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HomeMy WebLinkAboutCity Council-Minutes-5/7/2013 %=r " City of Colleyville �•.� City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 k Agenda 817. 503.1000 www.colleyville.com Tuesday, May 7, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation and update on landscaping standards for public spaces PC-2 Discussion regarding the Glade Road public information meeting to be conducted on May 23, 2013 PC-3 Presentation and update regarding entryway markers and wayfinding signs PC-4 Discussion of lane dividers in the Jackson Road and Cheek-Sparger Road roundabout PC-5 Discussion of the May 7, 2013, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding City boundary and right-of-way issues Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that 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 City Council Agenda May 7, 2013 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Ricky Texada, Colleyville Convenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3622 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Public Service Recognition Week, May 5- 11, 2013 - Mayor David Kelly and City Manager Jennifer Fadden Presentation to Councilmember Michael Muhm in recognition of service to the City of Colleyville City Council - Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3623 4a Approval of the minutes of the regular City Council meeting of April 16, 2013 4b Approval of the Integrated Mosquito Management Program 4c Approval of a memorandum of understanding and an amendment to an Interlocal Agreement with the City of Keller for off-site sewer improvements for Somerset Manor, and authorizing the city manager to execute the memorandum of understanding and the amendment 4d Approval of a preliminary plat for 2.99 acres situated in the D.R. Teeter Survey, Abstract No. 1518 and the S.C.H. Whitten survey, Abstract No. 1732, located at 2501 Cheek-Sparger, Case PC12-020 City Council Agenda May 7, 2013 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-13-1872 Consideration for a Special Use Permit for a hospital with the primary use as an emergency room on Lot 1A, Block 1, of the Baylor Health Care System Addition, and Lot 2R, Block 1, of the Linton Addition located at 5408 and 5500 Colleyville Boulevard, Case ZC13-002 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-13-1873 Consideration for a zoning change from R20-Single Family Residential to PUD-C-Planned Unit Development Commercial on Lot 16, Block 2, of the Fairway Addition located at 8508 Precinct Line Road, Case ZC12-030 6b Ordinance 0-13-1874 Consideration of amendments to Section 3.24-Schedule of Permitted Principal Uses of Chapter 3-Land Use of the Land Development Code, Case GC13-005 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3624 Consideration for a variance from the sign regulations regarding a monument sign on Lot 1A, Block 1, Northeast Professional Park, located at 5301 Colleyville Boulevard, Case SC12-011 8. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING 8a Ordinance 0-13-1867 Consideration of a request to rezone from R20-Single Family Residential to PUD-R-Planned Unit Development Residential on 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, Case ZC12-025 8b Ordinance 0-13-1868 Approval of amendments to the Future Land Use Map of the Colleyville Master Plan for 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, from an Office Land Use Designation to a Single Family Land Use Designation r € K �; Pia `eats ,..- .c, ._ . . City Council Agenda May 7, 2013 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS Planning and Zoning Commission Meeting Minutes - April 8, 2013 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MAY 7, 2013 - Reading and Public Hearing - Resolution R-13-3625 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 3, 2013, by 5:00 p.m. i : ill , Amy P elley City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville City Hall COLLEYVILLE City Council 100 Main Street ° Colleyville, Texas 76034 '®;,,..:1111.1111111111•1111P Minutes 817. 503.1000 e x www.colleyville.com Tuesday, May 7, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on May 7, 2013, at 5:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Stan Hall, Michael Muhm, Jody Short, and Mike Taylor; City Manager Jennifer Fadden, Police Chief Mike Holder, Captain Robert Hinton, Interim Fire Chief Clif Nelson, Economic Development Director Marty Wieder, Human Resources Director Michelle Reyes, Colleyville Center Manager Leslie Hill, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Parks Maintenance Supervisor Chris Hawthorne, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were present. PC-1 Presentation and update on landscaping standards for public spaces Public Works Director Bob Lowry introduced Brad Bolton with la terra studio. Mr. Bolton presented an update regarding the landscaping standards for public spaces. Councilmember Muhm questioned Mr. Bolton regarding the berming, asking how high does it raise the median. Mr. Bolton replied the median middle is about three to four feet in height. Councilmember Muhm questioned Mr. Bolton regarding the landscaping along Colleyville Boulevard. Mr. Bolton stated up-right trees will be allowed, however, boulders and hardscapes are not allowed. Councilmember Wollin questioned Mr. Bolton regarding the tree types allowed in the medians along Colleyville Boulevard. Mr. Bolton explained the types of trees allowed along Colleyville Boulevard. Councilmember Taylor stated he liked the weaving pattern of the right-of-way landscaping. Councilmember Wollin questioned Mr. Bolton regarding the jasmine. Mr. Bolton replied instead of Asian Jasmine, the Japanese Spurs work well. Mayor Pro Tern Hart questioned Mr. Bolton regarding if the Yaupon Holly, Chinese Pistachio, and Texas Red Oaks are allowed along Colleyville Boulevard. Mr. Bolton replied the Chinese Pistachio and the Texas Red Oaks and Live Oaks are allowed along Colleyville Boulevard. City Council Minutes May 7, 2013 Councilmember Muhm questioned Mr. Bolton regarding the median requirement at John McCain for pavers. Mr. Bolton explained the pavers are used in the smaller median portions to eliminate the maintenance issues with irrigation for the smaller grassy areas. Councilmember Muhm questioned Mr. Bolton regarding if the landscaping is drought tolerant. Mr. Bolton replied yes and low maintenance. Councilmember Muhm questioned Mr. Bolton regarding if trees are allowed in the medians along Colleyville Boulevard. Mr. Bolton replied yes. Mayor Kelly questioned Director Lowry regarding if the layering of bricks, like what has been done in Grapevine, will be done in Colleyville? Director Lowry replied it is a TxDOT standard to do the layering of the bricks. Councilmember Short questioned staff regarding why TxDOT puts the layering of bricks along the inside areas. Director Lowry replied it is an architectural feature. Councilmember Taylor questioned Mr. Bolton regarding if this is to establish City wide standards to use throughout the City. Mr. Bolton replied yes. Councilmember Taylor questioned Mr. Bolton regarding if the proposed landscaping is hardy. Mr. Bolton replied yes. Councilmember Taylor questioned Mr. Bolton regarding if the tree colorings will change. Mr. Bolton replied most will remain as green, such as the evergreens, and some of the plantings are evergreen with some color year round. Councilmember Muhm questioned Mr. Bolton regarding if the landscaping along Hall- Johnson Road will be incorporated in the branding, such as the Crepe Myrtles. Mr. Bolton replied this plan will apply to current and future landscaping projects. He stated they do not suggest using Crepe Myrtles since they are harder to maintain. Councilmember Muhm questioned Mr. Bolton regarding if the roundabouts are made to be seen through. Director Lowry replied no, it should be a visual barrier. Mayor Pro Tem Hart questioned Mr. Bolton regarding the upfront higher costs. Mr. Bolton replied the irrigation is the upfront higher costs. Councilmember Muhm questioned staff regarding the Green Ribbon Grant. Director Lowry replied it is a special grant, which TxDOT administers for enhanced landscaping projects along state highways, up to $175,000 dollars. City Council Minutes May 7, 2013 Councilmember Wollin questioned Mr. Bolton regarding using Red Bud trees. Mr. Bolton replied Red Buds struggle the first year; therefore he recommends more hardy trees. Councilmember Taylor questioned staff regarding if the entryway markers fall under the parks funding. City Manager Jennifer Fadden explained those fall under the horticulture contract which is maintained by Parks and Recreation. Councilmember Taylor stated he likes the height of plantings with the entryway marker exhibit. He stated currently the landscaping looks a little anemic. Mayor Kelly replied the two large markers were an experiment and therefore, when this landscaping plan is put in place, the landscaping will be enhanced. Councilmember Short questioned Mr. Bolton regarding if the bigger caliper inch trees impact the upfront cost because of the survival rate of the tree. Mr. Bolton replied yes, and the survivability of the larger tree is better and the impact, upfront, is bigger. Councilmember Wollin questioned Mr. Bolton regarding if some of the smaller plantings have been considered. Mr. Bolton replied they will work with staff on those. Councilmember Muhm questioned Mr. Bolton regarding the cost of the synthetic turf. Mr. Bolton replied it can cost up to $16 dollars a square foot. Councilmember Wollin questioned Mr. Bolton regarding if the turf fades. Mr. Bolton replied yes. Councilmember Wollin questioned Mr. Bolton regarding if weeds penetrate the turf. Mr. Bolton replied yes. PC-2 Discussion regarding the Glade Road public information meeting to be conducted on May 23, 2013 Public Works Director Bob Lowry discussed the upcoming Glade Road public information meeting to be conducted on May 23, 2013. Jeff McKerrow, PE, PTOE, with Transystems discussed the presentation for the communication piece. Councilmember Wollin questioned Mr. McKerrow regarding the difference between an asphalt surface versus base. Mr. McKerrow replied it is a thicker, more expensive aggregate. Councilmember Wollin questioned Mr. McKerrow regarding what determines the thickness of the asphalt, from 8-12 inches? Mr. McKerrow replied it has to do with the existing roadway and the truck traffic. City Council Minutes May 7, 2013 Councilmember Muhm questioned Mr. McKerrow regarding the amount of traffic currently on Glade Road. Mr. McKerrow replied currently the traffic is well within the capacity of a three lane road versus a two lane road. Councilmember Taylor questioned Mr. McKerrow regarding if the data is recent. Mr. McKerrow replied the data is from the past three years. Councilmember Short questioned staff regarding the right-of-way variances. Director Lowry replied every section of Glade Road has its own personality regarding right-of-way variances and he further explained the sections. Councilmember Muhm questioned Mr. McKerrow regarding if the right-of-way acquisitions impact the timeline. Director Lowry replied they will start the right-of- way acquisitions as the 30 percent design has been completed. Mayor Kelly stated the public meetings should happen first before the individual meetings take place. Mr. McKerrow concurred. Councilmember Wollin questioned Mr. McKerrow regarding if their presentation will be uploaded to the City's website or cable? Mr. McKerrow replied yes. Mayor Pro Tem Hart questioned Mr. McKerrow if all of the options for Glade Road are going to be shown during the public presentation, such as the five lane option? Mr. McKerrow replied we were thinking about it, but did state they are not putting recommendations on the options. Mayor Pro Tern Hart stated showing all of the options is good, as long as it is emphasized multiple times that there is no conceived plan in place. Councilmember Hall stated some may just focus on the five lane aspect. Councilmember Taylor stated this is a heated project, however, presented the proper way, it will have a positive impact. PC-3 Presentation and update regarding entryway markers and wayfinding signs This item was not discussed at this meeting; it will be scheduled for a future meeting. PC-4 Discussion of lane dividers in the Jackson Road and Cheek-Sparger Road roundabout Public Works Director Bob Lowry introduced Spencer Maxwell, with Freese and Nichols, to discuss the lane dividers in the Jackson Road and Cheek-Sparger Road roundabout. City Council Minutes May 7, 2013 Councilmember Taylor questioned staff regarding if the extra turn lane is necessary. Mayor Kelly stated the delineation is clear for the turn lane, whereas at John McCain the cars can go straight since there is no delineation for turning. Director Lowry stated they will check on the feasibility of correcting this issue. Mayor Kelly stated when the concrete is fresh; the white paint does not stand out. Mr. Maxwell stated a thicker thermo can be recommended as well. PC-5 Discussion of the May 7, 2013, City Council regular agenda items Mayor Kelly adjourned the Pre Council meeting at 6:58 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on May 7, 2013, at 7:52 p.m. ROLL CALL: ROLL CALL: Mayor David Kelly, Mayor Pro Tern Tom Hart and Councilmembers Carol Wollin, Stan Hall, Michael Muhm, Jody Short, and Mike Taylor; City Manager Jennifer Fadden, Police Chief Mike Holder, Captain Robert Hinton, Code Enforcement Officer Ky Roby, Interim Fire Chief Clif Nelson, Economic Development Director Marty Wieder, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Community Development Coordinator Darren Cain, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding City boundary and right-of-way issues Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that 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 Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He City Council Minutes May 7, 2013 further explained there would be no decisions made or action taken during this time. The meeting was recessed at 7:12 p.m. and reconvened at 7:45 p.m. INVOCATION: Pastor Carter Foster, Colleyville Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3622 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly announced the Colleyville Fire Department Youth Camp to be held June 10-14, 2013, Monday through Friday from 9 a.m. to 3:00 p.m. Applications are being accepted until Friday, May 17, 2013. Proclamation in recognition of Public Service Recognition Week, May 5- 11, 2013 - Mayor David Kelly and City Manager Jennifer Fadden Mayor Kelly and City Manager Jennifer Fadden recognized Public Service Recognition Week, May 11, 2013. City Manager Jennifer Fadden recognized several employees and their years of service: Rodney Cunningham-Police Lieutenant with 38 years; John Fossett-Police Warrant Officer with 28 years; David Martz- Police Sergeant with 25 years; Gary Moore-Corporal with 24 years; Russell Bruce-Construction Manager with 24 years; Tim Mathis-Senior Mechanic with 24 years; Kenny Phillips-Fire Captain with 22 years; Steven Cherry-Senior Engineering Technician with 21 years and Jimmy Brock, Storm Water Program Manager with 20 years. Presentation to Councilmember Michael Muhm in recognition of service to the City of Colleyville City Council - Mayor David Kelly Mayor Kelly recognized Councilmember Michael Muhm for his service to the City of Colleyville City Council. Councilmember Muhm thanked the City Council and staff for their service to the City of Colleyville. He expressed his thanks to the citizens of Colleyville as well and stated he has enjoyed his years of service. , s m r.W � w�x City Council Minutes May 7, 2013 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3623 4a Approval of the minutes of the regular City Council meeting of April 16, 2013 4b Approval of the Integrated Mosquito Management Program 4c Approval of a memorandum of understanding and an amendment to an Interlocal Agreement with the City of Keller for off-site sewer improvements for Somerset Manor, and authorizing the city manager to execute the memorandum of understanding and the amendment 4d Approval of a preliminary plat for 2.99 acres situated in the D.R. Teeter Survey, Abstract No. 1518 and the S.C.H. Whitten survey, Abstract No. 1732, located at 2501 Cheek-Sparger, Case PC12-020 Mayor Kelly read Resolution R-13-3623 in its entirety. City Engineer Jeremy Hutt presented a brief update of the Integrated Mosquito Management Program. Mayor Kelly questioned staff regarding if this program will be on the City's website. Engineer Hutt replied yes. Mayor Kelly opened the public hearing at 8:00 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:00 p.m. Councilmember Wollin moved to approve Resolution R-13-3623. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-13-1872 Consideration for a Special Use Permit for a hospital with the primary use as an emergency room on Lot 1A, Block 1, of the Baylor Health Care System Addition, and Lot 2R, Block 1, of the Linton Addition located at 5408 and 5500 Colleyville Boulevard, Case ZC13-002 Mayor Kelly read the caption of Ordinance 0-13-1872. City Council Minutes May 7, 2013 Community Development Director Ron Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:08 p.m. Dudley Carpenter, on behalf of Baylor, presented the agenda item and briefed the City Council. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing at 8:11 p.m. Councilmember Wollin questioned Mr. Carpenter regarding when they propose to move the tree. Mr. Carpenter invited Leonard Reeves, with Studio 13 Design Group, landscape architect, to explain the process of moving the tree. Councilmember Taylor questioned Mr. Carpenter regarding who will pay to move the tree. Mr. Carpenter stated they had not discussed who would be paying for the moving of the tree. Mayor Kelly stated he did not want to put an extra burden on the developer and that moving the tree is just an option. Mr. Reeves presented a brief slideshow to help explain the process of moving a large tree. • Councilmember Muhm questioned Mr. Reeves regarding the cost to move such a tree. Mr. Reeves stated the cost of renting the crane alone is between $500 to $800 dollars an hour. Mayor Kelly stated his concern for the expense for the applicant and that there are other factors to balance. Councilmember Taylor stated his concerns for the other trees on location with the moving of this particular black jack oak tree. Councilmember Hall moved to approve Ordinance 0-13-1872. Mayor Pro Tem Hart seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor a4 , City Council Minutes May 7, 2013 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-13-1873 Consideration for a zoning change from R20-Single Family Residential to PUD-C-Planned Unit Development Commercial on Lot 16, Block 2, of the Fairway Addition located at 8508 Precinct Line Road, Case ZC12-030 Mayor Kelly read the caption of Ordinance 0-13-1873. Community Development Director Ron Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:26 p.m. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing at 8:27 p.m. John Griffith, owner and developer, came forward to present the agenda item and brief the City Council. Councilmember Muhm questioned Mr. Griffith regarding the driveway on Precinct Line Road. Mr. Griffith replied the driveway on Precinct Line Road will remain. Councilmember Short questioned Mr. Griffith regarding if the property will have cross access with the adjacent properties. Mr. Griffith replied the property will not have access from the north, but it will have access to the south. Councilmember Muhm questioned Mr. Griffith regarding the parking spaces. Mr. Griffith replied he is proposing 20 parking spaces. Councilmember Muhm questioned Mr. Griffith regarding if the number of parking spaces will meet the minimum requirements of the Land Development Code. Mr. Griffith replied yes. Mayor Kelly questioned staff regarding if there are any initial issues with the proposed site plan. Director Ruthven replied no, it appears to comply with the Land Development Code, however, this is a new site plan submitted this evening. Councilmember Taylor questioned staff regarding if they are required to have cross access. Director Ruthven replied yes, cross access is required and done as part of the platting process. He further explained the applicant will be required to plat this property prior to construction. Councilmember Taylor questioned Mr. Griffith regarding if he understands this requirement. Mr. Griffith replied yes. City Council Minutes May 7, 2013 Mayor Kelly questioned staff regarding if the parking spaces are determined by the size of the building and the usage of the building. Director Ruthven replied yes. Councilmember Hall questioned Mr. Griffith regarding the plans to separate this property from the property to the north. Mr. Griffith replied they have plans to construct a wooden fence. Director Ruthven explained the fencing shall be masonry. Councilmember Short questioned staff regarding if the conceptual site plan shall be consistent with the proposed ordinance. Director Ruthven stated the layout of the site shall be generally consistent with the conceptual site plan as attached in the ordinance. Councilmember Short stated the proposed building appears to set closer to Precinct Line Road versus the adjacent building on the southern property. Director Ruthven explained he has visited this property and there appears to be no issues with the adjacent property signage with the placement of the proposed building. Councilmember Muhm questioned staff regarding the current zoning and the future land use zoning of the subject property. Director Ruthven replied the current zoning is R20-Single Family Residential and the future land use map indicates commercial. Councilmember Muhm questioned staff regarding the amount of commercial located on Precinct Line Road. Director Ruthven explained the commercial properties along Precinct Line Road. Councilmember Muhm expressed his concerns for non-commercial properties along Precinct Line Road. Mayor Kelly stated there are several opportunities for commercial development along Precinct Line Road. Mayor Kelly reopened the public hearing at 8:38 p.m. Kathy Hadley, 204 Timberline Drive North, came forward and spoke in opposition to this request with concerns for multi-family housing such as apartments. There being no one else wishing to speak regarding this item, Mayor Kelly closed the public hearing at 8:40 p.m. 6b Ordinance 0-13-1874 Consideration of amendments to Section 3.24-Schedule of Permitted Principal Uses of Chapter 3-Land Use of the Land Development Code, Case GC13-005 Mayor Kelly read the caption of Ordinance 0-13-1874. City Council Minutes May 7, 2013 Community Development Director Ron Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:43 p.m. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing at 8:43 p.m. Mayor Kelly explained this is an area in the Land Development Code that needs to be updated. Director Ruthven concurred. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3624 Consideration for a variance from the sign regulations regarding a monument sign on Lot 1A, Block 1, Northeast Professional Park, located at 5301 Colleyville Boulevard, Case SC12-011 Mayor Kelly read Resolution R-13-3624 in its entirety. Mayor Kelly opened the public hearing at 8:47 p.m. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing at 8:47 p.m. Councilmember Muhm questioned staff regarding how many businesses will be listed on this sign. Director Ruthven replied there could potentially be 15 businesses listed on the sign. Councilmember Muhm questioned staff regarding if the applicant has indicated the trees would obstruct the sign. Director Ruthven replied the property owner has actually trimmed the trees so they would not obstruct the sign. Councilmember Muhm stated the sign would not have to be at the requested height if the trees were removed. Director Ruthven concurred and replied one tree has already been removed since it was located in the right-of-way. Councilmember Muhm stated having concerns for the signs being seen since they are so small. Councilmember Wollin questioned staff regarding if the portion next to the driveway entrance had been considered. Director Ruthven replied the sign would have to be placed outside of the visibility triangle, therefore, that particular location would not work. City Council Minutes May 7, 2013 Mayor Kelly questioned staff regarding if the lack of a majority vote from the Sign Board of Appeals required this item to come to City Council for approval. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if there are 12 foot signs in this area, and further down Colleyville Boulevard. Director Ruthven replied yes. Councilmember Muhm stated he wished the applicant was present to ask questions. Councilmember Wollin stated there have been signs approved at this requested height. Councilmember Wollin moved to approve Resolution R-13-3624. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 4 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, and Stan Hall Nay: 3 — Councilmembers Michael Muhm, Jody Short, and Mike Taylor Mayor Kelly recessed the regular meeting at 8:52 p.m. due to technical difficulties. Mayor Kelly reconvened the regular meeting at 9:07 p.m. 8. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING 8a Ordinance 0-13-1867 Consideration of a request to rezone from R20-Single Family Residential to PUD-R-Planned Unit Development Residential on 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, Case ZC12-025 Mayor Kelly read the caption of Ordinance 0-13-1867. Community Development Director Ron Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 9:07 p.m. Brett Pedigo, Terra Manna, came forward to present the agenda item and brief the City Council. Matt Quinn, 5020 Stonebridge, came forward and spoke in opposition to this request with concerns with density. City Council Minutes May 7, 2013 Steve Hickson, 1315 Glade Road, came forward and spoke in opposition to this request with concerns for density. Bryan and Judy Berry, 5000 Stonebridge Drive, came forward and spoke in opposition to this request with concerns for traffic and the price range of $200 dollars a square foot. Martha Dameron, 1600 Cherry Lane, came forward and spoke in support of this request. Kathy Hadley, 204 Timberline Drive North, came forward and spoke in opposition to this request with concerns for density, overcrowding in the schools, and traffic. Sam Hatton, 5024 Stonebridge, came forward and spoke in support of this request. The following persons filled out a speaker card in opposition to this request, however did not wish to speak: Jimmy Callahan, 5019 Bluebonnet Drive; Mary Callahan, 5019 Bluebonnet Drive; Captain Irwin Patch Jr., USN (RET) 5144 Stonebridge Drive; Dan Winters, 5013 Rose Street; David Gardner, 5017 Bluebonnet Drive; Jackie Gardner, 5017 Bluebonnet Drive; Heather Hickson, 1313 Glade Road; Reta Sage, 5117 Stonebridge Drive; Sally Coleman, 5113 Stonebridge Drive; Karen and Dale Miesen, 5121 Stonebridge Drive; Ava Fryer, 5129 Stonebridge Drive; Troy and Pam Marshall, 5021 Stonebridge Drive; Debbie Free, 5005 Stonebridge Drive; Leon Maxwell, 5137 Stonebridge Drive; and Lori Winters, 5013 Rose Street. The following person filled out a speaker card in support to this request, however, did not wish to speak: Ray Dameron, 1600 Cherry Lane. There was no one else present wishing to speak regarding this item and Mayor Kelly closed the public hearing at 9:47 p.m. Councilmember Muhm questioned Mr. Pedigo regarding what are the sticking points with the residents. Mr. Pedigo explained the development originally started out with 50 lots, and since then has been reduced to 36 lots, with appropriate lot dimensions. He further stated the residents do not like the density however; we are not able to develop this property at less than 36 lots. Councilmember Muhm questioned Mr. Quinn regarding if the lot density is the real sticking point. Mr. Quinn replied the density is the issue. Councilmember Muhm stated this has been a difficult process for everyone, and almost everything has been agreed upon, except for the lot density. x ' µ .- f City Council Minutes May 7, 2013 Councilmember Muhm questioned Mr. Pedigo regarding if there is anything else that can be done. Mr. Pedigo replied no. He explained he wants to have a successful project. Councilmember Wollin questioned Mr. Hatton regarding why most of the homeowners are opposed to this request. Mr. Hatton replied the ones who remain opposed are against the density. He replied some have not gotten around to withdrawing their opposition. He stated the developer has tried to work with the adjacent homeowners. He stated the six lots given up to reach the 30 count are along Bluebonnet Drive. Councilmember Wollin questioned staff regarding if the super majority vote still remains in place. Director Ruthven replied yes. Councilmember Wollin questioned staff regarding if the Bidault house is calculated in this number. Director Ruthven stated the City owns this property; therefore the City has not taken a stance one way or the other. Councilmember Wollin stated the developer has addressed her concerns, but stated still having concerns for the development of Glade Road and the intersection at Glade Road and Bluebonnet Drive. Councilmember Wollin questioned staff regarding if the choices for the Glade Road development and the intersection are being limited with this development. City Engineer Hutt replied the development will not cause any issues with those projects. Councilmember Wollin questioned staff regarding if the percent of open space would be reduced for the intersection improvement, given that the development is currently at 23 percent. Director Ruthven replied if the ordinance is approved at 23 percent, the developer will have to maintain 23 percent regardless. Engineer Hutt stated the developer will have to dedicate right-of-way. Councilmember Muhm questioned staff regarding how the developer will add more open space if some is reduced. Director Ruthven stated, if the City needed additional right-of-way, the developer would not be penalized for something he had no control over; therefore the development would be legal non-conforming. Councilmember Taylor stated the resident's issues with regard to drainage have been addressed. He explained the process in which the stormwater systems are being updated with current and future developments. He stated the density has been addressed since the development started with 50 lots and has ended with 36 lots. He further explained this development is consistent with the Master plan. Mayor Kelly questioned staff regarding the current zoning of the property to the south. Director Ruthven replied R40-Single Family Residential with a small pocket of R20-Single Family Residential. City Council Minutes May 7, 2013 Mayor Kelly questioned staff regarding the original zoning of the property to the west was R20-Single Family Residential and then it was zoned Institutional, and then a PUD-R-Planned Unit Development Residential, the Bridges at Riverwalk, with a commercial component, correct? Director Ruthven replied yes. Mayor Kelly questioned staff regarding the current zoning of the subject property. Director Ruthven replied R20-Single Family Residential. Mayor Kelly questioned staff regarding if the current zoning would support a maximum of 20 lots, and some could face Bluebonnet Drive and Glade Road with second story windows. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if the current zoning requires open space. Director Ruthven replied no. Mayor Kelly questioned staff regarding if a drainage plan is required with the current zoning. Director Ruthven replied no. Mayor Kelly questioned staff regarding if a development similar to the Bridges at Riverwalk could be developed with a commercial component at Bluebonnet Drive and Glade Road. Director Ruthven concurred. Mayor Kelly restated the current development components: 36 lots, no lots on Bluebonnet Drive, one entrance, 23 percent open space, comprehensive drainage plan and other amenities, such as sidewalks and no second story windows, with a reduced traffic density. Mayor Kelly stated the commercial component on Glade Road and the potential residents on Bluebonnet Drive could cause more traffic concerns than what is being proposed with this development. Director Ruthven concurred. Mayor Kelly moved to approve Ordinance 0-13-1867. Councilmember Short seconded the motion. Councilmember Wollin then made an amendment to include, in the ordinance, the developer/neighboring citizen's agreement that was presented. Both Mayor Kelly and Councilmember Short agreed to include the amendment. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Jody Short, and Mike Taylor Nay: 1 — Councilmember Stan Hall City Council Minutes May 7, 2013 8b Ordinance 0-13-1868 Approval of amendments to the Future Land Use Map of the Colleyville Master Plan for 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, from an Office Land Use Designation to a Single Family Land Use Designation Mayor Kelly read the caption of Ordinance 0-13-1868. Community Development Director Ron Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 10:25 p.m. The following person filled out a speaker card in opposition to this request, however did not wish to speak: Leon Maxwell, 5137 Stonebridge Drive. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing at 10:25 p.m. Councilmember Muhm moved to approve Ordinance 0-13-1868. Councilmember Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Jody Short, and Mike Taylor Nay: 1 — Councilmember Stan Hall 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathleen Hennessey, 5013 Stonebridge Drive, came forward and spoke about the Glade Road "chokepoint" concerning drainage along the developments along Glade Road, particularly at the Riverwalk intersection. David Smullin, 7301 Windswept, came forward and spoke about the effects of the asphalt berm located on the street adjacent to his driveway. 10. REPORTS Planning and Zoning Commission Meeting Minutes - April 8, 2013 There was no discussion regarding this item. City Council Minutes May 7, 2013 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MAY 7, 2013 - Reading and Public Hearing - Resolution R-13-3625 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn, and Mayor Pro Tern Hart seconded the motion. The motion carried with the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Mayor Kelly adjourned the City Council meeting at 10:43 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 14TH DAY OF MAY 2013. Minutes taken and prepared by: 4 Amy Shelley City Secretary