HomeMy WebLinkAboutCity Council-Agenda Packets-12/17/2024
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL AGENDA
100 Main Street, Colleyville, Texas, 76034
TUESDAY, DECEMBER 17, 2024
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of Heroes Park nomination criteria and process
WS-2 Discussion of the Recreation Center expansion
WS-3 Discussion of the December 17, 2024, 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 551.087 – 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: Pastor Lee Johnson, Bear Valley Church
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
City Council Agenda December 17, 2024
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-24-4998
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcement of the Community Christmas Tree winners
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4999
4a Approval of the minutes of the regular City Council meeting of
December 3, 2024
4b Approval of an Advisory Services Agreement with Specialized Public
Finance Inc. for financial advisory services related to the issuance of
debt and authorizing the City Manager to execute the agreement
4c Approval of a Bond Counsel Services Engagement Agreement with
Norton Rose Fulbright and authorizing the City Manager to execute the
agreement
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - November 2024
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-24-2305
Consideration of a Special Use Permit to allow for a fence on Lot 1,
Block 1, Chelsea Park Addition, located at 5000 Chelsea Drive, Case
ZC24-020
6b Ordinance O-24-2306
Consideration of changing the zoning from AG Agricultural to CC-1
Village Retail on Lot 2, Block 1, First Baptist Church Addition, located
at 1007 Church Street, Case ZC24-021
6c Ordinance O-24-2307
Consideration of a Special Use Permit to allow for a fence on Lot 16,
Block 8, Oak Crest Hills Addition, located at 405 Oak Valley Drive,
Case ZC24-022
6d Ordinance O-24-2308
Appeal of decision of denial by the Planning and Zoning Commission
for consideration of a Special Use Permit to allow for a residential
carport on Lot 8, Block 1, Arbor Estates Addition, located at 2401
Spruce Court, Case ZC24-023
City Council Agenda December 17, 2024
City of Colleyville Page 3
6e Ordinance O-24-2309
Consideration of a Special Use Permit for a reduction in parking on Lot
1, Block 1, Gonzalez Addition, located at 6609 Colleyville Boulevard,
Case ZC24-026
6f Ordinance O-24-2310
Amending Ordinance O-23-2256 relating to the Fiscal Year 2024
budget
6g Ordinance O-24-2311
Amending Sections 3A and 3B of the Water and Sewer Policy and
Procedure manual as contained in the Code of Ordinances of the City
of Colleyville, Texas, adjusting water and wastewater volumetric rates
to pass through changes from the Trinity River Authority
7. CITIZEN COMMENTS
8. REPORTS
Colleyville Library Board Minutes - October 14, 2024
Planning and Zoning Commission Minutes - November 12, 2024
Planning and Zoning Worksession Minutes - November 25, 2024
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
DECEMBER 17, 2024 - READING AND PUBLIC HEARING -
RESOLUTION R-24-5000
10. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 13,
2024 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
817.503.1130, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number WS-1 Agenda Date 12/17/2024
Type Worksession
Department Community Development
Title
Discussion of Heroes Park nomination criteria and process
Explanation
The Heroes Park Design Committee met on November 14, 2024 and December 10, 2024
to discuss the criteria for nominations of heroes to Heroes Park. This agenda item
provides for a presentation of Committee recommendations and discussion by the City
Council.
Attachments
1. Hero Nominations Criteria
CITY OF COLLEYVILLE
HEROES PARK NOMINATIONS
ELIGIBILITY CRITERIA
Heroes Park is intended to serve as a place where Colleyville’s military and community heroes
can be honored. The park contains low walls where individual plaques may be placed to
recognize specific individuals. In order to nominate an individual for inclusion in Heroes Park,
the individual must meet the criteria below for either a military or community hero, to be
considered.
MILITARY HERO
Military hero nominees must meet the two-part eligibility criteria below:
1. Military Service (must meet one of the following):
a. A deceased or living military veteran who received an honorable discharge
(confirm military service has been concluded)
2. Colleyville Connection (must meet one of the following):
a. Lived in Colleyville for a minimum of five (5) years
b. Maintained a Colleyville permanent address at any point during active military
service
c. A Gold Star family that has lived in Colleyville for a minimum of five (5) years
(must meet qualifications of Gold Star family as defined by Gold Star Families of
Texas)
Nominations must include documentation verifying military service and compliance with one of
the Colleyville Connection criteria listed above.
Please note that nominations of individuals who meet the military service criteria, but not the
Colleyville connection requirement, will not be considered. The City recognizes and appreciates
their service to the United States. It is our hope that these individuals will be recognized and
honored in their respective hometowns and appropriate state or national memorials.
COMMUNITY HERO
Community heroes must have made significant contributions and sacrifices for the betterment
of the Colleyville community. Nominees must have lived in Colleyville for a minimum of five (5)
years. Their acts of service must have benefited Colleyville residents.
Community Heroes must have demonstrated one or more of the following traits:
• Served the community in an extraordinary way;
• Demonstrated a significant commitment to the community;
• Improved the quality of life for Colleyville citizens;
• Demonstrated leadership resulting in contributions which had a positive impact on the
Colleyville community; and/or
• Contributed their talents through acts of goodwill without personal or monetary
compensation.
While these traits will be common among those designated as a Community Hero, the specific
contributions of each person will be as varied and diverse as the citizens of Colleyville.
Nominations must describe how the Nominee served the community in a substantial way,
leaving a lasting impact on Colleyville. This may have been accomplished through extensive
volunteer service which bettered Colleyville, whether through opportunities directly with the
City or through local organizations.
Nominations should not rely on the following for the primary basis of eligibility:
•Years of service
•Monetary donation
•Status as elected or appointed official (board or committee service)
Community Hero Nominees may be deceased or living. If living, the nominee must have
concluded their career or service.
City Employees:
First responders (Police, Fire, or other City employee) who lost their life in service to the
Colleyville community are eligible for nomination as Community Heroes and will be considered
for designation strictly based on their personal sacrifice. These individuals will be automatically
approved.
Employment with or retirement from the City are not sufficient as the primary basis for
nomination. Actions performed as a normal course of work responsibilities are not considered
extraordinary. To be eligible for nomination, an employee must meet the same threshold of
significant contribution to the Colleyville community as that described above for Community
Heroes. In consideration of City employee nominations, the residency requirement (minimum
number of years) would not apply.
PROCEDURE
The City of Colleyville will hold an annual call for nominations. Nominations may be made
during this time only.
The Heroes Park Committee will review applications for eligibility (Military Hero) and/or merit
(Community Hero). The Committee will then recommend which individuals nominated should
be added to those recognized in Heroes Park.
In the event of insufficient information or documentation, a nomination may be held until the
following year if information cannot be provided in time for the current year’s evaluation
process.
Committee decisions are final.
TIMELINE
A call for nominations will be held each year. Nominations may be submitted from July 1 to
December 30. The Committee will review nominations from January to March, or earlier as
needed based on volume of nominations received.
New heroes inducted into Heroes Park will be announced each year at the Stars & Guitars
celebration, typically held in June.
REMOVAL PROCESS
In the (hopefully) extremely rare event that an individual honored in Heroes Park should be
considered for removal, a unanimous vote of the Committee is required. Proof of reasoning for
removal must be provided.
POLICY AMENDMENTS
By vote of the Heroes Park Committee and approval by City Council the criteria outlined in this
policy may be amended.
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number WS-2 Agenda Date 12/17/2024
Type Worksession
Department City Manager
Title
Discussion of the Recreation Center expansion
Explanation
Staff will provide an update on the Recreation Center expansion.
Attachments
1. Colleyville Recreation Center Expansion presentation
Recreation
Center
Expansion
Update
City Council Worksession
December 17, 2024
Rec Center Expansion
Rec Center Expansion
Rec Center Expansion
Rec Center Expansion
Rec Center Expansion
Recreation Center Expansion
Recreation
Center
Expansion
Update
City Council Worksession
December 17, 2024
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number WS-3 Agenda Date 12/17/2024
Type Worksession
Department City Secretary
Title
Discussion of the December 17, 2024, City Council regular agenda items
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 1 Agenda Date 12/17/2024
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 551.087 – 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-24-4998
A RESOLUTION APPROVING COUNCIL ACTION REGARDING
EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL
MEETING OF DECEMBER 17, 2024
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 17TH DAY OF
DECEMBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven Bobby Lindamood
City Secretary, TRMC Mayor
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 3 Agenda Date 12/17/2024
Type Announcements, Proclamations, and Presentations
Department City Manager
Title
Announcement of the Community Christmas Tree winners
Attachments
RESOLUTION R-24-4999
APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT
THE REGULAR CITY COUNCIL MEETING OF DECEMBER 17, 2024
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
December 3, 2024
b. Approval of an Advisory Services Agreement with Specialized
Public Finance Inc. for financial advisory services related to the
issuance of debt and authorizing the City Manager to execute
the agreement
c. Approval of a Bond Counsel Services Engagement Agreement
with Norton Rose Fulbright and authorizing the City Manager
to execute the agreement
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 17TH DAY OF
DECEMBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven Bobby Lindamood
City Secretary, TRMC Mayor
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL MINUTES
100 Main Street, Colleyville, Texas, 76034
TUESDAY, DECEMBER 3, 2024
Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on
Tuesday, December 3, 2024, at 5:30 p.m.
ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy
Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben
Graves, Kimberly Holt Gunderson, and Tim Raine.
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, Building Official Greg
Goodrich, Code Enforcement Officer Kerk Gray, Public Works Director Amber
Beard, Capital Projects Program Manager Elijah Dorminy, City Attorney Nicole
Corr, and City Secretary Christine Loven.
WS-1 Discussion of the Cheek-Sparger Road Intersection Study
Director of Public Works Amber Beard provided an introduction for Kimley Horn
Project Team Member, Lucy Cunningham. Ms. Cunningham reviewed the
methodology and analysis results of the Cheek-Sparger Road at Bedford Road
intersection study. Based on the study, Kimley Horn recommended a roundabout
be placed at this intersection with a bypass lane in future years.
Kimley Horn also studied the Cheek-Sparger Road at Martin Parkway intersection
and recommended a traffic signal; with the assumption, Cheek-Sparger Road will
be expanded.
There was general discussion regarding the timeline of the project, traffic counts,
and current and future needs. City Council asked Kimley Horn to investigate an
adjustment to the west turn lane and right-of-way on the Bedford Road
roundabout and expressed interest in proceeding. The City Council noted the
traffic signal at Martin Parkway will be evaluated at a later date.
WS-2 Discussion of adopting the current International Building Code series to
include the Property Maintenance Code
Community Development Director Ben Bryner presented this item noting the City
currently operates under the 2018 International Code and 2020 National Electric
Code and NCTCOG amendments. He stated the purpose of this item is to seek
approval to establish a program to adopt the codes on a three-year cycle, and
offset by one year for the I-Codes and two years for the NEC and limit the
City Council Minutes December 3, 2024
City of Colleyville Page 2
adoption of regional amendments. Director Bryner reviewed the major code
changes in each code category, stated the International Property Maintenance
Code is part of the codes package, and would provide for regulation of minimum
maintenance requirements for existing buildings, which are not currently in place.
There was discussion regarding lithium ion batteries, the property maintenance
codes, and timeline for implementation. City Council directed staff to move
forward with bringing an ordinance before them at a future meeting.
WS-3 Discussion of Building Permit Fees
Community Development Director Ben Bryner presented this item, which provided
a review of building permit fees. Staff recommends increasing fees from $0.80 sq.
ft. to $1.00 sq. ft. for remodels and accessory buildings, from $75 to $100 for
mechanical, electrical, plumbing, sign, and fence permits and from $50 to $100,
the fence permit. Director Bryner noted the increase would provide for Colleyville
to be in alignment with surrounding cities and to ensure development covers a
portion of costs for compliance.
City Council directed staff to move forward with preparing an ordinance for City
Council action.
WS-4 Discussion of the December 3, 2024, City Council regular agenda items
There was no discussion and Mayor Lindamood adjourned the Worksession at 6:21
p.m. and called the 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 551.087 – 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
City Council Minutes December 3, 2024
City of Colleyville Page 3
There was no action taken and Mayor Lindamood adjourned Executive Session at
7:10 p.m.
Mayor Lindamood called the regular meeting of the City Council to order at 7:17
p.m. and called the roll.
ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy
Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben
Graves, Kimberly Holt Gunderson, and Tim Raine.
INVOCATION: Martin Schmidt, Baha'I Community
PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-24-4993
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Mayor Lindamood and the City Council provided announcements regarding
community news and upcoming events.
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4994
4a Approval of the minutes of the regular City Council meeting of
November 19, 2024
4b Approval of rejecting all bids for the Justice Center Roof Rehabilitation
Project
4c Approval of an amendment to the Professional Services Agreement with
Westwood Professional Services, Inc., amending the design parameters
for the FY2025 Green Ribbon Project to include two additional locations,
in an amount not to exceed $94,500.00, and authorizing the City
Manager to execute the amendment
4d Casting the City's 17 ballots for the election to the Tarrant Appraisal
District Board of Directors
Mayor Lindamood read Resolution R-24-4994 in its entirety.
Public Works Director Amber Beard presented items 4b and 4c, and City Secretary
Christine Loven presented item 4d.
City Council Minutes December 3, 2024
City of Colleyville Page 4
There was discussion regarding the candidates for 4d.
Mayor Lindamood opened and closed the public hearing without any speakers.
Mayor Lindamood made a motion to approve Resolution R-24-4994,
casting nine ballots to Michael Alfred and eight ballots to Sayeda Syed for
the Tarrant Appraisal District Board of Directors, seconded by
Councilmember Graves.
The motion was approved by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem
Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly
Holt Gunderson, and Tim Raine.
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-24-2305
Consideration of a Special Use Permit to allow for a fence on Lot 1,
Block 1, Chelsea Park Addition, located at 5000 Chelsea Drive, Case
ZC24-020
Mayor Lindamood read the caption of Ordinance O-24-2305.
Community Development Director Ben Bryner reviewed the request to allow for
the replacement of an existing 6-foot wood fence with an 8-foot wood fence along
Glade Road.
There was discussion of fence heights in the neighborhood and progress and state
of the current structure. The applicant was not present and Mayor Lindamood
asked staff to advise the applicant they would like him to attend the next meeting.
Mayor Lindamood opened and closed the public hearing without any speakers.
This was a first reading and no action was taken.
5b Ordinance O-24-2306
Consideration of changing the zoning from AG Agricultural to CC-1
Village Retail on Lot 2, Block 1, First Baptist Church Addition, located at
1007 Church Street, Case ZC24-021
Mayor Lindamood read the caption of Ordinance O-24-2306.
Community Development Director Ben Bryner noted the property is part of the
CrossCreek campus and stated the rezoning request is to allow for a new storage
and office building in the future.
City Council Minutes December 3, 2024
City of Colleyville Page 5
Mayor Lindamood opened and closed the public hearing without any speakers.
This was a first reading and no action was taken.
5c Ordinance O-24-2307
Consideration of a Special Use Permit to allow for a fence on Lot 16,
Block 8, Oak Crest Hills Addition, located at 405 Oak Valley Drive, Case
ZC24-022
Mayor Lindamood read the caption of Ordinance O-24-2307.
Community Development Director Ben Bryner presented this request for approval
of an SUP to allow for a wrought iron fence 6-foot in height and a portion of a
wood fence to encroach into the required street side yard setback and to be placed
along the property line.
There was discussion of the previous right-of-way dedication and the side yard
setback.
Mayor Lindamood opened the public hearing.
Osmama Nashed, Ana Consultants, 5000 Thompson Terrace, stated the Planning
and Zoning and Commission requested the screening material to be removed from
the fence, but the applicant would like it to remain, as the shrubs have not
matured to a point to provide privacy.
There was no one else wishing to speak and Mayor Lindamood closed the public
hearing.
This was a first reading and no action was taken.
5d Ordinance O-24-2308
Appeal of decision of denial by the Planning and Zoning Commission for
consideration of a Special Use Permit to allow for a residential carport
on Lot 8, Block 1, Arbor Estates Addition, located at 2401 Spruce Court,
Case ZC24-023
Mayor Lindamood read the caption of Ordinance O-24-2308.
Community Development Director Ben Bryner presented this appeal of the
Planning and Zoning Commission denial. He stated a super-majority vote is
required.
Director Bryner stated the applicant is requesting an SUP to allow a residential
carport to remain, though the carport was not permitted and exceeds carport size
and setback regulations.
City Council Minutes December 3, 2024
City of Colleyville Page 6
There was discussion of the structure and a fine.
At the City Council’s request, applicant Joe Chiles, 2401 Spruce Court, came
forward to answer questions. Mr. Chiles stated he has no excuse for not obtaining
a permit. He stated the house had set empty for several years before he
purchased it a year and half ago. He asked City Council to see the upgrades
already done to the house and stated he and his wife wanted to remain in
Colleyville.
Mayor and Council questioned Mr. Chiles regarding the work performed and
possible solutions for compliance.
Mayor Lindamood opened the public hearing.
Melanie Harris, 2403 Spruce Court, and Ellen Stotmeiter, 2306 Carlisle Avenue did
not wish to speak but registered support for this item.
Speaking in support of this item were Lora Shumate, 2407 Spruce Court, Vicki
Chiles, 2401 Spruce Court, John Schepps, 3325 Burninglog Drive, Grapevine, Gary
Case, 5607 Poplar Court West, Thomas Harris, 2403 Spruce Court, and Eric
Holland, 5500 Sycamore Drive.
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
There was general discussion regarding finishing the carport to be an accessory
building and assessing a fine. Mayor Lindamood requested Mr. Chiles meet with
City staff to review options before the next meeting.
This was a first reading and no action was taken.
5e Ordinance O-24-2309
Consideration of a Special Use Permit for a reduction in parking on Lot
1, Block 1, Gonzalez Addition, located at 6609 Colleyville Boulevard,
Case ZC24-026
Mayor Lindamood read the caption of Ordinance O-24-2309.
Community Development Director Ben Bryner stated the applicant is requesting a
reduction in parking from 27 spots to 18 to allow for a new 5,497 square foot
training and baseball facility, which the applicant states will not need the amount
of required parking as it is highly specialized one-on-one training, by appointment.
Director Bryner reviewed the Land Development Code Parking Requirement and
stated the applicant is working with the neighboring business for a shared drive
access.
City Council Minutes December 3, 2024
City of Colleyville Page 7
City Manager Jerry Ducay stated he understands this is not a zoning request,
however, as this business is located in the Light Manufacturing district, he would
like to take advantage of the SUP request to look at the elevations, related to the
architecture and landscaping, as both would be a nice feature, though the use is
utilitarian. Director Bryner stated the applicant is present and there was some
discussion regarding the site plan, however, he does not know the applicant’s
timeline for being able to provide the elevations. City Manager Ducay suggested if
there was a procedural approval of the parking issue, the SUP could be contingent
upon an architectural and landscape review of some sort.
Mayor Lindamood asked if the applicants are aware or have talked about these
suggestions. Director Bryner stated he is not aware of the applicant’s timeframe.
Mayor Lindamood also inquired on the ingress and egress at the back of the
property and the shared access. He stated he would like to see a site plan which
addresses this, and how it will back up to Ross Downs.
There was general discussion regarding the parking calculation for the use.
Russell Motz and Preston Motz, the applicants, came forward to explain the
business use and answer questions of the City Council. Russell Motz discussed
their working and development relationship with the neighboring business and
stated he is aware of Colleyville standards and the facility will be appropriate for
Colleyville. Russell Motz also stated he has elevations, but not the landscape plan,
although he does understand about the 20-foot buffer. Preston Motz discussed the
training facility and how it will operate.
Mayor Lindamood opened and closed the public hearing without any speakers.
This was a first reading and no action was taken.
5f Ordinance O-24-2310
Amending Ordinance O-23-2256 relating to the Fiscal Year 2024 budget
Mayor Lindamood read the caption of Ordinance O-24-2310.
Assistant City Manager Mark Wood presented this item noting the ordinance
provides for FY24 excess funds to be transferred to the capital projects funds.
There were no questions.
Mayor Lindamood opened and closed the public hearing without any speakers.
This was a first reading and no action was taken.
City Council Minutes December 3, 2024
City of Colleyville Page 8
5g Ordinance O-24-2311
Amending Sections 3A and 3B of the Water and Sewer Policy and
Procedure manual as contained in the Code of Ordinances of the City of
Colleyville, Texas, adjusting water and wastewater volumetric rates to
pass through changes from the Trinity River Authority
Mayor Lindamood read the caption of Ordinance O-24-2311.
Assistant City Manager Mark Wood presented this item and reviewed the
recommendations of the Water and Wastewater Rate Advisory Committee which
have been implemented since 2016. He stated the base and volumetric rates are
reviewed and updated on an annual basis and the new base rates are reflected in
bills sent in October to coincide with the City fiscal year. The new volumetric rates
are reflect on the January bills to coincide with the Trinity River Authority’s rate
changes.
There was discussion regarding the rates and providing an exemption from the
TRA 5% rate for 65 and over.
Mayor Lindamood opened the public hearing.
Sayeda Syed, 6700 Sapphire Circle North, suggested not using the volumetric
rate, but instead put a tax in place per water connection.
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
There was discussion regarding rates and when the funds will be used.
This was a first reading and no action was taken.
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-24-4995
Consideration of a Preliminary/Final Plat for the Oak Creek Subdivision,
being Lot 1, Block 1, Allzim Acres Addition and Tracts 2A7B, 2ABC, and
2A9A, Abstract 533, Mary M Freeman Survey, located at 7209 John
McCain Road and 7215 John McCain Road, Case PC24-012
Mayor Lindamood read Resolution R-24-4995 in its entirety.
Community Development Director Ben Bryner reviewed the plat and answered
questions of the City Council.
Mayor Lindamood opened and closed the public hearing without any speakers.
City Council Minutes December 3, 2024
City of Colleyville Page 9
Councilmember Alphonso made a motion to approve Resolution R-24-
4995, seconded by Deputy Mayor Pro Tem Richardson.
The motion was approved by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem
Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly
Holt Gunderson, and Tim Raine.
6b Resolution R-24-4996
Consideration of a Preliminary/Final Plat for The Bluffs of Colleyville
Subdivision, being Tracts 1B1, 1B2, 1C1, and 1B3, Abstract 294, Robert
Chowning Survey and Lot 1, Block 1, Cero Addition, located at 2417
Wilkes Drive and 6900 Pool Road, Case PC24-013
Mayor Lindamood read Resolution R-24-4996 in its entirety.
Community Development Director Ben Bryner reviewed the plat and answered
questions of the City Council.
Mayor Lindamood opened and closed the public hearing without any speakers.
Councilmember Raine made a motion to approve Resolution R-24-4996,
seconded by Councilmember Holt Gunderson.
The motion was approved by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem
Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly
Holt Gunderson, and Tim Raine.
7. CITIZEN COMMENTS
Sayeda Syed, 6705 Sapphire Circle N., thanked the City Council for the votes to
the Tarrant Appraisal District Board of Directors. She also asked City Council to
consider have special designated parking for wounded service members which
would be located near handicap parking spaces.
8. REPORTS
Colleyville Center Advisory Committee Minutes - August 19, 2024
There was no discussion of this item.
City Council Minutes December 3, 2024
City of Colleyville Page 10
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
DECEMBER 3, 2024 - READING AND PUBLIC HEARING - RESOLUTION
R-24-4997
This resolution was not needed.
10. ADJOURNMENT
There being no further business before the City Council, Mayor Lindamood
adjourned the meeting without objection by the City Council at 9:53 p.m.
APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 17TH DAY OF DECEMBER
2024.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 4b Agenda Date 12/17/2024 Number Resolution R-24-4999
Type Resolution
Department City Manager
Title
Approval of an Advisory Services Agreement with Specialized Public Finance Inc. for
financial advisory services related to the issuance of debt and authorizing the City
Manager to execute the agreement
Explanation
Reading and Public Hearing
Approval of this agreement will provide the City professional services relative to the
issuance of indebtedness (bonds) for the expansion of the Colleyville Recreation Center.
Financial Impact
The fees to be assessed will be negotiated annually, based on the City's needs.
Recommendation
Approve
Attachments
1. SPFI Financial Advisory Services Areement
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 4c Agenda Date 12/17/2024 Number Resolution R-24-4999
Type Resolution
Department City Manager
Title
Approval of a Bond Counsel Services Engagement Agreement with Norton Rose
Fulbright and authorizing the City Manager to execute the agreement
Explanation
Reading and Public Hearing
Approval of this agreement will provide the City with professional services relative to all
legal proceedings and preparation required by Texas law regarding bonds for the
expansion of the Colleyville Recreation Center.
Financial Impact
The fees to be accessed will be based on the City's needs.
Recommendation
Approve
Attachments
1. Bond Counsel Engagement Agreement
295756604.2/08014160
Norton Rose Fulbright US LLP
2200 Ross Avenue, Suite 3600
Dallas, Texas 75201-7932
United States
Paul A. Braden
Head, Public Finance
Direct line +1 214 855 8189
paul.braden@nortonrosefulbright.com
Tel +1 214 855 8000
Fax +1 214 855 8200
nortonrosefulbright.com
December 9, 2024
Jerry Ducay
City Manager
City of Colleyville, Texas
100 Main Street
Colleyville, Texas 76034
Re: Bond Counsel Services Engagement Agreement – City of Colleyville, Texas
Mr. Ducay:
We sincerely appreciate the opportunity to continue to serve as bond counsel to the City of
Colleyville, Texas (the “City”). This letter confirms that Norton Rose Fulbright US LLP will
represent the City in connection with the issuance or incurrence, from time to time, of various debt
obligations and other related matters as described herein, including a possible bond election (the
“Matter”). This letter, together with the Additional Terms of Engagement attached hereto,
evidence an agreement between the City and our firm with respect to our legal representation as
Bond Counsel to the City (the “Representation”).
Terms of Engagement
As Bond Counsel, we will prepare, or assist the appropriate City officials and staff in the
preparation of, all required legal proceedings and will perform certain other necessary legal work
in connection with the City’s authorization, issuance, and sale of its Debt Obligations (as defined
herein). Our services as Bond Counsel will include the following services:
preparation of any resolution or ordinance calling a bond election for the City and review
of City election materials after the City calls an election and prior to distribution by the City
to identify any compliance issues under applicable Texas law and current Texas Ethics
Commission positions;
preparation of any order, resolution, ordinance, trust indenture, or trust agreement
authorizing or securing bonds, certificates of obligation, notes, contractual obligations, or
other forms of indebtedness (collectively, the “Debt Obligations”), as well as redemption
orders, ordinances and resolutions to redeem outstanding Debt Obligations;
performance of required federal, State, and local tax analysis involved in planning and
executing Debt Obligation transactions;
providing legal advice to ensure compliance by the City with all federal and State securities
laws including, but not limited to, establishing internal procedures to comply with the City’s
requirements concerning continuing secondary market disclosure;
Jerry Ducay
City Manager
City of Colleyville, Texas
December 9, 2024
Page 2
295756604.2
attendance at meetings with City staff to the extent required or requested with reference
to the authorization and issuance of Debt Obligations;
attendance at meetings with the City’s financial advisor or purchasers of the City’s Debt
Obligations and with rating agencies and bond insurers to the extent required or requested
by the City;
review, negotiation, and modification of offering and sale documentation;
preparation of necessary closing documentation and supporting tax certifications and
filings;
submission of transcripts of proceedings to the Office of the Attorney General of Texas
requesting approval of Debt Obligations and coordination of registration of initial Debt
Obligations with the Comptroller of Public Accounts of Texas;
supervision of the printing and execution of Debt Obligations and the delivery thereof to
the underwriters or other purchasers or the coordination of the delivery of the Debt
Obligations to The Depository Trust Company;
representation of the City at the closing of each issue or installment of Debt Obligations;
reviewing City policies and procedures, as well as providing guidance for change and
implementation of additional policies;
conducting research and providing memoranda related to questions arising as to bond
elections, debt offerings, and post-issuance compliance;
presentation of our Firm’s market opinion addressing the validity of the Debt Obligations,
the source of payment and security for the Debt Obligations, and whether and to what
extent interest on the Debt Obligations is exempt from federal income taxation;
guidance with questions that arise from time to time relating to previously-issued Debt
Obligations, Debt Obligations to be issued, tax laws, State laws, and other questions
related to Debt Obligation financing and utilization of such funds;
presenting to the City industry-developments that could impact the City or its operational
activities; and
conducting seminars and training events for City staff involved in managing the City’s debt
portfolio.
Our engagement is to advise you with respect to legal issues only. Unless we are separately
engaged to provide such services, our duties as Bond Counsel specifically do not include:
Jerry Ducay
City Manager
City of Colleyville, Texas
December 9, 2024
Page 3
295756604.2
1. except as described above, or except as specifically engaged for such purpose, assisting
in the preparation or review of an official statement or any other disclosure document with
respect to the Debt Obligations, or performing an independent investigation to determine
the accuracy, completeness or sufficiency of any such document or rendering advice that
the official statement or other disclosure document does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the statements
contained therein, in the light of the circumstances under which they were made, not
misleading;
2. preparing requests for tax rulings from the Internal Revenue Service;
3. preparing blue sky or investment surveys with respect to the Debt Obligations;
4. drafting of state constitutional amendments or preparation of authorizing legislation;
5. providing the City with litigation support in the event of bond election contests, Texas
ethics complaints, or other bond-related controversies;
6. making an investigation or expressing any view of the creditworthiness of the City or of
the Debt Obligations or any obligor therefor;
7. responding to Internal Revenue Service audits or Securities and Exchange Commission
investigations or other regulatory entities;
8. responding to litigation challenging or otherwise affecting the issuance and delivery of the
Debt Obligations; or
9. any other matter not specifically set forth above that is not required to render the Bond
Opinion.
It is understood and agreed that our engagement is limited to the Representation. We are not
being retained as general counsel, and our acceptance of this engagement does not imply any
undertaking to provide legal services other than those set forth in this letter.
Personnel Who Will Be Working on the Matter
I will be the City’s first line of contact with the firm. Other firm personnel, including firm tax
partners, associates and paralegals, will also participate in the Matter.
Legal Fees and Other Charges
Our fees per series of Debt Obligations issued and certain other services provided as Bond
Counsel as are set forth in the “Schedule of Fees” attached hereto. Such fees(s) are typically paid
from the proceeds of the sale of the Debt Obligations or from other funds, as the City deems
appropriate. For legal work associated with an issuance of Debt Obligations, we customarily do
not submit any statement for fees and out-of-pocket expenses until the closing of the sale of the
Jerry Ducay
City Manager
City of Colleyville, Texas
December 9, 2024
Page 4
295756604.2
Debt Obligations; however, if there is a substantial delay in completing the financing or if it is
determined that the financing will not proceed to a closing, we will submit a statement for any-out-
of-pocket expenses reasonably incurred. If we are requested to perform other legal services by
the City beyond Bond Counsel, our standard hourly rates applicable to state and local government
entities would apply, such fees would be billed on a monthly basis, and those legal fees would
not be contingent on the closing of a Debt Obligation.
Conflicts of Interest
Before accepting the engagement, we have undertaken reasonable and customary efforts to
determine whether there are any potential conflicts of interest that would prevent us from
representing the City related to bond counsel services. We reviewed that issue in accordance
with the rules of professional responsibility adopted in Texas. You agree to the applicability of
those rules in regard to all matters relating to this engagement and that, in future matters involving
the City , potential conflicts of interest will be evaluated under the applicable rules of professional
responsibility. Based on the information available to us, we are not aware of any conflicts.
In addition to our representation of other companies and individuals, we also regularly represent
lawyers and law firms. As a result, opposing counsel in the Representation may be a lawyer or
law firm that we may represent now or in the future. Likewise, opposing counsel in the
Representation may represent our firm now or in the future. Further, we have professional and
personal relationships with many other attorneys, often because of our participation in bar
associations and other professional organizations. It is our professional judgment that such
relationships with other attorneys do not adversely affect our ability to represent any client. The
acceptance of these terms of engagement represents an unqualified consent to any such
relationships between our firm and other lawyers or law firms, even counsel who is representing
a party that is adverse to the City in the Representation that is the subject of this engagement or
in some other Representation.
During the course of the firm’s representation of the City , we may need to analyze or address
matters relating to our professional duties or responsibilities, and to consult with lawyers of the
firm who have been identified internally to serve as the firm’s in-house counsel about such
matters. To the extent that any conflict of interest might be deemed to exist as between the firm
and the City because of these consultations, you hereby waive any such conflict, consent to such
consultations, and agree that we have no obligation to disclose information relating to such
consultations to the City . You also agree that these consultations are protected from disclosure
by the firm’s attorney-client privilege and, as appropriate, the firm’s work product protection and
that the City will not seek to discover or inquire into them. Nothing in the foregoing shall otherwise
diminish or affect our obligation to keep the City informed of material developments in your
representation.
Due to the size, geographic scope, breadth and diversity of our practice, it is likely that current
and future clients of ours will come into contact with you, and it is important that we agree with
you on certain matters in relation to conflicts of interest to preserve our ability to represent you
while also preserving the right of our other clients or potential clients to choose us to commence
or continue as their counsel. In that regard, you consent to, and waive any conflicts of interest
Jerry Ducay
City Manager
City of Colleyville, Texas
December 9, 2024
Page 5
295756604.2
with respect to, our representation of any current or future clients (including any parties adverse
to you in this Matter) in any matter that is not substantially related to this Matter, even if their
interests are directly adverse to you or your interests in such other matter. Such current and
future clients may include your financial advisors, debtors, creditors or others who have interests
that are contrary to your interests.
We agree, however, that your consent and waiver does not permit us to represent another client
in a matter if we have obtained your non-public proprietary or other confidential information from
you that could be used by the other client to your material disadvantage, unless we take timely
and adequate steps to protect your confidential information. For the avoidance of doubt, your
agreement to these terms and conditions and the consent and waiver will have no adverse impact
upon our representation of your interests in the Representation.
Verifications
We hereby verify that Norton Rose Fulbright US LLP and its affiliates presently do not, and
through the term of the contemplated engagement, will not, (a) boycott Israel, (b) boycott energy
companies, (c) have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association, or (d) unless affirmatively declared by the United States
government to be excluded from its federal sanctions regime relating to Sudan or Iran (or any
federal sanctions regime relating to a foreign terrorist organization), appear on a list of scrutinized
companies prepared and maintained by the Texas Comptroller of Public Accounts under Section
2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following
pages of such officer’s internet website:
https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf,
https://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or
https://comptroller.texas.gov/purchasing/docs/fto-list.pdf.
The foregoing verification is made solely to enable the Issuer to comply with Sections 2252.152,
2271.002, 2274.002 and 2276.002 of the Texas Government Code. Terms used in the foregoing
verifications that are defined in the referenced sections of the Texas Government Code shall have
the meanings ascribed to such terms in such sections. The Firm hereby verifies that it does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association and will not discriminate against a firearm entity or firearm trade association
during the term of this Agreement. As used in the foregoing verification, “discriminate against a
firearm entity or firearm trade association” has the meaning provided in Section 2274.001(3),
Texas Government Code.
Conclusion
This letter and the attached Additional Terms of Engagement constitute the entire terms of the
engagement of Norton Rose Fulbright US LLP in the Representation. These written terms of
engagement are not subject to any oral agreements or understandings, and they can be modified
Jerry Ducay
City Manager
City of Colleyville, Texas
December 9, 2024
Page 6
295756604.2
only by further written agreement signed both by the City and Norton Rose Fulbright US LLP.
Unless expressly stated in these terms of engagement, no obligation or undertaking shall be
implied on the part of either the City or Norton Rose Fulbright US LLP. The execution and return
of a copy of this letter constitutes an unqualified agreement to all the terms set forth in this letter
and in the attached Additional Terms of Engagement.
If there are any questions about these terms of engagement, or if these terms are inaccurate in
any way, please let us know. Otherwise, thank you for the opportunity to continue to be of service
as your Bond Counsel!
Sincerely,
NORTON ROSE FULBRIGHT US LLP
By:
Paul A. Braden
CITY OF COLLEYVILLE, TEXAS, AGREES TO AND ACCEPTS THIS LETTER AND THE
ATTACHED TERMS OF ENGAGEMENT:
CITY OF COLLEYVILLE, TEXAS
By: ________________________________
Title: ______________________________
Date: ______________________________
295756604.2
SCHEDULE OF FEES1
A. Traditional Debt Issuance by City: Fees for Bond Counsel services in connection with a
proposed issuance of bonds or other debt obligations or other permitted borrowings (each a “Debt
Obligation”) shall be paid from proceeds of the Debt Obligation (unless otherwise directed by the
City), as set forth below:
1. Non-TWDB, USDA or RUS Financings--Traditional Property Tax Supported New
Money Debt: $9,5002 + (i) $1.00 for each $1,000 of par value of Debt Obligations issued for all
amounts up to $50 million; and (ii) $0.80 for each $1,000 of par value of Debt Obligations for all
amounts in excess of $50 million; with a minimum fee of $15,000;
2. TWDB, USDA or RUS Financings: State and Local Government hourly rates apply.
3. Revenue Obligations: 1.5 times amounts set forth in A. 1 above and/or by
agreement.
4. Refunding Obligations: 1.25 times amounts set forth above as applicable to the
type of Debt Obligations being refunded;
5. Capital Lease Financings: Reduced State and Local Government hourly rates
apply;
6. Bond Elections: $15,000 added to first Debt Obligations issued pursuant to a
successful bond election handled by the Firm;3 and
7. Bond Defeasance: $6500 per defeasance that is not part of a simultaneous
issuance of Debt Obligations. No additional charge if part of a simultaneous refunding bond
issuance.
B. Conduit Issuers, Derivatives, Credit Agreements or Other Special Obligations: In the
event (i) a conduit issuer or other non-profit corporation, including a local government corporation,
created by the City is issuing a Debt Obligation or (ii) the City or such non-profit corporation is
entering into a SWAP, derivative, hedge, credit agreement or other novel, sophisticated, non-
traditional debt instrument or Debt Obligation, the above fee schedule will be adjusted as mutually
agreed to by the parties to reflect the sophisticated nature of the transaction. In the event the
parties do not agree on a flat fee, the Firm’s then current hourly rates will apply to such transaction.
C. Expenses. In addition to bond counsel fees, the Firm would be entitled to payment or
reimbursement for out-of-pocket expenses incurred in performing services in this engagement.
Expenses incurred on behalf of the City are not contingent.
1 Unless otherwise agreed to by the parties, all legal fees are payable at closing from the proceeds of a Debt Obligation issued or
incurred by, or on behalf of, the City.
2 Such base amounts may be adjusted by bond counsel to take into account any increases in the CPI index in subsequent years;
provided however no such adjustment shall be made within two years of the date of this agreement. “CPI” means the Consumer
Price Index - All Urban Consumers, U.S. City Average, All Items (1982-84 = 100), as published by the Bureau of Labor
Statistics of the United States Department of Labor.
3 Such amount will be included in the first issue following the passage of the bond election. Any third party provider costs (i.e.
Spanish translations, publication costs) will be billed directly to the City or included as a cost reimbursement in our statement for
services rendered.
295756604.2 - 1 -
NORTON ROSE FULBRIGHT
STANDARD TERMS OF ENGAGEMENT
Norton Rose Fulbright Verein (the Verein) is a Swiss verein which does not itself engage in the
practice of law or other business. The member firms in the Verein are Norton Rose Fulbright LLP,
Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South
Africa Inc and Norton Rose Fulbright US LLP (the Members or, individually, a Member), who,
with their subsidiaries or associated entities, engage in a coordinated international legal practice,
even though they are separate law firms each of which, absent specific contractual agreement
with a client on an individual matter, is solely responsible for its own work and not for the work of
any other of them.
Each of the Members is committed to providing its clients with the highest quality legal services
and to building a lasting relationship with its clients as a trusted adviser.
To that end, these Standard Terms of Engagement will apply to all engagements between a
Member or its subsidiary or associated entity and a client unless otherwise agreed in writing by
the client and an authorized representative of such Member, subsidiary or associated entity.
These Standard Terms of Engagement are supplemented by additional standard provisions
and/or a letter or contract of engagement relevant to the jurisdiction of the Contracting Party (as
below defined).
1 Defined Terms
1.1 The following documents will constitute the entire agreement relating to the engagement
of a Contracting Party by a client: (i) any letter or contract of engagement, (ii) any
additional standard provisions referred to above, (iii) these Standard Terms, (iv) any other
terms and conditions agreed between the Contracting Party and the client, and (v) any
amendments or supplements to any of the foregoing agreed from time to time. In the
event of any conflict between the terms of the foregoing, the documents shall be construed
in the order of priority in which they are referred to above, but subject to any amendments
as referred to in (v).
1.2 In the above-mentioned documents:
(a) Any individual entity that is a Member or subsidiary or associated entity of a
Member is referred to as a Norton Rose Fulbright Entity. The Norton Rose
Fulbright Entity with which a client engages at any time is referred to as the
Contracting Party.
(b) We, our and us refer to the Contracting Party together with any other Norton Rose
Fulbright Entity to which part or all of your instructions have been referred pursuant
to paragraph 2.1(h) of these Terms; you and your refer to the client (jointly, if more
than one, and not individually) with which the Contracting Party engages. Unless
otherwise specifically agreed, you and your do not refer to and no attorney/client
or solicitor/client relationship will exist as to persons or entities related to the client
such as parent companies, subsidiaries, affiliates, employees, officers, directors,
shareholders, partners, members, commonly owned corporations or partnerships,
or other such persons, entities or affiliates.
295756604.2 - 2 -
2 Your relationship with us
2.1 When you instruct us on an individual matter, we will write to you to set out:
(a) which Norton Rose Fulbright Entity is the Contracting Party;
(b) the scope of the work we have agreed to undertake and any assumptions on which
it is based;
(c) who will be the responsible partner or director and other key team members whom
we will try not to replace, although unforeseen circumstances may require that;
(d) the fees and invoicing arrangements;
(e) any applicable limitation of liability; and
(f) the governing law applicable to the contractual relationship with you and the choice
of jurisdiction for resolving any issues.
(g) Your contractual relationship for individual matters is between you and the
Contracting Party, not any other Norton Rose Fulbright Entity nor any individual.
You understand that we do not make any promises or warranties as to the outcome
of the representation.
(h) If, with your agreement, the Contracting Party has referred all or part of your
instructions on any individual matter to one or more other Norton Rose Fulbright
Entities, legal services provided by other Norton Rose Fulbright Entities will be
governed by the terms of our engagement, which will apply as between you and
such Norton Rose Fulbright Entity or Entities, to the fullest extent permitted by the
laws and professional regulations applicable in the jurisdictions in which such other
Norton Rose Fulbright Entity or Entities operate as regards such other Norton Rose
Fulbright Entity’s or Entities’ representation of you, as well as by, if any are issued,
additional standard provisions and any letter or contract of engagement relevant
to the other Norton Rose Fulbright Entity or Entities.
3 Our fees
3.1 Our bills are payable on receipt and in the currency in which they are submitted. If you
ask us to provide bills using an e-billing solution you understand that: (i) we will send your
information to our and your third party supplier(s) to enable us to comply with your request
and the transfer is at your risk; (ii) any costs arising out of use of your third party supplier
shall be borne by you; and (iii) our compliance with your request shall not reduce the fee
otherwise chargeable by us.
3.2 If you are required by law to deduct any amount when paying a bill, you will pay to us an
additional amount so as to ensure that we receive a net sum equal to the amount of the
bill.
3.3 We need to approve in advance any proposal for any part of one of our bills to be paid by
a third party. Notwithstanding our approval, you agree that you will remain responsible for
paying the whole bill and any interest accrued on it.
295756604.2 - 3 -
3.4 Unless otherwise agreed, any other Norton Rose Fulbright Entity or Entities to whom the
Contracting Party has referred instructions under paragraph 2.1(h) may provide
statements of their fees and charges to the Contracting Party, who will include such fees
and charges in its statements to you, which you will be obligated to pay in order that it can
remit payment to such other Norton Rose Fulbright Entity or Entities.
3.5 If a bill remains unpaid 30 days after delivery:
(a) you agree that we may be entitled to charge interest, if any, on it at such rate and
under such arrangements allowable under the laws and professional regulations
applicable to us or as may be provided for in applicable additional standard
provisions or an agreement between us and you, and
(b) on giving written notice to you, we may cease work on the matter to which the bill
relates and any of your other matters. You agree that we are not responsible for
any loss resulting from such inactivity. If the matter is litigious, we may also remove
ourselves from the Court or tribunal record.
3.6 You agree that we may exercise a lien over your files and documents until all bills due to
us from you have been paid in full, subject to the laws and professional regulations
applicable to us.
3.7 If we are required by any governmental or regulatory body, or by a service provider
appointed by you, to submit one of our bills to audit, to produce documents or provide
information on any individual matter on which you have instructed us, we shall be entitled
to bill you for the work involved (and any disbursements incurred) at the rates agreed for
the relevant matter. If legal privilege attaches to any such documents, you will either waive
privilege or instruct us to review them in your interests.
3.8 We advise and you acknowledge that the Members of the Verein have an arrangement
between them that where a matter is referred by one Member to another, the referring
Member and one or more of its partners or directors may be financially rewarded for having
so referred the matter. This is an entirely internal arrangement as between the Members
of the Verein, and their respective partners and directors, and it does not require you to
pay any amount in addition to the fees, disbursements and other charges which apply
under the agreed terms of your engagement of us and, if applicable, any other Norton
Rose Fulbright Entity.
4 Disbursements and other charges
4.1 We may consider it to be in your interests to instruct counsel or engage correspondent
lawyers, experts or others on your behalf and at your expense. We will consult you before
doing so if such instructions or engagements will result in significant fees becoming
payable.
4.2 We may also charge for photocopying, telephone calls, travel, searches, court fees,
hosting on-line data or deal rooms and for other services at our or their standard rates
from time to time and for other expenses. These charges will be included in our bills and
will not include any mark-up of expenses for which the precise cost can be readily
determined but may vary from or exceed our or their direct cost for services for which the
precise cost cannot be readily determined.
295756604.2 - 4 -
5 Money held on account for you
5.1 We will deposit any money we hold on your behalf with a regulated financial institution and
manage it in accordance with the laws and professional regulations applicable to us. You
agree that we are not responsible for any loss of funds so deposited and managed.
5.2 If you deposit money with us on account of our fees, the principal and interest accrued, if
any, will be applied to your final bill, rendered when we complete your instructions. Unless
you and we have agreed otherwise, we may also apply any part of the money in settlement
of any outstanding interim bills we submit to you.
6 Communicating with us
6.1 When you seek and receive legal advice from us on your rights and obligations, legal
advice or attorney-client privilege will attach to our communications related to that advice.
If we act for you in contemplated or actual legal proceedings, litigation or attorney-client
privilege will attach to our communications related to those proceedings.
6.2 You agree that we may communicate with you using electronic means, knowing that
certain risks (including, for example, interception, unauthorized access and risk of viruses)
are associated with such means.
7 Confidentiality, conflict of interests, and our relationships with other clients
7.1 We will keep all information obtained from you, which is not in the public domain,
confidential, and will only otherwise disclose it with your authority or if required to do so
by the laws and professional regulations applicable to us or if permitted under
paragraph 9.3. Nevertheless, you agree that we may disclose any relevant information in
order to protect and/or defend ourselves in any actual or threatened legal, civil or
regulatory proceeding and may also disclose any relevant information in confidence to our
insurers, insurance brokers, auditors, bankers and other advisers if and to the extent such
disclosure may occur without waiving or losing any applicable legal privilege.
7.2 You will provide us, and will instruct your other advisers and any co-venturer or other co-
participants to provide us, on any matter on which we are instructed, with all relevant
information and documents, all of which will have been properly obtained and on which
we may rely without verification. You agree that, unless you instruct us otherwise, we may
disclose any relevant information to your other professional advisers.
7.3 Norton Rose Fulbright is a large coordinated international legal practice with multiple
offices around the world. Because of the size, geographic scope, breadth and diversity of
the practice, it is inevitable that current and future clients of ours will come into contact
with you, and it is important that we agree with you on certain matters in relation to conflicts
of interests to preserve our ability to represent both you and other clients. You agree that
we may represent current or future clients (including any parties adverse to you in this
Matter) in any other matter (including in litigation, arbitration, or other dispute resolution
proceedings) that is not substantially related to your Matter, even if their interests are
directly adverse to you or your interests in that other matter. We agree, however, that we
will not represent another client in a matter if we have obtained non-public proprietary or
other confidential information from you that could be used by that other client to your
material disadvantage in that matter. You agree and accept that you have access to
independent advice on the effect of this paragraph 7.3 and that your signature by way of
295756604.2 - 5 -
acceptance of the provisions of the engagement letter to which these Terms apply is
confirmation that you understand the scope and application of this paragraph and that you
have no questions or concerns in that respect.
7.4 You agree that we or any other Norton Rose Fulbright Entity may act for other clients in
transactions or disputes in which you or any affiliated entity of yours has an interest
provided that we or such other Norton Rose Fulbright Entity do not thereby breach our or
their duty of confidentiality to you.
7.5 You agree that we are under no duty to disclose to you or use on your behalf any
information in respect of which we or any other Norton Rose Fulbright Entity owe a duty
of confidentiality to another client or any other person.
7.6 You agree that we may disclose our role as legal advisers in any matter on which we are
instructed following its completion, for the purposes of publicity, unless you instruct us
otherwise. You also agree that, unless you instruct us otherwise, we may publicize the
fact that we have a relationship with you.
8 Complaints
8.1 Any concerns or complaint about our work should be directed initially to the
partner/director responsible for carrying out your instructions or, if you prefer, to the
relationship partner/director. We maintain internal procedures that can be employed
should a concern require escalation beyond the responsible partner/ director. The laws
and professional regulations applicable to us may also provide formal complaint
procedures.
8.2 In particular, you should raise any queries regarding any of our bills with the partner or
director responsible for the matter as soon as possible. If any part of one of our bills is
queried by you or the relevant payer, you agree to immediately pay, or procure payment
of, those parts not subject to query.
9 Data protection, exchange of information and storage of documents
9.1 We act as a data controller in the provision of our legal services. We will process personal
data provided to us by you or your employees or agents in relation to any instruction in
accordance with data protection standards required by applicable law and will implement
appropriate technical and organizational security measures to protect against
unauthorized or unlawful processing of that personal data and against accidental loss of,
or damage to, that personal data. Please see our Privacy notice for further information on
our processing of personal data: http://www.nortonrosefulbright.com/privacy-notice/.
9.2 Each party (you and we) will assist the other party in complying with its respective
obligations under applicable data protection law and will ensure that the provision of
personal data to the other party is fair and lawful. You agree that you will make our Privacy
notice available to your employees or other individuals whose personal data you share
with us where this provision of information is required by applicable data protection law.
We in turn agree that we will promptly notify you either: (i) upon receipt of a request or
complaint from a regulatory authority or an individual exercising a data subject right; or (ii)
in the event of loss, disclosure or unauthorized or unlawful processing of personal data
that you have provided to us or that we have obtained on your behalf. We will cooperate
with you and provide all reasonable assistance as may be required in either case.
295756604.2 - 6 -
9.3 In the course of providing our services to you, personal data (if any) with respect to
persons in the European Economic Area (EEA) may be accessible to and used by other
Norton Rose Fulbright Entities and their contractors and/or agents, including those located
outside the EEA where data protection laws may not be as comprehensive as in the EEA,
but as to such personal data we will ensure compliance with the data protection standards
of the EU General Data Protection Regulation 2016 or higher standards under other laws
applicable to such personal data.
9.4 We will also share your contact details, and those of your staff with whom we have contact,
with other Norton Rose Fulbright Entities in order to provide you with information relevant
to your business, and to ensure your continuous access to publications, events and news
in areas of interest to you. Where your employees supply their contact details to us, we
will only use that personal data in accordance with our Privacy notice referenced above
or as otherwise consented to by them.
9.5 We will not exchange information that will result in waiver or loss of any client privilege
with other Norton Rose Fulbright Entities. Otherwise, you agree that the Contracting Party
may exchange your information (including personal data) with other Norton Rose Fulbright
Entities, including for the purposes of conflict checking, compliance, financial planning,
billing, business development and matter management. Arrangements are in place
among all Norton Rose Fulbright Entities to protect the confidentiality of the information
exchanged.
9.6 We may outsource certain functions associated with servicing clients to a service center
dedicated to Norton Rose Fulbright located outside of the EEA or to other third party
providers. For example, we may outsource information and document management,
office support, technology and IT services, word processing, photocopying, and translation
services.
9.7 Some of your data may be stored using cloud technology managed by a third party service
provider. We have agreements in place with the third party service providers referred to
in paragraphs 9.6 and 9.7 where applicable and also employ technical and organizational
measures to protect the confidentiality and security of any information shared with them.
9.8 We do not undertake to store or retain your files (whether paper or electronic) for any
particular period of time, but will do so for at least the minimum number of years required
by applicable laws and professional regulations or local business custom. Files may be
destroyed at any time after the expiry of such period, without notice, except those files you
ask be delivered to you.
10 Copyright and intellectual property
10.1 We retain all copyright and other intellectual property rights in all material developed,
designed and created by us in the course of a matter. You may only use and copy material
created by us for you, or which we have developed independently of our work for you and
used in the course of your matter, in accordance with our advice or specific license terms.
All material must be kept confidential by you unless we agree otherwise.
10.2 We may use all material created and/or modified by us in the course of any matter for legal
training, forms, service development (including in the training of artificial intelligence
technologies in which event the materials may be hosted on a third party system) and
research purposes, without reference to you.
295756604.2 - 7 -
11 Our compliance with certain laws and regulations
11.1 We may require you to provide identifying documents and information concerning yourself
and individuals and/or entities associated with you in order to comply with anti-money
laundering laws and regulations, and to keep those documents and information up to date.
We may be unable to carry out your instructions if we are unable to verify your identity or,
in some instances, the identities of your directors, shareholders and eventual beneficial
owners. We shall only process such identifying documents and information for the
purposes of preventing money laundering or terrorist financing and to fulfil any other legal
and regulatory obligation and shall retain it for the period necessary in accordance with
permitted or required retention and limitation periods and in accordance with our data
protection obligations as set out at paragraph 9 above.
11.2 We may be required by law or regulation to report to a governmental or regulatory authority
our knowledge and/or suspicion that certain criminal offences have been committed,
regardless of whether such an offence has been committed by a client of ours or by a third
party. We may not be able to discuss such reports with you because of restrictions
imposed by those laws and regulations, and we may have to cease acting for you in those
circumstances. You agree that we are not responsible for any adverse consequences you
may suffer as a result of our compliance with such laws and regulations.
12 Force majeure
Neither you nor we will be responsible for failure to perform our respective obligations
concerning your instructions (save for your responsibility to pay our bills in full) if the
failures are due to causes outside, respectively, your or our control.
13 Amendments
From time to time, we may need to amend these terms of engagement. If this occurs, we
will notify you of the changes by means of a notice in the Legal Notices section of our
website but they will not affect any matter on which we are then currently instructed.
14 Limitations
If the validity or enforceability of any of these terms of engagement is in any way limited
by the laws and professional regulations applicable to us, those laws and professional
regulations will take precedence over these terms of engagement but they will be valid
and enforceable to the fullest extent permitted by such laws and professional regulations,
and such limitation shall not affect the validity or enforceability of any other term.
15 Integrity and ethics
Our policy is to act at all times in accordance with the highest professional, ethical and
business standards, and we expect you to act in like manner in all your dealings with us
and your business counter-parties. We do not countenance bribery or corruption in any
form and you agree (i) not to expect or request any conduct from us that might bring our
name into disrepute or compromise our integrity, (ii) that you and your employees and
agents will refrain from any practices involving bribery or any other corrupt activities, and
(iii) that you have taken or will take internal steps or procedures designed to ensure that
the risk of corruption and bribery during the course of our relationship is eliminated.
295756604.2 - 8 -
16 Termination
16.1 Either you or we may terminate our engagement at any time by giving reasonable prior
notice in writing, subject, in our case, to any applicable laws or regulations. We will only
stop acting for you if we believe we have a good reason to do so, including in the
circumstances contemplated by paragraph 3.5 (b), but we retain sole discretion regarding
any such decision.
16.2 If our engagement is terminated for any reason, you agree to pay in full our bills
representing fees, costs, disbursements and other charges up to the time of the
engagement’s termination.
16.3 An attorney/client relationship exists between you and us only if, at the relevant point in
time, we are working under instructions from you; we shall have no duty to provide you
advice at any other time concerning changes in laws, rules or regulations that might affect
your rights. Further, if we are not under instructions from you at a given point in time, you
agree that, unless prohibited by applicable laws or regulations, we are entitled to accept
at that time other instructions to act in respect of the subject matter of your previous
instructions although we will not disclose to, or use to the benefit of, another client any
information or documents in respect of which we owe you a duty of confidentiality.
16.4 We and other Norton Rose Fulbright Entities may send you general information on legal
developments without charge, or may include you in general mailings, after our or their
engagement with you has been terminated. This will not change the fact that our or their
engagement has been terminated.
Standards of Professionalism and Attorney Complaint Information
Pursuant to rules promulgated by the Texas Supreme Court and the State Bar of Texas, we are
to advise our clients of the contents of the Texas Lawyer’s Creed, a copy of which is attached. In
addition, we are to advise clients that the State Bar of Texas investigates and prosecutes
complaints of professional misconduct against attorneys licensed in Texas. A brochure entitled
Attorney Complaint Information is available at all of our Texas offices and is likewise available
upon request. A client that has any questions about State Bar’s disciplinary process should call
the Office of the General Counsel of the State Bar of Texas at 1-800-932-1900 toll free.
295756604.2 - 9 -
THE TEXAS LAWYER’S CREED — A MANDATE FOR PROFESSIONALISM
The Texas Supreme Court and the Texas Court of Criminal Appeals
adopted this Creed, with the requirement that lawyers advise their clients
of its contents when undertaking representation.
I am a lawyer; I am entrusted by the People of Texas to preserve and
improve our legal system. I am licensed by the Supreme Court of
Texas. I must therefore abide by the Texas Disciplinary Rules of
Professional Conduct, but I know that Professionalism requires more
than merely avoiding the violation of laws and rules. I am committed
to this Creed for no other reason than it is right.
I. OUR LEGAL SYSTEM. A lawyer owes to the administration of
justice personal dignity, integrity, and independence. A lawyer should
always adhere to the highest principles of professionalism. I am
passionately proud of my profession. Therefore, “My word is my
bond.” I am responsible to assure that all persons have access to
competent representation regardless of wealth or position in life. I
commit myself to an adequate and effective pro bono program. I am
obligated to educate my clients, the public, and other lawyers
regarding the spirit and letter of this Creed. I will always be conscious
of my duty to the judicial system.
II. LAWYER TO CLIENT. A lawyer owes to a client allegiance,
learning, skill, and industry. A lawyer shall employ all appropriate
means to protect and advance the client’s legitimate rights, claims,
and objectives. A lawyer shall not be deterred by any real or imagined
fear of judicial disfavor or public unpopularity, nor be influenced by
mere self-interest. I will advise my client of the contents of this Creed
when undertaking representation. I will endeavor to achieve my
client’s lawful objectives in legal transactions and in litigation as
quickly and economically as possible. I will be loyal and committed to
my client’s lawful objectives, but I will not permit that loyalty and
commitment to interfere with my duty to provide objective and
independent advice. I will advise my client that civility and courtesy
are expected and are not a sign of weakness. I will advise my client
of proper and expected behavior. I will treat adverse parties and
witnesses with fairness and due consideration. A client has no right
to demand that I abuse anyone or indulge in any offensive conduct. I
will advise my client that we will not pursue conduct which is intended
primarily to harass or drain the financial resources of the opposing
party. I will advise my client that we will not pursue tactics which are
intended primarily for delay. I will advise my client that we will not
pursue any course of action which is without merit. I will advise my
client that I reserve the right to determine whether to grant
accommodations to opposing counsel in all matters that do not
adversely affect my client’s lawful objectives. A client has no right to
instruct me to refuse reasonable requests made by other counsel. I
will advise my client regarding the availability of mediation, arbitration,
and other alternative methods of resolving and settling disputes.
III. LAWYER TO LAWYER. A lawyer owes to opposing counsel, in
the conduct of legal transactions and the pursuit of litigation, courtesy,
candor, cooperation, and scrupulous observance of all agreements
and mutual understandings. Ill feelings between clients shall not
influence a lawyer’s conduct, attitude, or demeanor toward opposing
counsel. A lawyer shall not engage in unprofessional conduct in
retaliation against other unprofessional conduct. I will be courteous,
civil, and prompt in oral and written communications. I will not quarrel
over matters of form or style, but I will concentrate on matters of
substance. I will identify for other counsel or parties all changes I have
made in documents submitted for review. I will attempt to prepare
documents which correctly reflect the agreement of the parties. I will
not include provisions which have not been agreed upon or omit
provisions which are necessary to reflect the agreement of the
parties. I will notify opposing counsel, and, if appropriate, the Court
or other persons, as soon as practicable,
when hearings, depositions, meetings, conferences or closings are
canceled. I will agree to reasonable requests for extensions of time
and for waiver of procedural formalities, provided legitimate
objectives of my client will not be adversely affected. I will not serve
motions or pleadings in any manner that unfairly limits another party’s
opportunity to respond. I will attempt to resolve by agreement my
objections to matters contained in pleadings and discovery requests
and responses. I can disagree without being disagreeable. I
recognize that effective representation does not require antagonistic
or obnoxious behavior. I will neither encourage nor knowingly permit
my client or anyone under my control to do anything which would be
unethical or improper if done by me. I will not, without good cause,
attribute bad motives or unethical conduct to opposing counsel nor
bring the profession into disrepute by unfounded accusations of
impropriety. I will avoid disparaging personal remarks or acrimony
towards opposing counsel, parties and witnesses. I will not be
influenced by any ill feeling between clients. I will abstain from any
allusion to personal peculiarities or idiosyncrasies of opposing
counsel. I will not take advantage, by causing any default or
dismissal to be rendered, when I know the identity of an opposing
counsel, without first inquiring about that counsel’s intention to
proceed. I will promptly submit orders to the Court. I will deliver copies
to opposing counsel before or contemporaneously with submission to
the court. I will promptly approve the form of orders which accurately
reflect the substance of the rulings of the Court. I will not attempt to
gain an unfair advantage by sending the Court or its staff
correspondence or copies of correspondence. I will not arbitrarily
schedule a deposition, Court appearance, or hearing until a good faith
effort has been made to schedule it by agreement. I will readily
stipulate to undisputed facts in order to avoid needless costs or
inconvenience for any party. I will refrain from excessive and abusive
discovery. I will comply with all reasonable discovery requests. I will
not resist discovery requests which are not objectionable. I will not
make objections nor give instructions to a witness for the purpose of
delaying or obstructing the discovery process. I will encourage
witnesses to respond to all deposition questions which are reasonably
understandable. I will neither encourage nor permit my witness to
quibble about words where their meaning is reasonably clear. I will
not seek Court intervention to obtain discovery which is clearly
improper and not discoverable. I will not seek sanctions or
disqualification unless it is necessary for protection of my client’s
lawful objectives or is fully justified by the circumstances.
IV. LAWYER AND JUDGE. Lawyers and judges owe each other
respect, diligence, candor, punctuality, and protection against unjust
and improper criticism and attack. Lawyers and judges are equally
responsible to protect the dignity and independence of the Court and
the profession. I will always recognize that the position of judge is
the symbol of both the judicial system and administration of justice. I
will refrain from conduct that degrades this symbol. I will conduct
myself in court in a professional manner and demonstrate my respect
for the Court and the law. I will treat counsel, opposing parties, the
Court, and members of the Court staff with courtesy and civility. I will
be punctual. I will not engage in any conduct which offends the dignity
and decorum of proceedings. I will not knowingly misrepresent,
mischaracterize, misquote or miscite facts or authorities to gain an
advantage. I will respect the rulings of the Court. I will give the issues
in controversy deliberate, impartial and studied analysis and
consideration. I will be considerate of the time constraints and
pressures imposed upon the Court, Court staff and counsel in efforts
to administer justice and resolve disputes.
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 5 Agenda Date 12/17/2024
Type Report
Department Finance
Title
Monthly Financial Report - November 2024
Explanation
Staff will present the monthly financial report for November.
Attachments
1. November 2024 Monthly Budget vs Actual Presentation
2. November 2024 Monthly Budget vs Actual
Item 5a –Monthly Financial Report
Monthly Financial Report
November 2024
City Council Meeting
December 17, 2024
1
General Fund Performance
2
FY 25 Budget FY 25 YTD % of
Budget FY 24 YTD FY 24 % of
Budget
Revenues $ 29,655,370 $ 761,664 2.6%$ 1,212,220 4.2%
Expenditures 27,858,385 4,506,382 16.2%4,285,628 15.7%
Total $ 1,796,985 $ (3,744,718)$ (3,073,408)
% of year Completed:16.7%
% of Budget Spent:16.2%
Note:. Property taxes are due in January
Property Tax Collections
FY 25 Rate:
•M&O –$0.260172
•I&S –$0.016032
Total Rate –
$0.276204/$100
FY 25 Budget FY 25 YTD % of
Budget FY 24 YTD FY 24 % of
Budget
Current Taxes $ 18,008,973 $ -0.00%$ 620,174 3.64%
3
0.00%0.00%
Cumulative Collections vs. Budget
Collected Remaining
Note:Property taxes are due in January. Collections for FY25 are behind FY24 due to the GCISD Tax rate
election.
Sales Tax: Current Fiscal Year Collections
4
Per GASB rules, December is the first month of FY25 in which collections from sales
taxes are recorded. October and November sales taxes are recorded in the prior fiscal
year since the sales for those receipts occurred two months prior.
Collections
Month Sales Month FY 24 Actual FY 25 Actual Increase/
(Decrease)
%
Change
December October $ 382,458 $ 420,829 $ 38,371 10.03%
Sales Tax: Comparative Collections
5
$250
$300
$350
$400
$450
$500
$550
$600
December January February March April May June July August September October NovemberThousands
FY20 Actual FY 21 Actual FY22 Actual FY23 Actual FY24 Actual FY25 Actual
Sales Tax: Regional Benchmark
6
Net Payment This
Period
Comparable
Payment PY % Change Payment YTD PY Payment YTD % Change2
Colleyville 630,927 573,400 10.03%8,093,358 7,884,487 2.65%
North Richland
Hills 1,720,717 1,541,807 11.60%21,009,205 20,563,021 2.17%
Bedford $ 1,325,110 $ 1,228,558 7.86%$ 16,443,396 $ 15,918,683 3.30%
Grapevine 5,154,006 4,676,723 10.21%63,812,153 59,420,029 7.39%
Keller 1,303,158 1,278,321 1.94%16,633,305 16,416,527 1.32%
Hurst 1,442,439 1,326,787 8.72%18,397,761 18,485,970 -0.48%
Euless 2,282,134 1,771,995 28.79%26,018,384 25,570,896 1.75%
Southlake 3,382,155 3,093,577 9.33%39,776,449 41,988,244 -5.27%
Note: Colleyville Collections above include both City General Fund and CEDC collections
Utilities Fund Performance
7
FY 25 Budget FY 25 YTD % of Budget FY 24 YTD FY 24 % of
Budget
Revenues $ 24,424,703 $ 4,602,163 18.8%$ 3,909,634 16.2%
Expenditures 23,908,883 2,404,741 10.1%2,044,834 8.5%
Total $ 515,820 $ 2,197,423 $ 1,864,799
% of year Completed:16.7%
% of Budget Spent:10.1%
TRA City
FY 25 Budget FY 25 YTD FY 24 YTD FY 24 % of
Budget
Revenues $ 19,889,768 $ 3,774,673 Revenues $ 4,534,935 $ 827,490
Expenditures 19,889,768 1,687,374 Expenditures 4,019,115 717,367
Total $ -$ 2,087,299 $ 515,820 $ 110,123
Drainage Fund Performance
8
FY 25 Budget FY 25 YTD % of
Budget FY 24 YTD FY 24 % of
Budget
Revenues $ 1,758,000 $ 293,555 16.7%$ 249,157 16.8%
Expenditures 761,805 114,606 15.0%129,873 17.6%
Total $ 996,195 $ 178,949 $ 119,284
% of year Completed:16.7%
% of Budget Spent:15.0%
Hotel Tax (HOT) Fund Performance
9
FY 25 Budget FY 25 YTD % of
Budget FY 24 YTD FY 24 % of
Budget
Revenues $ 230,000 $ -0.0%$ -0.0%
Expenditures 285,827 35,808 12.5%36,458 19.3%
Total $ (55,827)$ (35,808)$ (36,458)
% of year Completed:16.7%
% of Budget Spent:12.5%
Debt Service Fund Performance
10
FY 25 Budget FY 25 YTD % of
Budget FY 24 YTD FY 24 % of
Budget
Revenues $ 1,477,283 $ 226 0.0%$ 23,847 1.9%
Expenditures 1,540,894 168,485 10.9%169,235 13.7%
Total $ (63,611)$ (168,259)$ (145,388)
% of year Completed:16.7%
% of Budget Spent:10.9%
11
Questions & Discussion
colleyvillegovernment Colleyville.com colleyvilletexas
City of Colleyville
Monthly Budget vs Actual Report
November 30, 2024
Actual Variance % of Actual Variance % of % chg
Thru Mth Annual Annual Bdg Thru Mth Annual Annual Act from PY
General Fund
Current Taxes 18,008,973 - 18,008,973 0.0%17,101,438 620,174 16,481,264 3.6%-100.0%
Delinquent 30,000 3,751 26,249 12.5%8,004 2,612 5,391 32.6%43.6%
P&I 60,000 2,173 57,827 3.6%85,287 2,004 83,283 2.4%8.4%
Property Tax Total 18,098,973 5,923 18,093,050 0.0%17,194,728 624,790 16,569,938 3.6%-99.1%
Sales Tax 5,200,000 - 5,200,000 0.0%5,359,899 - 5,359,899 0.0%0.0%
Oncor Electric 910,000 - 910,000 0.0%915,334 - 915,334 0.0%0.0%
Tri-County Electric 185,000 - 185,000 0.0%191,546 - 191,546 0.0%0.0%
Atmos Gas 600,000 - 600,000 0.0%629,385 - 629,385 0.0%0.0%
AT&T 15,000 2,522 12,478 16.8%11,582 2,984 8,598 25.8%-15.5%
Verizon/Others 12,000 2,009 9,991 16.7%9,655 2,771 6,884 28.7%-27.5%
Refuse/Recycling 300,000 15,731 284,269 5.2%305,337 25,787 279,549 8.4%-39.0%
Cable TV 200,000 30,248 169,752 15.1%224,807 59,896 164,912 26.6%-49.5%
Network Nodes 250 - 250 0.0%250 - 250 0.0%0.0%
Franchise Fees 2,222,250 50,510 2,171,740 2.3%2,287,896 91,438 2,196,458 4.0%-44.8%
GF Revenues 29,655,370 761,664 28,893,706 2.6%30,079,559 1,212,220 28,867,339 4.0%-37.2%
GF Expenditures 27,858,385 4,506,382 23,352,003 16.2%26,735,539 4,285,628 22,449,911 16.0%5.2%
Utilities Fund
Water - Base Rate 2,373,871 398,945 1,974,926 16.8%2,202,982 351,845 1,851,138 16.0%13.4%
Sewer - Base Rate 1,722,064 288,917 1,433,148 16.8%1,640,279 273,116 1,367,163 16.7%5.8%
Water - Volumetric Rate 16,027,206 3,070,563 12,956,643 19.2%13,333,796 2,523,477 10,810,320 18.9%21.7%
Sewer - Volumetric Rate 3,862,562 704,110 3,158,453 18.2%3,998,532 607,001 3,391,531 15.2%16.0%
Water & Sewer 23,985,703 4,462,535 19,523,168 18.6%21,175,589 3,755,439 17,420,151 17.7%18.8%
Utilities Revenues 24,424,703 4,602,163 19,822,540 18.8%23,520,725 3,909,634 19,611,092 16.6%17.7%
Utilities Expenditures 23,908,883 2,404,741 21,504,142 10.1%20,953,393 2,044,834 18,908,559 9.8%17.6%
Debt Service Fund
Current Taxes 911,283 - 911,283 0.0%652,497 23,662 628,834 3.6%-100.0%
Delinquent 2,000 143 1,857 7.1%434 105 329 24.1%36.6%
P&I 2,000 83 1,917 4.2%3,332 80 3,252 2.4%4.5%
Property Tax Total 915,283 226 915,057 0.0%656,262 23,847 632,416 3.6%-99.1%
DS Revenues 1,477,283 226 1,477,057 0.0%1,216,262 23,847 1,192,416 2.0%-99.1%
DS Expenditures 1,540,894 168,485 1,372,409 10.9%1,245,535 169,235 1,076,300 13.6%-0.4%
Drainage Fund
Drainage Fee 1,733,000 288,632 1,444,368 16.7%1,445,667 240,755 1,204,913 16.7%19.9%
Drain Revenues 1,758,000 293,555 1,464,445 16.7%1,495,540 249,157 1,246,383 16.7%17.8%
Drain Expenditures 761,805 114,606 647,199 15.0%732,055 129,873 602,182 17.7%-11.8%
Hotel Occupancy Tax (HOT) Fund
HOT Tax 230,000 - 230,000 0.0%219,059 - 219,059 0.0%0.0%
HOT Revenues 230,000 - 230,000 0.0%219,059 - 219,059 0.0%0.0%
HOT Expenditures 285,827 35,808 250,019 12.5%239,527 36,458 203,070 15.2%-1.8%
FY 2025 FY 2024
Note: The financial figures presented are unaudited and subject to change pending final audit adjustments.
Annual
Budget
Annual
Actual
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6a Agenda Date 12/17/2024 Number Ordinance O-24-2305
Type Ordinance
Department Community Development
Title
Consideration of a Special Use Permit to allow for a fence on Lot 1, Block 1, Chelsea
Park Addition, located at 5000 Chelsea Drive, Case ZC24-020
Explanation
Second Reading and Public Hearing
The applicant was not present to answer questions from the City Council, and there
were no speakers during the public hearing. Staff has reached out to the applicant and
asked he be in attendance at the second reading.
First Reading and Public Hearing
Innocent Olengue, the applicant, has submitted a request for a Special Use Permit
(SUP) for a fence on Lot 1, Block 1, Chelsea Park Addition, being approximately 0.54
acres, and zoned R-20 Single Family Residential. The SUP request is to allow for the
replacement of an existing 6-foot wood fence with an 8-foot wood fence along Glade
Road. An SUP is required to allow for a fence to be placed within the required corner
street side yard setback along the property line.
Existing Conditions/Background: The subject property, 5000 Chelsea Drive, resides
at the intersection of Chelsea Drive and Glade Road and has R-20 Single Family
Residential zoning. The property currently has a single family home constructed in
1979.
SUP Request: The applicant is requesting approval of an SUP to allow for a wood fence
8-foot in height to be placed within the street side yard setback along the property line
adjacent to Glade Road.
Ordinance – Section 3.26 Fences, Free Standing Walls, and Screening Materials
Regulations of the Land Development Code establishes the maximum size and location
of fencing to be permitted by staff on a residential lot:
E. Fence and Free-Standing Wall Setback Requirement:
1. Corner Side Yards: Except where allowed elsewhere in this chapter, no fence or
freestanding wall greater than thirty (30) inches in height and greater than
twenty-five (25) percent opaque construction shall extend into the required street
City of Colleyville Page 2
City Council Agenda Briefing 6a
side yard. A fence that is greater than thirty (30) inches in height and no greater
than twenty-five (25) percent opaque construction may extend into the required
street yard and be located not less than ten (10) feet from the side property line.
The regulations of 1.a through 1.d above shall apply.
Special Use Permit Provision: Any request for a building permit for a fence/wall
which does not meet the criteria in this Section shall only be authorized after approval
of a Special Use Permit by the City Council using the procedures contained elsewhere in
this Land Development Code.
Analysis: The applicant is making the request to replace their 6-foot wood fence which
is damaged. The fence being proposed would be an 8-foot tall wood fence, and it would
encroach in the street side yard setback. The fencing would be placed on the property
line along Glade Road to meet up with the front setback line at the location of the
existing fence.
Plat Status: The property is platted as Lot 1, Block 1, Chelsea Park Addition.
DRC Review: The DRC reviewed the request during their October 21, 2024 meeting
and determined the case would be scheduled for the next available Planning and Zoning
Commission meeting.
Drainage: NA
Surrounding Development: The properties to the north and east are zoned R-20
Single Family Residential and improved with single family homes. The properties to the
south and west are zoned R-40 Single Family Residential and improved with single
family homes.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners Associations within 1,000 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as required
by State law and the Land Development Code.
Staff Recommendation: Staff recommends approval of the requested SUP. Although it
does not meet the technical requirements of the Land Development Code, it will
improve the property by replacing a dilapidated fence.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval of the request at their November 12, 2024 meeting
by a vote of 6-0.
Attachments
1. Aerial Map
City of Colleyville Page 3
City Council Agenda Briefing 6a
2. Zoning Map
3. Future Land Use Map
4. Site Plan Exhibit
5. Notification Map
6. Notification Letter
7. Notification List
8. Ordinance O-24-2305
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Subject Property
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.
ZC24-020
5000 Chelsea Dr
Aerial Map
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ROSE STBEHRENS CTCRANBROOK DR WR-20R-40
K
Subject Property
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.
ZC24-020
5000 Chelsea Dr
Zoning Map
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AVONDALE D R
CHELSEA DRCHERRY LN
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AVALON DR
ROSE STBEHRENS CTCRANBROOK DR WK
Residential
Subject Property
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.
ZC24-020
5000 Chelsea Dr
Future Land Use Map
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AVONDALE D R
CHELSEA DRCHERRY LN
MANNING DRBEHRENS RDARTHUR DR
AVALON DR
ROSE STBEHRENS CTCRANBROOK DR WK
Parcels to be notified
Buffer
Subject Property
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.
ZC24-020
5000 Chelsea Dr
Notification Map
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: Tuesday, November 12, 2024 at 7:00 p.m.
City Council Meetings: Tuesday, December 3, 2024 & Tuesday, December 17, 2024 at 7:00 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a Special Use Permit for a fence on Lot 1, Block 1,
Chelsea Park Addition. The request is to allow for the replacement of an
existing 6 foot wood fence with an 8 foot wood fence along the property
line adjacent to Glade Road. The Special Use Permit is required for fences
over 30 inches tall and with over 25% opaque construction placed in the
required street side yard setback.
Zoning Case:ZC24-020
Applicant:Innocent Olengue
Owner: Innocent Olengue
Location:5000 Chelsea Drive
Property Description:Lot 1, Block 1, Chelsea Park Addition
Present Zoning:R-20 Single Family 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
Citizenletters@Colleyville.com
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 817.503.1050.
Please reference the zoning case number when requesting information.
Christopher Pham
Planner
1
Owner_Name Situs_Addr
NGUYEN, HAI 4916 BEHRENS RD
HUBBARD, MATTHEW 4808 BEHRENS CT
REINHARDT LIVING TRUST 4805 BEHRENS CT
DAVID AND KECIA MALDONADO REVOCABLE TRUST 1701 GLADE RD
SAMUEL J MCCOLLOUGH & JOYCE B MCCOLLOUGH REV4912 BEHRENS RD
FORDYCE, MARK 5101 ROSE ST
DUCIC, YADRANKO 1700 GLADE RD
VANKAWALA, RAJENDRA C 4910 BEHRENS CT
WILLIAMS, DARYL 4905 BEHRENS RD
HOOKS, DURAN 5004 CHELSEA DR
WEBSTER & KIM MANGHAM FAMILY TRUST 5008 CHELSEA DR
HARRINGTON, D NEAL 5012 CHELSEA DR
KING, MARY 5016 CHELSEA DR
CASILIO JOELLEN TR 1705 AVALON DR
VOSS BRANDON MATTHEW 1716 ARTHUR DR
ABBOTT, LARRY 1712 ARTHUR DR
GOMEZ, ERIC 1708 ARTHUR DR
PARKER, TIMOTHY 1704 ARTHUR DR
DACY INVESTMENT GROUP LLC 1709 AVALON DR
STOWE, STEPHEN 1713 AVALON DR
MILNER, WALTER J 1705 ARTHUR DR
BROWN, KATHARINE M 1709 ARTHUR DR
HANSON, ANNE F 1713 ARTHUR DR
DICKINSON, SPENCER 1717 ARTHUR DR
CHAPPELL, LARRY W 1716 GLADE RD
DIDIER, RICHARD 1712 GLADE RD
PEAK, CAROLYN J 1708 GLADE RD
STANLEY, REBECCA S 1704 GLADE RD
TANG, YUAN 1717 GLADE RD
BAUM, DANIEL 1604 GLADE RD
BACA, CHAD 5005 ROSE ST
STEWART, LARRY R 5009 ROSE ST
WINTERS, DAN L 5013 ROSE ST
HERRON, DAVID 5105 ROSE ST
TRAVIS, COLIN 1609 CHERRY LN
CRANBROOK HOMEOWNERS ASSOCIATION 1725 GLADE RD
LY, DUY 4900 BEHRENS CT
BANTA, STEVEN M 4904 BEHRENS CT
VOLOSEN, MIRCEA 1721 GLADE RD
CHELSEA PARK ADDITION COURTESY NOTICE
CRANBROOK ESTATES COURTESY NOTICE
GRAPEVINE COLLEYVILLE ISD STATE REQUIRED
OLENGUE, INNOCENT 5000 CHELSEA DR
Notify_List.xlsx - Copy
ORDINANCE O-24-2305
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 0.54 ACRES, BEING LOT 1, BLOCK 1, CHELSEA PARK
ADDITION BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR
A FENCE TO EXTEND INTO THE STREET SIDE YARD SETBACK AND BE
LOCATED ALONG THE PROPERTY LINE; 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 Special
Use Permit to allow for a fence to extend into the street side
yard setback and be located on the property line, Case No.
ZC24-020; 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 the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a Special Use Permit to allow for a fence on 0.54
acres, being Lot 1, Block 1, of the Chelsea Park Addition,
located at 5000 Chelsea Drive, as depicted on the attached as
Exhibit “A”.
Ordinance O-24-2305
Page 2 of 3
Sec. 2. 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. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The Special Use Permit shall allow an 8-foot wood fence to
extend into the street side yard setback and be placed on
the property line.
b. It shall be generally consistent with the site plan and as
depicted on the attached Exhibit “B”.
c. All requirements of the Land Development Code shall be
met, except where amended herein.
Sec. 4. 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. 5. 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. 6. 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. 7. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
Ordinance O-24-2305
Page 3 of 3
The first reading and public hearing being conducted on the 3rd day of
December 2024.
The second reading and public hearing being conducted on the 17th day of
December 2024.
APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 17TH DAY OF
DECEMBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 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
MLPUDR CC2
Exhibit “B” – Site Plan
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6b Agenda Date 12/17/2024 Number Ordinance O-24-2306
Type Ordinance
Department Community Development
Title
Consideration of changing the zoning from AG Agricultural to CC-1 Village Retail on Lot
2, Block 1, First Baptist Church Addition, located at 1007 Church Street, Case ZC24-021
Explanation
Second Hearing and Public Hearing
The City Council did not have any questions regarding this item, and there were no
speakers during the public hearing.
First Reading and Public Hearing
Zach Towery, the applicant, has submitted a request for a rezoning from AG Agricultural
to CC-1 Village Retail on Lot 2, Block 1, First Baptist Church Addition, being
approximately 2.77 acres, and zoned AG Agricultural. The purpose of the rezoning is to
allow for the future platting and expansion of Crosscreek Church’s campus with a new
office and storage building.
Existing Conditions/Background: The subject property, 1007 Church Street, is
zoned AG Agricultural. It is located to the southwest of the intersection of Church Street
and Colleyville Boulevard. The property is currently improved with an office building,
two accessory buildings, and parking for the church campus. The existing buildings will
be removed for future improvements.
Proposed Zoning Change: The request is to rezone from the AG Agricultural district to
the CC-1 Village Retail district. The request is to unify the zoning of the entire
Crosscreek Church campus to the CC-1 Village Retail district and allow for the
development of new buildings in the future.
Analysis: Per the proposed, this project is requesting to rezone the property to allow
for a new storage and office building in the future. The property does not currently
comply with AG zoning district standards. The property will comply with CC-1 Village
Retail, as well as match the zoning of the entire of the church campus once rezoned.
Plat Status: The subject property is platted as Lot 2, Block 1, First Baptist Church
Addition.
DRC Review: The DRC reviewed the request during their October 21, 2024 meeting
City of Colleyville Page 2
City Council Agenda Briefing 6b
and determined the case would be scheduled for the next available Planning and Zoning
Commission meeting.
Drainage: NA
Surrounding Development: The properties to the south and east are zoned CC-1
Village Retail and are improved with the Crosscreek Church campus, the Baylor Scott &
White Emergency Hospital, and a commercial medical office building. The property to
the north is zoned AG Agricultural and improved with the Colleyville Church of Christ.
The properties to the west are zoned AG Agricultural and CC-1 Village Retail and are
improved with a single family home.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies
the subject property as part of the Colleyville Boulevard Corridor. The proposed request
complies with the future land use designation.
Tree Preservation: The development must comply with Chapter 5 (Urban Forestry) 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 within 1000 feet of the subject property regarding this
request. Grapevine-Colleyville ISD, where the subject property is located, was notified
per State law. Notice was published in the Fort Worth Star-Telegram as required by
State law and the Land Development Code.
Staff Recommendation: Staff recommends approval of this request.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval of the request at their November 12, 2024 meeting
by a vote of 6-0.
Attachments
1. Aerial Map
2. Zoning Map
3. Future Land Use Map
4. Site Plan Exhibit
5. Topographic Exhibit
6. Site Area Map Exhibit
7. Notification Map
8. Notification Letter
City of Colleyville Page 3
City Council Agenda Briefing 6b
9. Notification List
10. Ordinance O-24-2306
HIDDENOAKSDRCOLLEYVILLE BLVDCHURCHST
PROFESSIONALCT
HALL JOHNSON RD
PLEASANT RUN RDRIVERWALKDRBENT TREE CTTHOMAS ST
REGINA CT
CENTRAL DR
HIDDEN OAKS CT
K
Subject Property
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.
ZC24-021
1007 Church St
Aerial Map
HIDDENOAKSDRCOLLEYVILLE BLVDCOLLEYVILLE BLVDCHURCHST
PROFESSIONALCT
HALLJOHNSON RD
PLEASANT RUN RDRIVERWALKDRBENT TREE CTTHOMAS ST
REGINA CT
CENTRAL DR
HIDDEN OAKS CT
R-20
CN
AG
CC-1
CC-1
CPO
R-10
R-10
CC-1
CC-1
PUD-C
PUD-C
AG
CN CC-1
PUD-R
CN
PUD-C
CC-2
RE
PUD-C
AG
R-30
PUD-C
K
Subject Property
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.
ZC24-021
1007 Church St
Zoning Map
HIDDENOAKSDRCOLLEYVILLE BLVDCHURCHST
PROFESSIONALCT
HALL JOHNSON RD
PLEASANT RUN RDRIVERWALKDRBENT TREE CTTHOMAS ST
REGINA CT
CENTRAL DR
HIDDEN OAKS CT
K
Residential
Institutional
Colleyville Blvd Corridor
Subject Property
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.
ZC24-021
1007 Church St
Future Land Use Map
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LP
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LP FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFI
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FIRELANE
FIRELANE
FIRELANE
TRACT 2
HTA-COLLEYVILLE HOSPITAL LLC
INSTRUMENT NO. D217119767
O.P.R.T.C.T.
LOT 2, BLOCK 1
FIRST BAPTIST CHURCH OF
COLLEYVILLE ADDITION
INSTRUMENT NO. D214100097
O.P.R.T.C.T.
TRACT 1
HTA-COLLEYVILLE HOSPITAL LLC
INSTRUMENT NO. D217119767
O.P.R.T.C.T.
LOT 1R-1, BLOCK 1
FIRST BAPTIST CHURCH OF
COLLEYVILLE ADDITION
INSTRUMENT NO. D214100097
O.P.R.T.C.T.
CHURCH ST
EX. PLAYGROUND
EX. SIDEWALK
REMOVE EX. SHED
PROP. STORAGE BUILDING
9,730 SF
EX. STRUCTURE
EX. STRUCTURE
5.0'
50.0'
152.0'
40.0'
EX. FENCE
EX. STRUCTURE
PROP. BAY DOOR
20.0'
10.0'
V1.0
FILENAME: C3.0 SITE PLAN_CCC24001.dwgPLOTTED BY: Dalton BlackFULL PATH: K:\Jobs\CCC24001_CrossCreekChurch\Drawings\03 - ProductionK:\Jobs\CCC24001_CrossCreekChurch\Drawings\03 - Production\C3.0 SITE PLAN_CCC24001PLOTTED DATE: 4/8/2024SITE BENCHMARK
BM NO. 1 THE BENCHMARK IS A MAG NAIL WITH A WASTER
STAMPED "JPH BENCHMARK" SET IN A CONCRETE
CURB ON A PARKING LOT, BEING LOCATED
APPROXIMATELY 1035' SOUTHWESTERLY FROM THE
CENTERLINE INTERSECTION OF CHURCH ST. & SH 26
ELEVATION = 610.85' (NAD '88)
5405 PLEASANT RUN RD.
COLLEYVILLE, TX
817-281-4158
SHEET:REV:DATE:DESCRIPTION:CROSS CREEK CHURCHLOTS 1-2, BLOCK 1CITY OF COLLEYVILLETARRANT COUNTY, TEXASKIRKMAN ENGINEERING, LLC
5200 STATE HIGHWAY 121
COLLEYVILLE, TX 76034
TEXAS FIRM NO. 15874
JOB NUMBER:
ISSUE DATE:
KE PROJECT NUMBER
DATE
E N G I N E E R I N G
P R E L I M I N A R Y
F O R R E V I E W O N L Y
T H E S E D O C U M E N T S A R E F O R
D E S I G N R E V I E W O N L Y A N D N O T
I N T E N D E D F O R T H E P U R P O S E S O F
C O N S T R U C T I O N , B I D D I N G O R
P E R M I T . T H E Y WE R E P R E P A R E D B Y ,
O R U N D E R T H E S U P E R V I S I O N O F :
P.E.# 91865
SHEA O. KIRKMAN
DATE: April 8, 2024
STORAGE
CONCEPT
PLAN
GRAPHIC SCALE
FEET04020
SCALE: 1" = 20'
Know what's below.
before you dig.Call
R
LEGEND
EXISTING FIRE LANE STRIPING
PARKING COUNT
PROPERTY BOUNDARY
FIRELANE
10
AREA APPEARS TO HAVE CHANGED
SINCE THE TIME OF THE JPH SURVEY.
DATA WITHIN WAS OUTSIDE SCOPE
OF WORK AND HAS NOT BEEN
VERIFIED BY BCS
GASGASGASOU
OU
OU
OU OUOUOU
OU
OU
OU OUOUOUOUOUOU
OU
OU
OU
OU
GASGASSSSSSSSSWWWWWWWWWWWWW W W W W
SSUGEUGESSSS S S S S S S S S S S S S
S
S
S
SS
SSSSSSSSSSSSSSSSSSSSS
SSSSSAPPROXIMATE LIMITS OF
TOPOGRAPHIC DATA BY
JPH LAND SURVEYING
NO NEW SURVEY DATA
COLLECTED HERE
TOPOGRAPHIC SURVEY
CROSS CREEK CHURCH - COLLEYVILLE TX
CITY OF COLLEYVILLE
TARRANT COUNTY, TEXAS
PROPERTY DESCRIPTION
BOUNDARY SURVEY/VERIFICATION WAS SPECIFICALLY EXCLUDED BY CLIENT.
TITLE COMMITMENT NOTES
This survey was prepared without the benefit of a commitment for title insurance. Therefore, easements,
agreements, or other documents, either recorded, or unrecorded may exist that affect the subject property that are
not shown on this survey.
TOPOGRAPHIC SURVEY WARNING/DISCLAIMER
Client has specifically directed surveyor to limit survey to specific area(s) of the site, and attempt to "stitch" this data
together with survey data from a previous surveyor. Client has been advised of the limitations of this methodology,
and the risk of discrepancies. Surveyor makes no representation that the data contained in the previous survey is
correct or complete, and any data shown within this area is subject to change. At the limits of this area, the best
effort to "stitch" this data together was made, as requested, but there may exist differences and/or discrepancies,
specifically in these areas. Client is responsible for field verifying all of these areas prior to beginning construction or
design.
VICINITY MAP - NOT TO SCALE
SITE
shrub/decorative tree
gas valve
bollard
grate inlet
gas meter
sign
sanitary sewer manhole
storm water manhole
telephone manhole
tank fill lid
telephone pedestal
traffic signal pole
utility clean out
electric utility cabinet
elect. utility vault
utility markings
utility/service pole
utility sign
water shutoff
water valve
well
water meter
tree
cable tv
electric meter
fence or guardrail
fire dept. connection
fire hydrant
or tree with diameter < 4 in.
contour lines
irrigation control valve
air conditioning unit
comm. utility cabinet
comm. utility vault
gas well
area drain
cable tv riser
air release valve
water utility vault
LEGEND OF SYMBOLS
LEGEND OF ABBREVIATIONS
·D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TEXAS
·P.R.T.C.T.PLAT RECORDS, TARRANT COUNTY, TEXAS
·O.P.R.T.C.T.OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS
·DOC.#DOCUMENT NUMBER
·C.M.CONTROLLING MONUMENT
·SQ. FT.SQUARE FEET
·ROW RIGHT OF WAY
·CRS CAPPED REBAR SET
SHEET:
P:\Survey\001 - Kirkman Engineering\2024\352 - Cross Creek Church Colleyville\Drawings
SURVEYOR'S NOTES:
1.Bearings are based on the State Plane Coordinate System, Texas North
Central Zone (4202) North American Datum of 1983 (NAD '83), distances are
surface with a combined scale factor of 1.00012.
2.This property lies within Zone "X" of the Flood Insurance Rate Map for
Tarrant County, Texas and Incorporated Areas, map no. 48439C0095K, with
an effective date of September 25, 2009, via scaled map location and graphic
plotting.
3.Monuments are found unless specifically designated as set.
4.Elevations (if shown) are North American Vertical Datum of 1988 (NAVD '88).
NOTE REGARDING UTILITIES
Lacking excavation, the exact location of underground features cannot be
accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811
or other similar utility locate requests from surveyors may be ignored or result in an
incomplete response. Where additional or more detailed information is required,
the client is advised that excavation and/or a private utility locate request may be
necessary.
Utility locations are per observed evidence and the below sources ONLY. There may
exist additional or different underground utilities than are shown hereon, and
surveyor did not perform a full SUE investigation.
DigTess - Ticket #2461350650
Maps/Plans: Maps and plans provided by the City of Colleyville through Public
Open Records Request
5200 State Highway 121
Colleyville, TX 76034
Phone: 817-488-4960
DRAWN:SMW
CHECKED:JHB
TABLE OF REVISIONS
09/21/2024 ADDITIONAL TOPO
COLLEYVILLE,
TEXAS
TOPOGRAPHIC
SURVEY
VO1
CROSS CREEK
CHURCH
JOB NO.2024.001.352
LEGEND OF LINETYPES
·SUBJECT TRACT BOUNDARY
·ADJOINING TRACT BOUNDARY
·CENTER LINE
·EASEMENT
·FENCE (WIRE/WOOD/METAL/CHAIN-LINK)
·SANITARY SEWER LINE
·STORM SEWER LINE
·WATER LINE
·GAS LINE
·UNDERGROUND FIBER OPTIC LINE
·UNDERGROUND CABLE LINE
·UNDERGROUND ELECTRIC LINE
·OVERHEAD UTILITY LINE
S
W
GAS
UGE
UGC
UGFO
SCALE: 1" = 60'
60'0 30'60'120'
2CrossCreekPLANNING STUDIES | 08 .21 . 2024
CROSS CREEK CHURCH
CROSSCREEK CHURCHCAMPUS MAP
C
A
B
D
E
F
SITE AREA
NOT TO SCALE
CAMPUS BOUNDARY
STORAGE (FUTURE)COLLEYVILLE BLVDCHURCH ST
PLEASANT RUN RDOFFICE (FUTURE)
C STUDENTS
A WORSHIP CENTER
B KIDS
OFFICESD
ADULTSE
ADULTS / CHAPELF
5232
5300
1007
1000
5405
5505
5300
5401
803 805
5405
1003 1005 1007 1009
10081006100410021000
908
909 1001 1003 1005 1007 5606
5604
908
909 1001
5709
5707
5705
5703
5701
5609
5605
5603
5601
5709
5707
5705
5703 5701
5611
5609
5607
5500
811
5705
809
5703
5701
1109
5520
5309
5301
1105
11045303
5712
5310817
5320820
5307
5508
5504
806
5412
5510
5301
5309
5615
5605
5501
5601
5609
5505
5509
5695
1205
1221
1201
5199
5600
5700
57081213
1215
12071209
1211
5311
3848
5217
5201
1009
5201
808 812
813
809
805
809
805
804
808
5413
5226
5312
5313
1008
HIDDENOAKSDRCOLLEYVILLE BLVDCHURCHST
PROFESSIONALCT
HALL JOHNSON RD
PLEASANT RUN RDRIVERWALKDRBENT TREE CTTHOMAS ST
REGINA CT
CENTRAL DR
HIDDEN OAKS CT
K
Parcels to be notified
Buffer
Subject Property
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.
ZC24-021
1007 Church St
Notification Map
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: Tuesday, November 12, 2024 at 7:00 p.m.
City Council Meetings: Tuesday, December 3, 2024 & Tuesday, December 17, 2024 at 7:00 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a Rezoning from AG Agricultural to CC-1 Village Retail
on Lot 2, Block 1, First Baptist Church-Colleyville Addition. The rezoning
request is to allow for a new office and storage building to be built for the
Crosscreek Church campus.
Zoning Case:ZC24-021
Applicant:Zach Towery
Owner: First Baptist Church Colleyville
Location:1007 Church Street
Property Description:Lot 2, Block 1, First Baptist Church Addition
Present Zoning:AG Agricultural
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
Citizenletters@Colleyville.com
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 817.503.1050.
Please reference the zoning case number when requesting information.
Christopher Pham
Planner
1
Notify_List.xlsx - Copy
Owner_Name Situs_Addr
FIRST UNITED METH COLLEYVILLE 1000 CHURCH ST
BRADY, BLAKE 5401 COLLEYVILLE BLVD
FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD
CORE-FULMER, SARAH ELIZABETH 5604 HIDDEN OAKS DR
LEACH, TERRY 5605 HIDDEN OAKS DR
CORGAN, KYLE D 5603 HIDDEN OAKS DR
CHIVAKULA, LAKSHMI 5601 HIDDEN OAKS DR
GII SHP EBSW DFW LLC 5500 COLLEYVILLE BLVD
JD JUDD REALTY HOLDINGS LLC 1109 CHURCH ST
2727 PN SPE LLC 5520 COLLEYVILLE BLVD
DEDIEGO FAMILY TRUST 5510 COLLEYVILLE BLVD
BRANCH BANKING & TRUST CO 1201 CHURCH ST
EAGLE-COLLEYVILLE TOWNE SQUARE 5600 COLLEYVILLE BLVD
BAJRAM & RUZDI INVESTMENTS LLC 5311 COLLEYVILLE BLVD
LAHODA, BARTON G 1009 CHURCH ST
R P GANTOS VENTURES LLC 5413 COLLEYVILLE BLVD
DIOCESE OF NEWTON FOR THE MELKITES IN THE UNITE 1008 CHURCH ST
COLLEYVILLE CHURCH OF CHRIST 1008 CHURCH ST
LAUREL OAKS ESTATES COURTESY NOTICE
COLLEYVILLE HEIGHTS COURTESY NOTICE
GRAPEVINE COLLEYVILLE ISD STATE REQUIRED
Towery, Zach 5405 PLEASANT RUN RD
ORDINANCE O-24-2306
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 2.77 ACRES, BEING LOT 2, BLOCK 1, FIRST BAPTIST
CHURCH ADDITION FROM AG AGRICULTURAL TO CC-1 VILLAGE
RETAIL; 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
from AG Agricultural to CC-1 Village Retail under Case No.
ZC24-021; 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 the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning from AG Agricultural to CC-1 Village Retail
on 2.77 acres, being Lot 2, Block 1, of the First Baptist Church
Addition, located at 1007 Church Street, as depicted on the
attached as Exhibit “A”.
Ordinance O-24-2306
Page 2 of 3
Sec. 2. 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. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. As depicted in the attached Exhibit “A” and Exhibit “B”
Sec. 4. 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. 5. 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. 6. 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. 7. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 3rd day of
December 2024.
The second reading and public hearing being conducted on the 17th day of
December 2024.
Ordinance O-24-2306
Page 3 of 3
APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 17TH DAY OF
DECEMBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 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
MLPUDR CC2
Exhibit “B” – Site Plan
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6c Agenda Date 12/17/2024 Number Ordinance O-24-2307
Type Public Hearing Agenda Items
Department Community Development
Title
Consideration of a Special Use Permit to allow for a fence on Lot 16, Block 8, Oak Crest
Hills Addition, located at 405 Oak Valley Drive, Case ZC24-022
Explanation
Second Reading and Public Hearing
The applicant was present and answered questions from the City Council. The discussion
included the possibility of additional temporary screening attached to the fence for up to
12 months. The applicant indicated that 37 shrubs have been planted but are currently
small and do not provide adequate screening.
First Reading and Public Hearing
MA & S Construction, the applicant, has submitted a request for a Special Use Permit for
a fence on Lot 16, Block 8, Oak Crest Hills Addition, being approximately 0.54 acres,
and zoned R-20 Single Family Residential. The SUP request is to allow a wrought iron
fence and a portion of a wood fence that was built within the required street side yard
setback approximately along the property line to remain.
Existing Conditions/Background: The subject property, 405 Oak Valley Drive,
resides at the intersection of Oak Valley Drive and Bransford Road and has R-20 Single
Family Residential zoning. The property currently has a new single family home that is
under construction.
SUP Request: The applicant is requesting approval of an SUP to allow for a wrought
iron fence 6-foot in height and a portion of a wood fence to encroach into the required
street side yard setback and to be placed along the property line.
Ordinance – Section 3.26 Fences, Free Standing Walls, and Screening Materials
Regulations of the Land Development Code establishes the maximum size and location
of fencing to be permitted by staff on a residential lot:
E. Fence and Free-Standing Wall Setback Requirement:
1. Corner Side Yards: Except where allowed elsewhere in this chapter, no fence or
freestanding wall greater than thirty (30) inches in height and greater than
twenty-five (25) percent opaque construction shall extend into the required street
City of Colleyville Page 2
City Council Agenda Briefing 6c
side yard. A fence that is greater than thirty (30) inches in height and no greater
than twenty-five (25) percent opaque construction may extend into the required
street yard and be located not less than ten (10) feet from the side property line.
The regulations of 1.a through 1.d above shall apply.
Special Use Permit Provision: Any request for a building permit for a fence/wall
which does not meet the criteria in this Section shall only be authorized after approval
of a Special Use Permit by the City Council using the procedures contained elsewhere in
this Land Development Code.
Analysis: The applicant is making the request to keep a fence that encroaches into the
required street side yard setback after a fence permit was issued in error. The fence is
composed of wrought iron along Bransford Road and wood along the rear. The wrought
iron portion of the fence complies with the 25% opaque construction requirement. The
alignment of the fence is consistent with other fences and buildings along the west side
of Bransford Road. Additionally, the wood fence provides screening from the adjacent
commercial property to the south.
Plat Status: The property is platted as Lot 16, Block 8, Oak Crest Hills Addition.
DRC Review: The DRC reviewed the request during their October 21, 2024 and
determined the case would be scheduled for the next available Planning and Zoning
Commission meeting.
Drainage: NA
Surrounding Development: The properties to the north and west are zoned R-20
Single Family Residential and improved with single family homes. The properties to the
east are zoned R-10 Single Family Residential and improved with single family homes.
The property to the south is zoned CN Neighborhood Commercial and improved with an
office building.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners Associations within 1,000 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as required
by State law and the Land Development Code.
Staff Recommendation: Staff recommends approval of the requested SUP. The fence
location is consistent with other fences along Bransford Road and provides screening to
the adjacent commercial property to the south.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval with the condition that the additional screening
material attached to the fence be removed at their November 12, 2024 meeting by
a vote of 6-0.
City of Colleyville Page 3
City Council Agenda Briefing 6c
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Fence Site Plan
5.Photos of Fence
6.Additional Photos of Fence 12.03.2024
7.Notification Map
8.Notification Letter
9.Notification List
10.Ordinance O-24-2307
408404400312 412
5316
5318
407
408
405
404
401
400
313
312
5314
409405401309 413 417
308304212
303 305 309 313 401 405
404400316308304300216
217
301 305 309 313 317 401 405217
404400316312
713
711
712
90
92
949698
102
100
5201
5201
501 605 609 613 701
704700612608604600516512508
505
504500
509 601
605 609501 613 701 705
704616612608604
505
600516512508504500
509 515 517 601
605 609501 613 701 705
704700
505
612608604600516512508504500
509 513 517 601
501 605 607 611 613 701503505509511513515601603
5109
5226BRANSFORD RDTIMBERLINE DR S
TIMBERLINE DR N
OPALE
T
H
R
I
D
G
EPKWY
FIELD ST
EUDALY DR
OAK CREST HILL DR
OAK VALLEY DR
HILLSIDE RD
COLLEYVILLE TERR
K
Subject Property
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.
ZC24-022
405 Oak Valley Dr
Aerial Map
408404400312 412
5316
5318
407
408
405
404
401
400
313
312
5314
409405401309 413 417
308304212
303 305 309 313 401 405
404400316308304300216
217
301 305 309 313 317 401 405217
404400316312
713
711
712
90
92
949698
102
100
5201
5201
501 605 609 613 701
704700612608604600516512508
505
504500
509 601
605 609501 613 701 705
704616612608604
505
600516512508504500
509 515 517 601
605 609501 613 701 705
704700
505
612608604600516512508504500
509 513 517 601
501 605 607 611 613 701503505509511513515601603
5109
5226BRANSFORD RDTIMBERLINE DR S
TIMBERLINE DR N
OPALE
T
H
R
I
D
G
EPKWY
FIELD ST
EUDALY DR
OAK CREST HILL DR
OAK VALLEY DR
HILLSIDE RD
COLLEYVILLE TERR
R-10
AG
R-20
CN
K
Subject Property
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.
ZC24-022
405 Oak Valley Dr
Zoning Map
408404400312 412
5316
5318
407
408
405
404
401
400
313
312
5314
409405401309 413 417
308304212
303 305 309 313 401 405
404400316308304300216
217
301 305 309 313 317 401 405217
404400316312
713
711
712
90
92
949698
102
100
5201
5201
501 605 609 613 701
704700612608604600516512508
505
504500
509 601
605 609501 613 701 705
704616612608604
505
600516512508504500
509 515 517 601
605 609501 613 701 705
704700
505
612608604600516512508504500
509 513 517 601
501 605 607 611 613 701503505509511513515601603
5109
5226BRANSFORD RDTIMBERLINE DR S
TIMBERLINE DR N
OPALE
T
H
R
I
D
G
EPKWY
FIELD ST
EUDALY DR
OAK CREST HILL DR
OAK VALLEY DR
HILLSIDE RD
COLLEYVILLE TERR
K
Residential
Commercial
Institutional
Colleyville Blvd Corridor
Open Space; Parks
Subject Property
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.
ZC24-022
405 Oak Valley Dr
Future Land Use Map
408404400312 412
5316
5318
407
408
405
404
401
400
313
312
5314
409405401309 413 417
308304212
303 305 309 313 401 405
404400316308304300216
217
301 305 309 313 317 401 405217
404400316312
713
711
712
90
92
949698
102
100
5201
5201
501 605 609 613 701
704700612608604600516512508
505
504500
509 601
605 609501 613 701 705
704616612608604
505
600516512508504500
509 515 517 601
605 609501 613 701 705
704700
505
612608604600516512508504500
509 513 517 601
501 605 607 611 613 701503505509511513515601603
5109
5226BRANSFORD RDTIMBERLINE DR S
TIMBERLINE DR N
OPALE
T
H
R
I
D
G
EPKWY
FIELD ST
EUDALY DR
OAK CREST HILL DR
OAK VALLEY DR
HILLSIDE RD
COLLEYVILLE TERR
K
Parcels to be notified
Buffer
Subject Property
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.
ZC24-022
405 Oak Valley Dr
Notification Map
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: Tuesday, November 12, 2024 at 7:00 p.m.
City Council Meetings: Tuesday, December 3, 2024 & Tuesday, December 17, 2024 at 7:00 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a Special Use Permit for a fence on Lot 16, Block 8, Oak
Crest Hills Addition. The request is to allow for a 6-foot wrought iron
fence and a portion of a 6-foot wood fence that was built within the
required street side yard setback approximately along the property line to
remain.
Zoning Case:ZC24-022
Applicant:MA & S Construction
Owner: MA & S Construction
Location:405 Oak Valley Drive
Property Description:Lot 16, Block 8, Oak Crest Hills Addition
Present Zoning:R-20 Single Family 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
Citizenletters@Colleyville.com
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 817.503.1050.
Please reference the zoning case number when requesting information.
Christopher Pham
Planner
1
Notify_List.xlsx - Copy
Owner_Name Situs_Addr
ELLENWOOD, ERIC 408 TIMBERLINE DR N
WILLIAMS, ERIC 404 TIMBERLINE DR N
HORST, EVERETT J 400 TIMBERLINE DR N
SOUTHLAKE ASSISTED LIVING LP 412 TIMBERLINE DR N
KIESLING, ROBERT 5316 BRANSFORD RD
RANDY IS DANDY LLC 5318 BRANSFORD RD
VELAZQUEZ, CELIA 407 TIMBERLINE DR N
CHURCH OF JESUS CHRIST OF LDS 408 TIMBERLINE DR S
TORREZ, ROBERT 405 TIMBERLINE DR N
SOUTHLAKE ASSISTED LIVING LP 5314 BRANSFORD RD
FNF PROPERTIES LLC 303 OAK CREST HILL DR
BIRDWELL, JEFF 305 OAK CREST HILL DR
GAUER, FRANCES 309 OAK CREST HILL DR
NORMAN, LESLIE 313 OAK CREST HILL DR
THOMPSON, DONNA V 401 OAK CREST HILL DR
PRESNALL, ROGER 405 OAK CREST HILL DR
AGAPE HOLDINGS LLC 404 OAK VALLEY DR
GAMBILL, MEREDITH 400 OAK VALLEY DR
MARTIN, JERRY WAYNE 316 OAK VALLEY DR
WESTERMAN, THOMAS F 308 OAK VALLEY DR
SIMPSON, VANESSA 304 OAK VALLEY DR
STANKIEWICZ, ANDREW 300 OAK VALLEY DR
SILVEY, ASHLEY 301 OAK VALLEY DR
OAK VALLEY PROPERTY LLC 305 OAK VALLEY DR
WINN, DILLARD R 309 OAK VALLEY DR
MACKEY, SHAWN T 313 OAK VALLEY DR
TAKACS, GERGELY 317 OAK VALLEY DR
SMARTRUST 401 OAK VALLEY DR
MA & S CONSTRUCTION 405 OAK VALLEY DR
BINION, MICHAEL 501 HILLSIDE RD
HERRERA, SARAH 505 HILLSIDE RD
DALTON, JOEL W 512 EUDALY DR
HORAK, JO LANELLE 508 EUDALY DR
QUALLS, JERRY L 504 EUDALY DR
MCINTOSH, DEWITT 500 EUDALY DR
HILLSIDE BLUES LTD 509 HILLSIDE RD
BURY, PAUL M 501 EUDALY DR
HARROD, LARRY D 505 EUDALY DR
ROSE, ANGELA KAREN 512 FIELD ST
HURTADO, ROBERTO 508 FIELD ST
GAYLE, CRYSTAL 504 FIELD ST
SOWELL, JANA M ETAL 500 FIELD ST
FERNANDEZ, CHARLES 509 EUDALY DR
QUEST IRA INC 513 EUDALY DR
BOSHRA, MORKOS 501 FIELD ST
PRESLEY, CHARLES F.503 FIELD ST
KEEFE, CATHERINE 505 FIELD ST
ABBOTT, MARYANN 509 FIELD ST
SALMERON, ERIC 511 FIELD ST
GRAPEVINE COLLEYVILLE ISD STATE REQUIRED
ORDINANCE O-24-2307
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A
SPECIAL USE PERMIT TO ALLOW FOR A FENCE ON 0.54 ACRES,
BEING LOT 16, BLOCK 8, OAK CREST HILLS ADDITION, 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 Special
Use Permit to allow for a fence to extend into the street side
yard setback, Case No. ZC24-022; 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 the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a Special Use Permit to allow for a fence on 0.54
acres, being Lot 16, Block 8, of the Oak Crest Hills Addition,
located at 405 Oak Valley Drive, as depicted on the attached
as Exhibit “A”.
Ordinance O-24-2307
Page 2 of 3
Sec. 2. 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. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The Special Use Permit shall allow a fence to extend into
the street side yard setback and be placed on the property
line.
b. It shall be generally consistent with the site plan and as
depicted on the attached Exhibit “B”.
c. All requirements of the Land Development Code shall be
met, except where amended herein.
Sec. 4. 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. 5. 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. 6. 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. 7. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
Ordinance O-24-2307
Page 3 of 3
The first reading and public hearing being conducted on the 3rd day of
December 2024.
The second reading and public hearing being conducted on the 17th day of
December 2024.
APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 17TH DAY OF
DECEMBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 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
MLPUDR CC2
Exhibit “B” – Site Plan
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6d Agenda Date 12/17/2024 Number Ordinance O-24-2308
Type Ordinance
Department Community Development
Title
Appeal of decision of denial by the Planning and Zoning Commission for consideration of
a Special Use Permit to allow for a residential carport on Lot 8, Block 1, Arbor Estates
Addition, located at 2401 Spruce Court, Case ZC24-023
Explanation
Second Reading and Public Hearing
The homeowner was present and answered questions from the City Council. A total of
six speakers spoke in favor of the carport. The City Council discussed the differences
between carports and garages. Staff reviewed the structure as a garage and identified
that a Special Use Permit is still required to address the street side yard setback and
size (greater than 4% of the lot area). All other size and material elements would no
longer apply.
First Reading and Public Hearing
The Planning and Zoning Commission recommended denial at their November 12, 2024
meeting by a vote of 6-0. The applicant has appealed the case to the City Council for
review. 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.
Joe Chiles, the applicant, has submitted a request for a Special Use Permit to allow for a
residential carport on Lot 8, Block 1, of the Arbor Estates Addition, being approximately
0.44 acres, and zoned R-20 Single Family Residential.
Existing Conditions/Background: The subject property, 2401 Spruce Court, is zoned
R-20 Single Family Residential. It is located on the south side of the intersection of
Spruce Court and Amador Trail. The property is a platted lot and is developed with a
single family home. A detached carport was recently built over a section of the home’s
backyard.
SUP Request: The applicant is requesting approval of an SUP to allow for a carport.
C. Residential Carport Regulations – Carports located in zoning districts, which permit
single-family residential dwellings, shall comply with the regulations contained in this
section.
City of Colleyville Page 2
City Council Agenda Briefing 6d
1. Approval by Special Use Permit Only: In accordance with the Special Use Permit
procedures contained in this Chapter of these zoning regulations, no carport shall be
built in the City of Colleyville without approval by the City Council for a Special Use
Permit to construct a carport in a zoning district that permits single family residential
dwellings.
2. Carport Standards: A carport shall comply with the following regulations, unless the
City Council in approving a Special Use Permit for a carport has imposed other
requirements necessary in the particular case to protect the public interests.
a. Size: A carport shall not exceed 480 square feet in area. The longest dimension
on a carport shall not exceed 24 feet.
b. Height: A carport shall not exceed a maximum height of 15 feet. The height shall
be measured from the finished grade to the highest point of the roof.
c. Setbacks:
i. A carport located within ten (10) feet of the principal building shall comply with
the front, side and rear yard setbacks of the zoning district. The distance shall be
measured between the two closest points of the carport and principal building.
ii. A carport located 10 feet or more from a principal building may extend into a
required side yard, provided all of the following conditions are satisfied:
(1) Every part of such carport is unenclosed except for necessary structural
supports;
(2) No part of the carport is less than five (5) feet from a side or rear lot line, and
(3) The carport is located completely within the rear yard area as defined in these
zoning regulations
d. Design Criteria:
i. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be
prohibited.
ii. Posts - Posts shall be clad or finished of brick, stone, cedar or decorative metal,
such as metal lattice. For purpose of this requirement, decorative metal shall
consist of twenty-five (25) percent opaque surfaces. The dimension of each post
as viewed from each primary elevation shall not be less than eight inches (8”) or
more than forty-eight inches (48”). Any carport with two or more elevations that
exceed the 48-inch criteria shall be considered an accessory building and be
regulated as such. Cedar posts shall be wrapped using masonry stone or brick
from the base to at least 50% of the post height. The exposed portion of the cedar
post shall be a minimum of 8 inches.
City of Colleyville Page 3
City Council Agenda Briefing 6d
Special Use Permit Provision: Any request for a carport shall only be authorized after
approval of a Special Use Permit by the City Council using the procedures contained
elsewhere in the Land Development Code.
Analysis: The request is to allow for a 1,000 square foot carport that was built to
remain. The carport was built without a building permit or the required SUP. The carport
is 25 feet in width, 40 feet in length, 20 feet tall, and is located approximately 15 feet
from the rear and side property lines. The structure does not currently comply with the
material standards, size regulations, height regulations, or setback regulations outlined
in the Land Development Code. In the R-20 zoning district, there is a 30-foot setback
on the street side yard that structures must not encroach into. The carport was not built
with a foundation and is not over an all-weather surface.
Plat Status: The property is platted as Lot 8, Block 1, Arbor Estates Addition.
DRC Review: The DRC reviewed the request during their October 21, 2024 meeting
and determined that the application was complete and may be scheduled for the next
available Planning and Zoning Commission meeting.
Drainage: NA
Surrounding Development: The properties to the north, south, east, and west are
zoned R-20 Single Family Residential and improved with single family homes.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies
the subject property for residential development. The proposed SUP does not conflict
with any portion of the comprehensive plan.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners Associations within 1,000 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as required
by State law and the Land Development Code.
Staff Recommendation: Staff recommends denial of the Special Use Permit due to
technical non-compliance.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended denial of the request at their November 12, 2024 meeting
by a vote of 6-0.
Attachments
1. Appeal Request
2. Aerial Map
3. Zoning Map
4. Future Land Use Map
City of Colleyville Page 4
City Council Agenda Briefing 6d
5. Statement of Planning Objectives
6. Statement of Planning Objectives - Updated
7. Site Plan Exhibit
8. Images Provided by Applicant
9. Before and After Photos
10. Notification Map
11. Notification Letter
12. Notification List
13. Letters Received
14. Opposition Map
15. Opposition Report
16. Ordinance O-24-2308
From:Joe Chiles
To:Jackie Reyff
Subject:2401 Spruce Ct
Date:Thursday, November 14, 2024 1:36:30 PM
Ms. Reyff,
I would like to appeal to the City Council the P&Z’s decision to not grant my SUP and variance requests please.
Thank you,
Joe Chiles
2401 Spruce Ct
Colleyville, TX 76034
(940)999-4926
5700
5704
5708
5712
5709
2417 2421
5609
5613
5701
5705
5713
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5606
2205 2207 2301 2303 2305
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25092516230723092401240324052407250125032505 2600
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2303 2305 2307
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2501 5406
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5402 5401
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56075606
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5712
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54015400
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5404 SYCAMOREDRAMADOR TRARBORGATELNWINDINGTRDUSTY C T
HALL JOHNSON RD
KINGS CT
A R B O R T R
POPLAR LN
L
IND
EN
C
TPOPLAR CT WSPRUCE CT
POPLAR CT E
JUNIPER CTSYCAMORE CTK
Subject Property
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.
ZC24-023
2401 Spruce Ct
Aerial Map
5700
5704
5708
5712
5709
2417 2421
5609
5613
5701
5705
5713
2313
5606
2205 2207 2301 2303 2305
5801
25092516230723092401240324052407250125032505 2600
2317
2319
2319
2309
5704
5504
5502 5500 5501
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55055507
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2402 2404
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2400 2402 2404
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2500 2502 2504 2506
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2406
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240524032401
2400
5601
2303 2305 2307
230623042302
2300
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2303 2305
5603
2307 2309 2401 2403 2405
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5402
5403
5605
2409
2501 5406
5404
5402 5401
5403
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56075606
5604
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2301
5501
5705
5709
5503
5505
5507
5601
5603
5605
5609
5701
5411
5406
5408
5410
5500
5502
5504
5506
5600
5602
2309
5409
2308
5704
5708
5712
5407
5405
5403
54015400
5402
5404 SYCAMOREDRAMADOR TRARBORGATELNWINDINGTRDUSTY C T
HALL JOHNSON RD
KINGS CT
A R B O R T R
POPLAR LN
L
IND
EN
C
TPOPLAR CT WSPRUCE CT
POPLAR CT E
JUNIPER CTSYCAMORE CTR-20
K
Subject Property
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.
ZC24-023
2401 Spruce Ct
Zoning Map
408404400312 412
5316
5318
407
408
405
404
401
400
313
312
5314
409405401309 413 417
308304212
303 305 309 313 401 405
404400316308304300216
217
301 305 309 313 317 401 405217
404400316312
713
711
712
90
92
949698
102
100
5201
5201
501 605 609 613 701
704700612608604600516512508
505
504500
509 601
605 609501 613 701 705
704616612608604
505
600516512508504500
509 515 517 601
605 609501 613 701 705
704700
505
612608604600516512508504500
509 513 517 601
501 605 607 611 613 701503505509511513515601603
5109
5226BRANSFORD RDTIMBERLINE DR S
TIMBERLINE DR N
OPALE
T
H
R
I
D
G
EPKWY
FIELD ST
EUDALY DR
OAK CREST HILL DR
OAK VALLEY DR
HILLSIDE RD
COLLEYVILLE TERR
K
Residential
Commercial
Institutional
Colleyville Blvd Corridor
Open Space; Parks
Subject Property
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.
ZC24-022
405 Oak Valley Dr
Future Land Use Map
Joe Chiles
2401 Spruce ct
Colleyville TX 76034
United States
940-999-4926
November 21, 2024
Colleyville City Council
100 Main St.
Colleyville, TX 76034
Honorable Mayor and Esteemed City Council,
I am Joe Chiles. We come before to ask for approval for a Residential Special
Use Permit (SUP), possibly with stipulations as to what can be done to satisfy the
Council and Building officials to allow the structure in question to remain. I have spoke
to many of my immediate neighbors and most would be amicable to let the structure
remain with the councils’ approval. The folks that are in opposition live between a
quarter mile to a half mile from our home. One suggestion from a neighbor was that
we raise our fence to the maximum height to help conceal the structure and vehicles. I
also have learned that a garage does not have the same restrictions as a carport and I
could very easily enclose it and install a door. Another neighbor doesn’t mind the
structure, but would be more comfortable if the council would grant the SUP. Others
are not comfortable getting involved, but admitted to me that they are not opposed to
the structure. We are wide open to any suggestions or stipulations in order to permit
and finish the structure.
After the super storms this spring we built the shelter to protect our 2 classic
cars, Sprinter van and Boat. Parking them on the street or in the open would subject
them to possible damage from weather, vandalism and maybe even theft as well as
safety concerns. I’m not sure why carports are not allowed as the demand for covered
parking is very high and adds value to any property. When we bought our house it had
been abandoned by the previous owner for years and was 201 days on the market this
time around. When the previous owner tried to dress it up to sell, they made matters
worse. Paint was spayed on the roof and windows and nothing was repaired. The
landscape was out of control and the house was covered up and hidden from view.
The windows were horrid and the pool was in bad repair. We pulled a dead Raccoon
form the attic which had been there for years, Painted the exterior, cleaned up the
landscape, removed a giant bolder from the front yard, restrained the fence, etc, etc…
We have invested over $100,000 in this property and brought it back to life.
Most people in our area are very happy with all the improvements, including the
structure in question. It was designed and built to blend in with our house and
surrounding properties, which it does. It looks very similar to other structures in our
area such as gazebos, and other detached structures. Currently we have spent about
$25,000 on it and it would be very expensive to tear down and haul off.
Real estate professionals have told us that we increased the value of our
property significantly and increased the value and curb appeal of all the homes on
Amador Trail and Spruce Ct. You are all welcome to come see for yourself and speak
to me personally. I have included before and after pictures of the property.
I know this is difficult for all of you, but please consider our side of the story.
We must have a unanimous vote from the Council to approve the SUP for the project.
So we beg you all to consider granting our application, with or without stipulations,
and allow us to consult with the Community Development Director and Building
Officials to inspect the structure and report back to you. After Council’s consideration
of all the information and our commitment in writing to any required stipulations,
consider moving forward with the SUP to finish the project to everyones satisfaction.
We also pledge to never go forward with any projects without consulting with the City
in the future and we sincerely apologize for doing so this time. Thank you for your
consideration and thank you for your service.
Sincerely,
Joe Chiles
5700
5704
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2417 2421
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HALL JOHNSON RD
KINGS CT
A R B O R T R
POPLAR LN
L
IND
EN
C
TPOPLAR CT WSPRUCE CT
POPLAR CT E
JUNIPER CTSYCAMORE CTK
Parcels to be notified
Buffer
Subject Property
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.
ZC24-023
2401 Spruce Ct
Notification Map
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: Tuesday, November 12, 2024 at 7:00 p.m.
City Council Meetings: Tuesday, December 3, 2024 & Tuesday, December 17, 2024 at 7:00 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a Special Use Permit to allow for a residential carport
that is larger and closer to a property line than allowed on Lot 8, Block 1,
Arbor Estates Addition. The request is to allow for a carport that was built
without a permit to remain on the property. The carport does not comply
with the size and height regulations of the Land Development Code.
Zoning Case:ZC24-023
Applicant:Joe Chiles
Owner: Vickie Colby-Chiles Revocable Trust
Location:2401 Spruce Court
Property Description:Lot 8, Block 1, Arbor Estates Addition
Present Zoning:R-20 Single Family 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
Citizenletters@Colleyville.com
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 817.503.1050.
Please reference the zoning case number when requesting information.
Christopher Pham
Planner
1
Notify_List.xlsx - Copy
Owner_Name Situs_Addr
FARES, RABAB 2400 ARBOR GATE LN
SCHAMP, RICK 2404 ARBOR GATE LN
WIESE, SHANNON 2408 ARBOR GATE LN
ENCLAVE AT ARBOR ESTATES HOA 5712 ARBOR GATE LN
ZELLA LIVING TRUST 2405 ARBOR GATE LN
FAULKNER, DENNIS 2409 ARBOR GATE LN
KALAMKAR SHAH REVOCABLE LIVING TRUST 2413 ARBOR GATE LN
MANTEL, RONALD P 2417 ARBOR GATE LN
SMALLWOOD, DAN LEE 2421 ARBOR GATE LN
SWAN, STANLEY 5609 ARBOR GATE LN
TU, YIDONG 5613 ARBOR GATE LN
ENCLAVE AT ARBOR ESTATES HOA 2401 ARBOR GATE LN
PRIMROSE, RANDALL 2313 HALL JOHNSON RD
HALL, CHARLIE W 5606 AMADOR TR
NORTHEAST PROPERTIES INC 2319 HALL JOHNSON RD
HALL, CHARLIE 2319 HALL JOHNSON RD
HEBERT, MICHAEL A 5504 DUSTY CT
GRECO, VINCENT L 5502 DUSTY CT
HARRISON, GARY L 5604 CREEKSIDE CT
GEHLER, CHRISTOPHER 5602 CREEKSIDE CT
KUPPER, CASEY M 5600 CREEKSIDE CT
BLACK, CHRIS 5508 WINDING TR
CORREA, FRANCOSCO 5506 WINDING TR
GILBERT, JASON 2400 SPRUCE CT
SHORT, ANTHONY K 2402 POPLAR CT E
JACKSON, DANIEL 2404 POPLAR CT E
MARSH, MATTHEW 2406 POPLAR CT E
SLOSSON, MARK R 2407 POPLAR CT E
VELLA, DAVID M 2405 POPLAR CT E
THE SSH TRUST 2403 POPLAR CT E
ARITA, JON 2401 POPLAR CT E
ALOTTO, JAMES R 2400 ARBOR TR
HARRINGTON, JON D 2402 ARBOR TR
JONES, RUTH-ANN 2404 ARBOR TR
FOREMAN, NATHAN 2402 SPRUCE CT
FARISS, LANDON 2406 ARBOR TR
WANG, ERIC T 2408 ARBOR TR
BURNETT, MEGAN 2500 ARBOR TR
WOOTEN, JENNIFER 2404 SPRUCE CT
HOELSCHER, SKYLER 2406 SPRUCE CT
SHUMATE, LORA LEIGH 2407 SPRUCE CT
SMITH, TORY 2405 SPRUCE CT
HARRIS MANAGEMENT TRUST 2403 SPRUCE CT
MARRS, KATHI 2400 POPLAR CT E
TOOKEY LIVING TRUST 5601 POPLAR CT W
TOOKEY, RICHARD 2303 POPLAR LN
HALLMARK, SANDRA 2305 POPLAR LN
SCHNEIDER, RONALD 2307 POPLAR LN
THE ARINGTON FAMILY TRUST 2306 ARBOR TR
BOLTON, JEFFREY M 2304 ARBOR TR
WYLIE, C TODD 5603 POPLAR CT W
TIAN, YOUQIN 5605 POPLAR CT W
CASE, GARY 5607 POPLAR CT W
NAJA, NICOLE 5606 POPLAR CT W
FARISS ROBERT AND LESLIE FARISS REVOCABLE LIVING 5604 POPLAR CT W
YATES, CLINT 5602 POPLAR CT W
WALLACE, MATTHEW 5600 POPLAR CT W
2
Notify_List.xlsx - Copy
TAYLOR, THOMAS P 2301 POPLAR LN
LEYTON GROVE ADDITION COURTESY NOTICE
ARBOR ESTATES COURTESY NOTICE
ARBOR ESTATES II COURTESY NOTICE
ENCLAVE AT ARBOR ESTATES, THE COURTESY NOTICE
HIGHLAND MEADOWS ADDN COURTESY NOTICE
GRAPEVINE COLLEYVILLE ISD STATE REQUIRED
VICKIE COLBY-CHILES REVOCABLE TRUST 2401 SPRUCE CT
From:
To:Citizen Letters
Subject:Joe Chiles carport ZC24-023
Date:Tuesday, November 5, 2024 12:38:14 PM
To the City of Colleyville,
I received your letter regarding Joe Chiles' car port (ZC24-023). I live directly behind him and
view it daily. This note is to inform you that I do not have a problem with his carport or your
issuance of a Special Use Permit.
Respectfully,
Kathi Marrs
2400 Poplar Ct E, Colleyville, TX 76034
Please acknowledge receipt of this email and submit it for the hearing.
From:
To:Citizen Letters; Kristopher Potts
Subject:Special Use Permit for Case ZC24-023
Date:Tuesday, November 5, 2024 3:07:22 PM
Dear Planning and Zoning Commissioners,
I received a letter from the City of Colleyville regarding a request for a Special Use
Permit for Lot 8, Block 1 in the Arbor Estates Addition. While I recognize and
appreciate the owner's attempt to make such a huge structure as visually appealing
as possible, I am nonetheless opposed to a Special Use Permit because it sets anuntenable precedent.
If this property owner is given an after the fact Special Use Permit, what happenswhen the next neighbor wants to build a similar structure to protect a boat or RV?While a slap-on-the-wrist fine may serve as some measure of punishment, the
structure remains a visible testament to others that it is okay to "ask for forgiveness
rather than permission" when they want to make additions to their property.
Thank you for your consideration,Daniel and Norma Jackson2404 Poplar Ct E, Colleyville, TX 76034
From:
To:Citizen Letters
Cc:Kristopher Potts
Subject:Special Use Permit for Case ZC24-023
Date:Thursday, November 7, 2024 3:11:04 PM
Dear Planning and Zoning Commissioners,
I received a letter from the City of Colleyville regarding a request for a Special UsePermit for Lot 8, Block 1 in the Arbor Estates Addition. While I recognize and
appreciate the owner's attempt to make such a huge structure as visually
appealing as possible, I am concerned about the ability for others in our
city/neighbor to build without a permit and seek forgiveness after the fact.
My assumption is that the property owner is aware of requiring a permit prior tobuilding such a large structure. In addition, a certified builder would have alsoknown that a permit is required. As part of the planning and zoning commission isthe contractor not at fault as well. Overall, I do pass by the structure multipletimes a day and it isn't a horrible structure but rather large. We have otherneighbors that have large RV's and as far as I am concerned this may open thedoor for others to build large structures to cover those RV's. What will the city do
at that point? Favor one neighbor over another if approval is provided. Once a
decision has been made will we (those that received the initial notification) be
notified in writing as to the outcome by the planning and zoning commission? I
would hope we would be provided the reasoning for either approval or denial.
Liza and Mark Slosson 2407 Poplar Ct E, Colleyville, TX 76034
From:
To:Citizen Letters
Subject:Zoning Case: ZC24-023 - 2401 Spruce Court
Date:Tuesday, November 19, 2024 10:52:02 AM
My husband, Matthew Wallace, and myself own the house at 5600 Poplar CT W in Arbor
Estates in Colleyville, TX. We cannot attend the city council meeting on Dec. 3 or Dec. 17, so
I am writing this email, it can be made part of the public record.
We received notice of a public hearing regarding a neighbor at 2401 Spruce CT. They are
asking for the carport that was built on this property be able to remain on the property.
The carport on this property is a very nice carport, I would hate to see them have to tear it
down. It is on the side of their property that is next to the street. We give approval to their
request for this carport, that does not comply with size and height regulations, to remain on
property.
Angela Wallace
From:
To:Citizen Letters
Subject:Zoning Case ZC24-023, Joe Chiles, 2401 Spruce Court
Date:Friday, November 22, 2024 2:06:12 PM
To Community Development, City of Colleyville, Colleyville City Council:
I would like to express my firm opinion of the zoning change request for this matter.
I have lived at 2407 Spruce Court for 34 years. During that time, the home at 2401 Spruce Court was
practically abandoned for many years. Mr. and Mrs. Chiles moved in a year and a half ago and have
brought some wonderful changes to our neighborhood. They have invested heavily in the property’s
value and in turn the value of Arbor Estates. Everything that has been done is top-of-the-line, first
class quality improvements.
Because we have a “voluntary” HOA in this neighborhood, many owners park large RV’s and boats in
their backyards where they are easily visible from the street. Over-sized trucks and vans park in the
driveway or on the street. Mr. Chiles invested in a quality structure that looks like a covered patio.
It does not in any way harm the aesthetics of the neighborhood. And trust me, I have been a realtor
for 10 years, and work for Tim Gauntt at Century 21 Judge Fite in Colleyville. I am well qualified to
state my evaluation of the property improvements and value.
Please allow an exception for this structure, as it is an excellent addition to the property and
neighborhood.
Sincerely,
Lora Shumate
2407 Spruce Court
2400 2404 2408
2405 2409 2413 2417 2421
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2301 AMADOR TRARBOR GATE LN
POPLAR LNPOPLAR CT WSPRUCE CT
POPLAR CT E
K
Subject Property
Opposing
Buffer_Protest
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.
ZC24-023
2401 Spruce Ct
Opposition Map
List of Opposing Properties
Owner's NameAddress Percentage
JACKSON, DANIEL2404 POPLAR CT E 4.16%
Address Count : 1 Total Percentage: 4.16%
Page 1 of 1 Date : 11/5/2024 3:45 PM
ORDINANCE O-24-2308
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 0.44 ACRES, BEING LOT 8, BLOCK 1,
ARBOR ESTATES ADDITION, LOCATED AT 2401 SPRUCE COURT, BY
AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR A
RESIDENTIAL CARPORT; 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 Special
Use Permit to allow for a Carport under Case No. ZC24-023;
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 the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a Special Use Permit for a Residential Carport on
0.44 acres, being Lot 8, Block 1, Arbor Estates Addition,
located at 2401 Spruce Court, as depicted on the attached as
Exhibit “A”.
Ordinance O-24-2308
Page 2 of 3
Sec. 2. 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. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The Special Use Permit shall allow a carport being 40 feet
in length; 1,000 square feet in area; 20 feet in height;
encroaching into the street yard 15 feet; no all-weather
surface; and posts with no masonry stone or brick 50% of
the height.
b. It shall be generally consistent with the site plan and as
depicted on the attached Exhibit “B”.
c. All requirements of the Land Development Code shall be
met, except where amended herein.
Sec. 4. 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. 5. 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. 6. 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. 7. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
Ordinance O-24-2308
Page 3 of 3
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 3rd day of
December 2024.
The second reading and public hearing being conducted on the 17th day of
December 2024.
APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 17TH DAY OF
DECEMBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 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
MLPUDR CC2
Exhibit “B” – Carport Exhibit
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6e Agenda Date 12/17/2024 Number Ordinance O-24-2309
Type Ordinance
Department Community Development
Title
Consideration of a Special Use Permit for a reduction in parking on Lot 1, Block 1,
Gonzalez Addition, located at 6609 Colleyville Boulevard, Case ZC24-026
Explanation
Second Reading and Public Hearing
The applicants were present and answered questions from the City Council. The Council
asked for building elevations to be submitted. The applicant indicated that they
understand the desire for enhanced architecture. There were no speakers during the
public hearing.
First Reading and Public Hearing
Russell Motz, the applicant, has submitted a request for a Special Use Permit (SUP) to
allow for a reduction in parking on Lot 1, Block 1, Gonzalez Addition, being
approximately 0.42 acres, and zoned ML Light Industrial. A reduction in parking is
allowed in the ML Light Industrial district with the approval of an SUP.
Existing Conditions/Background: The subject property, 6609 Colleyville Boulevard,
is zoned ML and generally located on the east side of Colleyville Boulevard, north of
Tarrant Lane. The subject property is a platted lot and is currently undeveloped.
SUP Request: The applicant is requesting approval of an SUP to allow for a reduction in
parking at this location.
Ordinance – Land Development Code, Chapter 3, Section 3.29 Parking Requirements I.
Supplemental Parking Space Requirements 5:
Special Use Permit Provision: A reduction may be authorized after approval of a
Special Use Permit by the City Council when associated with new development or a
significant change in use of an existing building or site. A parking analysis report
justifying the reduction shall be provided as part of the request for parking reduction.
Analysis: The applicant is requesting the SUP for a reduction in parking. The parking
ratio for the use is one space per 200 SF. The applicant is requesting a reduction in
parking to allow for a new 5,497 square foot training and baseball facility to be allowed
18 spots rather than the required 27 spots. The applicant states the training facility will
City of Colleyville Page 2
City Council Agenda Briefing 6e
not need the amount of required parking as it is highly specialized one-on-one training.
Approval of an SUP at this location for this user should not adversely impact
surrounding uses or the character of the neighborhood.
Plat Status: The property is platted as Lot 1, Block 1, Gonzalez Addition.
DRC Review: The DRC reviewed the request during their October 21, 2024 meeting
and determined the application was complete and may be scheduled for the next
available Planning and Zoning Commission meeting.
Drainage: NA
Surrounding Development: The properties to the north and south are zoned ML Light
Industrial district and developed with a mixture of retail and automotive uses. The
properties to the east are zoned PUD-C and improved with automotive uses. The
property to the west is Colleyville Boulevard.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies
the subject property as “Colleyville Boulevard Corridor” and located within a Sales Tax
Preferred Intersection. The proposed SUP does not conflict with any portion of the
comprehensive plan.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners Associations within 500 feet of the subject property regarding this
request. Grapevine-Colleyville ISD, where the subject property is located, was notified
per State law. Notice was published in the Fort Worth Star-Telegram as required by
State law and the Land Development Code.
Staff Recommendation: Staff recommends approval of this request.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval of the request at their November 12, 2024 meeting
by a vote of 6-0.
Attachments
1. Aerial Map
2. Zoning Map
3. Future Land Use Map
4. Statement of Planning Objectives
5. Site Plan Exhibit
6. Building Elevations
7. Notification Map
8. Notification Letter
9. Notification List
10. Ordinance O-24-2309
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TENNISON PKWY
KENNEDY DRBAKER CT
MCMAKIN CT
D O U G L A S AVEFRANCESDRCOLLEYVILLE BLVDROSS
D
O
W
NS
DR
K
Subject Property
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.
ZC24-026
6609 Colleyville Blvd
Aerial Map
6609
6804
6600
1799
1690
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1521 1608
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TENNISON PKWY
KENNEDY DRBAKER CT
MCMAKIN CT
D O U G L A S AVEFRANCESDRCOLLEYVILLE BLVDROSS
D
O
W
NS
DR
PUD-C
ML
K
Subject Property
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.
ZC24-026
6609 Colleyville Blvd
Zoning Map
6609
6804
6600
1799
1690
15161512
1517
1521 1608
1604
1600
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6611
1701
TARRANT LN
TENNISON PKWY
KENNEDY DRBAKER CT
MCMAKIN CT
D O U G L A S AVEFRANCESDRCOLLEYVILLE BLVDROSS
D
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DR
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Residential
Colleyville Blvd Corridor
Open Space; Parks
Subject Property
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.
ZC24-026
6609 Colleyville Blvd
Future Land Use Map
Kaizen Sports Performance
Kaizen Sports Performa nce is a ba seball and softball training facility for individual
instruction. Preston Motz is the business owner and grew up in Colleyville playing baseball
through CBA and eventually playing for Colleyville Heritage Hi gh School during the time
when they won the state championship. Baseball had an incredible impact on his life and
now after graduating college with an entrepreneurship and marketing degree he is excited
to take his life passion and start a business where he grew up. His father will be the
landowner and lease the business to his son. This training facility will bring Colleyville tax
dollars to the community, keeping residents from having to drive to Southlake and
Grapevine for their instructional needs. This will be a top-level training facility with the
latest in technology to drive true results on the fi eld. This fa cility will have 3 training lanes
and expect no more than 3 coa ches and 3 students in the lanes with possibly 3 more in the
waiting area. Our expected parking needs are a m ax of 9 spots and have 18 built in.
There is a potential project that is going in behind us that has requested us to give
them access for a water line and if possible, a road they can use to g et to their project
cutting through our property. We are building that into our plans and with that they will
grant us lifetime use of their parking should the need ever occur. This is more for planning
for potential uses for this facili ty in the future should we outgrow it over time.
We are very excited about this opportunity and know this will be a great compliment
to Colleyville and their residents.
Thank you,
Preston Motz
OFFICE
RESTROOM
9'x 10'
RESTROOM
CAGE1
70'X 15'
CAGE2
70'X 15'
CAGE3
70'X 15'
TURF AREA30'X 20'
TURF AREA11'X 47'
20' GREEN SCAPE
40' BLDG LINELANDSCAPE4' SIDE WALKFIRE LANELANDSCAPE49'-8"
41'-4"112'-8"18 PARKING SPOTS
BUILDING SQFT 5497
GRASS AREADUMPSTER
GRASS AREA
GRASS AREA
3'-5"77'-4"18'-7"
5'-5"43'-7"
Robert Johnson Designs
(817) 251-4646ADDRESS:845 ENTERPRISE PL, STE B 76092 SOUTHLAKE TX
OFFICE
8'-6"7'-8"
Robert Johnson Designs(817) 251-4646ADDRESS:845 ENTERPRISE PL, STE B 76092 SOUTHLAKE TX18'-0"
21'-0"
21'-0"
18'-0"
12'-0"
14'-0"
7'-0"
2'-0"
9'-6"
11'-0"
18'-0"
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14'-0"
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9'-6"
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7'-0"
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9'-6"
11'-0"
21'-0"FRONT ELEVATION LEFT ELEVATIONRIGHT ELEVATIONBACK ELEVATION MASONRY TBTMASONRY TBTMASONRY TBTMASONRY TBTMASONRY TBTMASONRY TBTMASONRY TBTMASONRY TBTMASONRY TBTMASONRY TBTMASONRY TBTMASONRY TBTMASONRY ACCENTMASONRY ACCENTMASONRY ACCENTMETAL ROOF6:12 PITCH6:12 PITCH6:12 PITCH6:12 PITCH6:12 PITCH6:12 PITCHMETAL ROOFMETAL ROOFMETAL ROOF24'-1"
24'-1"
24'-1"
24'-1"21' PL18' PL21' PL18' PL21' PL18' PL21' PL18' PL
6609
6804
6600
1799
1690
15161512
1517
1521 1608
1604
1600
1617
1699
1613
1609
1605
160115171513
1700
1706
1704
6900
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6908
6805
6801
6511
6509 1801
18001704 2000
6614
6616
6618 6620
6700
6702
2002
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66026604
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6608 6610
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6705
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64206420
6420
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6420
6420
65086504
6500
6515
6513
6700
6630
6800
6521
6604
6602
6526
6516
6901
6900
6607
6611
1701
TARRANT LN
TENNISON PKWY
KENNEDY DRBAKER CT
MCMAKIN CT
D O U G L A S AVEFRANCESDRCOLLEYVILLE BLVDROSS
D
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Parcels to be notified
Buffer
Subject Property
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.
ZC24-026
6609 Colleyville Blvd
Notification Map
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Addr»
«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: Tuesday, November 12, 2024 at 7:00 p.m.
City Council Meetings: Tuesday, December 3, 2024 & Tuesday, December 17, 2024 at 7:00 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a Special Use Permit for a Reduction in Parking on Lot
1, Block 1, Gonzalez Addition. The request is to allow for a new 5,497
square foot training and baseball batting facility to be allowed 18 parking
spots rather than the required 27 spots.
Zoning Case:ZC24-026
Applicant:Russell Motz
Owner: Eric Jose Gonzalez & Cori Michelle Gonzalez Family Trust
Location:6609 Colleyville Boulevard
Property Description:Lot 1, Block 1, Gonzalez Addition
Present Zoning:ML Light Industrial
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
Citizenletters@Colleyville.com
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 817.503.1050.
Please reference the zoning case number when requesting information.
Christopher Pham
Planner
1
Notify_List.xlsx - Copy
Owner_Name Situs_Addr
ERIC JOSE GONZALEZ & CORI MICHELLE GONZALEZ FAM6609 COLLEYVILLE BLVD
COLLEYVILLE JHCC LLC 6804 COLLEYVILLE BLVD
MONTERRA HOME OWNER'S ASSOC 1699 TENNISON PKWY
FELLER-DAVIS ENTERPRISES LLC 6900 COLLEYVILLE BLVD
TX14 COLLEYVILLE LLC 6805 COLLEYVILLE BLVD
COLLEYVILLE CREME DE LA CREME 6801 COLLEYVILLE BLVD
SBJ RESCH FAMILY LTD 1800 TARRANT LN
AMERICA'S STORAGE 1704 TARRANT LN
FLOWERS, GREGG W 6614 MCMAKIN CT
JEWEL, MIRZA 6616 MCMAKIN CT
MCDERMOTT, COLIN 6618 MCMAKIN CT
WILEY, PAUL 6620 MCMAKIN CT
BERGER, ANDREW 6700 KENNEDY DR
MENDIOLA, DAWN RENEE 6604 BAKER CT
FABIAN, SAVANNAH 6606 BAKER CT
MCENTIRE, KENNETH 6608 BAKER CT
FERRIS, DARRELL K 6610 BAKER CT
STEVENS, MICHAEL 6612 MCMAKIN CT
HART, NEIL J 6703 COLLEYVILLE BLVD
IKENOUYE LLC 6705 COLLEYVILLE BLVD
LANI PROPERTIES LLC 6707 COLLEYVILLE BLVD
6515 COLLEYVILLE LLC 6513 TARRANT LN
DD MOORE LLC 6700 COLLEYVILLE BLVD
3 J GREEN LIMITED PARTNERSHIP 6630 COLLEYVILLE BLVD
STRATEGERY REAL ESTATE HOLDING 6800 COLLEYVILLE BLVD
J&C SERVICE GROUP LLC 6521 COLLEYVILLE BLVD
REYNOLDS, JOHN C 6604 COLLEYVILLE BLVD
TRES ROSAS LTD 6526 COLLEYVILLE BLVD
COMBINED ENTERPRISES INC 6607 COLLEYVILLE BLVD
GARDNER, DAVID 6611 COLLEYVILLE BLVD
SELECT ROOFING LLC 6605 COLLEYVILLE BLVD
ROSS DOWNS ESTATES COURTESY NOTICE
MONTERRA ADDITION COURTESY NOTICE
GRAPEVINE COLLEYVILLE ISD STATE REQUIRED
MOTZ, RUSSELL
ORDINANCE O-24-2309
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 0.42 ACRES, BEING LOT 1, BLOCK 1,
OF THE GONZALEZ ADDITION, LOCATED AT 6609 COLLEYVILLE
BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A
REDUCTION IN PARKING; 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 Special
Use Permit for a reduction in parking, Case ZC24-026; 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 the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a Special Use Permit for a reduction in parking on
0.42 acres, being Lot 1, Block 1, Gonzalez Addition, located at
6609 Colleyville Boulevard, as depicted on the attached as
Exhibit “A”.
Ordinance O-24-2309
Page 2 of 3
Sec. 2. 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. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The Special Use Permit shall apply to a reduction in parking
for a baseball training facility.
b. The Special Use Permit shall automatically expire upon the
abandonment of the business, change in use, a change in
ownership or upon the expiration or termination of the
Certificate of Occupancy.
c. All requirements of the Land Development Code shall be
met, except where amended herein.
Sec. 4. 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. 5. 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. 6. 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. 7. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
Ordinance O-24-2309
Page 3 of 3
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 3rd day of
December 2024.
The second reading and public hearing being conducted on the 17th day of
December 2024.
APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 17TH DAY OF
DECEMBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 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” – Site Plan
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6f Agenda Date 12/17/2024 Number Ordinance O-24-2310
Type Ordinance
Department Finance
Title
Amending Ordinance O-23-2256 relating to the Fiscal Year 2024 budget
Explanation
Second Reading and Public Hearing
There were no speakers regarding this item at the December 3, 2024, meeting.
First Reading and Public Hearing
The proposed ordinance will amend Ordinance O-23-2256 that approved and adopted
the Fiscal Year 2024 budget for several purposes:
1. To transfer the FY 2024 General Fund year-end operating surplus to the Capital
Projects Fund for future capital projects;
2. To transfer the FY 2024 Utility Fund year-end operating surplus to the Utility
Capital Projects Fund for future utility capital projects; and
3. To transfer the FY 2024 Drainage Fund year-end operating surplus to the
Drainage Capital Projects Fund for future drainage capital projects.
In accordance with Section 9.04 (D) of the Charter of the City of Colleyville, the
proposed ordinance will authorize the City Manager to transfer part or all of any
unencumbered appropriation balance from one department to another, if expenditures
in a department exceeded the adopted budget.
Financial Impact
This budget amendment sweeps both General Fund and Utility Fund operating surpluses
to the Capital Projects Fund and Utility Capital Projects Fund, respectively, providing a
significant funding source for capital projects while ensuring compliance with the City's
financial policy of maintaining 90 days of operating reserves.
Recommendation
Approve
Attachments
1. Ordinance O-24-2310
ORDINANCE O-24-2310
AMENDING SECTION 3 OF ORDINANCE O-23-2256 OF THE FISCAL
YEAR 2024 BUDGET AMOUNTS FOR THE TRANSFER OF GENERAL
FUND, UTILITY FUND, AND DRAINAGE UTILITY FUND OPERATING
SURPLUSES TO THE CAPITAL PROJECTS FUND, UTILITY CAPITAL
PROJECTS FUND, AND DRAINAGE CAPITAL PROJECTS FUND; AND
AUTHORIZING THE CITY MANAGER TO TRANSFER UNSPENT FY2024
BUDGET APPROPRIATIONS FROM ONE DEPARTMENT TO ANOTHER
IF EXPENDITURES IN A DEPARTMENT EXCEEDED THE ADOPTED
BUDGET ON SEPTEMBER 30, 2024
WHEREAS, FY2024 General Fund, Utility Fund, and Drainage Fund
projected year end revenues are anticipated to exceed
expenditures; and
WHEREAS, the City Council desires to provide funding for future general,
utility, and drainage capital projects; and
WHEREAS, necessary expenditures over the course of a fiscal year may
cause certain departments to either exceed the FY2024 original
budget or conclude the year under-budget, and it is required
that original budget appropriation amounts be amended
accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the City Manager is authorized to transfer the FY2024
General Fund operating surplus to the Capital Projects Fund for
future capital projects on September 30, 2024.
Sec. 2. THAT the City Manager is authorized to transfer the FY2024
Utility Fund operating surplus to the Utility Capital Projects
Fund for future utility capital projects on September 30, 2024.
Sec. 3. THAT the City Manager is authorized to transfer the FY2024
Drainage Fund operating surplus to the Drainage Capital
Projects Fund for future utility capital projects on September
30, 2024.
Sec. 4. THAT in the event that expenditures in a department exceed
the adopted budget for that department, the City Manager is
authorized to transfer all or part of the unencumbered
Ordinance O-24-2310
Page 2 of 2
appropriation balance from one department to another per the
Charter of the City of Colleyville, Section 9.04 (D):
Sec. 5. THAT the effective date of this ordinance shall be September
30, 2024.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 3rd day of
December 2024.
The second reading and public hearing being conducted on the 17th day of
December 2024.
APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 17TH DAY OF
DECEMBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 6g Agenda Date 12/17/2024 Number Ordinance O-24-2311
Type Ordinance
Department Finance
Title
Amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as
contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water
and wastewater volumetric rates to pass through changes from the Trinity River
Authority
Explanation
Second Reading and Public Hearing
There was one speaker regarding this item at the December 3, 2024 City Council
Meeting.
First Reading and Public Hearing
On November 15, 2016, the City Council approved Ordinance O-16-1996, implementing
the recommendations of the Water and Wastewater Rate Advisory Committee. This
ordinance established a new rate structure in which City operating costs are recovered
through base rates and volumetric rates are set to pass through the costs charged by
the Trinity River Authority (TRA).
The base and volumetric rates are reviewed and updated on an annual basis. The new
base rates are reflected in the bills sent out in October to coincide with the City's fiscal
year while the new volumetric rates are reflected in the bills sent out in January to
coincide with TRA's rate change.
This agenda item provides for formal consideration and approval to amend Sections 3A
and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code
of Ordinances of the City of Colleyville, Texas, to reflect the proposed new pass through
rates to be in effect starting with the January billing for December's usage as follows:
Water Rates
Staff recommends consideration of increasing the current water volumetric rate from
$5.5969 to $6.2446. The largest FY25 budgetary increases for the Trinity River
Authority are related to debt service and raw water costs.
Wastewater Rates
Staff recommends consideration of increasing the current wastewater volumetric rate
from $3.7371 to $4.3115. The largest FY25 budgetary increases for the Trinity River
City of Colleyville Page 2
City Council Agenda Briefing 6g
Authority Wastewater Treatment are related to debt service.
Financial Impact
Adoption of this ordinance will provide the revenue to recover the costs from TRA.
Recommendation
Approve
Attachments
1. Volumetric Rates Presentation FY25
2. Ordinance O-24-2311
FIRST READING AND PUBLIC HEARING
ORDINANCE O-24-2311
CITY
Monthly
Base Rate
(Min. Bill)
TRA
Volumetric
Charge
Total Bill
§TRA bills Colleyville for water and
wastewater treatment.
§WATER: Based on volume of
treated water purchased
§WASTEWATER: Based on volume
of wastewater treated
§Effective Date: January 1
§Colleyville bills customers:
§A base rate to
recover the operating
costs.
§A volumetric rate
based on projected
payments to TRA
§Fixed monthly charges
calculated based on the
amount of revenue
necessary to recover the
City’s operating costs.
§Water Base Rate
§Wastewater Base Rate
§Capital Improvement
Plan (CIP) Rate
§Effective Date: October 1
FIRST READING AND PUBLIC HEARING
ORDINANCE O-24-2311
Water 2024 2025
OM $3.3088 $3.4440
Debt $2.2882 $2.5032
$5.5970 $5.9472 6.26%
WW 2024 2025
OM $1.3714 $1.5830
Debt $2.3656 $2.5232
$3.7370 $4.1062 9.88%
FIRST READING AND PUBLIC HEARING
ORDINANCE O-24-2311
Capital Utility Fund
Projects (5-year CIP)
$ 4,820,000
$ 2,900,000
$ 5,000,000
$ 1,600,000
$ 1,150,000
$ 15,470,000
FY25 TRA Rate Proposed CIP Add-on Added CIP Revenue New FY25 TRA Rate
$ 5.9472 $ 0.2974 $ 883,703 $ 6.2446
$ 4.1062 $ 0.2053 $ 217,920 $ 4.3115
Summary:
§$15M in utility CIP projects over next 5 years
§Adding 5% to TRA rate will generate est. $5.5M in CIP revenue over 5 years
§This strategy will help cash-fund projects to avoid debt
§Based on average usage of 8.1 mgd water/2.9 mgd ww
1%3%5%7%9%
Water Rate $ 0.0595 $ 0.1784 $ 0.2974 $ 0.4163 $ 0.5352
WW Rate $ 0.0411 $ 0.1232 $ 0.2053 $ 0.2874 $ 0.3696
Water Annual $ 176,740.67 $ 530,222.02 $ 883,703.37 $ 1,237,184.72 $ 1,590,666.06
WW Annual $ 43,583.92 $ 130,751.77 $ 217,919.61 $ 305,087.45 $ 392,255.30
Total Utility $ 220,324.60 $ 660,973.79 $ 1,101,622.98 $ 1,542,272.17 $ 1,982,921.36
Total 5-Year $ 1,101,622.98 $ 3,304,868.93 $ 5,508,114.89 $ 7,711,360.85 $ 9,914,606.80
FIRST READING AND PUBLIC HEARING
ORDINANCE O-24-2311
TRA Rate Increase Only:
Current bill – $232.25
New bill - $243.33
Increase - $11.08 / TRA
TRA Rate Increase Plus CIP:
Current bill – $232.25
New bill - $251.67
Increase - $19.42 ($11.08 / TRA;
$8.34 / City CIP)
ORDINANCE O-24-2311
AMENDING SECTION 3 – SERVICE CHARGES OF THE WATER AND
SEWER POLICY AND PROCEDURE MANUAL OF THE CITY OF
COLLEYVILLE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,water and wastewater base rates are set to recover the City’s
annual operating costs for the utility system; and
WHEREAS,the Fiscal Year 2025 Utility Fund operating budget has been
proposed and the required base rates to fund said budget have
been calculated; and
WHEREAS,the FY25 – FY29 capital improvement plan has been proposed
and the required capital improvement rates to fund said plan
have been calculated.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT Section 3 – Service Charges of the Water and Sewer
Policy and Procedure Manual of Colleyville, Texas, which is
“Appendix A” of the Colleyville Code be replaced in its entirety
to read as follows:
Sec. A. - Water rates.
The following base and volumetric charges shall apply to residential and non-
residential water customers. Base charges for out-of-city customers shall be
$4.00 higher than the charge for in-city customers.
Base charge per month for in-city customers:
Water meters 1 inch or less $17.64
Water meters of 1.5 inches $35.28
Water meters of 2 inches $56.45
Water meters of 3 inches $105.85
Water meters of 4 inches $176.41
Base charge per month for out-of-city customers:
Water meters 1 inch or less $21.64
Water meters of 1.5 inches $39.28
Water meters of 2 inches $60.45
Water meters of 3 inches $109.85
Ordinance O-24-2311
Page 2 of 5
Water meters of 4 inches $180.41
Volumetric charge per 1,000 gallons $6.2446
Rates for fire hydrant meters:
The use of fire hydrant meters shall only be allowed within the Colleyville
city limits. The use of the fire hydrant meters shall be limited to a period of
no more than 90 cumulative calendar days. Under special conditions, a
customer may submit a written request to the public works department for
use of a fire hydrant meter for a period longer than 90 cumulative calendar
days, subject to public works director approval. In considering special
condition(s), the public works director shall not consider requests which are
necessary to relieve a self-created or personal hardship, failure of
performance by a contractor, nor for financial reasons. In considering the
customer request, the public works director shall solicit the recommendation
of the fire chief and fire marshal in consideration of the request. Further, the
public works director shall consider alternative means available to the
customer. If special condition(s) are approved by the public works director,
in no case shall the meter be used for more than an additional 30 calendar
days. The public works director may provide a written ruling within 15
working days of receipt of the customer's written request.
In the event a request for special condition(s) is denied by the public works
director, customer shall, within 14 calendar days, make written appeal to
the city manager of the public works director's decision. The city manager
shall render a written decision within 30 working days of receipt of the
customer's appeal. Such decision by the city manager shall be final and not
appealable to the City Council.
For purposes of this section, written communication shall be considered
communication, which is deposited with the United States Postal Service for
delivery.
The user must submit in writing, the location of where the meter will be
used, and such meter shall be used exclusively at the location on record with
the city. For purposes of this section, the use of a meter shall be allowed
cumulatively for only one location within an individual subdivision and/or
development.
For a period of 90 cumulative calendar days after a meter is returned and
read by the city, a user shall not be permitted to check out another meter
for use at the same designated location, as defined herein.
Ordinance O-24-2311
Page 3 of 5
The monthly base charge for a fire hydrant meter shall be $50.00. Water
usage for a fire hydrant meter shall be charged at a rate of $4.17 per 1,000
gallons of water used.
The customer shall be in possession of and responsible for the meter. The
customer will be responsible for bringing the meter to the public works
service center by the 20th of each month for reading. The customer is
required to use a proper fire hydrant wrench for operation of the fire hydrant.
The customer shall be responsible for any damage and repair, as reasonably
determined by the city, to the fire hydrant or the fire hydrant meter by the
use of a temporary water meter.
The customer will be required to provide for any backflow device necessary
to meet the current city ordinance for protection of the city's drinking water
supply.
The City of Colleyville, Tarrant County, and Texas Department of
Transportation (TxDOT) shall be exempt from the provisions of this policy.
Sec. B. - Sewer rates.
This schedule of rates per month or fraction thereof shall be the basis for
determining charges to all customers for rendering sanitary sewage service,
where the sewage produced by such customer is a normal strength
wastewater (170 mg/l BOD and 260 mg/l suspended solids) and where such
customer is located within the City of Colleyville. The base charge for non-
residential customers shall be $6.00 higher than the charge for residential
customers.
A base charge per month shall be charged as follows:
Residential customers $14.42
Non-residential customers $20.42
A monthly sewer volume charge shall also be charged to all customers as
set forth hereinafter. The sewer volume charge for residential customers will
be based upon the individual customer's average monthly water use during
the months of December, January and February. Where no preceding winter
quarter average is available from records, a volume of 9,000 gallons shall
be used for this volume charge.
The monthly sewer volume charges to commercial and industrial class
customers will be based on total water use each month as measured by
appropriate meters, with the provision that if a customer can show to the
satisfaction of the public works director that a significant portion of the
Ordinance O-24-2311
Page 4 of 5
metered water usage does not enter the sanitary sewers, the customer will
be charged for only that volume entering the sewers, as determined by a
method approved by the director of public works.
Volumetric rate per 1,000 gallons:$4.3115
Sec. C. – Capital Projects rates.
The following base charges shall apply to residential and non-residential
customers to provide funding for utility capital projects necessary to
maintain the utility system:
Base charge per month for in-city and out-of-city customers:
Water meters 1 inch or less $5.83
Water meters of 1.5 inches $10.78
Water meters of 2 inches $16.74
Water meters of 3 inches $30.63
Water meters of 4 inches $50.46
Sec. D. – Billing; delinquent penalty.
All charges for services furnished or rendered by the City of Colleyville Utility
Department are due and payable on the date bill is received. If payment is
not received within sixteen days of the billing date a (10%) penalty will be
imposed for failure to pay by the due date of the bill.
In the event the meter is not delivered to the city for reading, a penalty fee
would be imposed as follows:
$100.00 1st missed reading
$200.00 2nd missed reading
$300.00 3rd missed reading
After the third missed reading, the security deposit will be forfeited and the
City of Colleyville will revoke the use of the fire hydrant meter.
Sec. E. – Discontinuance of service, notice; reconnection fee.
1. In the event that any month's charges remain delinquent and unpaid
at the time of a subsequent billing's due date, the user or customer
shall receive a cut-off notice which will be mailed no later than two
working days after the subsequent billing's due date. Services will be
Ordinance O-24-2311
Page 5 of 5
disconnected if any arrearages over 30 days are not paid within six
working days of the cut-off notice. Where service has been
discontinued for failure to pay for service rendered, a charge of $25.00
shall be made for each meter disconnected before said service shall
be restored. In the event the customer requests reconnection at hours
other than 8:00 a.m. to 4:30 p.m., said reconnect fee shall be
increased to $75.00.
Sec. 2. THAT the effective date of this ordinance shall be for the bills
sent out starting January 1, 2024.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 3rd day of
December 2024.
The second reading and public hearing being conducted on the 17th day of
December 2024.
APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 17TH DAY OF
DECEMBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL BRIEFING
Agenda Number 8 Agenda Date 12/17/2024
Type Report
Department City Secretary
Title
Colleyville Library Board Minutes - October 14, 2024
Planning and Zoning Commission Minutes - November 12, 2024
Planning and Zoning Worksession Minutes - November 25, 2024
Attachments
1. Colleyville Library Board Minutes - October 14, 2024
2. Planning and Zoning Commission Minutes - November 12, 2024
3. Planning and Zoning Commission Worksession Minutes - November 25, 2024
City of Colleyville Page 1
CITY OF COLLEYVILLE
COLLEYVILLE LIBRARY BOARD
MINUTES
110 Main Street, Colleyville, Texas, 76034
MONDAY OCTOBER 14, 2024 - 6:00 PM
1. CALL TO ORDER
Chair Molly Skinner called the meeting of the Colleyville Library Board to order at
6:00 p.m.
Present: Chair Molly Skinner, and Board members: Wanda Cotter, Kay Newton,
Merry Graves, Gary McPherson, Susan Baum, Joy Fulton Lee, Al Cain, Denise Light.
City staff: Library Director Jack Pawlowski and Library Outreach and Program
Coordinator Dina Bayles. Guest: Deputy Mayor Pro Tem Scotty Richardson.
Absent: Joseph Stout, Joan Roberts.
2. APPROVAL OF MINUTES
August 12, 2024
A motion was made by Kay Newton and seconded by Joy Fulton Lee to approve the
August 12, 2024 minutes. The motion was approved unanimously.
3. REGULAR AGENDA ITEMS
3a Library Board Appointments Update
Director Pawlowski reported the City Secretary emailed notices on September 10,
2024, of library board openings and vacancies to board members with expiring
terms in November 2024. Board members whose terms are expiring that would like
to continue need to fill out the application due on October 31.
3b City of Colleyville Fiscal Year 2025 (FY25) Budget Update
New budget started October 1 and City Council approved all three budgets (General,
CEDC, and Volunteer Library Funds) on September 17. Additional $5,000 added to
Volunteer Library budget to be allocated for Cloud Library purchases to keep up with
demand. Director Pawlowski discussed exploring costs associated with video
streaming apps and services such as Kanopy, Hoopla, and Acorn as potential library
Colleyville Library Board Minutes October 14, 2024
City of Colleyville Page 2
offerings. Feasibility and patron demand will additionally be considered during the
exploratory process of offering video streaming options. Director Pawlowski
indicated cost and quality of content are considerable factors in the determinatio n
process.
3c Remote Locker System Update
Director Pawlowski reported the remote locker was installed on July 15,
demonstrated to the public at the Rec Center grand opening in August and went live
on September 4. Statistics reported 39 checkouts, with 34 being patron holds, and
the remainder being browse and borrow checkouts. More accurate browse and
borrow statistics expected next month, due to some training in September and
testing of the system. A How-To video was created and shared on the library website
and Facebook, thanks to the suggestion of Board member Susan Baum. A manual
book return will be installed late October at the Rec Center in response to patron
requests for return options at that location. Signage and a return pickup schedule
will be established when the manual book return is installed. Deputy Mayor Pro Tem
Scotty Richardson discussed the ease of use for checking out items that he
experienced as the first patron to borrow a book from the remote locker. Deputy
Mayor Pro Tem Richardson gave positive feedback on the appearance of the locker
system and was instructed on how to use the Cloud Library app as a digital library
card to scan and check out items on the locker.
3d E-Read Texas Update
Director Pawlowski explained E-Read Texas is a program offered by the Texas State
Library and Archives Commission, allowing libraries to offer digital books and
audiobooks to their patrons at no cost to the library. The Texas State Library
replaced Simply-E with Boundless as it’s E-Read offering. Simply-E was an open
sourced app from the New York Public Library that was not well supported and
experienced many IT issues. Boundless by Baker & Taylor is the new supplemental
E-book offering and allows a much more user friendly experience similar to Cloud
Library. No technical issues have been reported since launching October 1, however
since this is a supported app, updates will be rolled out as needed. Patrons will have
more options and potentially shorter wait times for holds since Boundless has the
ability to have more user licenses available. Simply-E was underutilized by patrons,
and the library expects Boundless to be a better patron experience. Board member
Joy Fulton Lee asked if Boundless would be replacing Cloud Library and Director
Pawlowski assured the board that it is a free supplemental addition to the library’s
digital offerings. Cloud Library will continue to be the library’s primary e -book
resource.
3e Discussion of Items for Future Agendas
No items for future agendas.
Colleyville Library Board Minutes October 14, 2024
City of Colleyville Page 3
4. REPORTS
4a Librarian's Report
A. Monthly Statistics
Director Pawlowski detailed the statistics were on track with previous years. Gate
count down due to no longer being a voting location, however statistics are similar
to previous non-voting numbers. 92,000 patron visits annually is statistically a
healthy number for the library, however program attendance down by 900. Youth
attendance has decreased in part due to GCISD offering free pre-k options that are
full day and five days per week. Emphasis on increasing teens, adults and seniors
will help to increase attendance, however not in the same large numbers as youth
programs. Circulation numbers are up over last year, by an increase of roughly
1,000. Volunteer statistics are down by 9%, seeing more adult volunteers than
teens. Board member Baum asked in what capacity the teens volunteered at the
library, and Director Pawlowski explained they typically shelve books, assist in
programs, help with crafts, and assist in the prize room during summer reading.
B. Donations
The Friends of the Colleyville Library donated funds for online subscriptions for the
GlowForge laser engraver and Cricut. Access to these subscriptions allow the staff
to utilize the equipment more efficiently to provide better material used for
programming.
C. Library Programs
Director Pawlowski discussed the decision to move up the fall programming by one
week (August 26) to better address attendance toward the end of the fall session.
Program attendance traditionally declined after the Thanksgiving holiday, so
adjusting the programming dates a week earlier and ending before Thanksgiving
should better retain attendance throughout the entire session. The library will be
offering holiday programs during the Thanksgiving break such as Family Storytime,
Family Movie, and Thanksgiving Crafts and Snacks. The programming session
change will be evaluated and adjusted as necessary next year. Family Glow in the
Dark Bingo is this Friday, October 18, a Halloween party will be on October 31 and
the Story Walk runs through October 31. The first two Teen Tuesdays were
successful, and Tarrant County Health hosted a Diabetes Prevention program for
adults. In December, the library is collaborating with the Colleyville Police
Department to provide an educational program regarding how to recognize and
prevent being scammed. Outreach efforts in September at the Colleyville Senior
Colleyville Library Board Minutes October 14, 2024
City of Colleyville Page 4
Center Health and Wellness Fair produced future collaboration with Ellery Arbor
Memory Care in Colleyville. Ellery Arbor would like to partner with the library to
provide Memory Kits for patrons and caregivers to check out in support of the
Alzheimer’s and Dementia community. Dina was representing the library at National
Night Out, and the library will be participating at the Harvest Festival trunk or treat.
Dina will also be representing the library at the Ellery Arbor Memory Care Trunk or
Treat, and at the City Tree Lighting in November. Board member Baum suggested
we share post-event pictures with the community to generate excitement for future
events, in addition to our upcoming announcements. The library is actively trying to
improve our visibility in the community.
4b Friends of the Colleyville Public Library Report
Merry Graves reported a $360 donation for the GlowForge and Cricut subscription
services. Book sale revenue generated for September was $68.50 and October was
$58.50. There are currently 12 members of the Friends of the Library and looking
for more. A large book fair is planned for December to increase revenue and
decrease inventory.
4c Colleyville Public Library Foundation Report
Denise Light indicated that about $1600 was raised through North Texas Giving Day,
which was slightly lower than anticipated. Board member Kay Newton thanked
Denise for acquiring the signage for the commemorative paintings in the library.
Recognition plaque is still in the works.
*Board member Al Cain was asked by a community citizen if the library had any
type of Artificial Intelligence training for older adults. Director Pawlowski
recommended the Book a Librarian service on the library website for assistance in
this area. Pawlowski discussed working with Kara Teeter to offer something with AI
and to inquire about a possible collaboration with Tarrant County College on the
subject. Wanda Cotter suggested opening possible volunteer opportunities for teens
to assist older adults with basic technology assistance.
Chair Skinner advised the next meeting will be on December 9, and concluded the
agenda was complete and requested a motion to adjourn.
5. ADJOURNMENT
A motion was made by Merry Graves and seconded by Wanda Cotter to adjourn the
meeting of the Colleyville Library Board at 6:45 p.m. The motion was approved
unanimously.
Colleyville Library Board Minutes October 14, 2024
City of Colleyville Page 5
APPROVED BY A VOTE OF _11_ AYES, _0_ NAYS, AND _0_ ABSTENTIONS ON THIS
THE _9th _ DAY OF _December 2024 ___.
Minutes taken and prepared by:
Dina Bayles
Library Outreach and Program Coordinator
City of Colleyville Page 1
CITY OF COLLEYVILLE
PLANNING AND ZONING
COMMISSION MINUTES
100 Main Street, Colleyville, Texas, 76034
TUESDAY, NOVEMBER 12, 2024
CALL MEETING TO ORDER
EXECUTIVE CONFERENCE ROOM
The City of Colleyville Planning and Zoning Commission Worksession Meeting was
called to order by Chair Bevill on November 12, 2024 at 6:15 p.m.
Roll Call
Present: David Groves, Richard Remley, Jerry Savoie, Jerome Obinabo, Brandon
Arnold, and Claudia Bevill
Absent: Sayeda Syed
Staff Present: Ben Bryner. Jacquelyn Reyff, Kristopher Potts, and Christopher
Pham
Also Present: Attorney, Sarah Ross, Fire Marshal, Rob Mckeown
City staff briefed the Commission on the items that would be presented on tonight’s
agenda. There was general discussion regarding the cases the commission would be
voting on at the public meeting.
Chair Bevill adjourned the Planning and Zoning Commission Worksession Meeting at
6:44 p.m.
Planning and Zoning Commission Minutes November 12, 2024
City of Colleyville Page 2
CALL MEETING TO ORDER
CITY COUNCIL CHAMBERS
The City of Colleyville Planning and Zoning Commission Meeting was called to order
by Chair Bevill on November 12, 2024, at 7:00 p.m.
Roll Call
Present: David Groves, Richard Remley, Jerry Savoie, Jerome Obinabo, Brandon
Arnold, and Claudia Bevill
Absent: Sayeda Syed
Staff Present: Ben Bryner, Jacquelyn Reyff, Kristopher Potts, and Christopher
Pham
Also Present: Attorney, Sarah Ross, Fire Marshal, Rob Mckeown
1. APPROVAL OF MINUTES
1a October 14, 2024 Planning and Zoning Commission Meeting Minutes
October 28, 2024 Planning and Zoning Commission Worksession
Meeting Minutes
Commissioner Savoie made a motion to approve the October 14, 2024
Planning and Zoning Commission Meeting Minutes and the October 28, 2024
Planning and Zoning Worksession meeting minutes.
Commissioner Groves seconded the motion.
The motion was carried by the following vote:
Aye: 6 – Groves, Obinabo, Remley, Arnold, Savoie, and Bevill
Nay: 0
Planning and Zoning Commission Minutes November 12, 2024
City of Colleyville Page 3
2. PUBLIC HEARING AGENDA ITEMS
2a Consideration of a Preliminary/Final Plat for the Oak Creek Subdivision, being
Lot 1, Block 1, Allzim Acres Addition and Tracts 2A7B, 2ABC, and 2A9A,
Abstract 533, Mary M Freeman Survey, located at 7209 John McCain Road
and 7215 John McCain Road, Case PC24-012
Christopher Pham presented case PC24-012 and briefed the Commission. The
property meets all R-40 zoning requirements, and the zoning change was recently
approved. Staff advised the commission we have received updated drainage plans
for this property as well.
Clayton Redinger, Southlake, TX, the applicant spoke to the commission and stated
he was available to answer any questions.
The commission did not have any questions for Mr. Redinger.
The public hearing was opened at 7:06 p.m.
Grady Walker, 7301 & 7309 John McCain Road, spoke in support of the case. Mr.
Walker spoke highly of the applicant and his efforts to clean up the land.
With no one else wishing to speak, the public hearing was closed at 7:08 p.m.
Commissioner Obinabo made a motion to approve Case PC24-012.
Commissioner Arnold seconded the motion.
The motion was carried by the following vote:
Aye: 6 – Groves, Obinabo, Remley, Arnold, Savoie, and Bevill
2b Consideration of a Preliminary/Final Plat for the Bluffs Subdivision, being
Tracts 1B1, 1B2, 1C1, and 1B3, Abstract 294, Robert Chowning Survey
and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900
Pool Road, Case PC24-013
Christopher Pham presented case PC24-013 and briefed the Commission. The
property meets all R-40 zoning requirements, and the zoning change was recently
approved.
Planning and Zoning Commission Minutes November 12, 2024
City of Colleyville Page 4
Clayton Redinger, Southlake, TX, the applicant spoke to the commission and stated
he was available to answer any questions.
There was discussion regarding the open space lots and the tree preservation
easement.
The public hearing was opened at 7:12 p.m.
Bob Egan, 2410 Twelve Oaks Lane, spoke in support of the case, thanking city staff
and the commission for their work on the property.
With no one else wishing to speak, the public hearing was closed at 7:14 p.m.
Vice-Chair Groves made a motion to approve Case PC24-013.
Commissioner Savoie seconded the motion.
The motion was carried by the following vote:
Aye: 6 – Groves, Obinabo, Remley, Arnold, Savoie, and Bevill
Nay:
2c Consideration of a Special Use Permit to allow for a fence on Lot 1, Block
1, Chelsea Park Addition, being located at 5000 Chelsea Drive, Case ZC24-
020
Kristopher Potts presented case ZC24-020 and briefed the Commission on the
request. There is an existing fence that has existed in the location of the proposed
fence, the applicant wishes to replace a wood fence with a new wood fence, being a
corner lot the wood material does not meet the land development codes 25% opaque
regulations. The SUP request is to allow the wood material instead of an opaque
material such as iron.
The applicant, Innocent Olengue, 5000 Chelsea Drive, addressed the Commission
and gave his reasoning for the SUP request.
The public hearing was opened at 7:18 p.m.
With no one wishing to speak, the public hearing was closed at 7:18 p.m.
Commissioner Obinabo made a motion to approve case ZC24-020.
Planning and Zoning Commission Minutes November 12, 2024
City of Colleyville Page 5
Vice-Chair Groves seconded the motion.
The motion was carried by the following vote:
Aye: 6 – Groves, Obinabo, Remley, Arnold, Savoie, and Bevill
Nay: 0
2d Consideration of a Rezoning from AG Agricultural to CC-1 Village Retail on
Lot 2, Block 1, First Baptist Church Addition, being located at 1007 Church
Street, Case ZC24-021
Kristopher Potts presented case ZC24-021 and briefed the Commission on the
rezoning request.
Zach Towery, 2504 Independence Road, the applicant, spoke on the case and stated
they would address any questions the commission may have.
The commission did not have any questions for the rezoning request.
The public hearing was opened at 7:24 p.m.
With no one wishing to speak, the public hearing was closed at 7:24 p.m.
Commissioner Arnold made a motion to approve case ZC24-021.
Commissioner Remley seconded the motion.
The motion was carried by the following vote:
Aye: 6 – Groves, Obinabo, Remley, Arnold, Savoie, and Bevill
Nay: 0 –
2e Consideration of a Special Use Permit to allow for a fence on Lot 16, Block
8, Oak Crest Hills Addition, being located at 405 Oak Valley Drive, Case
ZC24-022
Kristopher Potts presented case ZC24-022 and briefed the Commission on the SUP
request. This fence is already built as they did receive a permit in error from the
city. The fence does not meet the required side yard setback of 10 feet. The fence
currently sits roughly 3 feet off the property line, the applicant is requesting the SUP
Planning and Zoning Commission Minutes November 12, 2024
City of Colleyville Page 6
to allow the fence to remain in the current location.
Sam Hanna, P.O. Box 1603, Colleyville TX, the applicant spoke on the case and gave
their reasoning to allow the fence to remain. The property owner gave 18 feet of
ROW to the city which allows room for any future sidewalk improvements along
Bransford Rd.
The Commission had questions regarding a piece of fabric/vinyl material that was
placed over the fence to provide more privacy. This fabric being on the fence would
make the fence not meet the 25 % opaque regulation required by the code. Vice-
Chair Groves stated if the material was removed the fence would be allowed to stay;
if additional privacy is wanted the Commission asked the home owner to plant live
screening behind the fence.
Osama Hanna, 405 Oak Valley Drive, the property owner addressed the Commission
and stated he was willing to make those changes to the fence.
The public hearing was opened at 7:31 p.m.
With no one wishing to speak, the public hearing was closed at 7:31 p.m.
Commissioner Savoie made a motion to approve case ZC24-022 with the
condition that the vinyl material be removed from the fence, and if
additional privacy is wanted to install shrubs or plant material for
screening.
Vice-Chair Groves seconded the motion.
The motion was carried by the following vote:
Aye: 6 – Groves, Obinabo, Remley, Arnold, Savoie, and Bevill
Nay: 0 –
2f Consideration of a Special Use Permit to allow for a residential carport on
Lot 8, Block 1, Arbor Estates Addition, being located at 2401 Spruce Court,
Case ZC24-023
Jacquelyn Reyff presented case ZC24-023 and briefed the Commission on the
proposed carport. Specifically regarding the design of the carport and the city’s land
development code standards. This carport was built without a permit and does not
meet the majority of the city’s requirements.
Planning and Zoning Commission Minutes November 12, 2024
City of Colleyville Page 7
Joe Chiles, 2401 Spruce Court, the applicant, thanked the commission and city staff
for being here and their hard work. He stated he has served on commissions and he
understands what commissions do and go though. He apologized for building the
carport without a permit; He was unaware he needed one. He is aware the carport
is too large, too long, and too tall.
The applicant was confused by his plat which did show a 15 foot build line, hence
why he built it at that setback. He is more than willing to change the carport however
possible to get it approved, including modifications to the design to make it meet
code requirements.
The public hearing was opened at 7:41 p.m.
Keith Coburn, 5505 Sycamore Drive, spoke in opposition of the case. Mr. Coburn
had concerns with the carport stating we cannot know the structural integrity of the
carport as it was not permitted or inspected by City Staff.
Fred Mills, 5400 Linden Court, spoke in opposition of the case. Mr. Mills thanked the
commission for their efforts and work. There was discussion over this setting a
precedent in their neighborhood as this is the second carport they have seen
recently. There were also concerns over this carport not meeting city code.
Janet Suedmeier, 2301 Mulberry Court, spoke in opposition of the case. Mrs.
Suedmeier also had concerns about this setting a precedent in the neighborhood.
Mrs. Suedmeier also stated there has been an increase in crime lately, and open air
carports are not ideal as vehicles are more accessible than an enclosed garage.
Eric Holland, 5500 Sycamore Drive, spoke in support of the case. Mr. Holland stated
that Mr. Chiles has been making several upgrades to his property, all of which have
increased the aesthetic value of the property. He also stated that the carport is
mostly hidden behind the fence and that this could benefit the neighborhood by
removing cars that would otherwise be parked in the street.
Joe Chiles, 2401 Spruce Court, addressed the commission again thanking Eric
Holland for his kind words for his case. He stated he would do anything required by
the city to bring the carport into compliance. He is more than willing to bring it into
compliance but has stopped for the time being waiting on approvals before doing
any additional work.
With no one else wishing to speak, the public hearing was closed at 7:57 p.m.
There was discussion with the Commission that there was not malicious intent from
Planning and Zoning Commission Minutes November 12, 2024
City of Colleyville Page 8
the applicant and it was an honest mistake. It is deficient in so many ways that the
commission does not feel comfortable approving it as it stands. There are too many
deviations from the land development code regulations. There was also discussion
if the city would be able to verify structural integrity if the case was approved. Ben
Bryner stated our construction inspectors would inspect the structure and confirm
integrity if it were to be approved.
Vice-Chair Groves made a motion to deny case ZC24-023.
Commissioner Savoie seconded the motion.
The motion was carried by the following vote:
Aye: 6 – Groves, Obinabo, Remley, Arnold, Savoie, and Bevill
Nay: 0 -
Case ZC24-023 was denied 6-0
2g Consideration of an amendment to the Planned Unit Development -
Commercial district for The Village at Colleyville for consideration of a
specific use to be allowed on Lot 27 of the Village at Colleyville Addition,
being located at 55 Main Street, Suite 100, Case ZC24-024
Jacquelyn Reyff presented case ZC24-024 and briefed the Commission on the
currently allowed uses in the village per the existing PUD, and the proposed
amendment of allowing religious institutions within the PUD.
The commission asked if the applicant was present to answer a few questions, the
applicant was not present.
There was little discussion as the commission mainly had questions for the applicant.
The public hearing was opened at 8:08 p.m.
Janet Reed, 33 Main Street, spoke in opposition of the case. She specifically spoke
about how this could increase the need for parking within the village as it is already
limited.
Debbie Pilgrim, 33 Main Street, spoke in opposition of the case, specifically regarding
the entrance to the building, as it does not face a street and faces a walkway that is
mainly residential. People visiting the Prayer Room will be walking by residences at
Planning and Zoning Commission Minutes November 12, 2024
City of Colleyville Page 9
all hours according to the current hours of operation.
With no one else wishing to speak, the public hearing was closed at 8:14 p.m.
The Commission stated it doesn’t make sense for the city to deny occupancy to the
property due to parking as any business that would come into the village would be
required to use the same existing parking.
There was discussion amongst the commission about the applicant not being
present, therefore the commission would not be able to support this case without
the answers to their questions.
Commissioner Savoie made a motion to table case ZC24-024 to the
December 9th Planning and Zoning Commission meeting.
Vice-Chair Groves seconded the motion.
The motion was carried by the following vote:
Aye: 6 – Groves, Obinabo, Remley, Arnold, Savoie, and Bevill
Nay: 0
2h Consideration of a Special Use Permit for a reduction in Parking on Lot 1,
Block 1, Gonzalez Addition, being located at 6609 Colleyville Boulevard,
Case ZC24-026
Jacquelyn Reyff presented case ZC24-026 and briefed the Commission on the SUP
request for a parking reduction.
The applicants, Russell and Preston Motz, 605 Clariden Ranch Road, spoke about
their proposed business and provided an idea of how much parking would be
required. The business would be a private baseball training facility. They are not
anticipating requiring more than 9 people in the business at one point, and have
worked out an agreement with an adjacent developer to receive additional parking
in the future.
The public hearing was opened at 8:21 p.m.
Alka Mosy, 6607 Colleyville Boulevard did not wish to speak, but wanted to voice
her support for the case.
With no one wishing to speak, the public hearing was closed at 8:24 p.m.
Planning and Zoning Commission Minutes November 12, 2024
City of Colleyville Page 10
Commissioner Obinabo made a motion to approve case ZC24-024.
Commissioner Savoie seconded the motion.
The motion was carried by the following vote:
Aye: 6 – Groves, Obinabo, Remley, Arnold, Savoie and Bevill
Nay: 0 -
4. CITIZEN COMMENTS
The public forum opened at 8:25 p.m.
With no one wishing to speak, the public forum closed at 8:26 p.m.
5. ADJOURNMENT
The meeting adjourned at 8:26 p.m.
The minutes were written and prepared by:
Kristopher Potts
Kristopher Potts
Planner
The meeting minutes were approved on December 9, 2024 by a vote of 5-0.
City of Colleyville Page 1
CITY OF COLLEYVILLE
PLANNING AND ZONING
COMMISSION WORKSESSION
MINUTES
100 Main Street, Colleyville, Texas, 76034
NOVEMBER 25, 2024
CALL MEETING TO ORDER
EXECUTIVE CONFERENCE ROOM
The City of Colleyville Planning and Zoning Commission Worksession Meeting was
called to order by Chair Bevill on November 25, 2024, at 6:15 p.m.
Roll Call
Present: Claudia Bevill, David Groves, Richard Remley, Jerome Obinabo, and
Brandon Arnold
Absent: Sayeda Syed
Staff Present: Ben Bryner, Jacquelyn Reyff, Chris Pham, and Kris Potts
Also Present: Fire Marshal, Rob Mckeown, Attorney, Sarah Ross, and City Engineer
Larry Wright
2. WORKSESSION AGENDA ITMES
2a Presentation and discussion of a Replat for Lot 1, Block A, Alverson
Addition, being located at 605 Beverly Drive, Case PC24-014
Jacquelyn Reyff briefed the Commission on the proposed Replat. There was
discussion regarding why the plat was needed, and staff explained it is intended to
clean up property lines.
2b Presentation and discussion of an amendment to a Planned Unit
Development – Commercial Ordinance to allow for office and medical
office buildings, being Tract 1, Abstract 1154, R H McEwing Survey,
located at 8060 Precinct Line Road, Case ZC24-027
Planning and Zoning Commission Worksession
Minutes
November 25, 2024
City of Colleyville Page 2
Chris Pham briefed the Commission on the proposed PUD Amendment. There was
discussion regarding the existing home on the property and what the applicant
intends to do with the 2 existing buildings. There was also discussion regarding the
applicant’s request to lower the masonry requirement from 90% to 63%.
2c Presentation and discussion of a Special Use Permit to allow for a Daycare
Center on a portion of Lot 1, Block 1, Towne Center Animal Hospital,
located at 4313 Colleyville Boulevard, Case ZC24-028
Kris Potts briefed the Commission on the proposed Special Use Permit request. There
was discussion regarding the minimum distances required between a liquor store
located at the corner of Brown Trail and Colleyville Boulevard and the proposed
daycare. The commission had questions regarding ownership of the common Access
Easement and the proposed drive lanes connecting with nearby businesses.
2d Presentation and discussion of a change of zoning from AG Agricultural to
CC-1 Village Retail, being Tract 2P, Abstract 973, Absalom J Lott Survey,
located at 6312 Colleyville Boulevard, Case ZC24-029
Jacquelyn Reyff briefed the Commission on the rezoning request. There was
discussion regarding if there was a potential use and or tenant for the proposed
development yet. Larry Wright also spoke on the case regarding the drainage and
some of the development challenges that the property has; The Army Corps of
Engineers must be contacted to approve the work being done due to the blue line
stream stream going through the property.
3. ADJOURMENT
The meeting adjourned at 6:57 p.m.
The minutes were written and prepared by:
Kris Potts
Planner
The meeting minutes were approved on December 9th, 2024 by a vote of 5-0.
RESOLUTION R-24-5000
A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER
BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF
DECEMBER 17, 2024
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 17TH DAY OF
DECEMBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven Bobby Lindamood
City Secretary, TRMC Mayor