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Home My WebLink AboutCity Council-Agenda Packets-1/4/2000 X \\~ J",~ ,~ CO. ~~ ~ .j~ ')ty,/ ~J~ )4,~~o- crr(V. / \~ city of n~ Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD JANUARY 4,2000 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter 0 Sec. 551.071- Sec. 551.072- Sec. 551.072 - Sec. 551.072- Sec. 551.074 - Legal - Murray Construction lawsuit Property Acquisition - John McCain Road Property Acquisition - Colleyville Boulevard Property Acquisition - Hall-Johnson Road Personnel - The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of public officl3rs or employees, including the City Manager, City Secretary,' City Attorney, and City board and commission members. A complete list of the City boards and commissions is on file in the City Secretary's Office 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Bishopric Member Mike Beck, Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Presentation - Janet Houk, Retiree CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-00-1591- Consent Items: a. Approval of minutes of the regular City Council meeting of December 21, 1999 b. Approval of minutes of a City Council worksession held December 14, 1999 c. Approval of a bid award for a pickup truck to Philpott Motor Company in the amount of $19,999.96, to be used by the Engineering Department \ PUBLIC HEARINGS: ~l () 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1199 - Amending I( ~~ the water and wastewater system capital improvements plan and the imposition of impact fees / ~t\ 5. I\~ ~t~6. ~{O .~ l~7. ~f SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1200 - Authorizing the removal or trimming of trees, tree limbs or shrubs in or over street rights-of-way READING AND PUBLIC HEARING - Resolution R-00-1593 - Approval of authorizing the City Manager to proceed with condemnation of parcel number 17 on the Hall-Johnson Road project READING AND PUBLIC HEARING - Resolution R-00-1594 - Approval of authorizing the City Manager to proceed with condemnation of parcel number 11 on the Hall-Johnson Road project BLED ITEMS: 8~ CONSIDERATION OF ORDINANCE 0-99-1191 - A zoning change request by Tom ~tru Pritchett for Mark Gottfredson, from AG to PUD-R (plann~d u~it develop~ent- / ~ residential) on 21.63 acres located at the end of Pebble HIli Dnve, extending to 1\ ~ John McCain Road 10. ~ (~~ ~ 1. ~~ 9. CONSIDERATION OF ORDINANCE 0-99-1192 - A zoning change request by David Hannah, from PUD-R for a nursing home/assisted living center use to PUD-R for single family residential use on 11.958 acres located on the north side of Glade Road in the 1300 block CONSIDERATION OF ORDINANCE 0-99-1193 - A zoning change request by David Bagwell, from R20 to PUD-R (planned unit development-residential) on 50.424 acres located in the 800-1000 block of McDonwell School Road, north side of the street; and to consider amending Ordinance 0-99-1153 by including this property into the Glenwood PUD-R CONSIDERATION OF RESOLUTION R-99-1583 - Resolution R-99-1583 - Adopting the City of Colleyville Comprehensive Parks, Recreation and Open Space Master Plan REPORTS: 12. IMPACT FEE ADVISORY COMMITTEE MINUTES -11/29/99 ZONING BOARD OF ADJUSTMENT MINUTES -12/16/99 CITIZEN COMMENTS: 13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 14. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 4, 2000 - Reading and Public Hearing - Resolution R-00-1592 ADJOURNMENT: 15. ADJOURNMENT I certify that the above agenda was posted on the bulletin board at City Hall on December 30, 1999, at 4:30 p.m. ;J~ J n Harris, TRMC, CMC City Secretary If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 577- 7575, and reasonable accommodations will be made to assist you. AGENDA ITEM NO. J REGULAR MEETING OF THE COLLEYVILLE CITY COUNCIL EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551 , Subchapter 0 Sec. 551.071- Sec. 551.072 - Sec. 551.072 - Sec. 551.072- Sec. 551.074- MOTION SECOND Legal - Murray Construction lawsuit Property Acquisition - John McCain Road Property Acquisition - Colleyville Boulevard Property Acquisition - Hall-Johnson Road Personnel - The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City board and commission members. A complete list of the City boards and commissions is on file in the City Secretary's Office AYE NAY ABSTAIN ABSENT COUNCILMAN SHORT COUNCILMAN TAYLOR COUNCILMAN CARROLL MAYOR PRO TEM THIBODEAUX COUNCILMAN TIGUE MAYOR ARP CITY COUNCIL ca. city Of AGENDA BRIEFING llcg Texas Executive Session MEETING I AGENDA # 01/04/00 I~ DEPARTMENT: CITY COUNCIL SUBJECT: / I Januarv 04. 2000 Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074- Legal - Murray Construction lawsuit Property Acquisition - John McCain Road Property Acquisition - Colleyville Boulevard Property Acquisition - Hall-Johnson Road Personnel - The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City board and commission members. A complete list of the City boards and commissions is on file in the City Secretary's office. r~~. CITY MANAGER~ FINANCIAL REVIEW (IF NECESSARY) k-..... 0iI'lf2E..H ('J 11.) city of CITY COUNCIL ~I AGENDA BRIEFING TI~ TexaS DEPARTMENT: CITY COUNCIL SUBJECT: Correspondence, Reports, Announcements, Proclamations, or Presentations MEETING / AG~~J~ ". ;" 01/04/00 / _2. _.. ... . / / January 04. 2000 Presentation - Janet Houk, Retiree Janet has t:>een an employee of the City of Colleyville since August 20, 1979. She was hired as a Zoning Clerk for the Planning and Zoning Department (now Community Development). Janet held this position for approximately seven years. For a brief period of time she was responsible for both Zoning Clerk duties and Permit Clerk duties. In 1987 Janet moved to the Permit Clerk position. Janet has worked in several locations since 1979. She started out in the Pleasant Run School House, moved to the current City Hall location, then to the current Public Works facility, and finally to the portable buildings behind City Hall. Janet's retirement date was December 31, 1999. 1 / j~dM- f--J aJtAvy DEP;ARTMENT HEAD " c ~~'-~~ CI MANAGER FINANCIAL REVIEW (IF NECESSARY) ....,J61...:E...... ~.~. ~. ~,. --. . - . .' f I~ RESOLUTION R-00-1591 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JANUARY 04, 2000 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1: THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. THAT the minutes of the regular City Council meeting of December 21, 1999, are hereby approved. b. THAT the minutes of a City Council worksession held December 14, 1999, are hereby approved. c. THAT the bid award for a pickup truck to Philpott Motor Company in the amount of $19,999.96, to be used by the Engineering Department, is hereby approved. AND IT IS SO RESOLVED. Passed by a vote of ayes, of ,2000. nays, and abstentions on the day ArrEST: CITY OF COLLEYVILLE Jean Harris, TRMC, CMC City Secretary Donna Arp Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING DECEMBER 21,1999 The regular meeting of the Colleyville City Council was called to order by Mayor Arp on December 21, 1999, at 6:50 p.m. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Frank Carroll, Ginny Tigue, and Mayor Pro Tem Nelson Thibodeaux were present. Mayor Donna Arp, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Financial Analyst Ken Kolsti, Director of Public Services Bob Whitehead, Community Development Manager Barry LeBaron, Economic Development Manager Mike Soab, Development Coordinator Clayton Husband, Public Works Manager Randy Brown, Police Chief John Young, Fire Chief Mike Johnston, City Attorney Ross Foster, and City Secretary Jean Harris were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071- Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074- Legal - Murray Construction lawsuit Property Acquisition - John McCain Road Property Acquisition - Colleyville Boulevard Property Acquisition - Hall-Johnson Road Personnel - The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City board and commission members. A complete list of the City boards and commissions is on file in the City Secretary's Office Mayor Arp explained that the Executive Session had been called in accordance with Texas Government Code Chapter 551, Subchapter 0, Section 551.071 - Legal, Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:52 p.m., and reconvened at 7:33 p.m. CITY COUNCIL MINUTES DECEMBER 21, 1999 The invocation was given by Sister Dorothy Eggering, Good Shepherd Catholic Community Church, after which Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS There were no reports given. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-99-1579- Consent Items: a. Approval of minutes of the regular City Council meeting of December 7, 1999 b. Approval of minutes of a City Council worksession held November 29,1999 c. Approval of minutes of a City Council worksession held December 1, 1999 d. Approval of a City/Developer Agreement with Monterra e. Approval of an engineering contract with Freese and Nichols, Inc., for City Hall Infrastructure Improvements in an amount not to exceed $125,200 f. Approval of annual broker/dealer firms for investment purchases Mayor Arp opened the public hearing and read Resolution R-99-1579 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Tigue moved to approve Resolution R-99-1579. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 2 CITY COUNCIL MINUTES DECEMBER 21, 1999 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1190 - A zoning change request by Akber & Aziz Manji, from AG to R20 on .89 acres located on the northeast corner of Glade Road and Pool Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1190. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-99-1190. Councilman Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1191 - A zoning change request by Tom Pritchett for Mark Gottfredson, from AG to PUD-R (planned unit development-residential) on 21.63 acres located at the end of Pebble Hill Drive, extending to John McCain Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1191. Mr. Lance Brown, 7302 Pebble Hill Drive, spoke regarding the option of installing a "grass road" next to the legal roadway for use by emergency vehicles. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Ordinance 0-99-1191, with the following changes: 1) That all houses be required to have an automatic fire sprinkler system 2) That there be no requirement for a secondary entrance 3) That a 7' wall or an 8' wall of hand laid brick be installed at the election of the Homeowner's Association 3 CITY COUNCIL MINUTES DECEMBER 21, 1999 Councilman Tigue seconded the motion and offered an amendment to include additional fire hydrants be installed in appropriate locations on the cul-de-sac. Councilman Carroll accepted the amendment. Discussion ensued regarding the street location. Ayes: Councilpersons Carroll and Tigue Nays: Councilpersons Short, Taylor, and Mayor Pro Tem Thibodeaux Mayor Arp declared the motion denied Discussion ensued regarding the waiver of the secondary entrance and tabling the issue. Mayor Pro Tem Thibodeaux moved to table Ordinance 0-99-1191, as written. Councilman Short seconded the motion. Discussion ensued regarding the agreement with the Pebble Hill HOA. Ayes: Councilpersons Short, Taylor, Tigue, and Mayor Pro Tem Thibodeaux Nays: Councilman Carroll Mayor Arp declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1192 - A zoning change request by David Hannah, from PUD-R for a nursing home/assisted living center use to PUD-R for single family residential use on 11.958 acres located on the north side of Glade Road in the 1300 block Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1192. There was no one present wishing to speak conceming this item and Mayor Arp closed the public hearing. Mr. David Hannah, 3401 Amherst Circle, applicant, was present to answer questions of the Council. 4 CITY COUNCIL MINUTES DECEMBER 21, 1999 Discussion ensued regarding the location of the police/courts building in regard to this proposed development, the percentage of commercial property available, and staff's recommendation to deny. Councilman Carroll moved to deny without prejudice, Ordinance 0-99-1192, allowing the applicant to bring the proposal back to Council prior to the 12-month time limit. Councilman Taylor seconded the motion. Discussion ensued regarding the mixing of residential and commercial zoning, moving the residential to the front of the property, current zoning of the property, selling points, lot sizes, provisions of the Master Plan, comparison to the Villa's at Caldwell's Creek, setting precedence, rear building line, and tabling the ordinance. Councilman Taylor withdrew his second to the motion. The motion died for lack of a second. Councilman Taylor moved to table Ordinance 0-99-1192. Mayor Pro Tem Thibodeaux seconded the motion. Discussion ensued regarding the timing of the proposed development. Ayes: Councilpersons Short, Taylor, Tigue, and Mayor Pro Tem Thibodeaux Nays: Carroll Mayor Arp declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1193 - A zoning change request by David Bagwell, from R20 to PUD-R (planned unit development- residential) on 50.424 acres located in the 800-1000 block of McDonwell School Road, north side of the street; and to consider amending Ordinance 0-99-1153 by including this property into the Glenwood PUD-R Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1193. 5 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ms. Christine Glaser, 106 Van Buren Court, Mr. Pat Davis, 104 Van Buren Court, Mr. Lance Brown, 7302 Pebble Hill Drive, representing the Pebble Hills HOA, Ms. Joan Quinn, 6817 Pleasant Run Road, Mr. Tim Meadows, 6901 Pleasant Run Road, Mr. Earl Swift, 207 Virginia Square, Mr. Fred Taylor, 7103 Monticello Parkway, Mr. Jeff Byerly, 7109 Pebble Hill, Mr. Andrew Gilbert, 7906 Jefferson Circle, Mr. Dennis Marlin, 7101 Pleasant Run Road, Mr. Rich Munson, 1905 Hall-Johnson Road, Mr. AI Zim, 7204 John McCain Road, Mr. Frank Genco, 1104 John McCain Road, Mr. Brent Gill, 107 Williamsburg Court, Ms. Beth Battles, 101 John McCain Road, Ms. Toni Oyler, 101 Van Buren Court, Mr. Jim Nadeau, 7605 Leesburg Drive, and Mr. Jud Heflin, 104 Williamsburg Court, spoke in opposition to the proposed thoroughfare. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding tabling this item and working with the developer to make changes to the proposed ordinance, notification procedures, the proposed 70' right-of-way, the configuration of the proposed street, and the location of the subdivision within the Keller Independent School District. Councilman Taylor moved to table Ordinance 0-99-1193. Councilman Short seconded the motion. Mayor Pro Tem Thibodeaux moved to amend the motion removing the portion of the Ordinance that relates to a connecting roadway between McDonwell School Road and John McCain Road. Councilman Taylor did not accept the amendment offered by Mayor Pro Tem Thibodeaux. Councilman Short moved to amend the motion with the plan being brought back with the removal of the 70' right-of-way as is currently shown in Exhibit D. Councilman Taylor accepted the amendment. Mayor Pro T em Thibodeaux suggested an amendment to the motion to use the proposed connector for emergency access only. Councilman Taylor neither accepted nor rejected the suggested amendment. 6 CITY COUNCIL MINUTES DECEMBER 21, 1999 Councilman Tigue moved to amend the motion to remove Section F of the proposed Ordinance. Councilman Taylor neither accepted nor rejected the amendment to the motion. The vote on the motion to table the Ordinance with the developer coming back with a reconfigured circuitous street was as follows. Ayes: Councilpersons Taylor and Short Nays: Councilpersons Carroll, Tigue, and Mayor Pro Tem Thibodeaux Mayor Arp declared the motion failed. Mayor Pro T em Thibodeaux moved to table Ordinance 0-99-1193, with changes to Section 4F, indicating that there be no connector road from McDonwell School Road to John McCain Road. Councilman Tigue seconded the motion. Discussion ensued regarding turn lanes and improvements to John McCain Road. Ayes..: councilPerson~ Tigue, and Mayor Pro Tem Thibodeaux N s: counCilPerson~ and Short yor Arp declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1194 - A Special Use Permit for a carport at 6112 Bettinger, A1177, TR1A2, requested by John Gaston Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1194. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Tigue moved to approve Ordinance 0-99-1194. Councilman Carroll seconded the motion. 7 CITY COUNCIL MINUTES DECEMBER 21,1999 Discussion ensued regarding the City's ordinance provisions and the lack of opposition expressed by neighbors. Ayes: Councilpersons Tigue, Short, Carroll, and Mayor Pro Tem Thibodeaux Nays: Councilman Taylor Mayor Arp declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1195 - A Special Use Permit for a carport at 3601 San Bar, requested by Rodney John for Joy Rodger Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1195. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Ordinance 0-99-1195. Councilman Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 10. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1196 - Approval of amendments to Ordinance 0-99-1175, authorizing supplemental appropriations for the FYOO General Fund Budget Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1196. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Ordinance 0-99-1196. Councilman Taylor seconded the motion. 8 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 11. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1197 - Amending the Colleyville Crime Control and Prevention District (CCCPD) program funding levels as established by Ordinance 0-99-1168 Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1197. There was no one present wishing to speak conceming this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-99-1197. Councilman Carroll seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 12. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1198 - An amendment to the Master Thoroughfare Plan Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1198. Mr. Marty Statduhar, 101 Williamsburg Court, Mr. Fred Ballinger, 304 W. Bandit Trail, Mr. Rich Munson, 1905 Hall-Johnson Road, Mr. Andrew Gizbert, 7906 Jefferson Circle, and Mr. Frank Genco, 1104 John McCain Road spoke in opposition. There were no others wishing to speak conceming this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Ordinance 0-99-1198. Councilman Taylor seconded the motion. 9 CITY COUNCIL MINUTES DECEMBER 21, 1999 Discussion ensued regarding the right-of-way and pavement standards, the deletion of all references to John McCain Road, narrow parkways along some streets, landscaping, and preservi ng rights-of-way. Councilman Short offered an amendment to the Ordinance, changing the minor collectors from 70 to 75 feet right-of-way width, changing the minor arterial/major collector from 70 to 80 feet right-of-way width, and changing the minor arterial/major collector from 90 to 95 feet right-of-way width. Councilman Carroll and Councilman Taylor accepted the amendment offered by Councilman Short. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 13. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1199 - Amending the water and wastewater system capital improvements plan and. the imposition of impact fees Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1199. There was no one present wishing to speak conceming this item and Mayor Arp closed the public hearing. 14. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1200 - Authorizing the removal or trimming of trees, tree limbs or shrubs in or over street rights-of-way Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1200. Ms. Dee Barker, 2200 Oak Knoll, spoke regarding this ordinance being selectively enforced, depending on the street. Mr. Rich Munson, 1905 Hall-Johnson Road, spoke in opposition to the proposed Ordinance. 10 CITY COUNCIL MINUTES DECEMBER 21, 1999 There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. 15. READING AND PUBLIC HEARING - Resolution R-99-1581 - Approving a waiver of perimeter street improvement requirements, a request of Burk Collins for Bear Creek Plantation at 1312 John McCain Road Mayor Arp opened the public hearing and read Resolution R-99-1581 in its entirety. Mr. Burk Collins, 1312 John McCain Road, applicant, was present to answer questions of the Council. Discussion ensued regarding the size of the lot. Councilman Tigue moved to approve Resolution R-99-1581. Mayor Pro Tem Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-99-1582 - Approving a waiver of perimeter street improvement requirements, a request of Paul Millsay for the Greer Addition at the southwest comer of Glade Road and Jim Mitchell Trail West Mayor Arp opened the public hearing and read Resolution R-99-1582 in its entirety. Ms. JoEllen Greer, 4904 Jim Mitchell Trail West, applicant, was present to answer questions of the Council. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to deny Resolution R-99-1582 without prejudice. Councilman Short seconded the motion. 11 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-99-1583 - Adopting the City of Colleyville Comprehensive Parks, Recreation and Open Space Master Plan Mayor Arp opened the public hearing and read Resolution R-99-1583 in its entirety. There was no one present wishing to speak conceming this item and Mayor Arp closed the public hearing. Councilman Carroll moved to table Resolution R-99-1583. Mayor Pro Tem Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 18. READING AND PUBLIC HEARING - Resolution R-99-1584 - Supporting the goals of the Clean Cities 2000 Program and authorizing submittal of Clean Cities 2000 application Mayor Arp opened the public hearing and read Resolution R-99-1584 in its entirety. There was no one present wishing to speak conceming this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Resolution R-99-1584. Councilman Tigue seconded the motion. 12 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 19. READING AND PUBLIC HEARING - Resolution R-99-1585 - Authorizing the City Manager to sign deeds and accept donations of property for City Hall and entry road to City Hall Mayor Arp opened the public hearing and read Resolution R-99-1585 in its entirety. Mr. Rich Munson, 1905 Hall-Johnson Road, raised questions regarding the City purchasing property and the appraisal of the property. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Tigue moved to approve Resolution R-99-1585. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 20. READING AND PUBLIC HEARING - Resolution R-99-1586 - Approving a tax increment financing agreement with Village Monticello Partners, LTD. Mayor Arp opened the public hearing and read Resolution R-99-1586 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Resolution R-99-1586. Councilman Taylor seconded the motion. 13 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 21. READING AND PUBLIC HEARING - Resolution R-99-1587 - Approving a contract award to GTE Southwest in the amount of $114,948 for Police Department mobile computer hardware/software Mayor Arp opened the public hearing and read Resolution R-99-1587 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-99-1587. Mayor Pro Tem Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 22. READING AND PUBLIC HEARING - Resolution R-99-1588 - Accepting the Annual Audit for Fiscal Year 1998-99 Mayor Arp opened the public hearing and read Resolution R-99-1588 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Finance Director Terry Leake introduced Mr. Jerry Gaither of Weaver and Tidwell. Mr. Gaither gave a brief overview of the audit process. Councilman Taylor moved to approve Resolution R-99-1588. Mayor Pro Tem Thibodeaux seconded the motion. 14 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 23. READING AND PUBLIC HEARING - Resolution R-99-1589 - Authorizing the City Manager to proceed with condemnation of property on John McCain Road Mayor Arp opened the public hearing and read Resolution R-99-1589 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-99-1589. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 24. READING AND PUBLIC HEARING - Resolution R-99-1590 - Supporting improvements to State Highway 114 and 121 Corridor Mayor Arp opened the public hearing and read Resolution R-99-1590 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-99-1590. Councilman Tigue seconded the motion. Discussion ensued regarding access to S. H. 26 and the impact on Colleyville. 15 CITY COUNCIL MINUTES DECEMBER 21, 1999 sJ\ ~YAyes: hort, Taylor, Tigue, an ~~ays. I , rJ Mayor Arp declared the motion carried. STAFF REPORTS: 25. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 26. PLANNING AND ZONING COMMISSION MINUTES - 12/13/99 There was no action taken on this item. CITIZEN COMMENTS: 27. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 28. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 21,1999 - Reading and Public Hearing - Resolution R-99-1580 This Resolution was not needed. ADJOURNMENT: 29. ADJOURNMENT There being no further business before the City Council, Councilman Carroll moved to adjourn. Mayor Pro T em Thibodeaux seconded the motion. 16 CITY COUNCIL MINUTES DECEMBER 21. 1999 Ayes: Councilpersons Short. Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux . Nays: None Mayor Arp declared the meeting adjourned at 11 :30 p.m. APPROVED THIS DAY OF AYES, NAYS, AND ABSTENTIONS. Minutes taken and prepared by: Jean Harris, TRMC, CMC City Secretary 17 , 2000, BY A VOTE OF MINUTES OF THE COLLEYV!LLE C!TY COUNCIL WORKSESS!ON DECEMBER 14,1999 The worksession of the Colleyville City Council was called to order by Mayor Pro Tem Nelson Thibodeaux on December 14. 1999. at 8:30 a.m. ROLL CALL: Councilpersons Jody Short, Mike Taylor. Frank Carroll. Ginny Tigue, and Mayor Pro Tem Nelson Thibodeaux were present. City Manager Bob Stripling. Assistant City Manager Dianne McWethy. Director of Public Services Bob Whitehead. Community Development Manager Barry LeBaron. Project Manager Keith Fisher. Economic Development Manager Mike Soab. City Secretary Jean Harris. and representatives from the firm of Brinkley Sargent were also present. Mayor Donna Arp was absent. The City Council. Staff, and representatives of Brinkley Sargent left Colleyville City Hall at approximately 8:40 a.m., toured the City Halls of Hurst. North Richland Hills. Carrollton, Farmers Branch. and Grapevine. Upon completion of the tours. the City Council. Staff, and representatives of Brinkley Sargent returned to Colleyville City Hall at approximately 5: 15 p. m. APPROVED THIS AYES, NAYS, AND DAY OF ABSTENTIONS. , 2000. BY A VOTE OF Minutes taken and prepared by: Jean Harris, TRMC, CMC City Secretary City Uf AGENDA BRIEFI~G CITY COU~CIL COo ';I~ w(~ TexaS DEPARTMENT: SUBJECT: MEETING I AGC.'C'.'\ :: 1/4/00 / --3C--- _ PUBLIC SERVICES Resolution R-00-1591- Approval of bid award for one Engineering Pickup Truck to Philpott Motor Company in the amount of $19,999.96 - by Consent / l j ./ '] i I I : / ( I I I I I I January 4. 2000 Reading and Public Hearing - Resolution R-OO-1591 - by Consent Backqround This vehicle is to replace a 1990 Ford Ranger with 98,568 miles of use. Engineering is proposing a larger vehicle to meet the need for off road use and ability to carry more equipment and plans. Vehicles may be purchased by bids or through an interlocal agreement with an agency that has bid the vehicle according to state law. Engineering is proposing to use the Houston-Galveston Area Consortium (H-GAC) bid prices for this purchase. The vehicle recommended is a 2000 Ford F150 Super Cab V8 for a cost of $19,999.96. Financial Funds in the amount of $20,000 were appropriated in the Supplemental Budget approved on December 21, 1999. Recommendation Recommend the City Council authorize the purchase of one 2000 Ford F150 Super Cab V8 from Philpott Motor Company for the amount of $19,999.96. /'--J /;' / /. ' t 5f<-j!2;:t2-tiu-rL DEPARTMENT HEAD r~ ~.J-~. ITV MANAGER ~ FIN I L REVIEW (IF NECESSARY) FRCl"i : PHILPOTT"FLEET PHONE NO. 9564129199 Nov. 16 1999 05:04PM Pi .. ~ Phil\:lott Motor Company GOVERNMENT and COM:rvfERCIAL SALES 1400 U.S. Highway 69 Nederland. TX 77627 Maiting Address P.O. Box m POIt Ncchcs. TX 77651 409-727-1451'Fax:409.727-8739 11- !6~c;f CW!J> 51fU47 o/Q Co{(op,/fe g'/? 511---15b2 ALAN WILEY S11- 758J TOIL-FREE: (888) 858-7801 FAX: (956) 412-9199 #OF PAGES: 2 MESSAGE:_ 1-1- - G~ f12~k A ~ I2fJLlI/ V; ~ 60-[0 /31/ DATE: TO: FAX#: FROM: AX A COpy OF YOUR H-GAC PURCHASE ORDER TO RON Wll..LIAMSON AT (713 993-4548) AND mEN CALL RON AT (713) 993-2410 TO CONFIRM HIS RECEIPT OF YOUR PURCHASE ORDER. r A"LEASE FAX A COpy OF YOUR H-GAC PURCHASE ORDER TO ME AT V (956) 412-9199 SO THAT I CAN GET YOUR ORDER INTO OUR SYSTEM NOTE: FULL PAYMENT DUE WITHIN 10 DAYS AFTER RECEIYf OF VEHICLE(S). NOTE: WE MUST HAVE YOUR FORD FACTORY IDENTIFICATION #. IF YOU DO NOT HAVE THIS #, PLEASE CALL 800 343-533~ PRESS OPTION #1 AND ASK THEM FOR YOUR FLEET ID ;; AND THEN PLEASE CALL ME AT 888858-7801 AND GIVE ME YOUR FIN CODE SO THAT WE CAN ACTIVATE YOUR FACTORY WARRANTY ON YOUR VEHICLE(s) THA1\T}( YOU FOR YOUR KIND CONSIDERA nON AND BUSINESS "A Tradition Since 1950" FROh PHI LPOTT" FLEET PHONE NO. 9564129199 Nov. 15 1999 05:04PM P2 ~ ...: , VE CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT . I c:.,.=T-'VEr'7_~ J Eod U~, C Y 6 r Ccii.n 7/)' rf.p . Product DescripliQn: j2 Of)o ~ Fr)O ~ ~ liS/' 5'4dI Bid Serlf$ Y LIs:;. 6cp 1 ' Sid Serlf$ land Base Prlc:e In BldlProposal s I~~,k~ \ B; Published Oolioqs (Itemize Qcb Item below1 CODE OPTIoNS H.GAC Bid PRICE CODE OPTIONS H-CAe Bid PRICE 5'12- PF;x (01\. tit s / 1 hl(. {l/ s 4-CfU 14~ '~fil S C 'lO ((.tI s ftc 5?ME {( '72E S / bJ..-a s s s s s . s s s s s s Total Publi$hed OpliUM S B;lS@ Bid Price T"I..I B C. tfnpubli$hlld Opli.lns [rc..mize t!ilC:h. itt,m bell",-. nul tn exceed ;: 25'c S;;; 'lc s;j:J.-L( S Y s s s Tulal C l!npubll.~hrd OpU"ns added tn 8;tse Price s o. ("ntract PrlC1: Adjustment (Ie "a~.. nplllin here) s E. DdiVtry Ch:1rgo:s nr .n~, "'phaln here] s f. Tubl ur B... (... D ~ E = f QUlolntitv Ordered {lJniu,L x fJ ;;:> H.G,\C Aclminlstrath'l< F'~ [Frllm F"" Schedule. Tab!.: ~_> s G. s H. s I: N"n.E~uipmt:nt Charges & Cre<iII$(Exl. \~',.rranty. Trade.in~} s s /19fffG J TOTAl PURCH.\SE PRICE I1"Cll'O'~G H-GAC fEr ...................... Cuy Of CITY COUNCIL CO, AGENDA BRIEFING n~ Texas DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Ordinance 0-99-1199 - Amending the Water and Wastewater System Capital Improvements Plan and imposition of impact fees. MEETING / AGENDA # 01/04/00 / 4 12/21/99 / / January 04.2000 Second Reading and Public Hearing - Ordinance 0-99-1199 December 21.1999 First Reading and Public Hearing - Ordinance 0-99-1199 Cities adopt impact fee ordinances to collect fees from new developments to help pay for the expansion of their water and sewer systems to meet the demands the additional development places on their utility systems. Impact fees in Colleyvilleare assessed and collected against new development whenever a building permit is issued for a new structure that has an "impact" on the water or sewer system by requiring a new or larger water or sewer service. State impact fee regulations require municipalities that impose impact fees to update their Capital Improvements Plans (CIP) every three years. The purpose of the periodic update is to provide for regular reviews of the criteria used to calculate impact fees so that the impact fee charges accurately reflect the estimated costs of making the capital improvements outlined in the CIP. Earlier in November, the City Council was provided with a copy of the Collevville Water and Wastewater System Capital Improvements Plan prepared by the firm of Kimley-Horn and Associates located in Fort Worth. The Capital Improvements Plan identifies all of the system improvements required to meet the water and sewer needs associated with new development that is anticipated over the next ten year period and provides cost estimates for making those improvements. The costs for making the required ten-year water system improvements are estimated to be $8,159,000. When this cost estimate is factored into the calculation based on the future land use assumptions and future population estimates, the maximum impact fee that could be assessed for a 1-inch water meter is $3,581 (the normal minimum size used in Colleyville). AJ'---- ' c~~ FINANCIAL REVIEW (IF NECESSARY) '"''''~2e..t'4 (v \ 1(, Agenda Briefing 0-99-1199 Page 2 of 3 The costs for making the improvements to the sewage collection system required by new development over the next ten years are estimated at $583,734. Since wastewater impact fees are based on the size of the water meter and not the size of the sewer tap, the maximum wastewater impact fee that could be assessed for a customer using a 1-inch water meter could be $256. The City Council may elect to set the "actual collection percentage rate" at 100% of the maximum allowed or choose a lower percentage rate that is more in line with the impact fees charged by our neighboring communities. Listed in the table below is a comparison of impact fees actually charged by a few of the neighboring cities surveyed. The City of Fort Worth provides Hurst and North Richland Hills with water and sewer services and their impact fee charges include Fort Worth's impact fees. Comparison of Impact fees of Selected Area Cities ( based on Typical '/.." residential water meter) City Colleyville ( current actual) Colleyville ( new max. %" meter) Colleyville (new max. 1" meter) Bedford Euless Grapevine Hurst Keller N. Richland Hills Southlake Water Impact Fee ...._....,.........~.................,..._...... $ 816.00 $ 2,507.00 $ 3,581.00 $ 0 (1) $ 1,337.00 $ 1,148.00 $ 990.00 (2) $1,125.00 $ 700.07 (4) $ 1,450.00 Sewer Impact Fee .......~...._...._....................................._.. $ 51.00 $ 179.00 $ 256.00 $ 0 (l) $ 92.00 $ 478.00 $ 689.00 (3) $ 938.00 $ 731.10 (5) $ 900.00 Total Date Impact Of .........f_~~~....._.___m~~~P~i~.~.m.. $ 867.00 9/95 $ 2,686.00 $ 3,837.00 $ 0 $ 1,429.00 $ 1,626.00 $ 1,679.00 $ 2,063.00 $ 1,431.00 $ 2,350.00 4/99 4/98 1 0/99 5/94 10/99 6/96 (1) Bedford is 95% built out and does not collect impact fees (2) Hurst $ 618 + FW $ 372 = $ 990 (3) Hurst $ 235 + FW $ 454 = $ 689 (4) NRH $ 488 + FW $ 212.07 = $ 700.07 (5) NRH $ 277.50 + FW $ 453.60 = $ 731.10 According to State law, written comments must be forwarded to the City Council from the Capital Improvements Advisory Committee regarding the CIP and the proposed impact fees no later than five business days before the City Council public hearing. Attached is a copy of a letter signed by the chairman of the Capital Improvements Advisory Committee which summarizes the actions taken by the committee at its November 29, 1999 meeting. The committee is recommending an actual collection rate of 40% for water impact fees and 100% for wastewater impact fees. It was the committee's opinion that the 40% level for the City of Colleyville water impact fees would be more in line with the surrounding cities. The 100% rate was recommended because the actual dollar amount was not so great as Agenda Briefing 0-99-1199 Page 3 of 3 to hinder future development. The following is the recommendation of the Capital Improvements Advisory Committee which has been incorporated into the proposed Ordinance 0-99-1199. A. The actual Water Impact Fee Collection Rate shall be 40% of the maximum allowed by this ordinance. B. The actual Wastewater Impact Fee Collection Rate shall be 100% of the maximum allowed by this ordinance. C. The actual assessed Water and Wastewater Impact Fees Collected shall be in accordance with the following table. Actual Impact Fees to be Collected Actual Actual Total Water WastewatElr Impact Fees, Meter Type Meter Size Impact Fee Impact Fel~ To Be Collectl~d Collected Collected Simple 3/4" , $ 1,003 $ 179 $ 1,182 Simple 1" $ 1 ,432 $ 256 $ 1,688 Simple ! 1-1/2" $ 2,865 i $ 512 ! $ 3,377 Simple, Compound I 2" I $ 4,584 $ 819 I $ 5,403 Turbine 2" $ 5,730 $ 1,024 $ 6,754 Compound , 3" $ 8,596 $ 1.536 $ 10,132 Turbine 3" $ 10,028 $ 1,792 ! $ 11 ,820 Compound 4" $ 14,326 $ 2,560 $ 16,886 Turbine 4" $ 17,191 I $ 3,072 $ 20,263 Compound 6" $ 28,652 $ 5,120 $ 33,772 Turbine 6" $ 35,814 $ 6,400 $ 42,214 Turbine 8" $ 51,573 $ 9,216 $ 60,789 Turbine 10" $ 83,090 i $ 14,848 $ 97,938 Turbine 12" $ 123,202 $ 22,016 $ 145,218 Attached is a proposed schedule of events required by the Local Government Code for cities revising their Capital Improvements Plans and adopting new Impact Fees. Recommendation Approval of Ordinance 0-99-1199 to amend the Water and Wastewater CIP and impose Impact Fees. City 01 texas December 13, 1999 Mayor and City Council City of Colleyville 5400 Bransford Road Colleyville, TX 76034 Honorable Mayor and City Council Members, The Capital Improvements Advisory Committee for the City of Colleyville met on November 29, 1999 to consider revisions to the water and wastewater impact fee structure. The Committee reviewed the Water and Wastewater System Capital Improvements Plan and Impact Fee . Update for the City of Colleyville, Texas study prepared by Kimley-Hom and Associates in March 1999. The Committee recommends the following impact fee rates to the City Council. · Water impact fees - 40% of maximum collectable · Wastewater impact fees -100% of maximum collectable This letter serves as the written comments to the Council, as required by Chapter 395, Texas Local Govemment Code. Respectfully submitted, TaM \.\..,a. " ~4:,ct Tom Hart, Chair Capital Improvements Advisory Committee P.O. BOX 185 cOLLEYVILLE, TEXAS 76034 (817) 577-7575 Step Number Event Timing Purpose of Event Event Date 1 At a regular meeting of the City City Council adopts order setting a public hearing date to discuss Completed Council adoption of the land use assumptions. Not more than 60 days and not less Publish first notice of public hearing on land use assumptions. 2 than 31 days prior to date of public Notices published once a week for three consecutive weeks. Completed hearing. 3 On or before the first notice of public Land use assumptions must be made available to the public on Completed hearing on land use assumptions. this date. Before the 30th day before the public Send notice of public hearing on land use assumptions at least 31 4 days prior to the hearing to any person who has requested notice in Completed hearing on land use assumptions. writing within last two years. 5 One week after step 2. Publish second notice of public hearing on land use assumptions. Completed 6 One week after step 5. Publish third notice of public hearing on land use assumptions. Completed On the public hearing date that has City Council conducts public hearing on land use assumptions and 7 been advertised and at a regular City within 30 days of the public hearing adopts land use assumptions. Completed Council meeting. S Develop the capital improvements plan City Council authorizes for a capital improvements plan to be Completed if not already completed. developed by a qualified professional. On completion of the capital City Council adopts order setting a public hearing date to discuss 9 improvements plan. adoption of the capital improvements plan and imposition of the 11/16/1999 impact fee. 10 Not more than 60 days prior to date of Publish first notice of City Council public hearing on capital 11/17/1999 public hearing. improvements plan and impact fees. On or before the first notice of public 11 hearing on the capital improvements Capital improvements plan made available to the public. 11/17/1999 plan. Before the 30th day before the public Send notice of City Council public hearing at least 31 days prior to 12 hearing on the capital improvements the hearing to any person who has requested notice in writing within 11/17/1999 plan and impact fee. last two years. . 13 One week after publishing first notice Publish second notice of City Council public hearing on capital 11/24/1999 of public hearing. improvements plan and impact fees. At least 6 business days prior to the CIAC reviews capital improvements plan and proposed impact fee 14 City Council public hearing on the and submits written comments to City Council before the fifth 11/29/1999 capital improvements plan. business day before the date of the public hearing. 15 One week after publishing second Publish third notice of City Council public hearing on capital 12/01/1999 notice of public hearing. improvements plan and impact fees. On the public hearing date that has City Council conducts first public hearing to discuss the capital 16 been advertised and at a regular City 12/21/1999 Council meeting. improvements plan and proposed impact fees. On the public hearing date that has City Council conducts second public hearing and within 30 days of 17 been advertised and at a regular City the first public hearing adopts capital improvements plan and 01/04/2000 Council meeting. imposes impact fees. Water and Wastewater Event Schedule City of Colleyville (Final) 12/15/1999 ORDINANCE 0-99-1199 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING ORDINANCE 0-95-1004, THE WATER, WASTEWATER AND ROADWAY IMPACT FEE ORDINANCE, BY APPROVING AND ADOPTING A NEW CAPITAL IMPROVEMENTS PLAN FOR WATER AND WASTEWATER IMPROVEMENTS; PROVIDING FOR AND IMPOSING NEW WATER AND WASTEWATER IMPACT FEES; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING ~UBLlCATION. WHEREAS, Chapter 395, as amended, of the Texas Local Government Code provides procedures for municipalities to enact and amend impact fees; and WHEREAS, the City of Colleyville Capital Improvements Advisory Committee has reviewed the Water and Wastewater System Capital Improvements Plan and Impact Fee Update study, dated March, 1999, prepared for the City of Colleyville by the engineering consulting firm of Kimley-Horn and Associates, Inc. of Fort Worth, Texas; and WHEREAS, the City Council has reviewed the Water and Wastewater System Capital Improvements Plan and adopted an order setting a public hearing date to discuss adoption of said document and imposition of impact fees as required by the Texas Local Government Code; and WHEREAS, notice of a public hearing before the City Council was published three times in a newspaper of general circulation in Colleyville in accordance with the publication requirements of Chapter 395, Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1. THAT Exhibit A, Service Area Map, of Ordinance 0-95-1004 remains unchanged. Sec 2. THAT Exhibit B, Land Use Assumptions, of Ordinance 0-95-1004 is hereby amended to incorporate the Land Use Assumptions contained in Resolution R-98-1408. Sec 3. THAT Exhibit C, Schedule of Maximum Impact Fees, of Ordinance 0-95-1004 is hereby amended as it relates to Water and Wastewater Impact Fees by incorporating the table of Maximum Allowable Water Ord. 0-99-1199 Page 2 of 4 Sec4. Sec 5. I Sec 6. Sec 7. Sec 8. Sec 9. and Wastewater Impact Fees shown on the attached Exhibit "1" of this ordinance. THAT Exhibit 0, Schedule of Maximum Impact Fees to be Collected, of Ordinance 0-95-1004 is hereby amended as it relates to Water and Wastewater Impact Fees by establishing the actual assessment rate as follows: A. The actual Water Impact Fee Collection Rate shall be 40% of the maximum allowed by this ordinance. B. The actual Wastewater Impact Fee Collection Rate shall be 100% of the maximum allowed by this ordinance. THAT Exhibit D, Schedule of Maximum Impact Fees to be Collected, of Ordinance 0-95-1004 is hereby amended as it relates to Water and Wastewater Impact Fees by incorporating the table of Actual Water and Wastewater Impact Fees to be Collected shown on the attached Exhibit "1" of this ordinance. THAT Exhibit E, Water Improvements Plan, of Ordinance 0-95-1004, is hereby amended and the document "Water and Wastewater System Capital Improvements Plan and Impact Fee Update" dated March, 1999, is hereby adopted as the official study required by Chapter 395 of the Texas Local Government Code for adoption of water impact fees. THAT Exhibit E, Wastewater Improvements Plan, of Ordinance 0- 95-1004, is hereby amended and the document "Water and Wastewater System Capital Improvements Plan and Impact Fee Update" dated March, 1999, is hereby adopted as the official study required by Chapter 395 of the Texas Local Government Code for adoption of wastewater impact fees. THAT Ordinance 0-95-1004 as it relates to Roadway Impact Fees shall remain in place, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 2 Ord.0-99-1199 Page 3 of 4 Sec 10. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec 11. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,1999. day of The second reading and public hearing being conducted on the ,2000. day of ATTEST: CITY OF COLLEYVILLE: Jean Harris, CMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney 3 Ord. 0-99-1199 Page 4 of 4 Maximum Water & Wastewater Impact Fees Allowable Maximum Maximum Total Meter Type Meter Size Water WastewatEtr Impact Fees Impact Fet! Impact Fet! Allowable. Simple I 3/4" $ 2.507 $ 179 $ 2,686 Simple 1" $ 3,581 $ 256 $ 3,837 Simple 1-1/2" $ 7,163 $ 512 $ 7,675 Simple, Compound 2" $ 11,461 $ 819 $ 12,280 Turbine 2" $ 14,326 $ 1,024 $ 15,350 Compound 3" $ 21,489 $ 1,536 $ 23,025 Turbine 3" $ 25,070 $ 1,792 $ 26,862 Compound 4" $ 35,814 $ 2,560 $ 38,374 Turbine 4" $ 42,977 $ 3,072 $ 46,049 Compound 6" $ 71,629 $ 5,120 $ 76,749 Turbine 6" $ 89,536 $ 6,400 $ 95,936 Turbine 8" $ 128,932 $ 9,216 $138,148 Turbine 10" $ 207,724 $ 14,848 $ 222,572 Turbine 12" $ 308,004 $ 22,016 $ 330,020 Actual Water and Wastewater Impact Fees To Be Collected Actual A.ctual Total Water & Water WasteY/atElr Wastewater Meter Type Meter Size ~C*Fee Impact Fee Impaf;tFees. OOlteoted COIIet::ted . "0 Be Collected Simple 3/4" $ 1,003 $ 179 $ 1,182 Simple 1" $ 1 ,432 $ 256 $ 1,688 Simple 1-112" $ 2,865 $ 512 $ 3,377 Simple, Compound 2" $ 4,584 $ 819 $ 5,403 Turbine 2" $ 5,730 $ 1,024 $ 6,754 Compound 3" $ 8,596 $ 1,536 $ 10.132 Turbine 3" $ 10,028 $ 1,792 $ 11.820 Compound 4" $ 14,326 $ 2,560 $ 16,886 Turbine 4" $ 17,191 $ 3,072 $ 20,263 Compound 6" $ 28,652 $ 5,120 $ 33,772 Turbine 6" $ 35,814 $ 6,400 $ 42,214 Turbine 8" $ 51,573 $ 9,216 $ 60,789 ~urbine 10" $ 83,090 $ 14,848 $ 97,938 Turbine 12" $ 123,202 $ 22,016 $ 145,218 Exhibit "1" 4 AGENDA BRIEFING n~ TexaS DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: 0-99-1200 - An Ordinance to authorize the removal or the trimming of trees, tree limbs or shrubs in or over the street rights-of-way. MEETING I AGENDA # 1/04/00 / 5 12/21/99 I / January 4. 2000 Second Reading and Public Hearing - Ordinance 0-99-1200 December 21. 1999 First Reading and Public Hearing - Ordinance 0-99-1200 Backqround The Public Works Department frequently receives complaints from citizens regarding low hanging tree limbs over public streets. Currently there is no ordinance that establishes specific criteria for trimming or removing trees, which cause a public nuisance within the public right-of-way. Earlier this year, during the normal process of trimming and removing several problem trees, staff was confronted by citizens regarding the authority to perform this function. In response to this concern, staff has drafted the attached ordinance, which clarifies the authority for trimming trees within the public right-of-way, and establishes minimum criteria for visibility and clearance over public street surfaces. The importance of having minimum clearances over a street is also a concern of the Fire Department. From a public safety perspective, fire department equipment and ambulance vehicles have difficulty negotiating areas where tree limbs hang within 14' of a street surface. The ordinance includes' a process for notifying an adjacent property owner when a tree is in violation. The ordinance establishes the following criteria: 1) a tree, whether located on private property or not, which has limbs within 14' of the street surface is declared a violation of the ordinance. (\ 3(l.'~ I Kn~>"'-- DEPARTM NT HEAD c: c~~Jp~- FINANCIAL REVIEW (IF NECESSARY) 10-.... 0i:Ilil2E...... '-'/ ",1 Agenda Briefing 0-99-1200 Page 2. 2) certain trees located within the parkway which block the visibility of drivers. located at a street intersection are also a violation of the ordinance. The notification process established by this ordinance would require written notification of the adjacent property owner advising them to trim the violating tree within ten (10) days. If the property owner fails to comply with this requirement, the Public Works Department would be authorized by the ordinance to trim the tree accordingly. There is no penalty for non-compliance. The ordinance also contains a provision for the removal of a tree located within the parkway (the space between the pavement and the property line) when it blocks the visibility at a street intersection. A tree over three inches (3") in diameter which creates a visibility problem would only be removed upon the recommendation of a staff committee composed of the Fire Chief, Police Chief and the Public Services Director. The ordinance includes language giving some discretion when dealing with young trees that may ultimately grow into compliance with the ordinance. Summary and Conclusion Attached is a copy of the proposed Ordinance 0-99-1200, which was reviewed by the City's Tree Board and Parks & Recreation Advisory Board on November 1, 1999. Both bodies concurred with the ordinance, however a concern regarding how to trim young, newly planted trees that might be interfering with the right-of-way without destroying them was raised. As a result, Staff amended the ordinance to require the review by several knowledgeable people before such trees are trimmed or removed. Recommendation Approval of Ordinance 0-99-1200 ORDINANCE 0-99-1200 AN ORDINANCE TO AUTHORIZE THE REMOVAL OR TRIMMING OF TREE LIMBS OVER STREET RIGHTS-OF-WAY; DECLARING A PUBLIC NUISANCE; PROVIDING I NOTICE AND ABATEMENT PROCEDURES; PROVIDING FOR A PENALTY FOR VIOLATION; AND AUTHORIZING PUBLICATION: WHEREAS, trees or tree limbs, when allowed to grow over or onto the parkway or pavement of a street right-of-way, create a public nuisance and can cause a hazard'to passing motorists or pedestrians; and WHEREAS, in some cases such overhanging limbs have become obstacles to viewing potential oncoming traffic for motorists at street intersections; and WHEREAS, the City Council finds the need to establish minimum clearance requirements over street pavement surfaces, and provide a method for notice to owners of adjacent properties to maintain trees and tree limbs in a safe manner; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and II WHEREAS, the City Council is of the opinion that the proposed ordinance herein effectuated furthers the purpose of achieving public safety and is in the best interest of the citizens of the City of Colleyville; I i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF i I COLLEYVILLE, TEXAS: Sec. 1. Trees overhanging street and sidewalk pavement. A. THAT any tree, shrub or tree limbs, which are growing at a height less than required by this ordinance, shall be declared a public nuisance. 8. THAT it shall be unlawful for any person owning or having supervision or control of any real property within the corporate limits of the City, to permit or allow a tree, shrub or tree limb to grow upon any such real property, or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, between the property line and the edge of the street, if any portion of the tree, shrub or tree limb is growing at a height less than fourteen feet (14') above the pavement of the roadway, or seven feet (7') above the pavement of the sidewalk. C. THAT a tree, shrub or tree limb shall be deemed to interfere with or cause an obstruction to motorists or pedestrians if it obscures the I Ii Ordinance 0-99-1200 Page 2 of 3 motorists' or pedestrians' view of any street intersection, sign or traffic control device or if it otherwise causes or creates a hazard that coul( reasonably cause property damage or personal injury. D. THAT in the event that any person fails or refuses to comply with the provisions of this ordinance, the City shall give ten (10) days written notice of the violation to the property owner prior to abating the violation. For purpose of this ordinance, the property owner shall be the name according to the most recent official tax rolls. E. THAT if such person fails or refuses to comply with the provisions of this ordinance within ten (10) days after the date of notification as provided above, the City may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this ordinance. Nothing in this ordinance shall prevent the immediate removal of a tree, shrub or tree limb that is determined by the City to be an eminent threat to public safety. , I I I Sec. 2. Trees obscuring view in parkway visibility triangle. A. THAT trees, shrubs or tree limbs which interfere with, or cause an obstruction to motorists or pedestrians by obscuring the view within the parkway visibility triangle as illustrated on the attached Exhibit 'A', or the view of a traffic control device shall be hereby declared a public nuisance. For purposes of this ordinance, the viewing area shall be the area between thirty inches (30") and seven feet (7') above the ground. B. THAT in the event that a tree, shrub or tree limb is determined to be in violation of this ordinance, the City shall give ten (10) days written notice to the abutting property owner prior to abating the violation. Nothing in this ordinance shall prevent the immediate removal of a tree, shrub or tree limb that is determined by the City to be an eminent threat to public safety. C. THAT if such person fails or refuses to comply with the provisions of this ordinance within ten (10) days after the date of notification as provided above, the City may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this ordinance. D. THAT no live tree, which exceeds three inches (3") in diameter, measured at 48" above the ground, shall be removed unless authorized, after review, by a committee composed of the Public Services Director, the Chief of Police and the Fire Chief, and their decision shall be final. Ordinance 0-99-1200 Page 3 of 3 Sec. 3. THAT in the enforcement and administration of this ordinance, City Staff will use discretion when evaluating whether or not a young tree should be trimmed or allowed to grow in such a manner that it will eventually become in conformance with this ordinance. Sec. 4. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,1999. day of The second reading and public hearing being conducted on the ,2000. day of ATTEST: CITY OF COLLEYVILLE: Jean Harris, CMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Street Sidewalk STREET CROSS SECTION - MINIMUM TREE CLEARANCES I- - 300' ~ --~--~~'~-~-''::~;:~~~-:~':;~<i~ ~~-.~~'-:.;:,,~1 - - Property Li:e -~. - - ~ ~ .,,~ .. Q) CD .. .. en Street Edge of Pavement t--- : The visibility triangle shown on this drawing is typical and is applicable on both 'sides of the intersection. NON - TREE OBSTRUCTION - VISIBILITY TRIANGLE EXHIBIT 'A' 0-99-1200 City ur CITY COUNCIL AGENDA BRIEFING Dee Texas DEPARTMENT: PUBLIC SERVICES SUBJECT: Resolution R-OO-1593-Authorizing the City Manager to proceed with condemnation of Parcel number 17 on the Hall-Johnson Road Project MEETING / AGENDA # 1/4/00 I ---6-- I / January 4. 2000 Reading and Public Hearing - Resolution R-OO-1593 Backaround Hall-Johnson Road construction plans are in the final design stage. The acquisition of right-of-way (ROW) is proceeding. All parcels have been appraised and property owners notified of the ROW take and the appraised value. The property owner of Parcel number 17 listed in the Tarrant Appraisal District records as: S. C. H. Witten Survey, Abstract No. 1619, Tract 1J02 has responded to the staff that the offer was not sufficient. This property is owned by Robert S. and Nancy L. Jackson. They have been offered $25,905 for 4,456 square feet. Therefore, the next step is for Council to institute eminent domain proceedings to acquire the ROW. Staff will continue to work with the property owner until the Special Commissioners Court is convened. Financial Impact Funding has been budgeted in the Hall-Johnson Road Project. Recommendation Approval of Resolution R-OO-1593 (if/~ PARTMENT HEAD /' FI~IAL REVIEW (IF NECESSARY) ~~~ CI MANAGER ~ fw....08ii2E..... ('v' I :. RESOLUTION R-OO-1593 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH CONDEMNATION OF PROPERTY i; WHEREAS, The City Council has heretofore determined the necessity for the I , acquisition of certain real property for street improvements and general utility purposes; and WHEREAS, the City's agents and owners of the property hereinafter described have been unable to agree on the price to be paid for such property. NOW, THEREFORE, Be IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Manager is hereby authorized and directed to institute eminent domain proceedings to acquire the property described in Exhibit A hereto, which property is hereby declared to be necessary for public purpose, to wit street improvements and general utility purposes. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS THE NAYS, AND ,2000. AYES, DAY OF ATTEST: CITY OF COLLEYVILLE Jean Harris, TRMC, CMC City Secretary Donna Arp Mayor Parcel No. ] 7 Hall-Johnson Road Widening Project Date: October 7, 1999 Exhibit A, Page 1 of 3 Pages Being a 0.102 acre tract of land out of the S. C. H. Witten Survey, Abstract No. ]619, City of Colleyville, Tarrant County, Texas and being portion of a 0.97 acre tract of land deeded to Robert S. Jackson and wife, Nancy L. Jackson as recorded in Volume 13416, Page 133 of the Deed Records of Tarrant County, Texas, said 0.102 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found in the east right-of-way line of Montclair Drive (a variable width right-of-way) for the northwest comer of a called 2.45 acre tract of land deeded to Robert S. Jackson and wife, Nancy L. Jackson as recorded in Volume 11996, Page 412 of the Deed Records of Tarrant County, Texas, said 1/2 inch iron rod also being the southwest comer ofa tract of land being the remainder of a tract of land deeded to Edith Burton as recorded in Volume 4598, Page 355 of the Deed Records of Tarrant County, Texas, from which a 5/8 inch iron rod found for the southwest comer of said called 2.45 acre tract of land bears South 00 degrees 25 minutes 52 seconds East, a distance of ] 98.50 feet; THENCE North 00 degrees 31 minutes 19 seconds West, with the east right-of-way line of said Montclair Drive and the west line of the reminder of said Burton tract of land, a distance of 25.30 feet to a 5/8 inch iron rod found for the southwest comer of said 0.97 acre tract of land; THENCE North 00 degrees 57 minutes 47 seconds West, with the east right-of-way line of said Montclair Drive and the west line of said 0.97 acre tract of land, a distance of 248.45 feet to a R.O.W. marker set for the POINT OF BEGINNING of the herein described 0.102 acre tract of land, said R.O. W. marker being the intersection of the existing east right-of-way line of said Montclair Drive with the proposed south right-of-way line of Hall-Johnson Road (a variable width right-of-way); THENCE North 00 degrees 57 minutes 47 seconds West, with the west line of said 0.97 acre tract of land and the existing east right-of-way line of said Montclair Drive, a distance of 31.04 feet to a point in Hall-Johnson Road for the northwest comer of said 0.97 acre tract of land; THENCE North 89 degrees 56 minutes 46 seconds East, with the north line of said 0.97 tract of land, a distance of 142.59 feet to a point in Hall-Johnson Road for the northeast comer of said 0.97 tract of land; . THENCE South 03 degrees 50 minutes 07 seconds East, with the east line of said 0.97 acre tract of land, a distance of 31.20 feet to a R.O. W. marker set for comer in the proposed south right-of-way line of said Hall-Johnson Road; THENCE South 89 degrees 59 minutes 13 seconds West, with the proposed south right-of-way line of said Hall-Johnson Road, a distance of 144.15 feet to the POINT OF BEGINNING and containing 4,456 square feet or 0.102 acres of land, more or less; GORRONDDNA & ASSOCIATES. INC. . 6737 BRENTWOOD STAIR ROAD SUITE 224 . FORT WORTH. TX 76112 . PH. 817 496 1424 FAX 817-496-1768 Parcel No. 17 Hall-Johnson Road Widening Project Date: October 7, 1999 Exhibit A, Page 2 of 3 Pages Notes: (1) All bearings are based on the north line of Block 1 of Stone Crest Estates, an addition to the City ofColleyville, Tarrant County, Texas as recorded in Cabinet A, Slide 436 of the Plat Records of Tarrant County, Texas. (2) Right-of-Way markers are 5/8 inch iron rods with blue caps stamped "Gorrondona & Associates, Inc. Fort Worth, Texas". SURVEYED ON THE GROUND August 20th, 1999. Jon . Cooper Reg ered Professional and Surveyor No. 5254 CORRON DONA & ASSOCIATES, INC. . 6737 BRENTWOOD STAIR ROAD SUITE 224 . FORT WORTH, TX 76112 . PH 817 496 1424 FAX 617-496-1768 PARCEL No. 17 EXHIBIT "A" N 89.56'46"E 142.59' HALL-JOHNSON ROAD (VARIABLE WIDTH RIGHT -or -WAY) EXISTING RICHT -or - WAY S 0:3'50'07'E 31.20' P.D.B. SET R.O.W. MARKER ~~- > ze; "'~- ~ .c.:i . J:&..CL~ w>-- _~ OW&f)~ -'-''''''ci '! CD . xx-a W cn- ~w..J ",...0 " i> '.,., .. ~ RIGHT -OF -WAY TAKING N 4,456 SQ. FT. OR 0.102 ACRES TOMIofY L. BURNS 4: WIFE, SHERRY E. BURNS VOL. 682J, PC. 888 O.R.T.C.T. ~ .... .. ;... '" b o z 0.97 ACRE ROBERT S. JACKSON &: WIFE. NANCY L. JACKSON VOL 13416, PG. 133 D.R.T.C. T. LOT 1. BLOCK 1 TOMMY BURNS ADDITION VOLUME 388-136. PG. 21 D.R.T.C.T. N OlT31'19"W 25.JO' ~):' .....~ O::.l.o ~ 9 :2 ... (II x (;) o::ii ~~~ ~Q .,., ~~ .~ u'::: b r: ~ 0 t""oI ex: VI ~~ o~ ~ EXISTING RICHT -OF-WAY PROPOSED RIGHT -or -WAY KERRY WALLACE BOWWoN VOL 8890, PG. 1298 _, D.R.T.C.T. x::' ~~ so\) ,C?> ~ ,CO '\~ ~-0 ~O. '\ . '?- CJ '\~ P"D.C. 1/2'IRON ROD FOUND REMAINDER Of' EDITH BURTON TRACT VOL. 4598. PG. :355 D.R.T.C.T. LOT 23. BLOCK 2 ARBOR ESTATES III CABINET A. SlIOE 2:357 P.R.T.C.T. CALLED 2.45 ACRE ROBERT S. JACKSON &: WIFE, NANCY L JACKSON VOLUME 11996, PACE 412 D.RTC.T. LOT 22, BLOCK 2 ARBOR ESTATES III CABINET A. SLIDE 2:357 P.R.T.C.T. 5/8"IRON ROD rOUND LOT 1 O. MARTIN SUBDIVISION VOL. 388-48. PG. 319 P.R.T.C.T. LOT 2 O. MARTIN SUBOMSION VOL. 388-48. PG. 319 P.R.T.C.T. LEGEND @ PARCEL NUMBER - PROPERTY LINE - PROPOSED RICHT -or -WAY o I 50 I SCALE 100 I IN FEET 200 I HALL-JOHNSON ROAD WIDENING PROJECT FROM COLLEYV1LLE BOULEVARD TO POOL ROAD CCO~W @~ C@~~~WWO~~~ 5400 BRANSFORD ROAD COLLEYVILLE. TEXAS 76034 PARCEL NO. 1 7 SURVEY: S. C. H. WITTEN SURVEY, ABSTRACT No. 1619 LOCATION: CITY OF COLLEYVILLE, TARRANT COUNTY. TEXAS RIGHT OF WAY TAKING AREA: 4.456 SQ. FT. OR 0.102 ACRES JOB NO 9712-849 ORAWN BY: JLC CAOO FILE: 849-PARC.OWC DATE: 10/7/99 CHK. BY BJC PACE J OF J SCALE: ," = 100' GORRONDDNA &: ASSOCIATES INC 6137 BRENTWOOD STAIR ROAD. SUITE 224 FORT WORTH TX. PH NOTES: 1.) AlL BEARINGS ARE BASED ON THE NORTH LINE OF BLOCK 1. STONE CREST ESTATES, AN ADDITION TO THE CITY OF COLLEYVILLE TARRANT COUNTY. TEXAS AS RECORDED IN CABINET A. SLIDE 436. P.R.LC.T. 2.) RIGHT-Dr-WAY MARKERS ARE 5/8' IRON RODS WITH BLUE CAPS STAMPED .CORRONDONA &: ASSOC. INC. FORT WORTH TEXAS". UNLESS NOTED OTHERWISE. 3.) SURVEYEO ON THE GROUND AUCUST 20. 1999. cuy Uf CITY COUNCIL CO, AGENDA BRIEFING TIcg TexaS DEPARTMENT: PUBLIC SERVICES SUBJECT: Resolution R-OO-1594-Authorizing the City Manager to proceed with condemnation of Parcel number 11 on the Hall-Johnson Road Project MEETING / AGENDA # 1/4/00 I 7 / / January 4. 2000 Reading and Public Hearing - Resolution R-OO-1594 Backaround Hall-Johnson Road construction plans are in the final design stage. The acquisition of right-of-way (ROW) is proceeding. All parcels have been appraised and property owners notified of the ROW take and the appraised value. The property owner of Parcel number 11 listed in the Tarrant Appraisal District records as: S. Cotrial Survey, Abstract No. 328, Tract 5B01 & 5B03 has responded to the staff that the offer was not sufficient. This property is owned by Richard L. and Molly Munson. They have been offered $9,680 for 4,608 square feet. Therefore, the next step is for Council to institute eminent domain proceedings to acquire the ROW. Staff will continue to work with the property owner until the Special Commissioners Court is convened. Financial Impact Funding has been budgeted in the Hall-Johnson Road Project. Recommendation Approval of Resolution R-00-1594 C~~.. CITY MANAGER ~ G- ;;i4~. L~- 'I/;. DEPARTMENT HEAD ;;,.~ OiIw~ e,., (\/ j I, II RESOLUTION R-OO-1594 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH CONDEMNATION OF PROPERTY WHEREAS, The City Council has heretofore determined the necessity for the acquisition of certain real property for street improvements and general utility purposes; and WHEREAS, the City's agents and owners of the property hereinafter described have been unable to agree on the price to be paid for such property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Manager is hereby authorized and directed to institute eminent domain proceedings to acquire the property described in Exhibit A hereto, which property is hereby declared to be necessary for public purpose, to wit: street improvements and general utility purposes. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, DAY OF NAYS, AND ,2000. ATTEST: CITY OF COLLEYVILLE Jean Harris, TRMC, CMC City Secretary Donna Arp Mayor Parcel No. 11 Hall-Johnson Road Widening Project Date: September 28, 1999 Exhibit A, Page 1 of 3 Pages Being a 0.106 acre tract of land out of the S. Cotrial Survey, Abstract No. 328, in the City of Colleyville, Tarrant County, Texas, and being a portion of a tract of land deeded to Richard L. Munson and wife, Molly Munson as recorded in Volume 6245, Page 924 of the Deed Records of Tarrant County, Texas, said 0.106 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "Horizon Sur. Co." found in the existing south right-of-way line of Hall-Johnson Road (a variable width right-of-way) for the northwest corner of Lot 2, Block 1, Montclair Pare, an addition to the City of Colleyville, Tarrant County, Texas as recorded in Cabinet A, Slide 1193 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rod being in the east line of said Munson tract of land; THENCE South 89 degrees 11 minutes 51 seconds West, with the proposed south right-of-way line of said Hall-Johnson Road, a distance of 132.88 feet to a 1/2 inch iron rod with cap stamped "Horizon Sur. Co." found for comer in the west line of said Munson tract of land, from which a 3/4 inch iron rod found for the southwest comer of said Munson tract ofland bears South 00 degrees 20 minutes 28 seconds East, a distance of244.85 feet; THENCE North 00 degrees 20 minutes 28 seconds West, with the west line of said Munson tract of land, a distance of 35.25 feet to a point in Hall-Johnson Road for the northwest comer of said Munson tract of land; THENCE North 89 degrees 41 minutes 11 seconds East, with the north line of said Munson tract of land, a distance of 132.89 feet to a point in Hall-Johnson Road for the northeast comer of said Munson tract of land; THENCE South 00 degrees 18 minutes 49 seconds East, with the east line of said Munson tract of land, a distance of 34.11 feet to the POINT OF BEGINNING and containing 4,608 square feet or 0.106 acres ofland, more or less; CORRON DONA .\< ASSOCIATES. 'NO . 6737 BRENTWOOO STAIR ROAD SUITE 224 . ,aRT WORTH, TX 76112 . PH 817-496-1424 ,AX 817 496 1768 Parcel No. 11 Hall-Johnson Road Widening Project Date: September 28,1999 Exhibit A, Page 2 of 3 Pages J I (2) Right-of-Way markers are 5/8 inch iron rods with blue caps stamped "Gorrondona & Associates, Inc. Fort Worth, Texas", Notes: (1) All bearings are based on the north line of Block 1 of Stone Crest Estates, an addition to the City of Colley vi lIe, Tarrant County, Texas as recorded in Cabinet A, Slide 436 of the Plat Records of Tarrant County, Texas. SURVEYED ON THE GROUND August 20th, 1999. /) .~ ~"'. ~A___~--:::;-" If:;. 0 F ,~':~~:-. ... v ..~<<>o f ,', '. " Ii. " .~.\ r. re.,o..-".o, , " Ii ~.. i:tv t....' ".':':~'" '. "':". (h,. , t<: ir . ('. '. '.:. !.: "" < ~"~_~-:O..C'..~~_"!.._ '2'"<.~~.\' \t 8RAD J GC)f'7:..::'::'-:;,!" .~) \~"'~'(!~<I~~~:-~:::-;~>-- .";..:. .:..:)_..." \~('\$' ...~;~;,.'" -..:. ". \,.~ 'V ~ ~!!~ i.:~:~ r", ; ',' "'_'~-' ~-' '~_;I:J '\ ;........c,. j'\ -...~ - . '-. ~ '. ,I/F i'~_._...V ~'., '\'.. .t-.V!: . '-'>'~ S IJ '." .0~-';;;J ~..~," ~- ,-:--;~~ Brad 1. 0 ndona Registere Professional Land Surveyor No. 4684 GORRONDONA & ASSOCIATES. INC, 6737 BRENTWOOD STAIR ROAD SUITE 224 . FORT WORTH. TX 76112 . PH. 817-496-1424 FAX 817-496-1768 EXISTING RIGHT-OF-WAY N 00'20'28"W 35.25' --i-J :. ORA:G~ UTILITY c!c --I I FENCE EASEMENT I CAB. A. SLIDE 1395 P.R.T.C.T. I LOT 28R. BLOCK 3 I MONTCLAIR PARC CABINET A. SLIDE 1395 I P.R. T. C. T. UI U1....'" "'ZOl <.J....... !;i2- ... . >-U'Jw...... ~i53~ ~~lna:' 15;;!<n: a5ai -.,.,oll6 LOT 27, BLOCK 3 MONTCLAIR PARC CABINET A, SLIDE 1193 P.R. T. C. T. LEGEND @ PARCEL NUMBER - PROPERTY LINE - PROPOSED RIGHT -OF -WAY PARCEL No. 11 EXHIBIT "A" HALL JOHNSON ROAD ... e..... ~ rY b -~ ",. b. o C In t..:l ::.... ~ ~ 0:: C ~ RIGHT -OF -WAY TAKING 4,608 SQ. FT OR 0.106 ACRES RICHARO L. MUNSON & WIFE, MOLLY MUNSON VOLUME 6245, PAGE 924 D.R.T.C.T. ~ ~~~CO: S'J ~ V ~O. ~~" ~ G G 0" <(-~ S.~S ~ 3/4"IRON ROD FOUND MIRAMAR o I 30 60 I I SCALE IN FEET 120 I S 00" 1 e' 49"E 34.'" P.O.B. I 1/2"IRON ROD FOUND W/CAP I"HORIZON SUR. CO." LOT 2 I MONTCLAIR PARC I CABINET A. SLIDE 1193 ..; P.R.T.C.T. ~ I - w I 0 ::; I UI BLOCK 1 < I ai < I <.J ,.: I z w 2 I UI i5 I ~ ::; I >= :> I oll w I t;) < I z ~ 0 I -.,., '" LANE NOTES: 1.) AlL BEARINGS ARE BASED ON THE NORTH LINE OF BLOCK I, STONE CREST ESTATES. m ADDITION TO THE CITY OF COLLEYVlLLE TARRANT COUNTY, TEXAS AS RECORDED IN CABINET A. SLIDE 436. P.R.T.C.T. 2.) RIGHT-OF-WAY MARKERS ARE 5/8" IRON RODS WITH BLUE CAPS STAMPED "GORRONDONA '" ASSOC. INC. FORT WORTH TEXAS", UNLESS NOTED OTHERWISE. 3.) SURVEYED ON THE GROUND AUGUST 20. 1999. HALL-JOHNSON ROAD WIDENING PROJECT FROM COLLEYVILLE BOULEVARD TO POOL ROAD CC;uUW @~ CC@~~@WWO~~@ 5400 BRANSFORD ROAD COLLEYVILLE, TEXAS 76034 PARCEL NO. " SURVEY: S. COTRIAL SURVEY, ABSTRACT No. 328 LOCATION: CITY OF COLLEYVlLLE, TARRANT COUNTY, TEXAS RIGHT OF WAY TAKING AREA: 4,608 SQ. FT. OR 0.106 ACRES JOB NO. 9712-849 DRAWN BY: JLC CAOD FILE: 849-PARC.DWG DATE 9/28/99 CHK. BY: BJG PAGE 3 OF 3 SCAlE: ," - 60' GORRONDONA &: ASSOCIATES, INc. 6737 BRENTWOOD STAIR ROAD SUITE 224 FORT WORTH, TX. PH. FAX 817 496-1768 cny of CITY COUNCIL AGENDA BRIEFING nee Texas DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: 0-99-1191-Azoning change requested by Tom Pritchett for Mark Gottfredson, from AG to PUD-R (planned unit development-residential) on 21.63 acres located at the end of Pebble Hill Drive, extending to John McCain Road MEETING / AGENDA # 01/04/00 /--B- 12/21/99 / 12/07/99 / January 04.2000 - Tabled 12/21/99 Update The City Council tabled this item at its December 21, 1999 meeting. This item was tabled to allow th'e applicant and neighbors to discuss a solution to the emergency access problem for the subdivision. Staff has not been advised of any outcome from the discussions as of the date of the briefing preparation. December 21. 1999 Second Reading and Public Hearing - Ordinance 0-99-1191 Update At the December 7, 1999 Council meeting, there was considerable discussion regarding the cui de sac length and secondary entrance requirements for this development. The briefing includes two memorandums from the fire chief about these two issues, and another staff paper on cui de sac street lengths. The Council directed staff to meet with the applicant to discuss their options on these items. The applicant met with representatives from the Fire Department and Community Development Department on December 13, 1999, to discuss the cui de sac length and secondary emergency access issues. Among the options discussed with the applicant were: 1. Provide a fire lane from Pebble Hill Drive around the north side of the pond to tie into the new cui de sac. The fire lane would be a minimum 24-feet in width and constructed of concrete or asphalt. The fire lane would be gated at each end to limit use to fire and police personnel. This option creates two entrances to the proposed new subdivision and, as a side benefit, provides an alternative access to the Pebble Hill Plantation ---; I -, (CONTINUED) ) (<-<w, i 1){0UJl\. C ~~ DEPA'JMENT HEAD CITY MANAGER FINANCIAL REVIEW (IF NECESSARY) K'" 0IIQ2E...IH Agenda Briefing 0-99-1191 Page 2 Estates subdivision. This alternative would provide the best access of all solutions offered. As proposed by the applicant, however, the fire lane would not be built to a normal street specification as to base material and paving thickness. His offer is to build the fire lane with a Grasscrete@ paving system that allows the grass to grow up through the concrete to maintain a park like atmosphere (see attached information). The staff has consistently opposed emergency accesses that are not built to normal street specifications due to the excessive weight of the fire equipment. 2. Provide a fire lane in an access easement from the Bear Creek Plantation property to the west. This solution would require the granting of an easement from Burk Collins. The developer has pursued this option in the past with little success. 3. Redesign the entry to accommodate two entry points. The developer has slightly redesigned the entry to include a divided roadway, but the separation between the entry and exit roads is minimal, less than 35 feet apart. The property has 208 feet of frontage on John McCain Road. Comparatively, the entrance streets to Shalimar are 130 feet apart. Extension of the dual entryway into the development with sufficient distance to bring the remaining part of the cui de sac within compliance with the 1,200- foot limitation would result in the loss of four lots. 4. Provide a fire lane in an alley easement at the rear of Lots 3 and 4. While this approach would provide a second access to a portion of the cui de sac, an incident at the entry to the subdivision would still block both accesses. The alley easement would also include several gates, which would further delay response time to an emergency. Of the four alternatives discussed, the dual entry roadway, with maximum separation to a point within 1,200 feet of the end of the cui de sac would meet ordinance requirements. The first option, a fire lane connected to the Pebble Hill Plantation Estates subdivision, would provide the best access options if the access met City design standards. The applicant has not offered an alternative that changes the staff's recommendation for denial. The attached ordinance has been amended from the previous meeting to include two additional items that were inadvertently left out. The requirement for fire sprinkler systems in each residence, as recommended by the Planning & Zoning Commission, has been added. The option of allowing this development to be a gated community with private streets has also been included as originally requested by the applicant. Agenda Briefing 0-99-1191 Page 3 Representatives of the Pebble Hill HOA stated that an agreement had been worked out with the developer on several issues, including the use of the lake and the walking path. Lance Brown, president of the association, stated that all homeowners have withdrawn their opposition to the zoning change. However, staff has not received any written correspondence officially withdrawing the opposition. Since a valid petition is still in place, this request will require a %-majority vote by the Council for approval. This request must receive four affirmative votes by the Council to be approved. December 07. 1999 First Reading and Public Hearing - Ordinance 0-99-1191 Backqround Mark Gottfredson is the owner and developer of a 25.949-acre tract of land located on the north side of John McCain Road, just west of Pebble Hill Drive. The property owner has submitted a zoning district change application for this property from AG to PUD-R. The proposed Planned Unit Development-Residential is for a 12-lot subdivision with a density of 0.45 dwelling units per acre. The average lot size is 48,589 square feet with the smallest lot shown at 30,232 square feet and the largest lot at 162,499 square feet. An open space lot, which contains a small lake, of 9.03 acres is also included providing almost 35% open space. The attached zoning exhibit is also a preliminary plat, as required by the Zoning Ordinance. The property is located between Pebble Hill Plantation Estates and Bear Creek Plantation. The property is somewhat uP" shaped, being very narrow at the southern end and expanding in width at the northern end. This property is adjacent to Bear Creek and a significant portion of the property is located in the 1 DO-year flood plain. The large lot with the lake is platted as part of the Pebble Hill subdivision. An open space/common area access easement covers the portion of the lot between the lake and the lots in Pebble Hill. This area is used by the residents in Pebble Hill as a recreational area; however, the easement is not a zoning-required open space area as the subdivision is zoned R20. The easement area was the subject of significant discussion at the Commission hearings. Since the home owners association and area residents made challenges about the ownership and use of the lot with the open space easement, staff advised the developer to have his attorney contact the City Attorney to discuss these issues. The attorneys discussed the situation, and as a result of the discussions the Agenda Briefing 0-99-1191 Page 4 applicant has elected to delete from the zoning request the easement portion of the lot in question. The applicant submitted a revised zoning exhibit that excludes the easement area of the large lot from the request. The revised request in effect reduces the area of the request by 4.32 acres, and would leave the easement area zoned Agricultural. If the Council approves the zoning case, the final plat of the property will show the easement area as a separate lot since the existing lot would be split between two different zoning districts. The following is a summary of the other major items associated with this planned unit development application. Emergency Access The development proposes only 12 lots, which meets the requirement of the Subdivision Regulations limiting the number of lots on a cui de sac. However, the cui de sac exceeds the maximum length allowed by the regulations. A cui de sac may not exceed 1,200 feet in length; the street on the plan is about 2,400 feet in length. A second access point for an emergency access purpose into the development is required. One of the Development Review Committee's original comments dealt with the cui de sac length. The DRC considers this a significant issue for this property, especially since a secondary access point is not proposed. The revised exhibit does not address this issue, which has led to staffs recommendation of denial in this case. The developer is requesting a waiver from the street length and secondary access requirements. Gated Community The submitted planning objectives state the developer's intent to make this subdivision a gated community. The approval process for a gated community typically coincides with the final plat, but there is one significant issue with the development as proposed that will affect a gated community request. The Subdivision Regulations require a gated community to have 20 or more lots; the proposed development has only 12 lots. Approval of this zoning case does not authorize this development to be a private gated community. The applicant is requesting that the Council offer comments on the question of whether this development should be a gated community or not, and the applicant will submit the request with the final plat based on the Council's direction. The applicant also submitted a letter outlining his request, and a copy is attached for the Council's reference. The letter addresses the meetings with the homeowners, the discussions between the attorneys, and several development issues. The applicant has formally requested waivers from the cui de sac length and second access requirements. The Fire Department has made specific comments about the cui de sac length and secondary access point issues. A copy of the memo from Chief Johnston is attached. The Agenda Briefing 0-99-1191 Page 5 developer submitted a revised main entry drawing the day the agenda was prepared, but the proposal does not significantly address staffs concerns. A copy of this drawing is also attached. Staff recommends denial of the zoning request due to the cui de sac length and the absence of a second access point into the subdivision. The Planning & Zoning Commission conducted public hearings, considered this zoning district change at its November 8, 1999 meeting, and recommended approval by a 4-1 vote (Edwards opposed). The recommendation for approval is subject to the requirement that fire sprinkler systems be installed in all dwellings. Adjacent property owners submitted a petition in opposition to the zoning change to the City. The petition meets the criteria to trigger a %-majority vote by the Council to approve this zoning request. This request must receive four affirmative votes by the Council to be approved. Recommendation: Denial of Ordinance 0-99-1191 ORDINANCE 0-99-1191 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 21.63 ACRES COMPRISING A PORTION OF LOT 17, BLOCK 3, PEBBLE HILL PLANTATION ESTATES, AND ALL OF LOT 2, BLOCK 1, BEAR CREEK PLANTATION ADDITION; FROM THE AG AGRICULTURE DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT RESIDENTIAL) DISTRICT; PROVIDING FOR A PENAL TV FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning change was filed by Mark G ottfred son , Gottfredson Land Development L. L. C" on September 17, 1999, under Case No. Z-99-071; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT, the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas. and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in ColleyvilJe, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the AG Agricultural district Ordinance 0-99-1191 Page 2 of 4 to the PUD-R (Planned Unit Development Residential) district, together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C) and the statement of planning objectives .(Exhibit D); and subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 0.45 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Zoning Ordinance, Subdivision Regulations, and other land development ordinances, except where amended by this ordinance. 2. PERMITTED USES a. Single family residences, detached b. Parks and open space 3. LOT REQUIREMENTS AND SETBACKS a. Minimum Lot Size 30,000 square feet b. Minimum Lot Width 125 feet c. Minimum Lot Depth 125 feet d. Front Building Line 30 feet e. Side Building Line 15 feet f. Rear Building Line 25 feet 4. OPEN SPACE a. This development shall provide a minimum of 20% common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Zoning Ordinance. All open space areas shall be landscaped. Ordinance 0-99-1191 Page 30f4 5. PLATTING a. The developer shall submit a final plat of the property in accordance with Section 2 C of the Colleyville Subdivision Regulations. The conceptual site plan attached as Exhibit C to this ordinance shall constitute the preliminary plan. b. This development may be developed as a gated community with private streets in accordance with Section 15 of the Colleyville Subdivision Regulations. The development shall contain a minimum of twelve (12) residential lots. 6. OTHER a. Each single family residences shall contain a fire sprinkler system in accordance with applicable fire and building codes. Sec. 2. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and. shall be punishable as such. Sec. 3. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,1999. day of The second reading and public hearing being conducted on the day of , 1999. ATTEST: CITY OF COLLEYVILLE: Jean Harris, CMC City Secretary Donna Arp Mayor I \ i I , 1 I I I I I I I I Ordinance 0-99-1191 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney - hV 111_ ~. ..~ ..... \ \J' \ . .. '--- CO" ~ Jl~o)l' L 1'C10lll'SJ · ~)" -;~. . .~, /1;/ .! -'r~ \ .1 ,... . c;:y ~/~'''---''I'''' '7"'- "~~~ . ..~1 / ty~k-'~ o~r:~~ . . I L.:...J - ~~ .A - . I ~. \.. 't- · .0"0 ~ A..O .. ..., -. , .. - ~ ~...' .~ . ~."' -.' '.. ~; ~ I. ! i #J ~ ~ . ..,- I At9 1'IIIA~ON I ,-------' I ' I I , ...:: . I ,_ I --~-rJ 1. / r:= ~ Ie i t\. ~ \()?> - ~ ~.: _M.... - t1 B __. I ~ ... "E~ . ' 1 L .. C.w8,c sU . 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"~ . \......# - - .- . ~_. ~ ~b. ._~ ~.-.-.-..-.-_..-..~_.~... . ~ "7~.-1CA.o ...3. /Jb, "1b RJJ:>.E. -15ii =eo =: . C8UD' .. 1l0tl ,.1 d 'flll!:-coUtt5 (;0'" . . \ OESC~IPnoN of PRd~tR'r'{ SURvtYEO Oesl:t"ptloh bf o. 21.'30 tJCrp trod ~i\ua\.d Iii \hd Hon ....dfin SlI"\le~. Ab,trod NO: 'O~7 dnd the- H.R. WolI S\J....,~~. Abstrdct No. 1913. Cl\\t "f toUt::yvllle, Ttlrront Cbuntv. Tth,as; !;ditt tract bein~ tomprlAtrJ bf pOf\ of lot ':sA. Block t Ptt)bl~ Hihli PIOl"ltotiOl' E*,otes. Oh bddl_iol' \0 th~ City i}f toUeyvllle, T~rtont Coonty, T~lxa9. Qccot'dir.Cj \b th~ Arl'lended Pldt ~e,=orded 11"1 . Cobine' B. Sm:te 1894 o( th" Plol Ret(3rdt vf Tarrant. Couf!\.y..Tel(d9 ar\d lbl 2, Sl~~k 1. 86dr Creek P10rHdtlQri, dn addlt\on t~ thi City of Colleyvill~1 Tarfant COl,lhty. ,T~~cH cJect)(ding .\0 th. Jilot .f.totd~d in Volume j88-1 \e, ,PbCJ~ j(5 of \h~ Plat ~~cctds bf torrdr1t C~\Jt'lty. TexCls; ~oid 21.63d dcre trdt\: belnq tnof~ pl\r\ic.ulorly tI.~c"ib~d cis -tohows; bEOINNINa. ot Q 1,/1-in~h itbl' rod with "pochecd Kadh" ~ot> t:et 6\ tHe tou\hed~l cttrhel of ~bid Lot 2. blbC~ l,e~r trtl8 Plontutior\; sold pt)irit bebica tt1! S6uth'lft!S\ torhe\- of Ldt 1.), Bloclt 1. P.bbl" HiI'& PIOr1ta~ion rstM~,. on addlUon to h,1! City of Col'efiille. 1or~ont coUnty, Tex6s Dctbrdlrig td \t1tt t:>>ldt r~tord"d I" toblnet A, Slide '456 0; the Plot Retard' of Torr()t'lt COlolhty. Te)(d~: said point b'~b beitlg It\ th~ nor\h right-ai-way' 'in~ of Me(din J~(10d (on SO-Mot wid~ ric)t1l-ot-woy); THENCE. Nl;)rt~ ~9 dhdrttos. OS rrlii1ut.~9, ~1 stcontl!! Weist, de~ortir\<} the fltst lihe t'f $oid Pebbl~ Hi~ Pldntb'ior\ E9tate!t ond tJldnt lh~ lic)'d horth lirie of McOoln RCldd, oj d'stbnct! dof ~08.:sa fP.et lo d 1 /2-inCt1itbn t'bd found for t"ornet; s"ltj poiM bt!incj \he solJthe6st r.:otn~r of lot 1, ~'ock 1. ~()r Cre6k Pldl'\ tatibtl; '1'HENCE, NQrth 00 d~grees. ~6 rrli"ut~d. 42 t;~cor\d~ Eatt. de~ortir\~ the sdid hotth lir'le ot t..AcCain ~odd dfld 010n9 th~ tast \in~ of 5~id Lot 1. b di'tonte bf i016.1i f~e\ ,\0 d 1 Ii-inch itaM rbd 'tVith "Poch4i!('~ ".oCh" eot> ,.t b\ 0,", on.pe point; 't]I~ \)0."'\ t)eint;l thl!! r'lOf'thw8St corn!!''' of sl'Jid lot 2: aso11j poil't tU9d bitlh~ 'ht ~out"W~s\ cotner of ~'3itl Lot ~ JR. Bloc" 3. Pt!bb'e ""II~ f'IOl\ttJtion t6tO\&9: .' THENCE. Notth 01 dtqte~. oi .y,inu'~.. 41 . !~c~.,ds Eo~\. -:Ontit1\Jihg dlcr\q the told eo~\ IIr1e 0# lot l. b dit\anCt o. 8~6.2' ftel \0 a 5/~-lhCh iron rod found c::l\ OM on~It ~o;hl; THtNtE. N~t\h 0' dtqrfJt. l~ mlnlJt~!, 5t sel7ond~ tot\, c;o~tinuin~ OI~r1~ \t1e !;otd ec2~t III1e ell la\ ~', b dlttor'\de e,t 423.59 feet \0 0 2....nr.h irOf1 plpt round fer corn!!r: oiC1id t>6int belhq th~ r'l.~rtl1eost corher of sOid La\ ~; ;oid pol\n dU..O beihC) the nor\h'ffe~\ tt>rn.r cf ~t:Ji~ Lot 13~; ,oid ~oint olgo lJei"q in hto ~outH lin~ of 0 trott of lrind tcnveYE'd to Joe ~i9ht dk retord~d ir1 Voh.Jl"l'le 8007. Pt:J1e 1084 of th~ O~td Rer:ords of Tatro"t Gouht y, leAds; THENC.E. $olJth 6:5 deqre,~~. ~O. ""Iinules. 26 ge~')I'd~ Eost, deportil1l) lI'! said eIJ~\ "n~ of lc.t , and ~'oh9 the SQlJth \lh~ ,jf :.d1d WrlQht trC!tt. 0 rji~tdn~ of 299:31 t~e\ \0 ~ 1/2-i.,,=~ rtltt with "~o:r~co "~.:h" c6p S~\ l]t on ~nqle p01r1t: THENtt. S,~Lth~4 deqr~~9. ~8 tnir'nJ\es. ~6 ~ecol"\dS Eos-t. <:o,,\inlJlnCJ Olonq \h~ S(.u\h linp. of sdld Wti()ht \rott. 11 di~\onc~ of ~2a 83 fe~l \0 0 pOint In tl1e . ... ,,_ _ _, __1..1 ,....t 1 ~P! . - _ __! __ L~ ..:... _ tHEHct. S()ulh 01 de~ree. 15 min~\es. 0' se(;ond~ We~t. deporling the s()uth Hne ()f s~id WrigHl trdc\. 0 distbn~& ot 269.ag fe~t to 0 poittt f()r t()rtt~r; 1HEHCt. 501.l\h 01detr~el ~O minutes. '9 sec!)nds Ea~t. a d'9tt:lf\c~ of 1\ 9. ~O f!tet to Ii polht fbr .c~ne~; . 1I'4E~Ct. SO\Jlh 1\ d.t)r"fI. 02 mihutd. 36 ~ei:ondt W~9t. 0 ditatOrtce of 116.00 leet to 0 POlhl for cor,..et'; . - . - tHENCt. .50 ijegttes. 3t rhi~ute,"', ,~ $eCo;;d~ West. 0 "i~tdh~e of 107.1, feet to 6 pO'r'I\ '~or cornet; tHENct.' 58 ~e~tles. 03 r\'1ihUleli. 29 ucot\ds. 0 dl~\o(lce of lis.80 fe~\ to 0 D oin . for cotn ew-; -tHEMCt. SO\Jh'\ 62 d"grees. 28 mlh\lteft. O~stftonds Wtst, d dh.tonce of 111.71 'Ef.t to 0 point ff;)r cor,..er; tt'4EHCt. So\Jlh 7. d~9reet. 59 mlhllh!~. 5' s~tonds w..at. d dtttnnee df 111.58 leet to ., pOrh l fOr c~rnet; tHENCE. SOl.llt, 36 degreet. feet to 0 porht for cort'ter; tHEHct. SO\J~h . 7 rnihut~s. 4eet to d p\ll"l for cOrne"; tHENCt. so\Jb, 2~ d~greet. o~ mihllt~~. 3) sdton"s ~!I\. d dltlonc.e (1f "2.70 teet to d porhl for CQrnet;. 1 ~ minutet. 11 s~t:onds Wt9l. a ditttOl1ce of 'OB.65 I i 3i rnlhl.l\~t. 2SJ s~tond9 ~~S\. 0 dlstbnte of 1\1.40 t~ENct. SO\J\h 22 dt!gree~. 4" n'\ihll\~s. 0' seeond W~t. d distotlc.e of 88.10 teet \0 <) point for cOrner; . . tHENCE. SbO\\':I 11 t.le9reea. \ 1 mll1\J~e!t. S! setondS W~8t.b dl~tdnce oj. 28.52 feel to I] poltlt fQt c6rnet-; said point beih, itl lhe "~rth Iitle of 'ibid Lo\ 2. toid pbtrit ol!o b~inq it1 the ;outl\ I'n~ of 90id lot 13P.~ tHENCt.. SO\J\h 89 de9re-et. 1.1 ",,\flute'. 32 seeondli E.sl. 010"0 th~ horth I\n~ of sdid \..0\ 2 ClI1d the lSo\Jlh line bf ,.ld to'. \ 3R. a o\BtO"~.t df 21.12 feet to o ~,dlrt\ tor r:l)rn~t; said poil1t bttlnq \til~ northeast tom~r ot ~oid Lot 2; . tHENct. SCll.llh 00 dl:tqreet. 56 mlh\ltJs. 42 setoncb ~t!lt. along thf? edst line of !o\d Lt..t 2; ot 0 dlstOnct! of 47 2!; feet po~slnq thl! ,b\J\l'l~rnrr\o~t cor""er df !old Lot 13P ahd bei~q ir' \h.!o wett line of Pebble Hin.j Plantation Es\dte'3; l:orl\l"uin~ oli)ng 'he ~dsl line (If 'oid Lot. 2 and the 'lNe$\ lif\e of Pet'b'~ Hills Plor1\d\lon Ettbt~'5. in till 0 dl~\d,'ce of 1016.10 f~e\ to the POINT OF 9EGINNINC; CQN1'AININ(j 942. '9. sqlJt.:Jre fl!e\ or 2\ .630 oc.tes of lond. t'nt:.re or less t]~t · ~i ,J ~Ir .. .~.~.~ ll[.. It \ . '. \ I liillll . . l:;;lrl a _..a. If I -.5.. wi).. 1& ~ i ~~ II' ~ l ~tili>> · I 1- ~ io t liillli- a i I - a- t ;lig Ii . -.- " S\~ .. i ~Ib!; I "J~J~a~ I I!J -~ hi=r I is .... . if! i II ,.. i~ ~ G " ill .~ "I.' II tt · l. lit 't fP~ ~Ii' li..~ I E' I I r r ~ -;c~~ - _ ---~ ~.. , ~~ ~ r;; ~l ;;0 ! ~ Il~'i ~ ji ~ 1~ I r - z 'I~~!~ ~ i'h'lJ)c; ~ ~'~"E ~ ~~ ~ Ul:i~ ~ ... ~ From: T.H.PRfrCHEff H PHONE No. 97245473739724841230 jan.04 2000 1:21~1 Pel T. H" PRITCHETT I A6sociates LAndscape AtehitecIunu DtWgn and SItt1 F'fIlnntng 3017 WNtminlMr~ F."".m Brandt. TeKN 762$4.7fHKJ 0ffkJtt, ftn-4"4-r,.,3, Fax. &72-4.4-12.10 January 04. 2000 (:>~~ Mr. ,.._.~ ~7~ City of CoNeyvn.. Re: Cate Z.99-071 Veraa",H Eltatet PUO.R Tract on John Meo08in WMt of Pebble Hut PlAntation This 4fMter il provk*S refated to aevera' iteme pettainl"91O the alt8Ched 19Uer. I would Sike tN; attac::hed letter be /ncJudM In the City CouncIl pacKeI$ fOr this Tuesday night. Please call if thet$ is a problem ao we C8n haw it BYa6table at 8 handout if the Iett8r is not In the pad<.. PIa.. call with any other queltiona. $incer$Iy, ~ Site PI8nner ee. Meri( Gottfredson, Owner From T. H. PR ITCHETT H PHU~E No. 97248473739724841230 Jan. 04 2000 1:22PM P01 T. H~ PRITCHETT I Associates 1..IInd~ ArchiIecfural Design and SIte Pfenning 3011 w..tmIn_ Dtfve ,.,....,. &.ncIt, T.,....75234.7860 CMfGlt, 972-4'4-1J173, ""w, D72."14.1230 January 04. 2000 Mr. ~on HuIband o.veIopment CootdinMOr City of C~ Re: Caae Z-9Q..071 v......... e-.. PUD-R Trad on John MacCein weel of Pebble Hill Plan&ation At th~ time the eppIicant would like to make lWeiable to the City Council the follOwIng information. ZONtNO CHANGE SUMMARY As a summary, the Zonmg change requested and deSigned has the fu\1 support of the Pebble Hill HomeowMr$ Associ.ion. Mr. Lance Brown hes informed us that the fufl membership has voted unanimously to f8vor the V8f'SElillel!l EBtatH project as planned and submitted We have discussed the GraSS Crete euraces with them further but the plan a8 submitted hH agreement of the NetghbOmOOd. With this in mind the applicant would like the consideration of lhe Zoning change to relied that of the neighbort1oOd that is in aggreemenl The motion made and voted on during the last meeting we feat would al50 be acceptable to aD partiM. After reviewing tho ptan egein during 1M last two WMka with the City Council and HOA. we nat& dil5C\J$MQ $&Vera! o\pion~ \hat we fee\ mtfeaw the quality amJ safety of the development further. We have included several Of these itema listed in the motiOn below. MOTfON FOR cnv COUNCIL 10 CONSIDER Noted below is how the zoning change motion would reed to satisfy atl comments and concerns and agreements. MotIon 1. Make a motion that the zoning request, veraames Estates PUD-R. Case Z-99-071, as submitted. including a road waver for the 24' wtdct fire aooess road be approved. And that tlU buikf.ng8 in the d8V8IOpm8nt have fn sprinkter tyIt8mS installed and require fire resistant rOOfing matOf'iat8. And that tho develOpment be a gete<t community. And that there be 8 bridt (hand laid. common brick) waU, consttuc:ted from the aoutheast comer of 1ol1 at John McCain Road goitlg north SOO *t ~ 8 feet high, ar.d going fur1her north. stong Trianon Court r.o.w.. 410 feet. be 7 feet high, unless the Qdjacent ovmers want it to be 8 feet hf9h, and be buIlt as part of the develOpment. ftnd the roa<tway surface of Trianon Court IJhatl b9 no dO$9f than 10 feet from the wett to allow for IMd8c8pinO and buffer plentinga. From T.H.PRITCHETT A PHONE ~b. 37248473733724841230 Jan. 04 2000 1:23PM Pel Page two: The applieant would .,~ like tho City Council to undet'8tend that if the City Council decides (0 rQqu~~ a gr-an arete flf$ ~ road end brick W'o-6lkwoy'incoIudod with*n thc:rWid\t1 !:I'-61h., rlOllh cido of tho fako we. would support that motion to achievo tho z:~ request. MGtIon 2. Move that the zoning requeat, V__m.. Eatalea PUD-R., Case Z-99..071 , as submitted with the incIualon of an alternative 8Uff4M:e aimiler to Uni-graH for the fin~ uccns roadway along tM north aide of the tako bo approved. And that lilt buildings In the dewIopment hav. fire tprintder syatoms in&lahd an<t require fire reslsteN rooftOQ mat.i_. And that the development ~ a gated oommt.mity. And that thoro be a brick (t81d laid, cormnon bridt) waI', eonsttucted from the 80UIheast aomer of lot 1 at John McCain Road going north 500 feet be 8 feet high, and going fuf1hernonh, along Trianon Court r,o.w., 470feet, be 7 feel high, unJ$ss the adj8cent owners want it to be 8 feet high, and be buitl filS part of the dV'veIopnent. And the rOltdway surface of trienon Court shaff be no closer then 10 feet from the wall to attaw for 'andsc8ping and buffer pl8f1tinga. The applicant would also like the City Coood' to understand that if the City Council decide$ to require .. paved fire 8CXleSS road on the norlh Bide Of the lake we would support that motion to eemeve the zoning request. Motion 3. Move thet the zoning f8qUeSt, V8fS8iUes Estates PUD-R, Case Z-99-071 , 88 submitted with the inclusion of a 24' wide fire access roadWay along the noI1h siele of the lake be approved. And that afl buildings in the developMnl have fire sprinkler systems installed end require fire resistant roof"mg materials. And that the deve10pment be a gated community. And that there be a brick (h8f'ld laid, common brick) waI', constn.&cted from the southea~ co"'* of Jot 1 at John McCain Road going north 500 feet be 8 feet hign, ana going further OOI1h, QIong Trianon Court r.o.w.. 470 feet, be 7 feet high, lries8 !he fldjac;ent owners want It to be 8 feet high, aM be built 88 part d the deV8Jopment. And the roadway surface of Trianon Court shall be no closer than 10 feet from the W8lllO allow Cur 1w1dscaping Wld buffer plentings. Thank you for 1he conaider8lion d each d theM It8mS ina vote. Sincerely, -~ Site Planner CC. Mar1( Gottfredson. Apptk:ent City of AGENDA BRIEFING J]~ TexaS DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: 0-99-1192 - A Zoning change requested by Davi Hannah, from PUD-R for a nursing home/assisted living center use to PUD-R for single family residential use on 11.958 acres located on the north side of Glade Road in the 1300 block. MEETING / AGENDA # 01/04/00 /~ 12/21/99 / 12/07/99 / January 04.2000 - Tabled 12/21/99 Update The City Council tabled this item at its December 21, 1999 meeting. The Council discussed the timing of this development relative to the city hall/justice center complex projects. December 21. 1999 Second Reading and Public Hearing - Ordinance 0-99-1192 December 07. 1999 First Reading and Public Hearing - Ordinance 0-99-1192 Backoround David Hannah, with Riverwalk Development, is the owner of an 11.958-acre tract of land located on the north side of Glade Road, just west of Bluebonnet Drive. The property is also located at the northeast corner of the future Riverwalk Drive. The property owner has submitted a zoning district change application for this property from PUD-R for a Nursing Home/Assisted Living Center to a PUD-R for Single Family Residential. The request includes 32 single family lots, ranging in size from 6,001 to 7,845 square feet, and 1.533 acres of office uses at the southern end of the property, adjacent to Glade Road. The office area would allow for up to 16,000 square feet of office space, with associated parking and landscaping. The calculated density is 3.01 dwelling units per acre. (CONTINUED) C~~ CITY MANAGER FINANCIAL REVIEW (IF NECESSARY) Ie.., 0Ifg2E.t'4 ('/ 111, Agenda Briefing 0-99-1192 Page 2 The following table shows the differences between the PUD-R requirements and the applicant's revised proposal. The deficient areas are shown in boldlitalics. THE BRIDGES AT RIVERWALK ZONING COMPARISON Category PUD-R Applicant Proposal 1. Minimum Lot Size 13.000 sq. ft. 6,001 sq. ft. 2. Average Lot Size 16,000 sq. ft. 6,479 sq. ft. 3. Minimum Lot Width 1 00 feet 56 feet 4. Minimum Lot Depth 120 feet 106 feet 5. Total Open Space Required 20% (2.12 acres) 30.9% (3.280 acres) 6. Residential Open Space Required 20% (1.82 acres) 24.58% (2.233 acres) 7. Commercial Open Space Required 20% (13,356 sq.ft.) 68% (45,600 sq.ft.) 8. No. of Lots on Cul-de-sac 12 lots n.a. 9. Front building line 30 feet 15 feet 10. Side building line 1 0 feet 2 feet / 8 feet 11. Rear building line 25 feet 10 feet 12. Maximum allowable non-residential uses 10 acres 1.553 acres In order to make the office area compatible with the residential area, the developer proposes to construct 7 -foot and 8-foot tall masonry wall sections between the areas, on either side of the street. The developer also proposes to add a security gate across the proposed street to prevent the traffic leaving the office area from traveling through the residential area. The gates would be operational in that residential traffic could travel through the gates. and an Opticom system would be installed to allow emergency vehicles to use the gates. Alternatively, the applicant could provide a fire lane access through the office lot to provide a gated secondary emergency entrance into the residential area. A similar design exists in the new Monterra subdivision, just south of John McCain Road on Colleyville Boulevard. The subdivision is not proposed to be a gated community. The Development Review Committee discussed the proposed zoning change and forwarded comments to the applicant requesting that the exhibit be redrawn to conform to the PUD-R requirements. The applicant requested that the proposal be forwarded to the City Council for consideration as presented. Both the DRC review letter and the applicant's response letter are attached for the Council's reference since the applicant is requesting many waivers from the PUD-R requirements. Agenda Briefing 0-99-1192 Page 3 The developer would be responsible for all public improvements to the property, such as water, sewer, streetand drainage improvements. The developer would also construct a portion of Riverwalk Drive and his share of the hike and bike trail system that affects this property. The developer is also requesting special consideration for the interior sidewalks in the development. The Statement of Planning Objectives states the developer's desire to construct a 5-foot wide sidewalk on one side of the interior street. The Subdivision Regulations require sidewalks on both sides of the street. MASTER PLAN ISSUES Below are excerpts from the Colleyville Master Plan that relate to the issue of housing and the Town Center area. The Plan establishes criteria for "alternative housing" such as town homes and garden homes with smaller lots (Issues 1 and 2). The Plan also states an objective to include residential areas within the Town Center area (Issue 13), though no specific location is designated on the land use maps. One of the issues before the Council is whether this zoning proposal substantially complies with the goals and objectives of the Master Plan. Since the Plan does not create specific criteria for the location of residences in the Town Center, staff evaluated the proposal with the assumption that the entire parcel should develop as non-residential uses. ISSUE 1: HOUSING QUALITY AND LAND USE Goal: Maintain current level of housing quality and density. Objective: Overall density for residential development should be compatible with existing neighborhoods. A guideline of no more than 1.8 units per acre should be adhered to in most situations. Town homes and garden homes that exceed 1.8 units per acres may be acceptable in areas that meet one or more of the following criteria: a transition area between commercial uses and less dense residential, near major street intersections, smaller parcels that make less dense development economically difficult and sites with unique topographical features. ISSUE 2: ALTERNATIVE HOUSING There is a desire for a limited number of upscale town homes and garden homes on small lots designed for easier living. The quality of construction needs to be compatible with the existing and proposed single-family housing standards. Goal: Allow the development of upscale town homes and garden homes within the city limits ofColleyville. Agenda Briefing 0-99-1192 Page 4 Objective: Establish PUD-R guidelines for town homes and garden homes development. Objective: Ensure that such developments are only located in areas that meet the criteria in the objective under Issue I. ISSUE 13: TOWN CENTER Colleyville has a beautiful, new community center on a nine-acre parcel ofland initially designed to also include a library and city hall. This is the ideal area for the center of Town to include a library, city hall, restaurant and distinctive shopping area. Goal: Develop a center of town at the southeast corner of Hall-Johnson Road and Colleyville Blvd. that will serve as the catalyst to accelerate the development of the city's commercial center. Objective - Encourage a residential area of single family residences. The Planning & Zoning Commission conducted public hearings, considered this zoning district change at its November 29, 1999 meeting, and recommended approval by a 5-2 vote (Edwards and Tyler opposed). The Commissioners comments included the following: the proposed use is better than the use allowed under the current zoning; the Master Plan recommends residential development in the Town Center as transition areas; there is a need for this type of housing in Colleyville; and the project does not fall within the City's residential development and density goals. Recommendation: Denial of Ordinance 0-99-1192 ORDINANCE 0-99-1192 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 11.958 ACRES,OUT OF THE J.M. LOONEY SURVEY~ A-936, FROM THE PUD- R DISTRICT (NURSING HOME/ASSISTED LIVING CENTER USE) TO THE PUD-R DISTRICT (SINGLE FAMILY RESIDENTIAL USE); PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning change was filed by David Hannah, Riverwalk Development L.L.C., on October 14, 1999, under Case No. Z-99-074; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT. the Master Plan. the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville. Texas, described by metes and bounds (Exhibit B). by changing the zoning of said property from the PUD-R (Nursing Home/Assisted Living Center use) district to the PUD-R (Single Ordinance 0-99-1192 Page 2 of4 Family Residential use) district, together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C) and the statement of planning objectives (Exhibit D); and subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 3.01 dwelling units per acre, and office development comprising 1.53:t acres b. This property is subject to all the regulations contained in the Colleyville Zoning Ordinance, Subdivision Regulations and other land development ordinances, except where amended by this ordinance. 2. PERMITTED USES a. Single family residences, detached b. Parks and open space c. General office uses and uses allowed in the CN district 3, RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Minimum Lot Size 6,001 square feet b. Average Lot Size 6,473 square feet c. Minimum Lot Width 56 feet d. Minimum Lot Depth 1 06 feet e. Front Building line 1 5 feet f. Side Building Line 2 feet / 8 feet g. Rear Building line 1 0 feet 4. NON-RESIDENTIAL LOT REQUIREMENTS AND SETBACKS All non-residential lots shall conform to the minimum standards of the eN Neighborhood Commercial zoning district. Ordinance 0-99-1192 Page 3 of 4 5. OPEN SPACE a. This development shall provide a minimum of 24% common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Zoning Ordinance. All open space areas shall be landscaped. b. The office development landscaping shall conform to the landscaping requirements contained in the Zoning Ordinance. 6. SCREENING a. A screening wall shall be required between the office and residential areas. The screening wall shall be a minimum of seven (7) feet in height, and shall be constructed of brick or stone. The wall shall be constructed along the south property line of the southern most residential lots. b. A screening fence shall be constructed along the property's frontage on Glade Road and Riverwalk Drive. The screening fence shall be a minimum of six (6) feet in height, and shall be constructed of a combination of brick, stone, and/or wrought iron. 7. SECURITY GATE a. A security gate may be constructed across the proposed street in the subdivision. The fence shall be located near the south property lines of the southern most residential lots. The gate shall be constructed to allow vehicles to travel through the gates. An Opticom system shall be installed on the gates. 8. SIDEWALKS AND TRAILS a. Sidewalks on the interior street shall only be required on the east side of the street. The sidewalk shall be at least five (5) feet in width. b. The developer shall construct the portion of the City trail system adjacent to this property. The trail shall be constructed along this property's frontage on Glade Road and Riverwalk Drive. The trail shall be constructed according to City trail standards and specifications. Ordinance 0-99-1192 Page 4 of 4 9. PLATTING a. The developer shall submit a final plat of the property in accordance with Section 2 C of the Colleyville Subdivision Regulations. The conceptual site plan attached as Exhibit C to this ordinance shall constitute the preliminary plan. Sec. 2. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,1999. day of The second reading and public hearing being conducted on the day of , 1999. ATTEST: CITY OF COLLEYVILLE: Jean Harris, CMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney I I I I I , I I I L - ., . ' ~.~-:"{?liw:O:" C;;.~.r:- -T, "I~~,: r;;Ii;o" .~~ ~~ -.":"e _~i. eN <I ;..-~' ~ t. · =; r.. .0- 'n rA . I ~ olI!I' I ". ... .......-.. :' ... _'r; __ -. ~ I I · .~.. ...:.,i ~.;; s ~~ I - i. . .. _ _ ~ V/ /~.. Co. ! i · I ~ \ : )u .a · I . ....~ . _.::'1 1\....... 9?:' \. / I,) ...." -It ~ · - · ~- ~- ;'; . , '" t 10'-, riI'"-' . .. .;:.. t rl ~~ ..,.-':11 ;:' ,J.~ t......... ':". It f'f1J~uEIC~ -'-. AH" ~II ~ . ~......~.. u ::.': -- r r!: ~. It - ...-... I ~ .. _ a IH>- ... . .. 'Bb~ I ct$'O , - ,;;- ~. . .'~' '-I · a .. )II ~ :'-':;;1* . - ~~ or: ~ ~S A .. :., j) cii!itj~:' ~.;,:: . ~~ , ~ J IjLl~. - I ~u.~_. ~ 3. ~ . _ _I' " ,., ,A .. ft._. . U.. _ .~ 111 . l- : a riP' ' -J, ' . ,~ 1 · SIlIlJi1Sf · · · n ~~~ -.c i -,""~ ~ v ~. ':~~ il;li:/' \' \~ ... ~f) ~ t:L~ ~ ,: ~~1:AIIii' 1..... 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I T ~I ..~ ' II - .. I · . - . .. . I - 410' ~i- '- ,. 7 --!J- I 15 . "-- . I. . I_ I. I) I. - ...-. Legal description All that certain tract or parcel of land situated in the J. M. Looney Survey, Abstract No. 936 and being described in the deed to Donald D. Huffmaster and wife, Janet L. Huffmaster as recorded in volume 6911, page 1894 of the Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows; Beginning at nail found in asphalt for the southwest comer of said Huffmaster tract and being by deed call west at 829 feet from the southeast comer of said J .M. Looney Survey; Thence North 00 degrees 00 minutes 46 seconds West with the westerly boundary line of said Huffmaster tract, passing a 1/2 inch steel rod found at 17.20 feet for the southeast comer of the tract described in the deed to Herman J. Smith as recorded in Volume 8189, Page 1114 of the Deed Records, Tarrant County, Texas and being in the right of way line of Glade Road (County Road 3036); Thence North 00 degrees 00 minutes 46 seconds West a distance of 1334.13 feet to a 3/4 inch steel rod found at the northwest comer of said Herman J. Smith tract; Thence South 89 degrees 29 minutes 02 seconds East with the northerly boundary line of said Huffmaster tract and generally along a fence line, 389.97 feet to a 1/2 inch steel rod found for the northeast comer of same; Thence South 00 degrees 04 minutes 26 seconds East with the easterly boundary line of same and generally along a fence line passing a 1/2 inch steel rod found at 1315.21 feet in said northerly right-of-way line, continuing a total distance of 1332.51 feet to a nail found in asphalt; Thence North 89 degrees 43 minutes 23 seconds West, 391.38 feet to the Place Of Beginning and containing 11.958 acres of land, more or less. Exhibit B - Metes and Bounds Description .,1 "I a,1 dl .jl II": - ._ 0- ._ 0- '_-I!..!..'-!...~ jl!..j 1~1!-'~1!..11!.."i1!..1'~ _"_"jl_i~-"'ir ~I-"j'-il-i i!..."iI!..-2:~~!..li!: 'l~..:a....~!"-"j~ '-11-1'-"-."-"-1'-11- :;1-=11-.1-.1-.':';1-.1_,1 l_il_i''':~'-''iJ-:1':-il_i 1-: :j ~~ ~-:. ~ ~i~-i~-:I!.."j-!..~~~~ , _,__ ._,._. _ ._,l,--,j~ -I _,I.,. _,'_,1_1 -I -, ~i'-i'-I~i 1_,1_11_,1_1' _~'f~~-~~ ~~.' _~~-r-:E_~"j-~~I- I_jl_~""'-''jt_- i-~~I-!...~~:-'~ L!.~il~TI~~'"j-~!. .l!..-"i!...-,;"\.~~ .!..-i!..-.!..-i!. !..-: I ~-;I!.;~I~-:I!..-;I!.."'; '~I!.!..:i ~II- :; ~ I li~ II Ii IIII i ~ 'i l } IIII f i ' .1. I 111&1=17ii '~ IIII i. !~IIII!f. !:f 111~16 it I 1 it 11@1 I 1111'1111 P. 1=11 !I il;; liIU~~ III II - II :I! .! .III! Ii ill Ii hi!. ~ ,. !! ~ I ita HII.. S. 11,,1 SSIi III ------- ii gl ~ III I!;! ~ ~!ii I IliR \ !i ,i 'i1i Ifll P '11 , : . t, III" I. II. Ii~ i! !!It, H Ib ,. II "I' . II Illb " !:!:!:ij t i i ; 5i Iii. loll i' ~ I · .... '.:i -I .. i B. I i !II :1 Ii ~II I I i ~Ii Iii i II.! I! I.. I I. · I" Ii I I I ... ~ :: i !l ~ !Iilll i~ i ;~i I hili g'.. it!. Lr J : ~ ty I -ltJU f di Ihi IIII .. '\:/' r. ~ i t ' I 'I ;'!iI I;I~ The Bridges at Riverwalk Proposed PUD-R Single Family Development 11.958 Acres (11.803 ac net of existing Glade Road ROW) Glade Road at Riverwalk Drive CoUeyville, Texas Statement of PlanninlZ Obiectives . To focus on a demand in Colleyville for an upscale, single family environment emphasizing small, low maintenance yards, a central location, elegant amenities and homes in the 2,100 to 3,000 square foot range. The identified market niche is expected to be primarily empty nesters and dual and single income. professionals who want smaller square footage residences but who at the same time want uncompromising quality. Many presently live in Colleyville in larger homes. Others would like to move here but the desired product does not currently exist. The attendance impact on the school district is expected to be negligible. . To provide a small lot, low maintenance residence while retaining the single family, detached environment. The Homeowner's Association will maintain all Common Areas as well as the right-of-way and front yard of each residence which will give a quality, coordinated look to the street winding through the subdivision. Homeowners may have very low maintenance yards by the type plantings selected for the small remaining portions of the lots. It is expected many homeowners will contract with the Common Area landscape maintenance company to maintain their entire lot thereby providing a zero maintenance option. . To utilize the drainage that traverses the length of the property as an amenity and to develop it in a natural and aesthetically pleasing manner. It is the intent of the development plan to give a feeling of openness to the subdivision and to promote an active lifestyle. Pedestrian activity and flow is encouraged by providing one five foot wide sidewalk along The Bridges Drive which will tie into six foot wide sidewalks in the public ROW along Riverwalk Drive and Glade Road. . To contribute to the "Riverwalk" concept and provide a residential, upscale southern entrance to the Town Center property to the north. The perimeter fence along Riverwalk Drive will be primarily wrought iron with brick or stone columns which will provide enhanced views of the Waterway from the landscaped walkway winding along the public ROW. . To add upper-income households to the immediate Town Center area. Proximity to the planned Town and Civic Center and to the Village of Colleyville is viewed as a marketing plus for ,the community. 10/14/99 Exhibit 0 - Statement of Planning Objectives The Bridges at Riverwalk Statement of Planning Objectives Page 2 . To provide a residential development that addresses the Issues and the Goals and Objectives of the Colleyville Master Plan adopted September 15, 1998: Issue 13: Town Cen~er. . The third Objective is to "encourage a residential area of single family residences". Issue 2: Alternative Housing. "There is a desire for a limited number of upscale town homes and garden homes on small lots designed for e.asier living. The quality of construction needs to be compatible with the existing and proposed single-family housing standards". Issue 1: Housing Quality and Land Use. Objective: "Town homes and garden homes that exceed 1.8 units per acre may be acceptable in areas that meet one or more of the following criteria: a transition area between commercial uses and less dense residential, near major intersections, smaller parcels that make less dense development economically difficult and sites with unique topographical features". The Bridges at Riverwalk site meets all of these criteria. . To comply with objectives outlined in the Colleyville PUD Ordinance to "permit flexibility to encourage a more creative, efficient, environmentally pleasing and aesthetic design", and "considerations of special site and topographic features". The applicant notes this zoning request, if approved, would amend PUD-R zoning for a nursing, assisted living and retirement community of up to 272 units. Development Schedule The developer expects to commence land development as soon as the approval process has been completed. It is expected land development and the construction of homes should be completed within 36 months of approvals. . Proposed Ownership Lots to be sold to individual builders/buyers. All Common Areas will be owned and maintained by the Bridges at Riverwalk Homeowner's Association. Utilities Water, sanitary sewer, storm drainage, electricity, gas and cable will be provided to each lot. All utilities will be underground. Necessary easements to be provided on the plat. 10/14/99 Exhibit 0 - Statement of Planning Objectives Addendum The Bridges at Riverwalk Development Plan Details 1. Street ROW. Developer agrees to dedicate 35 ft of ROWand to build to City standards one-half of the proposed Riverwalk Drive. Developer also agrees to work with City staff on improvements to and ROW for Glade Road as it abuts the proposed development. 2. Sidewalks. Developer proposes to build 6 ft wide, winding sidewalks along both Glade Road and Riverwalk Drive which will then become part of the City's proposed Trail System and which will provide pedestrians enhanced views of the- series of small lakes set in the development's landscaped Common Areas. 3. Pedestrian Traffic. Bridges Drive is proposed as a 31 ft street in a 50 ft ROW. The development plan proposes to move the street slightly to the west within the ROWand build one 5 ft sidewalk along the east side of Bridges Drive. The Planning Objective is to promote and channel pedestrian activity with the wider sidewalk and to increase landscaped open space. The Bridges Drive sidewalk will tie in nicely with the 6 ft wide walkway along Riverwalk Drive. Residents of the development will have a one-half mile circle they can walk with excellent views of the Waterway without having foot traffic immediately behind any of the homes. 4. Setbacks. The development proposes a 15 ft front setback for homes with a "side-swing" garage entry and an 18 ft front setback for homes with a front facing garage entry. A mix of side-swing and front entry garages is desirable aesthetically and will be encouraged. Enhanced trim will be required on all garage doors. A 10 ft rear setback is proposed and homes will be a minimum of 10 ft apart on the sides. A few lots have 5 ft setbacks and the majority have 2 ft setbacks on one side and 8 ft on the other. This encourages a "courtyard" design for the homes. Windows are not permitted on the side of the home with the 2 ft setback which then serves as the privacy wall for the courtyard of the adjacent home. The advantage of a 2 ft setback over a "zero lot line" is it allows for roof and gutter overhang and provides room for. underground piping of roof runoff where needed. Maintenance easements are granted for each home. These setbacks are typical of low maintenance, small lot plans and are very attractive with appropriate landscape plans. S. Minimum square footae:e requirements. Single-story homes - 2,100 ft; Two-story homes - 2,000 feet on the ground floor. It is expected most homes will be in the 2,300 to 3,000 square foot range. 6. Open Space. The development plan has 26% Open Space which does not count any or- the 50 ft ROW for Bridges Drive or the ROW dedication for Riverwalk Drive. The drainage channel will be a series of small lakes typically expected to be 25 to 50 ft wide and created by appropriately spaced weirs or small dams. The 5 year flood will be contained within the "lakewalls" and the 100 year flood within landscaped berms. Box culverts at both Bridges Drive crossings will be faced with stone and, from many viewing angles, be reflected picturesquely by the Waterway. The development plan provides significant open space interspersed throughout the development and the plan encourages pedestrian traffic and provides dramatic views without putting pedestrians immediately behind any of the homes. 20 ft landscaped buffer zones have been placed at the north end of the development and along Glade Road. A 15 ft landscaped buffer has been provided to shield the two lots with sideyards adjacent to Riverwalk Drive. 10/14/99 Exhibit 0 - Statement of Planning Objectives C lty Of AGENDA BRIEFING TIC6 Texas \. 0-99-1193 - Zoning change request of David Bagwell, from R20 to PUD-R and to amend Ordinance 0-99-1153 to include this 50.424 acre trac located in the 800-1000 block of McDonwell School R . ~ \. " / MEETING / AGENDA # 01/04/00 I ~ 12/21/99 / 12/07/99 / ./ January 4. 2000 - Tabled 12/21/99 Update Attached is a copy of a letter from the applicant officially withdrawing his rezoning application.. The City Council tabled this item at its December 21, 1999 meeting with changes to Section 4F, indicating that there be no connector road from McDonwell School Road to John McCain Road. The attached ordinance has been modified to reflect this change to Section 4F. Notices of the January 4th meeting have been mailed to all property owners having frontage on John McCain Road and to all the owners of property in the vicinity of the Monticello Subdivision. December 21. 1999 Second Reading and Public Hearing Ordinance 0-99-1193 David Bagwell has submitted the attached letter requesting the City Council to "table" this rezoning case until the first meeting in January. Recommendation: Staff recommends that this item be "tabled" until the first meeting in January. December 7.1999 First Reading and Public Hearing Ordinance 0-99-1193 David Bagwell is the developer of a 50.424-acre tract known as the "Yazhari" property located on the north side of McDonwell School Road, near the Remington Park subdivision. The developer has submitted a request to change the zoning for this property ^ <K- ~U/ :~a~-l"'- c: ~ ~ DEPART ENT HEAD CITY MANAGER FINANCIAL REVIEW (IF NECESSARY) w... ~2EJM tv 1111 Agenda Briefing 0-99-1193 Page 2 of 3 from R20 to PUD-R. During the initial public hearing process held by the Planning and Zoning Commission, the Commission discussed with the applicant the advantages of including this 50 acre parcel with the "Glenwood" PUD that was approved earlier this year for the purpose of keeping all the regulations similar within the development. The developer agreed with this concept and staff subsequently notified all property owners having property within 200 feet of the original Glenwood PUD to advise them of the proposed rezoning and the amendment of the Glenwood PUD-R to include the 50.4 acre tract. Included as Ordinance 0-99-1193 is the proposed rezoning ordinance which will amend the Glenwood PUD ordinance approved earlier this year. The text shown in bold - underlined-italics is new language, whereas, the text with strikethrough will be deleted. The text that remains unchanged is exactly as the PUD ordinance is worded that was approved by the City Council for the Glenwood project in April 1999. Due to the magnitude of this development, the developer requested a waiver from the requirement of submitting a preliminary plat of the property. The developer indicated that it would require considerable engineering review and expense to prepare such a lot layout without knowing if the major street would be required between McDonwell School Road and John McCain Road. The attached PUD-R ordinance includes exhibits and language changes to adopt the plan as a conceptual development and requires submittal of both a preliminary plat and a final plat at an appropriate time in the future when the decision has been made regarding the Master Thoroughfare Plan changes. The following is a summary of the major items associated with this zoning change and preliminary plat application. 1. Master Plan. The proposal is consistant with the Master Plan, which indicates residential uses for the property. 2. Development Trends. This area is experiencing moderate development. A new city fire station has recently been completed and another phase of Remington Park is under construction near this development. 3. Infrastructure. The developer will construct any necessary utilities in this area to adequately serve the proposed development. Some utilities are in place, such as a new above ground water storage tank. 4. Current Zoning Suitability. The surrounding zoning is compatible with the proposal. 5. Pathways Plan. This property is subject to the provisions of the Colleyville Pathways Plan and the developer will incorporate the trail system into the open spaces of the development. The trail will be shown on the preliminary plan drawing. Agenda Briefing 0-99-1193 Page 3 of 3 6. Master Thoroughfare Plan. The current version of the Master Thoroughfare Plan does not show a collector street extending through this area. However, it appears that the Keller I.SD. may locate a new elementary school within this development near John McCain Road. All of the proposed Glenwood development will be located in the Keller I.S.D. service area which will require all school traffic, including school buses, to travel in a westerly direction once picking up or delivering children in this neighborhood. Staff has recommended that the Master Thoroughfare Plan be amended to include a major street collector through this property that will connect Precinct Line Road with S. H. 26 using McDonwell School Road and John McCain Road. The attached ordinance includes a conceptual route for this street collector and requires the developer to provide the necessary right-of-way. 7. Open Space. The PUD-R zoning regulations require that 20% of the land in the development be dedicated for open space. The proposed ordinance includes this requirement and the developer has agreed to provide this amount of open space when the plats are submitted. The developer has requested that the right-of-way for the major street collector be included with the calculation for the open space. Staff agreed with this approach as the street is not a requirement on the Master Thoroughfare Plan at this time. Recommendation: Approval of Ordinance 0-99-1193 to rezone the 50.424 acre tract from R20 to PUD-R and to amend Ordinance 0-99-1153 to include this tract with the overall development. !~/j~/!~~~ ~~:j~ :':l4-jb~-114~ i)AV W ~~t:.LL t.,;UMr-'. ~A\X. tj.l. FACSIMILE TRANSMISSION (# pages InclUOlng "IS one: ~) TO: Barry LeBaron cc: Bob Stripling FROM: David Baawell David Bagwell Compsny DATE: December 30, '999 Please accePl this as notification thal the David Bagwetl COmpany, applicant fOf' rezoning the 50 acre Yazhari property on McOonwel School Road ,withdraws its application for PUD-R zoning case Z-99-063 . Our purchase contract with the owner 01 this property has lapsed, and we have been unable to extend the comract according to the prtM0u5 terms and condlttons to allow the completion of our rezoning and platting 9ffoI!s. The owner 1$ willing to sellhe property now only at a higher pnce, dting the passage of a subStantial amount of time since we first contracted to buy it subjecl to satisfactory ~onfng and platting. The owner's new asking price is considerably above what we beli8\M IA f8uible fa'this propertY, and we have been unable to persuade them otherwise. We wll continue for at IeaIt aahort time to pursue contracting to purchase and development the Valha1 property according to the R-20 zoning currently applicable to the PI operty. I regret thai our common efforts to resolv8 vartoua malters for the PUD-R zoning Of thiS property are tor naught. My panner Dale Crane joins me in expressing our apprlClatlon to you and to ttMt other mt!lmbers of YOll' department who have devoted time to thIS marter. I J)lan to write the City Council and the Planning & Zoning Convnission right away to Inform them of our withdrawal of Oll' application for PUD-R zoning on the 50 acre Vazhari property. And, I wm be available Tuesday nIghl to answer any quesUons that may arise in thiS regard Notwithstanding withdrawing our applicatiOn for rezoning the Vazhal1 property, we intend to continue pursuing a prelminary plan tor the Smith and Mormon ehvroh p~les. ThIs wit include, Of C0tR8, resoMng asatisfactofystreM plan far those proPertieS. including access as the P & Z and the City Counc" di'ect through those propel1ies from McDonweI School Road to John McCain Road. Thank you. ,. ORDINANCE 0-99-1193 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, TO AMEND THE OFFICIAL ZONING MAP BY CHANGING THE ZONING OF 50.424 ACRES OUT OF THE S. HARRELL SURVEY, A-798, AND THE H.L. ALLEN SURVEY, A-65, FROM THE R20 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT AND TO AMEND ORDINANCE 0-99-1153 TO INCLUDE SAID 50.424 ACRE TRACT WITHIN THE LIMITS OF THE GLENWOOD PUD-R; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, the City Council approved Ordinance 0-99-1153 on April 6, 1999 to establish the Glenwood Planned Unit Development for Residential purposes; and WHEREAS, an application for a zoning change was filed by David Bagwell, The David Bagwell Company, on August 13, 1999, under Case No. Z-99-063 to rezone approximately 50 acres on property adjacent to the Glenwood PUD-R; and WHEREAS, the purpose of zoning as set forth in the Zoning Ordinance and the interests of the citizens of Colleyville are better served by amending Ordinance 0-99-1153 to include the adjacent 50 acre tract and approving a new site plan for the proposed development; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such'hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, Ordinance 0-99-1193 Page 2 of 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT the Master Plan, the Zoning Ordinance and the Official Zoning Map of the City of Colleyville, Texas, are hereby amended by changing the zoning of the property shown on the location map attached as Exhibit A, and described by metes and bounds, as contained in Exhibit S, from the R20-Single Family Residential district to the PUD-R district and that said property is incorporated into the PUD-R established by Ordinance 0-99-1153. THAT Exhibit A of Ordinance 0-99-1153 is hereby amended to include the property described in Section 1 above and that the perimeter boundary of the PUD-R shall be as shown on the attached Exhibit C of this ordinance. THAT the terms and conditions contained in Section 1, Paragraphs 1 through 8 of Ordinance 0-99-1153 are hereby amended in their entirety to read as follows, and the addition of a new Paragraph 9. 1. PERMITTED USES The permitted uses allowed in this PUD-R 8Rall RavB tRrBB (J) laAB IoIS88 as iAaisatBs for the areas shown on the attached Exhibit C aAa tRB ~rimarJ laAa 10188 fer BasR arBa shall be as follows: !!:.-:'\rsa8 1.'\ aAS 1 Q Area 1 shall B8Asist ef contain single family dwelling units. LArea 2 shall seAsist €If a BRIoIf8A contain sinale family dwellina units. ~Area 3 shall 8S 8~ElA S~aB€l contain sinale familv dwellina units. d. Area 4 shall contain sinQle family dwellinQ units. e. Area 5 shall contain a reliaious institution. f. A public school may locate in any Area 1 - 5. 2. PLATTING & PHASING a. Prior to the issuance of any aBVBI8~mSAt buildina permits 9A tRS sIoI8jBet ~r;s~Bfty aAS as a BeFlaitisA te tRB sBv8le~mBAt ef tRS ~fS~Srxt). in Areas 1, 2, 3, & 4, the developer shall obtain approval of a preliminary plan and final plat of the property, which may be in phases. In approving the preliminary and Ordinance 0-99-1193 Page 3 of7 final plat, the City Council shall exercise complete discretion over roadway design, lot size, lot shape, building lines, set- back lines, open space, and all other aspects of the plat; provided, the approving body shall not approve anything inconsistent with the other conditions of this ordinance. b. The general limits of all phases of development shall be shown on the preliminary plan. Each phase shall be numbered to represent the sequential development phases anticipated. Any deviation from the approved development sequence shall require approval from the City Council. c. This development shall be subject to all impact fees In accordance with the Colleyville Subdivision Regulations. 3. DENSITY The average residential density over the combined acreage of Areas 1, 2, and 4 shall not exceed 1.8 dwelling units per acre. The averaae residential density for Area 3 shall not exceed 1.8 dwellina units "er acre. However. the density of any "articular "hase of develo"ment within this PUD-R may exceed 1.8 dwellina units "er acre. "rovided the minimum lot sizes reauired in this PUD-R are maintained. For "ur"ose of this ordinance. the total area of each "hase divided by the number of residential lots shall be used to calculate the averaae density. 4. STREETS AND SIDEWALKS a. No street intersection shall be allowed on McDonwell School Road which aligns with the McDonwell School Road/Remington Parkway intersection. Street intersections along McDonwell School Road shall maintain a minimum of 300 feet separation between centerlines. b. Sidewalks shall be required for all lots within this development, except no sidewalks shall be required in rights-of-way adjacent to open space areas where a sidewalk is proposed on the opposite side of the same right-of-way, unless the sidewalk is a reauirement of the Collevville Pathways Plan. Sidewalks in rights-of-way adjacent to each lot frontage or side-yard shall be constructed by the lot owner no later than the date of occupancy of the home on the lot. c. Street rights-of-way shall be a minimum width of 50 feet, except feF as follows: (1) single loaded streets Wl::tiSR may Ordinance 0-99-1193 Page 4 of 7 have a minimum 40 foot right-of-way width with a 5 foot utility easement abutting the unloaded side of the street; @ residential collector streets shall have a minimum 60 foot righ t-of-wa v,. and (3) cul-de-sac circle riQhts-of-wav adiacent to oIJen sIJace shall be a minimum ninety feet (90') diameter. d. All streets in this PUD shall be thirty-one feet (31 ') wide, exceIJt for streets with 60-foot riahts-of-wav which shall have 38-foot IJavement widths. All IJavements shall aM be constructed of five inch (5"), 3,000 p.s.i. concrete, exceIJt for streets with 60-foot rights-of-wav, or la,"-aer, which shall be constructed of six-inch concrete. e. The City's street design standards (tangency between curves, radius requirements, etc.) shall be waived, except that a minimum radius shall not be less than twenty-five feet (25'). f. There shall be no connector road from McDonwell School Road to John McCain Road. 5. DRAINAGE a. All drainage facilities shall be designed and constructed in accordance with the Colleyville Subdivision Regulations, and the minimum standards of the EPA and the TNRCC. b. It shall not be the responsibility of the developer to improve any off-site drainage structures or any other public facilities, unless reQuired bv IJaragraIJh a. above. c. At developer's election, pursuant to a grading plan acceptable to the City Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. d. Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e. drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent on to the other. Ordinance 0-99-1193 Page 5 of 7 e. In order to preserve trees, no pilot channels shall be required. f. There shall be no prohibition against regrading, expanding, and/or eliminating existing ponds and against adding additional ponds on the property in order to accomplish developer's storm drainage plan, as long as it otherwise meets City standards and is acceptable to the City Engineer. g. As approved by the City Engineer and the Collevville Park Board. City park land adjacent to the development may be utilized for storm water retention and/or detention purposes. 6. LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Zoning Regulations and Subdivision Regulations, except where amended by this ordinance. b. The minimum lot size in ^reas 1.\, Hi. this Planned Unit Development shall be 13,000 square feet and the average size of all residential lots iR :'\reas 1.^., 1 i shall not be less than 16,000 square feet. c. One side yard of any lot may be as narrow as six (6) feet, provided the total width of any two adjacent side yards shall not be less than twenty (20) feet. On lots with an area of less than 16,000 square feet, front yard setbacks may be twenty- five feet (25'), and rear yard setbacks may be ten feet (10'). On any lot 'Nit!;;! aA area SFeater tf:laR 1G,ggg s. f. that backs to open space, the rear yard setback may be ten feet (10'). d. Side yards of lots on corners which back to the back. but not to the side. of lots on corners may have a fifteen-foot (15') sideyard adiacent to the side street. e. The minimum lot width for any lot in Areas 1A, 1 B & 4 under 16,000 s. f. may be eighty (80) feet if approved by the City Council. . 7. PARKS a. The provisions of the Colleyville Pathways Plan shall be incorporated in the project. Pathways shall be designated on the preliminary plan and final plat in a dedicated public right- of-way. Pathways shall be constructed by the developer for each phase of development. Within each phase of Ordinance 0-99-1193 Page 6 of 7 development, pathways shall be completed prior to the issuance of any building permit for residential development in that phase. b. Each phase of development is subject to the park land dedication requirements contained in the Colleyville Subdivision Regulations. c. The development shall contain open space which totals twenty percent (20%) of the total area contained in this development as shown on Exhibit C. The City shall not accept the dedication of any open space until all environmental issues are addressed to the City's satisfaction. The developer shall submit to the City an environmental study, audit or assessment demonstrating that the property is in a condition which would allow the City to utilize the property for park purposes without expenditures to remove environmental waste or hazardous materials, that the property is suitable and safe for use as a park and is free from environmentally related problems. d. Tree mitigation is waived for Area 2. e. A 72.5-foot greenbelt setback shall be provided along the north side of McDonwell School Road. Said greenbelt shall be consistent with the greenbelt setback in the Westmont Addition. 8. SIGNAGE a. Developer is permitted to erect at locations approved by the City Engineer entry structures with or without permanent signage (signage must comply with the City sign ordinance and be properly permitted) in the rights-of-way of perimeter roads at their intersection with internal streets not to exceed twenty-fi\(e feet (25') in height, i.e. in the sight triangle areas of such intersections, provided that said structures do not obstruct the view of traffic as determined by the City Engineer. 9. MISCELLANEOUS a. The removal of excess soil is permitted from this PUD-R in accordance with applicable codes and ordinances of the City of Colle wille and upon approval of a City of Collewille Earthwork Permit and/or a QradinQ plan approved bv the City EnQineer. Ordinance 0-99-1193 Page 7 of 7 Sec. 4. Sec. 5. Sec 6. b. Developer is permitted to make private any street in the development and to close public access to any street by means of a security aate in accordance with the minimum standards contained in the Collevville Subdivision Reaulations. THAT notwithstanding any other provisions of the Code, including Section 1-7 of the Code, it is the intention of the City Council in approving this ordinance that no provision or section is severable from any other provision or section. It is further the intent of the City Council that in the event any portion of this ordinance is declared invalid by any court of competent jurisdiction, then the entire ordinance shall be invalid. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,1999. day of The second reading and public hearing being conducted on the day of , 1999. ATTEST: CITY OF COLLEYVILLE: Jean Harris, CMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney . I. :~ - . - J 'J! .~ . L.-.: - 1--""'":,." bi~. ~li "'-:: I.. M I~ .... , Q _L -\.. , :., _'~c . '- \., "', -: A' ~\ r ";-~-j. .. .L t:.~-\- '. I ~ ~ . \~. .-,.-..- ~~~ ; .~:: I ~~~! d, _ ,V I~: ~""""l I -. ~ II i ...-::: r : t -- ':' ::. -: · s"'" - -vr' La... .:. '~.. r:' ; ; 'U~. _ ~~ @vi la..'":'".. . ""'" .-. I .~."_ 1& "=- V. i~< ~:;;~ - 'l,a. .- . I .... . ... .... _n " . I" ..1/0 .,. f i . l. II! - . !II , a G I: j'!! , ,; :1, i, . .. .--:/ · ril- .-.~ -.. \ \ &>0. I ...,\. ..lr pJlcl4 - "~,,.... ~.~o~ td"ell .~ ~J' - . \"'2 ",~rE ~=~_ I I' .. .;':;. .- :Or-. :':'l ;. -- ....- .:.-- ~ ~.. ':.-: .:.':" .:.~ i=-~II - .~ -- . ",,~ J: - .... _ liMO -:" .. , . . Ii _ .. -. -~ r=-: r,:;r .. .. -- ..::". .-; 'II ... ~~ 1.1 II .. .... ~ i. ~ ;, _ :""t',lr ~IJ"..' 1~. . . . E . !iiJu ~ . . ~ - M --..- ---.- ~ ~ ~~ N 1 .. .. Nt - I. : - ~ ~!~ , · · '( A.. .. . ; ; ;;1 · I. ~ · . ~ .' :. j I I I I I I I I j r I ,i , I I I " E~ ....~ .. ......... -- .. .. ....... .....' .. ... .. . . ! ! ~ --" ~~~,i . . . · . . . . . . . . fI - _,..... '. . . . 10_ . . . I. ! ! ,. J' ! . _ .... . " . . - ''I. I . . . . , , ;..~ "." ~:. ~.. .,' ~ . , 1__ _I.- !-JJL.......- - ------......~_...- ,~. .... ---. 5! I, . . . 11 . " . ..' =; '!- ")1......: ','.' . . . II .::., II! : . I: Ii , ~ ).. '\ ' I.' "'-!;SI ~ , ! ! ! & I ! ~ ~: . I .s::..... / . , . . . , · · .. ~~r' . _,_:_ _arr_ . . . . , . I,,~ .... . .r~ I .. ".. :.~, ~.e e ~ . . ~ . . . I! -. ! I . . . .. .... ... ... ( . \. '\ \ \ r', ',\ -"-= ~-:.~ . , . 'C -. ':.':' . ~ - (9 ......- I~~ ~ J. \III~ r..': "..1f JI.'l. I i I I I I I'-' ' J;L.. -. ...... . ::~~:. ':': ::''A I . . . . .,~ ,.:p .... -.. ... ..... . ~... ... . ..- .. .. . II. -- .... .. -.. I ... ,=~ 1J'.:r: ~: I _':: I' I '- 19B . ~ ~ ~u. So suir1,~ ,.- .. -. ~_o~ "'~~Q ,.-- .. ...-. I n .. ... ,:.:r . .. ,..- - II~ -. .-. .- .... . .. .... -, .-. ~ ---- ~ ..~eD . . lU 'Sl1B ... ~ ,,~: . .- -. a.. ... .. .. .. .:.~ 1:-': Location MaD Exhibit "Air -. .. r. ...- .lJ!! -I - ! lf~1 1-1 ... -.. " f'f/~C!~ ~ -. ... ... .... If; . L 'f. "LIi " ~DD ... .. (~ , ..~ , ~. l~ ~l .. - \ ~ 1 - .. /. '.. III ~IU\. ,II Metes and Bounds Description TI€ FDLLOWIG DESCR8ED TRACT OR PARCEL f6 UN) SITUATED II THE H. L- ALLEN SURVET. 14-65 AND II THE JOSEPH HMAELL Sl.RVET. 14-791. TARRANT CCUtTY. TEXAS AND BEING THE SAlE TRACT AS RECORDED AS TRACT ONE. TRACT TWO. AND TRACT THREE ON PACE "I f6 VOLLIIE &54& . THE r AMAHT CDUNTY DEED RECOAOS MO IEJHG MORE PARTIClUALY DEcrD8EO AS FOLLows. BEGINNI<<i AT AN 01.0 RON ROD AT THE SOUTHEAST CORNER OF A l.I6 ACRE TRACT AS RECORDED ON PAGE 1030 OF YOI.UIIE 6112 .. THE TAMAHT cu.TY DEED RECOAOS AND 8btG II THE NORTH ue f1F C....TY ROAD NO. 3105 AN) ALSO BEN; BY DEED EAST A DISTANCE f1F 201.6 FEET ANO NORTH A DISTANCE f6 21.1 FEET FROM THE SOUTHIIEST CORNER OF' A SO ACRE TRACT AS CONVEYED TO JACl 0. .ACET BY DEED RECORDED aN PAGE 110 OF VGWUE 115 .. THE TARRANT COUNTY DEED RECDADSt TIENCE N 0- 04' 45- E A DISTANCE f6 396.01 FEET TO AN OLD RON ROO AT THE NORTHEASt CQANER OF SAID LI6 ACRE TRACT,. _ . . - . 'bENCE S age 56'10"'.. A DISTANCE OF' 201.64 FEET TO AN 01.0 IRON ROO AND BEItG .. THE EAST LIE OF BLOCK !I. FAIt .AT AODI'hON NO... TO YARRANT .- COUNTY. TEXAS ACCOII*G TO PLAT RE~ ON PAGE 121 aF VOLUME __, INlHE TARRANT COUNTY PLA' RECG10SI _ '. THENCE N 0- 22']0-. ALONG THE EAST L..-f6 SAID BLOCK 4 A 'DlSI~ OF 721.61 FEET TO AN OLD RON RODI . . . . .' . . a. _ THENCE N I,. 3r 15- E A DISTANCE OF 155.U 'FEET TO AN OLD ........:.. TtENCE N I,. 3r 55- E A DISTANCE f1F 1.219.41 FEET TO Me OLD IRON Roo. TtENCE S I. 2]' 3cr E A DISTANCE OF .'.17 FEET TO AN 01.0 IRON ROO .AN) BOtG .. THE NORTH LIE OF SAID COlItTT ROAD NO. 3I0Se . TJEHCE S 5]-. 52" OS- . ALONG TIE NORTH U€ f1F SAID CQJNTT R\IAO NO.. 3105 A 8DlSTAHCE 0; 1OU3 FEET TO THE .GN_C f1F A CLRVE ~WNG A RAOuS f1F 4l6.2 FUT, Tt€NCE SOUTHWESTERL T ALONe SAG CUAYE AND ALONe 'HE NORTH ~ OF' SAID CtUfTY ROAD NO. 310S A DISTANCE f1F 21'2.47 FEET TO AN RON RODa THENCE S '9. 24.20"'. "l.0fii; THE ~TH i.1€ UP ~ COUNTy ft\MO NO. 1105 "-OI5T AHCE OF l.518.51 F.EET TO PLACE OF IEGINtC. CONT AINMi 50.424 . ACRES OR 2.196.410 SQUARE FUT OF LMG. Exhibit liB" ~ ~ c...,.. '" W T ~ ~ ( :::::-.::.... riL "'-'= ~ r'1'r ~ 'j ',"~,", -,,"- ~ (f. ~ ,,,....."""" ~ 1..l v~ ;~~_ ~ h~ ~ ~,.."\... ~ ~ ~ """' 1\01[ ~ \3:~..... Ia UUT'-'..........-.... :::a. ~_.... ~ ~~~ ~~ '-).~ ~ .\ ~ \~ ~-;. I 1\ ~t'- . k"> t oJ) ~ ; I!I 'I~ N !J.t? r~ ~ J j _ ,..['" '"r' ~ ).F CJl'" fK r Afh ~ H 10 ~ "i~ ~ --- "Z-,Vj ~ Il 'L. r~ . 1/ I /\ i: ~ ~~j } - '. :~~JA'J. (~ ~ f8{ ~~~~ -i!i01'1~~~ ~ ~;- ~;~ ~ ~~~L~: I~ ~ ~ <~~--;' ~~--- ~ ~ ~,.. 0. J :~ rlH ~Iff. ~( ./"J V/I~;' ~':::-;....o '~~/'......~, . ---~ ~.t i ,-+- ~ m. ~ M -----.~.2 -./; '- - - - "" ~~~ 1~-+-..'( . ~ ~ . P '-Xl < '~ ~( ?~. ~ ~~'~'\.\~~~~:- ~ !. )s12~HI" I =LI ........ "'-~..........~ \ i '. ... V I . .'" n / ~ \ ~ .I ~1.:~~~. \ ~ -'l' <_/)i 1Jf . v f" / LJ/ rJ.'r'(' ,- .~I t, r \ "\' ( .h. W .L:::"'--::.? ~i' \ . l ~', .e.... '\> I 1'..: . /"'..JJ ~~~ ~~~..l ~ ~:~ ~ I . ll' ["~.\. ..' :..-JJj :::.? ~~ v/.A c:-,....:;..v ' .."",,--, ~W ~ p.- ./ :;...-''/.r--~~ ~ - .......,-. '-"... - ~ J. I ..-..' ~ . ~ . .r) . ~ ~A :' ~ ;! i'=- T fI~r~ 't-"~---s-,!O; . ~ -...;.: 'u......r c.. '"" ~ ~~ f'5'~ /!~. ~'I _ ~ ~ ~.-/ ~........-, - - ~ ~~,. =-' Jr_ _ ~'" '- -~"- ~ " .~\ .~~ ~~) l~ ..-....7...... ~ ... ] ) j ~ .~ ~. ';-" ~ :t '" Exhibit lie" II: ~~. EB_ o o ~~ o !I~ ~ ~~~ Z ~~ I W&~ ...J ~ ...J D 8 . ~ > Z ~ E U 51: ~ ~: ~ :J ~U e I ~ .... :r city of CITY CqUNCIL AGENDA BRIEFING n~ Texas DEPARTMENT: PARKS SUBJECT: Resolution R-99-1583 - Adopting the City of Colleyville Comprehensive Parks, Recreation and Open Space Master Plan MEETING / AGENDA # 01/04/00 /---11- 12/21/99 / / January 4,2000 - Tabled 12/21/99 The City Council tabled this item at its December 21, 1999 meeting. This item was tabled to provide an opportunity for the Council to review the Parks and Recreation Open Space Master Plan prior to adoption. December 21,1999 Reading and Public Hearing - Resolution R-99-1583 Backqround An increase in the City of Colleyville population from 1,491 in 1960 to a current population of approximately 19,250, has placed pressure on the community for quality City parks and leisure services and created a demand for new and expanded park facilities, recreation programs and open space areas. The City secured the services of Carter and Burgess and National Service Research (NSR) to prepare a Comprehensive Parks, Recreation and Open Space Master Plan through an interactive process involving an Advisory Committee, City staff and the citizens of Colleyville. National Service Research (NSR) completed a comprehensive research study for the City as part of the Comprehensive Parks, Recreation and Open Space Master Plan. An important aspect of the Plan was to conduct a demand and needs assessment which involved public input. NSR worked closely with Carter and Burgess and City staff throughout the research process. Over thirty (30) individuals, representing the youth sports associations, the general public and youth ages 12 to 18 participated in focus group sessions to solicit input about future park needs. In addition to the focus groups, a total of 500 households were surveyed at random. 1t~ 7J?" 2/7- DEPARTMENT HEAD ') c~. CITY MANAGER ~ FINANCIAL REVIEW (IF NECESSARY) ,;,... o&I'i2E...-t (V,1i Resolution R-99-1583 Page 2 The Parks, Recreation and Open Space Master Plan includes specific recommendations for future land acquisition, park expansion and park development to serve the growing population and needs of Colleyville. This Comprehensive Plan should serve as the guide for future Park, Recreation and Open Space development and fiscal planning of the Colleyville park system for the next five to ten years. The Parks and Recreation Department staff will conduct annual reviews of the Plan to ensure that the implementation is on course and addresses any specific changes in priorities and/or needs of the community. A copy of the draft Comprehensive Parks, Recreation and Open Space Master Plan was submitted to Joel Seffel, Program Administrator, Texas Parks and Wildlife Department, for his review and comments, which have been incorporated into the final plan. The Parks and Recreation Advisory Board approved the Comprehensive Parks, Recreation and Open Space Master Plan in October. Philip Neeley, Project Manager for Carter and Burgess, will be at the City Council meeting to answer any questions. Recommendation Staff recommends approving Resolution R-99-1583 adopting the City of Colleyville Comprehensive Parks, Recreation and Open Space Master Plan. RESOLUTION R-99-1583 A RESOLUTION ADOPTING THE CITY OF COLLEYVILLE COMPREHENSIVE PARKS, RECREATION AND OPEN SPACE MASTER PLAN WHEREAS, the City Council has a long history of planning for the acquisition and development of its parks and recreational system; and WHEREAS, the City Council entered into an agreement with Carter and Burgess, a park planning and design firm to assist with the development of a Comprehensive Parks, Recreation and Open Space Master Plan; and WHEREAS, the City Council directed Carter and Burgess to work with the City staff, the Parks and Recreation Advisory Board, representatives of the youth sports associations and the public to prepare a Comprehensive Parks, Recreation and Open Space Master Plan, which shall serve the following purpose: A. Provide the framework for orderly and consistent planning and development. B. Provide detailed research and facts concerning the community and the roles of parks and recreation. C. Establish priorities and statements of direction based on researched and documented facts and a community based needs analysis. D. Provide direction in the area of acquisition and development of park land to meet future needs. E. Conform to the preparation suggestions and/or guidelines for local Park, Recreation and Open Space Master Plans, prepared by the Texas Parks and Wildlife Department for Texas Recreation and Parks Account local park grant program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1. THAT the City of Colleyville Comprehensive Parks, Recreation and Open Space Master Plan is hereby adopted. AND IT IS SO RESOLVED. NAYS,AND 1999. PASSED BY A VOTE OF AYES, THIS THE DAY OF ATTEST: Jean Harris, TRMC, CMC City Secretary Resolution R-99-15E Page ~ ABSTENTIONS ON CITY OF COLLEYVILLE Donna Arp Mayor Capital Improvements Advisory Committee Minutes - November 29,1999 Page 1 of 2 DB\FT The regular meeting of the City of Colleyville Capital Improvements Advisory Committee was called to order by Chairman Hart at 6:30 P.M. on November 29, 1999. Roll Call: Present: Rob Rutherford, Luann Edwards, Andrew Wayne, Jim Fletcher, Bryan Hill, Mike Collins, Tom Hart, Larry Cole (William Tyler arrived at 6:40 p.m.) Barry LeBaron, Tom Niederauer, Clayton Husband, Jan Hofstrom Staff: PRESENTATION OF WATER AND WASTEWATER CAPITAL IMPROVEMENTS PLAN: Barry LeBaron reviewed the purpose of the involvement by the Planning and Zoning Commission and the additional members who represent the development community within the city that make up the Capital Improvements Advisory Committee. Jeff James, Kimley-Horn Associates, presented the plan to the advisory committee. He gave a history of how the funding tool was created and spoke about the last revisions made in 1995. Mr. James said that Kimley-Horn started to work on an update to the plan in 1998. Larry Cole asked questions about the maximum allowable figures in the previous plan and discussed the figures for single family residential uses. He said that the land use assumptions have changed and the maximum build-out numbers have changed because of a population decrease in the area. Tom Hart had questions about Kimley-Horn Associates and their qualifications. Barry LeBaron gave a history of impact fees and the development of formulas for basic services and future development. He discussed staffs recommendation with the committee. Andrew Wayne spoke about comparing the City of Colleyville with other surrounding cities. He had questions about what Community Development and Engineering staff believes about the cost of future development and what is sufficient. He suggested that the committee not compare the costs and figures with other cities since needs are so different. Jim Fletcher asked questions about calculations and if the trend for higher density single family residential was considered. The committee discussed the potential average of both higher density residential mixed with ranchettes that encompass several acres. Jim Fletcher asked Larry Cole if the development fees will make it too expensive for developers to consider building in Colleyville. Larry Cole stated that the fees are fairly accurate and if fees stand out from the other cities, then there would be a problem. Jeff James, Kimley Horn Assoc., said that it is better off going with conservative figures and making adjustments in the future. Discussion ensued by the committee about determining amounts based on less than the maximum allowable amounts. Barry LeBaron said that the committee could meet and adjust the Zoning Board of Adjustment Minutes - December 16,1999 Page 1 of 4 D R- /.!-A..: r-r '",A.' ~. The regular meeting of the Zoning Board of Adjustment was called to order by Vice-McNosky at 7:00 p.m. on November 23, 1999. Roll Call: Present: Teresa Rutherford, Dee McNosky, Larry Henry, Jerry Birkes, Steve Magee Sara Lester, Robert Van Til Barry LeBaron, Jan Hofstrom-Levy Absent: Staff: Swearing In: Larry Henry, Place 5. Jan Hofstrom swore in Larry Henry. Approval of Minutes: November 23, 1999 Steve Magee moved to approve the minutes as submitted. Larry Henry seconded the motion. The motion passed by an "Aye" voice vote. 1. PUBLIC HEARING - A request from Mike Foster for an extension of the 3-year time limit to allow the nonconforming use status approved by the Zoning Board of Adjustment on January 14, 1997 on A963, TR3C5 at 6605 Colleyville Blvd. Case A-99-015 Barry LeBaron presented the case to the Board. He gave a history of the property and the reason the case was considered by the Zoning Board of Adjustment 3 years ago. He said that applicant had three options and they were to: cease operation; seek rezoning; or come before the Zoning Board of Adjustment and request an extension of the 3-year time limit to allow the nonconforming use status. He said that the applicant requested an extension. Vice Chairman McNosky opened the public hearing. Those present wishing to speak were: Anne Mooney, 404 Oak Valley Drive. She gave a history of the use of the building since she purchased it in 1992. She pointed out that the property on the Future Land Use Map posted in the Council Chambers is indicated for future retail commercial use. Larry Henry asked the owner if she were aware of.any restrictions on retail properties. She stated that she was not aware of any restrictions. Mike Foster, 1604 W. 5th Street, Irving, Texas, applicant, presented a petition with signatures from 5 business owners on Colleyville Blvd. in favor of the current retail use on the property. He also pointed out the property on the Future Land Use Map. He said that he was never warned by city officials about the restrictions on the property when he obtained a certificate of occupancy. Ken Green, 4006 Butler Court, owner of buildings at 6620 & 6630 Colleyville Blvd., presented pictures of the site. He said that he was not able to have retail uses in the ML zoning district and other properties should comply with the regulations. He said that a business displaying inventory outside the building does not beautify Colleyville Blvd. Zoning Board of Adjustment Minutes - December 16,1999 Page 3 of 4 nn 1/";, ~T LJi t~~If' I will no longer be permitted after that time to allow the non-conforming use. Steve Magee seconded the motion for discussion. Steve Magee said that philosophically does not have a problem the extension that has been talked about, however he said that he does not believe that it is within the authority of the Zoning Board of Adjustment to grant this approval. He said that he would prefer to see the Board deny the full extension with an effective date and would offer the following amended motion, understanding that the applicant has due process rights and their appeal would be directly to the Circuit Court: "I move to deny case A-99-015 pursuant to the following: 1. Finding that the limitations of the non-conforming use approval of the Board of Adjustment on January 14, 1997 stipulated that such approval be granted for this applicant for a period of "three years maximum" and said three years expires on January 14,2000, and further finding that said three year period provided the applicant with a fair and reasonable period to permit the non-conforming use to remain; 2. Finding that no "changed circumstances" exist with regard to the approval granted on January 14, 1997 and that the three-year limitation in the approval comports with Section 5.7 (b) of the City of Colleyville Zoning Code granting the Board of Adjustment with the authority to "establish a specific time for the return of the occupancy to a conforming use;" 3. Finding that the property in question in this case has a current zoning designation of ML-Light Manufacturing, which leaves the applicant with reasonable and viable potential economic uses for their property and that the application before us tonight in essence requests a "use" variance, but not a "dimensional, bulk or construction" variance providing relief from size, yard, frontage, setback, or other similar dimensional requirements; and 4. Finding that the applicant has not demonstrated the requisite hardship necessary under the City Code and the State Local Government Code section 211.009(a)(3) for a grant of relief from enforcement of the City's zoning code, and further that failure to grant the proposed variance will not deny the applicant reasonable use of their property and that other properties in the City of Colleyville are similarly zoned ML- Light Manufacturing. This action of denial would go into effect on April 14, 2000. Larry Henry seconded the amended motion. The vote being: Ayes: Rutherford, Henry, Birkes, Magee, McNosky Noes: None Zoning Board of Adjustment Minutes - December 16,1999 Page 4 of 4 O ~'" n ~T .., t.-."t.A".e; ~- .. ii';c' ,. ~ : lS'i:. - -\ II ADJOURNMENT: 2. Adjournment Steve Magee moved to adjourn the meeting at 8:00 p.m. Larry Henry seconded the motion. The motion passed by an "Aye" voice vote. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: jh/min 1216zba.min Zoning Board of Adjustment Minutes - December 16,1999 Page 2 of 4 DRAFT Mike Foster spoke again and said that he was operating his business in the current 10catiL before Ken Green built his offices across the street. He said that K-Mart, Albertson's, and Payless Cashways display their inventory outside. He also said that he was not aware of any complaints about his business filed with the City, and none have been filed with the Better Business Bureau. Jerry Birkes asked questions of staff about the purpose of the extension since the application requests a zoning change. Staff responded that they spoke with the applicant and made them aware of all options available. Barry LeBaron said that the applicant stated he wanted an extension from the Zoning Board of Adjustment. Steve Magee requested that the record reflect that the applicants are only present to obtain an extension and not seek a zoning change. Anne Mooney said that she did not receive notice of rezoning when the schedule of permitted uses was changed. Barry LeBaron spoke about how property can be rezoned. He said that in 1996 the owner's property zoning classification was not changed, however, the regulations for the ML zoning district were changed and the City was not required by law to send notices to owners affected by the change. He said that a notice was published in the newspaper advertising the public hearing for the change. Teresa Rutherford spoke about the changes she has seen in the City since 1982. She said that it was the Boards decision 3-years ago to work with the owner yet work toward beautifying Colleyville Blvd. as desired by citizens, and she did not favor extending the non-conforming status. Jerry Birkes said that this request seems to be a re-zoning issue and not a variance issue. Steve Magee said that the applicant deserves due process and he read the motion granting the 3-year extension made by Frank Carroll on January 14, 1997. He said that it becomes a zoning issue and the Board cannot make "use" variances. He said that the owner was given 3-years to amortize the building to conform to City standards. He said that when he reads the permitted uses in the ML zoning district, the owner may be required to request dimensional variances for the property. Mr. Magee said that he does not believe that the Zoning Board of Adjustment can legally grant an extension of the usage because then it is acting as a zoning board. Larry Henry said that it appears the owner or applicant did not take the effort to make changes to the property. Anne Mooney said that she did plant grass and shrubs on the property. She asked why are the neighbors allowed to operate retail uses and she is not. She said that the neighboring properties that have parking along Colleyville Blvd. frontage require cars to back out onto the street and cars parked at her business can exit onto old Ross Downs Road and drive forward onto Colleyville Blvd. Teresa Rutherford moved to allow an additional 3-month extension to allow the applicant time to decide what he needs to do and possibly rezone the property, however the variance Capital Improvements Advisory Committee Minutes - November 29,1999 Page 2 of 2 DRAF-~ figures every 3-years. Larry Cole gave input as to justifying the higher rate and the need determine a rate lower than the maximum. Luann Edwards moved to recommend a rate of 45% of the maximum collectable water impact fees and 100% of the maximum collectable wastewater impact fees. Jim Fletcher seconded the motion. Discussion by the committee ensued regarding the motion. Bryan Hill asked questions about the current status of the funds. Jim Fletcher wanted an update on the future plans for the funds. Larry Cole said that the committee can pull an.yd number out of the hat, but he is more inclined to go with staff's recommendation. The vote being: Ayes: Edwards, Tyler, Fletcher Noes: Rutherford, Wayne, Hart, Collins, Hill, Cole Bryan Hill moved to recommend staff's recommended rate of 40% of the maximum collectable water impact fees and 100% of the maximum collectable wastewater impact fees. Rob Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Wayne, Hart, Collins, Fletcher, Hill, Cole Noes: None ADJOURNMENT: The meeting adjourned at 7:10 p.m. Respectfully Submitted, Jan Hofstrom Planning & Zoning Assistant [ jh/min/1129ifac.min] RESOLUTION R-00-1592 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JANUARY 04, 2000 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF cOLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution, as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF AYES, NAYS, AND ABSTENTIONS. , 2000, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Jean Harris, TRMC, CMC City Secretary Donna Arp Mayor