section 9.17 Street Design Criteria and Section 14-135 Driveway Spacing and Design Standards, Case GC23-002 Ben Bryner presented the item and briefed the Commission. Staff addressed questions of the Commission regarding input from Home Owners Associations on the amendment. 2g Presentation and discussion of amendments to Chapter 9 of the Land Development Code removing the requirement for automatic fire-sprinkler systems in certain circumstances, specifically amending Section 9.17 Street Design Criteria, Case GC23-003 Ben Bryner presented the item and briefed the Commission. Staff addressed questions of the Commission regarding precedent for the amendment found in other cities, the cost to the resident, and an affidavit waiving the requirement transferring when a home is sold. Planning and Zoning Commission Minutes January 23, 2023 City of Colleyville Page 3 3. ADJOURMENT The meeting adjourned at 7:03 p.m. The minutes were written and prepared by: Dakari Hill Planner The meeting minutes were approved on February 13, 2023 by a vote of 7-0. RESOLUTION R-23-4820 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 21, 2023 WHEREAS, City Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 21ST DAY OF FEBRUARY 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor SPEAKER CARD Date: a Agenda Item Number: f— Item must be completed! For example: Sa (this can be found on the far left side of the agenda coQv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. _ I do not wish to speak, but please record my: support opposition Name: \Jc4 (2S^� X&P C� Address: ksclhmL Ci-City: C—n I/P CA 11; d c I understand I am limited to speaking for rive minutes. For agenda items not'listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Citizen's Comments section of the agenda, Signed: ���et/Qa�f-- eL' information is a Public Record SPEAKER CARD Date:a - a i -a o �3 Agenda Item Number: bh -+— Item must be completed! For example: 5a (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading phot s, connecting a laptop or tablet, during your time to speak? . Yes o I will speak In Support of this item. I will speak In Opposition to this item. —V 1 do not wish to speak, but please ffrecord n ,my: support po position Name: 'D nA-I/L in-cC s r� Address: 5l c)q �C L �i1i1 U S ��t�. City: I_-d ,` //If I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section �of the agenda. / Signed: %J /\OLU is a Public SPEAKER CARD Date: b 21 2023 Agenda Item Number: 6 a t— Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? . Yes ✓ No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: 0ie r� GjtiRn� Address: 2�1� �an����z Jr �����.�� city: io((e7✓,�(� i I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Signed: This information is a Public Record SPEAKER CARD Date." Z 2 Agenda Item Number: �— Item must be completed! For example: 5a (this can be found on the far left side of the agenda cony) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item I do not wish C, Name: irlc I will speak In Opposition to this item. but please record my: support opposition Address: 3112 P` lk A/Ot City: i understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hea, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law Ch ter 551 of the Texas Local Government Code, This includes persons speaking under the Cit en's Conime#ts secp(on of the agenda. Signed: This information is a Public Record SPEAKER CARD Date: )` '-�1 -)- J Agenda Item Number: � 4 ---.- Item must be completed! For example: Sa (this can be found on the farleftside of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I Name: Address: I understand I am limitec as a Public Hearing, City Meetings Law, Chapter 5.1 under the Citizen's Conte opposition to speaking for rive minute>1foiA3genda items not listed on the agenda ,ouncil cannot respond to speakers in accordance with the Texas Open i fif the Texas Local Government Code, This includes persons speaking rift section of the agenda. . SignedU/i'V This information is a Public Record Date: ai /,?- �> SPEAKER CARD Agenda Item Number: f_ Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading pho s, connecting a laptop or tablet, during your time to speak? Yes 4.1 No I will speak In Support of this item. I will speak In Opposition to this item. _tZ I do t wis\h to speak, but please record my Name: fi C3Q U �� Address: N 21d (2 T, support opposition City: I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the n of a agenda, 1 information is a Public Record SPEAKER CARD Date: 21:2 I L--� Agenda Item Number: (� *-- Item must be completed! For example: Sa (this can be found on the far left side of the agenda cony) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. V I do not wish to speak, but please record my: support opposition Name: e Address: 670 k, r4d i GL ct. City: &C-) //�L Vr' / (, I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda, Signed: IGi/(,_CN`r� This information is a Public Record SPEAKER CARD Date: A 3 Agenda Item Number: t— Item must be completed! For example: Sa is can be found on the far left side of the agenda cony) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. !i I will speak In Opposition to this item. _ I do not wish to speak, but please record my: support opposition Name: Address: 336'; Wil ILAS OA_ city: 0��f��� 1 I understand i am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Ci " en's Com ents secti n,of the agenda. Signed: ... �/' This information is a Public Record SPEAKER CARD Date: Agenda Item Number: *-- Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading p otos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Oppositi m. VI do not wish to speak � but '/p�lea a record my: support oppositi Name: UI/t,l 1 W `�i' v� Address: City: (.'flI mm I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 qQhe Texas Local Government Code. This includes persons speaking under the Citizen's CommSqNseVt1on of the agenda, a►ml information is a Public Record SPEAKER CARD Date: ZIZ, IF3 Agenda Item Number: 6A - --.— Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? . Yes No l I will speak In Support of this item. I will speak In Opposition to this item. Lam I do not wish to speak, but please record my: support .._ ppositio Name: Address: Z'72. WILK6-S 111, City: C�1� I I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 59f the Texas Local Government Code. This includes persons speaking under the Citizen �s6glm en section of the agenda. Signed:f���t-� information is a Public Record SPEAKER CARD Date: O 9 a l- 2G2' Agenda Item Number: � A t— Item must be completed! For example: Sa (this can be found on the far left side of the agenda cony) Do you have special technology needs, such as loading hotos, connecting a laptop or tablet, during your time to speak? . Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support 4 opposition Name: micYde A� ui"u, Address: ay�L w( \i&3 City: vi�l� 'Ibol 1 I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citi,��jzen's Comments section of the agenda, Signed: 4t QjV- / --- This information is a Public Record SPEAKER CARD Date• Agenda Item Number: �A .*-- Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No will speak In Support of this item V I do Name: wish tto,s�eak, but Address: '-qf r. 0) I will speak In Oppositions to this item. please record my: support V opposition City: I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, Ci Council cannot respond to speakers in accordance with the Texas Open Law Meetings r 51 of the Texas Local Government Code, This includes persons speaking � under the Citiz s om ents section of the�aoenda, Signed: This information is a Public Record SPEAKER CARD Date: 0 -t _a 3 Agenda Item Number: l � *-- Item must be completed! For example: Sa (this can be found on the far /eft side of the agenda copy) Do you have special technology needs, such as loading ph tors, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. X I ►doo, not � wish to speak, but please record my: support � opposition Name: rrnoL 2EX1 M �'�`E �y Address:2,O? 1�1�If�(ZC�—tF� OLE- City: CoRzflVtL'C� I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Signed: `Atu" V I " m This infor ation is a Public Record SPEAKER CARD Date: )- ' Z/^ ZY Agenda Item Number: f— Item must be completed! For example: Sa this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes —�C No I will speak In Support of this item. I will speak In Opposition to this item. _ZI do not wish to speak, but please record my: support ��opposition Name: L Address: 1-5057 G1)1WES Cf City: CPiU'AlIcL I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to eakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Go erq ent Code. This includes persons speaking under the Citizen's Comments section of the aaen a, / Signed: r is a Public Record Date: ; 02 P-3 Agenda Item Number: For example: Sa this SPEAKER CARD *-- Item must be completed! Do you have special technology needs, such as loading pho ps, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support xopposition Name: leP&O�P-Kb r'V,G�J Address: City: C-02-'L— I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the CitizenWomareiitssection of the agenda_ Signed: This i or ation is a Public Record SPEAKER CARD Date: � � 3 Agenda Item umber�f— Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I d not wish to speak, but please record my: support _ opposition Name:�— Address: 1.e S 7-6 N City: r 6 I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, CYU Council cannot respond to speakers in accordance with the Texas Open Meetings Law Cha 5 of the Texas Lo / Government Code. This includes persons speaking 9 . P � under the Citizen' C m is sectionoef ths45oenda. Signed: This information is a Public Record SPEAKER CARD Date: Agenda Item Number: -6,n— 4-- Item must be completed! For example: Sa is can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading pho s, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: � 4: j1 ] T-4 eA �le. (n LA,,S Ly) City: I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda, Signed: This information is a Public Record Date• Agenda Item Number: For example: Sa this SPEAKER CARD *— Item must be completed! Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to 1►FTii -:fi Address: pleaseecord my: support City opposition I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citi;qn's Comment4 fiction of the aoenda� Signed: is a Public Record SPEAKER CARD Date:. A- al - a3 Agenda Item Number: � f— Item must be completed! For example: Sa (this can be found on the far left side of the agenda cony) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. -X'L— I do not wish to speak, but please record my: support opposition Name: P-IU541-_ l Address: ��� 'J i C�_ City: I understand I am limited to speaking for Five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the �en's�sectio�the agenda Signed: This information is a Public Record SPEAKER CARD Date: 'z 3 Agenda Item Number: � P1 f— Item must be completed! For example: 5a (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes y/ No I will speak In Support of this item. I will speak In Opposition to this item. __V/_ I�do/�not wish to speak, speak,, ,,but please record my: support ✓ opposition Name:nojfA0oLS 1Ul ��re-1A Address: TM)2 p,cec C\`��TQ�� City: l d6l 2 I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizens C,gmments seqion of the agenda. This informbti6n is a Public Record SPEAKER CARD Date: �& 21 122- Agenda Item Number: �-4— Item must be completed! For example: 5a (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: AW�C- Dq&J Address: 909 Dowood a City: 0A�tu�VlllP, I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. This information is a Public Record SPEAKER CARD Date: Agenda Item Number: -4— Item must be completed! For example: Sa (this can be found on the far left side of the agenda cove) Do you have special technology needs, such as loading pho os, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish yto speak, but please record my: support opposition Name: �v1,cf7� Address: w 9 9' cgu' 1?W n(:�7n4 ✓ /0 city: ( U' izyaui � I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Clpa#ter 551 of the Texas Local Government Code. This includes persons speaking under the Citizleh ss omments section of the agenda, . Signed: y''7i This information is a Public Record SPEAKER CARD Date: CP /—'Z3 Agenda Item Number: CO ,�--.— Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. V" I do not wish to speak, but please record my Name: �U/If c Address: 'l-e o 3 6-4`'M t1y) 06-) support Xj opposition City: (20, Z- �ii/LL I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Citizen's %Comments section of the agenda. Signed: This information is a Public Record SPEAKER CARD Date: j 22 2p2 Agenda Item Number: �A — Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. Jr I do not wish to speak, but please record my: support V opposition Name:-�t�r+-U C-4k Address: Z�'%T �IU��CIU� City:ictU((� I understand i am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Signed: G This information is a Public Record SPEAKER CARD Date '-V Agenda Item Number:.— Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes _ No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: Name: ` hpurJL1 ��e L ( support /<�- opposition 11 Address: qo y e city: i'0 Ut Lle I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Citizen's Comments section of the agenda, . Signed: This information is a Public Record SPEAKER CARD Date: 2 2( /2 Agenda Item Number: �A—.---- Item must be completed! For example: 5a (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. _X I do not wish to speak, but please record my: support opposition Name: Address: 24 wi IY"o-is )Ne-1 City: I understand I am limited to speaking for rive minutes. For agenda items not.Jis`ted on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Citizen's Comments secj¢on of the agenda. Signed: -- s information is a Public Record SPEAKER CARD Date:::^ Agenda Item Number: Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I(d�o not wish to speak, but please record my: support opposition Name: i r r r Address: City: I understand I am limited to speaking for five utes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respomto speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Qtizen's Commegts sett;on of the agenda. Signed: Record SPEAKER CARD Date: "-;2-'-'),1 3 Agenda Item Number: -(OL-o— Item must be completed! For example: 5a (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: & ?-0 3 �-L( ,,q , IL City: aWOU�!/ I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Citizen's Comments section of the agenda. .? Signed: SPEAKER CARD Date: /),� -a? 1 ;e2y 13 Agenda Item Number: Cc- * Item must be completed! For example: Sa (this can be found on the far /eft side of the agenda cove) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes <_ No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak((, but please record my: support opposition Name: d o S C-h R e '�C- Address: 6 F03 (e, ri 4 ))G City: h I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, city Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Cifizef's Commelos s"tion of the agenda, Signed: a Public Record SPEAKER CARD Date: 2 ,-Y)=Z J Agenda Item Number: -4--- Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes —X No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support < opposition Name: elt4l-'be� Address: 3 I 0 �l li(� �iWO�cf �y City: Ob f % (k-?. I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Signed: This information is a Public Record Agenda Item For example: SPEAKER CARD Date Number: 40AL f— Item must be completed! Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? . Yes No /will speak In Support of this item. I will speak In Opposition o this item. I do not wish to speak, but please record my: support opposition Name Address:l o l ] W , %\ M Jl VA �L. City: I understand I am limited to speaking for Five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under themes Comments section of the agenda. Sig This information is a Public Record SPEAKER CARD Date: :) 4 I �3 Agenda Item Number: Item must be completed! For example: Sa (this can be found on the far left side of the agenda cgRy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No will speak In Support of this item. I will speak In Opposition to this item. I /doo not wish to speak, but please record my. support opposition / i � _ : 11 e _ Name: Address: _�L4 City: I understand I am limited to speaking for five minutes. For agenda items not fisted on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda, Signed: This information is a Public Record SPEAKER CARD Date: Agenda Item Number: f— Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading ptyotos, connecting a laptop or tablet, during your time to speak? Yes ! No I will speak In Support of this item. I will speak In Opposition to this item. v I do not wish to speak, but please record my: _ Name: :5`r-ePIIC-7j to r� t12yi� Address: support Y opposition City: (5-(2-A 0-- \f ) Yj l- I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 f the Texas Local Government Code. This includes persons speaking under the Citizen's Comme#4 section jff the agenda. Signed: This information is a Public Record 7fm 6q Date: SPEAKER CARD 2-_ Agenda Item Number: Ui-- Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: �� �� C�4rl V C-� 01, Address: � o l tR00, CG City: W 10 I understand I am limited to speaking for rive minutes. For agenda items not list d n the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with, a Texas Open Meetings Law, Chj3pter 551 of the Texas Local Government Code, This includes persons speaking under the Citizen's Compients section of the agenda. . This information is a Public Record SPEAKER CARD Date: \ ) Agenda Item Number:— Item must be completed! For example: Sa (this can be found on the far left side of ti Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes _�X No I will speak In Support of this item. I will speak In Opposition to this item. _�ZI do not wish to speak, but please record my: support opposition Name: Address: �0 `6C�� Z. \d.l c- C. • City: 0,6904 L)J ({ I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Citizen's Comments se tion of the Benda. . Signed: / This information is a Public Record SPEAKER CARD Date: © oZ 3 Agenda Item Number: t- Item must be completed! For example: Sa (this can be found on the far left side of the agenda con ) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support It opposition Name: Address: [R GzL City: C V I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda, . Signed: This information is a Public Record SPEAKER CARD Date: 3 Agenda Item Number: —6q--4--- Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish )I to speak, but please record my: support ✓ opposition Name: ��``kP �¢l '14,-d-r Address: S l0i �wC�V�( �Cs� City: I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Citizen's Comments section of the agenda, . This information is a Public Record Tn ,L14� _ oPuj,610 tA Date: - -) ! - .1-�S Agenda Item Number: For example: Sa this SPEAKER CARD .*-- Item must be completed! Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. ^ I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: CitY,� I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings_ Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking undeFthe e)dkeW* Comments section of the_aoenda. is a Public Record Date: )SPEAKER CARD �'� � • �J Agenda Item Number: lD•!- *— Item must be completed! For example: Sa (this can be found on the far left side Of t Do you have special technology needs, such as loading hotos, connecting a laptop or tablet, during your time to speak? Yes Y7 No I will speak In Support of this item. X I will speak In Opposition to this item. I dot not wish to speak, ,, but please record my: support opposition Name: �y!( �� L y-fourr) If Address: (:W'D lyws D Ylyt City: �ll� I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Citizen's Comments section of -Me agenda. Signed: information is a Public Record SPEAKER CARD Date: . ✓ Agenda Item Number: Item must be completed! For example: Sa (this can be found on the far /eft side of tl Do you have special technology needs, s6ch as loading -photos, or tablet, during your time to speak? 'f Yes-- "No '' �11 ' f I will speak In Support of this item. I do not wish,.to speak, but Na Address:. — ` ' % `i`- I understand I am limited to speaking for rive as a Public Hearing, City CQyncil cannot resp Meetings Law, Clpapter 551" pf the Texas Idca under the Citizen's Comments secrtion of tke as Signed: my necting a laptop will speak In Opposition to this item. support opposition City: For agenda items not listed on the agenda ?akers in accordance with the Texas Open ent Code. This includes persons speaking information is a Public Record Date: SPEAKER CARD � � ��� Agenda Item Number: lC> 4— Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. " I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: R�v�t �Gy (l-fl-o� �r /\ Address: Z�FOZ u� I ` K� 95 City: llQ �i l"\S`� I understand i am limited speaking for a minutes. For agenda items not listed on the agenda as a Public Hearing, City Co ci/ cannot es and to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of a Texas oca Government Code. This includes persons speaking under the Citizen's Comments f t e ao Signed: Date:- SPEAKER CARD Agenda Item Number: % F— Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: vt�-C'rlL., i City: d 1 V t V I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code; This includes persons speaking under the Citizen's Comm#hts section of the agenda. Signed: _ YV`C' ` This information is a Public Record SPEAKER CARD V Date: 9-mil -A0a-3 Agenda Item Number: (Y f l +— Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photo , connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. ✓ I will speak In Opposition to this item. I do not wish to Name: Ec k G but please record my: -� e C (sPf support opposition A &qj t SL ///rtF- r-4- . (� M, Address: 1 1 �� a` n C i �cCity: c � 1 � � \j \ 0) I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the TexaA Local Government Code, This includes persons speaking under the Citizen'�F-Vomments se9dogollfhe agenda. Signed: (/C� This information is a Public Record SPEAKER CARD Date:. Agenda Item Number:— Item must be completed! For example: 5a (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading � pho�to�,�-�connecting a laptop or tablet, during your time to speak? . Yes 2No_ I will speak In Support of this item. Y I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: PI )e�N P<-o1 City: I understand I am limited to speaking for Five minutes. For agenda items not listed on the agenda as a Public Hearing, City Councf!1 not and to speakers in accordance with the Texas Open Meetings Lea �apter ¢1 of ` 31 ciUVE 7nnent-GGd� Toe_ . hi�includ_es persons speaking under th aze Co ents on anPnda_ Sig This Date:SPEAKER CARD ._ ,Y 7�123 Agenda Item Number: �'14 �— Item must be completed! For example: Sa (this can be found on the far /eft side of the agenda cony) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item.I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: 24I o S L..( City: f U.�%/v( I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under th4r0t&en's Comments section of the agenda. Signed: is a Public Record SPEAKER CARD Date: 1 - "-16 23 Agenda Item Number:654 f— Item must be completed! For example: 5a (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading hotos, connecting a laptop or tablet, during your time to speak? . Yes 77 No I will speak In Support of this item. ✓( I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: U61n IA ile � k-X�> � Address: �� lau,d city: rl)t b P (n.,, t4( �lC I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizeh'is Comments section of the agenda, Signed:... Q P fay 0 cea SE&I1"- This information is a Public Record SPEAKER CARD Agenda Item Number: -7-.- Item must be completed! For example: Sa (this can be found on the far left side of the agenda copy) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: Name: Address support opposition I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 f the Texas Local Government Code; This includes persons speaking under the Oti3r's Comm is s cion of the agenda. Signed: information is a Public Record SPEAKER CARD Date: -ai a3 Agenda item Number: __�-- Item must be completed! For example: Sa (this can be found on the far left side oft Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No T I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: SVIQ��j�lC City: l of�I ice_ I understand I am limited to speaking for five minutes. For agenda items not Misted on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Signed: This information is a Public Record