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AGENDA
CITY COUNCIL MEETING
5400 BRANSFORD ROAD
AUGUST 2, 2000
6:45 P.M. -CALL TO ORDER
ROLL CALL
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.072 - Property Acquisition - Colleyville Boulevard
Sec. 551.072 - Property Acquisition -Hall-Johnson Road
Sec. 551.072 - Property Acquisition - L.D. Lockett Road
Sec. 551.074 - 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 compleie list of. the City -boards
and commissions is on file in t~ ~e %ity, Secretary's Office.
7:30 P.M. -RESUME REGULAR MEETING
INVOCATION: Mayor Danna ~.rp.:~=
PLEDGE OF ALLEGIANCE: Ross Fo~t~r, pity Attorney
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
CONSENT:
3. READING AND PUBLIC HEARING -Resolution R-00-1690 -Consent Items:
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
a. Approval of minutes of the regular City Council meeting of July 18, 2000
b. Approval of minutes of the City Council worksession held July 20, 2000
c. Approval and adoption of the 2000 Certified Tax Roll
,/d. Approval of an agreement with Newman, Jackson and Bieberstein for
Bransford Park and authorizing the use of Colleyville Economic
Development Corporation (CEDC) monies in the amount of $13,700
e. Approval of the redirection of Voluntary Park Fund monies in the amount
of $10,453 as recommended by the Parks and Recreation Advisory Board
,I f. Approval of the 2000 Water Meter Change-out Program Contract, in the
amount of $26,200, with M. L. Gregory Ent. Inc.
g. Approval of a Agreement with Clarence West of Dow, Cogburn and
Friedman, P:C., to represent the City concerning proceedings before the
Public Utility Commission ("PUC") involving Preemption of Municipal
Police Powers as to Management of Public rights-of-way for an amount
not to exceed $5,000
UBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING -Ordinance 0-00-1227 - A
zoning change requested by Tom Vogt, Vogt Surveying for Susan R. Green, from
AG to CC1 (village retail) on 1.947 acres located at 909 Glade Road
•~ 1 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1228 -
Establishing Bogart Street as a two-way street from Highway 26 to Pleasant Run
Road and Hall-Johnson Road, repealing Ordinance 0-83-473
~.~ 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1229 -
~~ `: Replacing Ordinance 0-93-906, amending Chapter 66, Article II. PUBLIC
PARKS of the Colleyville Code
7. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1230 - A zoning
change requested by Blankson Asiama, from AG to R20 (single family
residential, minimum lot size 20,000 s.f.) on 1.35 acres located at 3203 Glade
Road, Case Z-00-051
8. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1231 -Replacing
Ordinance 0-95-990 and Ordinance 0-95-998, amending Chapter 50, Article II,
Basis for establishing areas of special flood hazards of the Colleyville Code
9. READING AND PUBLIC HEARING -Resolution R-00-1688 -Authorizing the
settlement of the Munson lawsuit
10. READING AND PUBLIC HEARING -Resolution R-00-1692 -Approval of a
realignment plan for the intersection of Church Street and Hidden Oaks Drive
1. READING AND PUBLIC HEARING -Resolution R-00-1693 - A ointment of
PP
members to the S. H. 26 Corridor Commercial Development Standards Task
orce
~~
` ~ 12. READING AND PUBLIC HEARING -Resolution R-00-1694 -Approval of the
.~Oo establishment of a policy to notify property owners within 500 feet of property
being considered for rezoning
.~ READING AND PUBLIC HEARING -Resolution R-00-1695 -Approval of the
"Keys to the City" program
14. READING AND PUBLIC HEARING -Resolution R-00-1696 -Approval to remit
final payment to McWilliams Enterprises, Inc. in an amount not to exceed
$71,987.48 for construction of the Pleasant Run and Sparger Park restroom
facilities
~b
15. READING AND PUBLIC HEARING -Resolution R-00-1697 -Approval of the
recommendation of the Sign Board of Appeals for a variance to Chapter 7 (Sign
Regulations) -Section 7.7F "Prohibition of Temporary Off Premise Signs", of the
Colleyville Land Development Code requested by John Hawkins for Rischon
Development Corporation for a temporary free standing "Development Sign"
located at 6804 Colleyville Boulevard, Case G-00-012
TABLED ITEMS:
~a 16. CONSIDERATION OF ORDINANCE 0-00-1225 -Zoning Change from R40 to
c PUD-C, requested by Kipp Whitman, 6.335 acres located at the southeast corner
of Lavaca Trail and Precinct Line Road
7. CONSIDERATION OF RESOLUTION R-00-1682 - Approving a Preliminary Plat
of Glenwood Addition, requested by David Bagwell, 110 acres located on the
north side of McDonwell School Road
REPORTS:
18. COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BOARD OF
DIRECTORS MINUTES - 7/18/00
TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - 07/10/00
PARKS AND RECREATION ADVISORY BOARD MINUTES - 07/17/00
TREE BOARD MINUTES - 07/17/00
ZONING BOARD OF ADJUSTMENTS - 07/11/00
CITIZEN COMMENTS:
19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 2, 2000 -
Reading and Public Hearing -Resolution R-00-1691
ADJOURNMENT:
21. ADJOURNMENT
I certify the above agenda was posted on the bulletin board at City Hall on July 28,
200 4:30 p.m.
~L, ~iGl144a~
Jean arris, TRMC, CMC
City Secretary
If you plan to attend this public meeting and have adisability -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.
CITY COUNCIL
[u, or
~~ ~~
7i r,:
AGENDA BRIEFING
For mt .: 08/02!00 CMO Approval:
Item#:
1
Ordinance #
N/A
Previous Action: None
DEPT.
CITY COUNCIL
SUBJECT
Executive Session - In accordance with Texas
Government Code Chapter 551, Subchapter D
Sec. 551.072 - Property Acquisition - Colleyville Boulevard
Sec. 551.072 - Property Acquisition -Hall-Johnson Road
Sec. 551.072 - Property Acquisition - L.D. Lockett Road
Sec. 551.074 - 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.
~Gr~rnL.
CITY MANAGER
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY
RESOLUTION R-00-1690
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF AUGUST 02, 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 July 18, 2000, are
hereby approved.
b. THAT the minutes of the City Council worksession held July 20, 2000, are
hereby approved.
c. THAT the 2000 Certified Tax Roll is hereby approved and adopted.
d. THAT the agreement with Newman, Jackson and Bieberstein for Bransford
Park and authorizing the use of Colleyville Economic Development
Corporation (CEDC) monies in the amount of $13,700 is hereby approved.
e. THAT the redirection of Voluntary Park Fund monies in the amount of
$10,453 as recommended by the Parks and Recreation Advisory Board is
hereby approved.
f. THAT the 2000 Water Meter Change-out Program Contract in the amount
of $26,200 with M. L. Gregory Ent. Inc. is hereby approved.
g. THAT the agreement with Clarence West of Dow, Cogburn and Friedman,
P.C., to represent the City concerning proceedings before the Public Utility
Commission ("PUC") involving Preemption of Municipal Police Powers as to
Management of Public rights-of-way for an amount not to exceed $5,000 is
hereby approved.
AND IT IS SO RESOLVED.
Passed by a vote of ayes, nays, and abstentions on the day
of , 2000.
ATTEST:
CITY OF COLLEYVILLE
Jean Harris, TRMC, CMC Donna Arp
City Secretary Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
JULY 18, 2000
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on July 18, 2000, at 6:43 p.m.
ROLL CALL: Councilpersons Jody Short, Mike Taylor, Dana Feldman, Dennis
Marlin, and Mayor Pro Tem Ginny Tigue were present. Mayor
Donna Arp, City Manager Bob Stripling, Assistant City Manager
Dianne McWethy, Financial Analyst Ken Kolsti, Public Services
Director Bob Whitehead, Community Development Manager Barry
LeBaron, Development Coordinator Clayton Husband, Economic
Development Manager Mike Soab, 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. 551.072 - Property Acquisition -Colleyville Boulevard
Sec. 551.072 - Property Acquisition -Hall-Johnson Road
Sec. 551.074 - 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 D, Sec. 551.072 -Property
Acquisition and Sec. 551.074 -Personnel. She further explained that there would be
no decisions made or action taken during this time. The meeting was recessed at 6:45
p.m., and reconvened at 7:40 p.m.
The invocation was given by Mayor Arp, after which Ross Foster led the Pledge of
Allegiance.
CITY COUNCIL MINUTES
JULY 18, 2000
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
Mayor Arp presented a Proclamation to Sargent Mark Terrill of the Colleyville Police
Department for National Night Out.
Mayor Arp presented a Proclamation to Danielle Arnette, Chris Faulkner, and Dawn
Michler of Leadership Colleyville "Luau for Lockett" project and thanked them for their
contributions to the City's senior citizens.
CONSENT:
3. READING AND PUBLIC HEARING -Resolution R-00-1686 -Consent Items:
a. Approval of minutes of the regular City Council meeting of July 5, 2000
b. Approval of authorization to purchase two communication consoles and
central electronic banks for the police communications center from
Motorola, Inc., in an amount not to exceed $185,900.00
c. Approval of a final plat for Winding Creek Addition, requested by Sepehr
Parnian, P.E., PCC Consulting Engineers, Inc., for Lanny Wilkinson, 8.789
acres located on the west side of Colleyville Boulevard in the 6400-6500
block
d. Approval of the purchase of the 11.47 acre Pleasant Run practice site
from the Grapevine-Colleyville Independent School District (G-CISD) and
authorizing the expenditure of Colleyville Economic Development
Corporation funds in the amount of $453,000 and the Mayor to sign
documents supporting the transaction
Mayor Arp opened the public hearing and read Resolution R-00-1686 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding the need for the practice fields and the improvements that
will be made to the newly purchased fields.
2
CITY COUNCIL MINUTES
JULY 18, 2000
Councilman Taylor moved to approve Resolution R-00-1686.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING -Ordinance 0-00-1223 - An
amendment to the Land Development Code regarding the requirements for
accessory buildings on residential lots
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1223.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding the size and number of the buildings. The Council
thanked the staff for their work on these requirements.
Councilman Taylor moved to approve Ordinance 0-00-1223.
Councilman Short seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
3
CITY COUNCIL MINUTES
JULY 18, 2000
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1224 -Zoning
Change requested by Burk Collins, from CC3, PUD-C, CN & R20 to PUD-C
(planned unit development -commercial) with a Special Use Permit for alcoholic
beverage sales on 13.304 acres located between Cheek Sparger Rd., Felps
Drive, Acuff Lane and Colleyville Boulevard - Colleyville Commons
Mayor Arp explained that she would be stepping down during this portion of the meeting
due to her company doing business with Wal-Mart Supercenters. She discussed
notification of citizens and the need for commercial development that "fits" with our
community.
Discussion ensued regarding the lack of a conflict of interest by the Mayor and her
stepping down.
Mayor Pro Tem Tigue conducted the meeting from this point.
Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance O-
00-1224.
Mr. Ben Baker, 4114 Steeplechase Drive, Mr. Jason Taylor, 202 West Greenbriar Lane,
Mr. Buddy Knight, 7500 Point Reyes Drive, Fort Worth, Mr. Atef Henry, 500 Bridlewood
North, Mr. Emad Mikhail, 4100 Bridlewood Court, Mr. Steven Knight, 3917 Felps Court,
Ms. Candice Swanson, 2600 Brookridge Drive, Hurst, Mr. Charles Primer, 207 W.
Greenbriar Lane, Ms. Nancy Grabb, 408 Greenbriar Lane, Ms. Marilyn Ricks, 3405
Blue Quail Lane, Bedford, Ms. Vicki Fonseca, 305 Woodcrest Court, Ms. Sue Jackson,
123 Felps Court, Ms. DeAnne McClure, 3600 Woodcrest Court, Mr. David Coulson, 109
Quail Run, Mr. Wayne Walton, 127 Felps Court, Mr. Jim Corbett, 3708 Cliffwood Drive,
Ms. Louise Skoog, 127 Cheek Sparger Road, Mr. Fred Skoog, 127 Cheek Sparger
Road, Ms. Fran Gray, 300 Quail Run, Ms. Nancy Schwartz, 3708 San Bar, Mr. Jeff
Clark, 115 W. Greenbriar, Mr. Curtis McKeown, 4105 Felps Drive, and Ms. Candice
Campbell, 207 Briarcliff Court spoke in opposition to the proposed rezoning.
Ms. JoAnn Gasper, 4103 Paddington Lane, spoke in support of the alternate ordinance
and commended the staff for their work on the proposed alternate ordinance.
4
CITY COUNCIL MINUTES JULY 18, 2000
Ms. Curtis M. Burns, 120 Cheek Sparger Road, Mr. Jerry Alexander, 83 Crown Road,
Willow Park, representing a citizen whose property is involved, Mr. John Dees, 7200
Maranatha Court, Mr. Michael Dees, 4940 Lakewood Drive, Ms. Suzanne Dunn, 3809
Felps Court, Ms. Peggy Dennie, 200 Cheek Sparger, Mr. Paul Dennie, 200 Cheek
Sparger, Ms. Olivia Locker, 116 Cheek Sparger Road, Ms. Virginia Garrett, 128 Cheek
Sparger Road, Ms. Linda Baker, 404 West McDonwell School Road, and Mr. Joe
Moore, 133 Acuff Lane spoke in favor of the proposed rezoning.
There were no others wishing to speak concerning this item and Mayor Pro Tem Tigue
closed the public hearing.
Mr. Bill Stimmell, 1721 Luella Court, Hurst, representing the applicant, spoke regarding
proposed changes to the ordinance.
Discussion ensued regarding the maintenance of the open space and pond, $25,000
escrow as good faith that Burk Collins will maintain the park/pond, who will be
responsible for the gas pumps/tanks, lighting, proposed 8' brick wall, the entrance on
Cheek Sparger, the difference between the original ordinance and the alternate,
restricted hours of delivery currently covered under a City ordinance, and laid brick or
stone.
Mr. Jackie Fluitt, engineer for Washington and Associates, was present to answer
questions of the Council.
Mr. Burk Collins, 1312 John McCain, applicant, was present to answer questions of the
Council.
Councilman Taylor moved to approve the alternate ordinance with the addition of
gasoline sales.
Councilman Short seconded the motion.
Discussion ensued regarding traffic, the City's budget, positive economic impact, and
the gasoline pumps.
Ayes: Councilpersons Taylor and Short
Nays: Councilpersons Feldman, Marlin, and Mayor Pro Tem Tigue
Mayor Pro Tem Tigue declared the motion failed.
Mayor Arp conducted the remainder of the meeting.
5
CITY COUNCIL MINUTES JULY 18, 2000
6. SECOND READING AND PUBLIC HEARING -Ordinance 0-00-1225 -Zoning
Change from R40 to PUD-C, requested by Kipp Whitman, 6.335 acres located at
the southeast corner of Lavaca Trail and Precinct Line Road
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1225.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mr. Kipp Whitman, 3402 Crossgate Circle South, applicant, was present to answer
questions of the Council.
Discussion ensued regarding a gasoline station as a main tenant, a proposed pond,
exclusive offices, traffic count, and office space vs. retail space.
Councilman Marlin moved to deny Ordinance 0-00-1225.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Feldman and Marlin
Nays: Councilpersons Short, Taylor, and Mayor Pro Tem Tigue
Mayor Arp declared the motion failed.
Discussion ensued regarding the locating of a restaurant within the gasoline station,
staff's recommendation to deny, and economic development benefits.
Mayor Pro Tem Tigue moved to table Ordinance 0-00-1225.
Councilman Taylor seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
7. SECOND READING AND PUBLIC HEARING -Ordinance 0-00-1226 -Zoning
Change from R20 to CC1, requested by Tom Miller, The Miller Company, 0.38
acre located at 5004 Thompson Terrace
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1226.
6
CITY COUNCIL MINUTES
JULY 18, 2000
There was no one present wishing to speak conceming this item and Mayor Arp closed
the public hearing.
Councilman Taylor moved to approve Ordinance 0-00-1226.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
8. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1227 - A zoning
change requested by Tom Vogt, Vogt Surveying for Susan R. Green, from AG to
CC1 (village retail) on 1.947 acres located at 909 Glade Road
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1227.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding the intended use for the property.
9. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1228 -
Establishing Bogart Street as a two-way street from Highway 26 to Pleasant Run
Road and Hall-Johnson Road, repealing Ordinance 0-83-473
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1228.
Mr. Jim Fletcher, 1000 Hidden Oaks Court, spoke in favor of the proposed ordinance
and stated his concern with pedestrian safety in his neighborhood.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing.
7
CITY COUNCIL MINUTES
JULY 18, 2000
10. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1229 -Replacing
Ordinance 0-93-906, amending Chapter 66, Article II. PUBLIC PARKS of the
Colleyville Code
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1229.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding the action taken by the Parks Board on this issue.
11. READING AND PUBLIC HEARING -Resolution R-00-1682 -Approving a
Preliminary Plat of Glenwood Addition, requested by David Bagwell, 110 acres
located on the north side of McDonwell School Road
Mayor Arp opened the public hearing and read Resolution R-00-1682 in its entirety.
Ms. Linda Baker, 404 West McDonwell School Road, spoke regarding the agreement
between she and Mr. Bagwell.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing.
Mr. David Bagwell, applicant, was present to answer questions of the Council.
Discussion ensued regarding the proposed school, depth of the concrete street, cost of
adding another inch of concrete, increasing the "psi" of the concrete rather than the
thickness, width of the street to the school, staffs support for the wider cul-de-sac width,
Council's approval of the narrower width, fifteen foot rights-of-way, drainage issues, on-
site drainage detention, open space, the size of the proposed school, and the number of
vehicle trips.
Mr. Bob Templeton, 2365 Union Church, Southlake, Keller Independent School District,
demographer, was present to answer questions of the Council
Councilman Feldman moved to suspend the rules to allow the citizens to speak.
Councilman Taylor seconded the motion.
8
CITY COUNCIL MINUTES
JULY 18, 2000
Mr. Carl Parker, 105 W. John McCain Road, stated Mr. Bagwell had not purchased his
property, and that he did not see it indicated on the map. He explained that Mr. Bagwell
had made him an offer to buy his property but that he had not sold the property to Mr.
Bagwell, therefore, Mr. Bagwell could not legally include Mr. Parker's property in the
proposed platting request.
Mr. Bagwell explained that he and Mr. Parker had not come to an agreement regarding
the sale of the property.
Councilman Feldman moved to table Resolution R-00-1682.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
12. READING AND PUBLIC HEARING -Resolution R-00-1688 -Authorizing the
settlement of the Munson lawsuit
City Manager Bob Stripling recommended passing over this item.
13. READING AND PUBLIC HEARING -Resolution R-00-1689 -Supporting the
United States Senate approval of the Conservation and Reinvestment Act
Mayor Arp opened the public hearing and read Resolution R-00-1689 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-00-1689.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
9
CITY COUNCIL MINUTES JULY 18, 2000
STAFF REPORTS:
14. MONTHLY FINANCIAL REPORT
There was no action taken on this item.
REPORTS:
15. PLANNING AND ZONING COMMISSION MINUTES - 7/10100
There was no action taken on this item.
CITIZEN COMMENTS:
16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Mr. Mark Hollis, 7301 Cedar Court, spoke regarding density of homes, commercialism,
and voluntary park/library fees on water bills.
ACTION/RESOLUTION:
17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 18, 2000 -
Reading and Public Hearing -Resolution R-00-1687
This Resolution was not needed.
ADJOURNMENT:
18. ADJOURNMENT
There being no further business before the City Council, Councilman Feldman moved to
adjourn.
Councilman Marlin seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the meeting adjourned at 12:10 a.m.
10
CITY COUNCIL MINUTES
JULY 18, 2000
APPROVED THIS DAY OF , 2000, BY A VOTE OF
AYES, NAYS, AND ABSTENTIONS.
Minutes taken and prepared by:
Jean Harris, TRMC, CMC
City Secretary
11
MINUTES OF THE
COLLEYVILLE CITY COUNCIL WORKSESSION
JULY 20, 2000
The Colleyville City Council worksession was called to order by Mayor Donna Arp on
July 20, 2000, at 6:13 p.m.
ROLL CALL: Councilpersons Mike Taylor, Dana Feldman, Dennis Marlin, and
Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City
Manager Bob Stripling, Assistant City Manager Dianne McWethy,
Finance Director Teny Leake, Human Resource Manager Kelly
Cooper, Financial Analyst Ken Kolsti, Fire Chief Mike Johnston,
Public Services Director Bob Whitehead, Public Works Manager
Randy Brown, Economic Development Manager Mike Soab, Parks
and Recreation Manager Monica Sue Walsh, Community
Development Manager Barry LeBaron, and City Secretary Jean
Harris were also present.
Councilman Jody Short arrived at 6:15 p.m.
1. DISCUSSION OF THE PROPOSED 2000-2001 FISCAL YEAR BUDGET
The City Manager presented an overview of the proposed FY2001 budget and a
general discussion followed.
2. DISCUSSION OF THE PROPOSED 2000-2001 FISCAL YEAR AD VALOREM
TAX RATE
The City Manager presented a proposed FY2001 ad valorem tax rate of $.3474 and
general discussion followed.
There being no further business before the City Council, the worksession was
adjourned at 11:03 p.m.
APPROVED THIS DAY OF , 2000, BY A VOTE OF
AYES, NAYS, AND ABSTENTIONS.
Minutes taken and prepared by:
C. Robert Stripling
City Manager
CITY COUNCIL
Cirr A/
~~
Tf<13
AGENDA BRIEFING
For mt .: 08/02/00 CMO Approval:
Item #
3c
Resolution #
R-00-1690
Previous Action: None
DEPT.
FINANCE
SUBJECT
Approval and Adoption of the 2000 Cert~ed Tax
Roll - by Consent
Reading and Public Hearing
Background
On July 25, 2000 the Chief Appraiser of Tarrant Appraisal District certified the 2000 tax
roll to be levied on October 1, 2000 in the amount of $1,877,496,044. This total
excludes the value of properties currently under appeal to the Appraisal Review Board
in the amount of $33,034,371 (minimum projected value). These amounts total to
1,910,530,415 in projected assessed valuation and are the totals that are used to
calculate the effective tax rate. Attached is the information received from the Appraisal
District.
Recommendation
Approval and adoption of the 2000 Certified Tax Roll.
Attachments
#1 -Certified Tax Roll (see paper copy)
CITY MANAGER
DEPART ,WEAD
FINANCIAL REVIEW (IF NECESSARY)
_ ~~oBnized for ~c~,~e
~ine~~~e
~~' ~1~~
LJ
Independent School District
July 25, 2000
Tax Office
I, Colette Sooter, Tax Assessor-Collector for the City of Colleyville, Texas,
3072 Mustang Drive I submit to the City Council the 2000 Appraisal Roll as sworn to by John
Grapevine, TX 76051 Marshall, Chief Appraiser of the Tarrant County Appraisal District. Attached,
herewith, is the appraisal roll valuation summary sheets with hard copies of
the appraisal roll available for inspection at 3072 Mustang Drive, Grapevine,
Texas 76051.
817/251-5633 I
M>/rrtogl7/as1-1242 ~ Total Appraised and Assessed Value $1,936,586,879
FAX 817/421-9400 Less Ag Deferral & Exemptions - 59,090,835
1,877,496,044
I
New Construction 81 703 092
$ ~ ,
(Included in net taxable)
I certify an anticipated collection rate of 100% for the tax year 2000. This
total percentage includes current taxes, delinquent taxes, rollback taxes,
penalties and interest.
i ess my han 's 25th day of July, 2000.
olette Sooter
Tax Assessor-Collector
Sworn and Subscribed to me this 25th day of July, 2000.
_
Notary Pubhc's'Signature
County State
~r:t
=~
,
C:~worNmydodJu~y25zooocenw~kyviue.docy
y. ~~L~$
,
= R1Y COMMISSION EXPIRES
i ~~~«Rt~.. ~ 23, 2002
TARRANT APPRAISAL DISTRICT
CITY OF COLLEYVILLE
------------------------------
NAME OF TAXING UNIT
JOHN MARSHALL
CHIEF APPRAISER
I, JOHN MARSHALL, CHIEF APPRAISER FOR TARRANT COUNTY, SOLEMNLY
SWEAR THAT THE ATTACHED IS THAT PORTION OF THE APPRAISAL ROLL OF THE
TARRANT APPRAISAL DISTRICT WHICH LISTS PROPERTY TAXABLE BY THE ABOVE
NAMED ENTITY AND CONSTITUTES THEIR APPRAISAL ROLL.
2000 APPRAISAL ROLL INFORMATION
VALUATION SUMMARY
TOTAL APPRAISED VALUE » » » » » » » » » » » » » » $1,936,586,879
- DEFERRED SPECIAL USE VALUE LOSS:
. AGRICULTURAL $29,676,386
- PARTIAL EXEMPTION VALUE LOSS:
DISABLED VETERAN $764,271
OVER-65 $27,905,605
HOMESTEAD $p
DISABLED PERSON $720,000
PRORATED ABSOLUTE $19,763
' ~ - PP NOMINAL VALUE LOSS: $4,810
NET TAXABLE VALUE » » » » » » » » » » » » » » » $1,877,496,044
NEW CONSTRUCTION » » » » » » » » » » » » » » » $81,703,092
(INCLUDED IN NET TAXABLE VALUE)
~~
JO MARSHALL 25 JUL 2000
CH F APPRAISER
2500 Hsndley-Edervills Rosd FoR Werth, Texss 76118 (817)284-0024
TARRANT APPRAISAL DISTRICT
JOHN MARSHALL
CHIEF APPRAISER
25 JUL 2000
CITY OF COLLEYVILLE
2000 A.R.B. PROTEST INFORMATION
SECTION 26.01(C? OF THE STATE PROPERTY TAX CODE DIRECTS
THE CHIEF APPRAISER TO PREPARE A LIST OF ALL PROPERTIES
UNDER PROTEST WITH THE APPRAISAL REVIEW BOARD AND PENDING
DISPOSITION AT THE TIME OF VALUE ROLL CERTIFICATION.
THE FOLLOWING VALUES ARE FROM THESE A.R.B. LISTS AND ARE
NOT INCLUDED IN TOTALS CERTIFIED BY THE CHIEF APPRAISER
ON THE FIRST PAGE.
48,036,537 TOTAL APPRAISED VALUE OF PROPERTIES
UNDER PROTEST
47,309,345 NET TAXABLE VALUE OF PROPERTIES
UNDER PROTEST
33,034,371 ESTIMATED MINIMUM TAXABLE VALUE
OF THE SAME PROPERTIES
2500 Handley-Edarville Rosd Fort Worth, Taxas 76118 (8171284-0024
JOB:APR205J CITY OF COLLEYVILLE 005
RUN :21 JUL 2000 *** R EAL PROPERTY TOTALS *** ROLL:25 JUL 2000
TIME:07:22:59
----
- 2000
----
-----
-
--
---------- CERTIFIED
----------------------
------
-------------------
LINE REPORT ITEM
------------------------------ ----
-
-
VALUE
------------------ ACCOUNTS
---------- ZERO APPRAISED VALUE
----------------------
- 1 TOTAL APPRAISED VALUE: 1,998,377,165 8,203 1,998,377,165
2 CASES BEFORE ARB (- ) 48,128,954 195 48,128,954
__ 3 ABSOLUTE EXEMPTIONS (- ) 90,724,904 211 90,724,904
4 ADJUSTED VALUE TOTAL (= 1 1,859,523,307 7,797 1,859,523,307
5 AG DEFERRALS (- ) 29,676,386 101 30,075,491
8 PARTIAL EXEMPTIONS (- ) 29,409,639 738 133,168,321
- 12 NET TAXABLE VALUE (_ ) 1,800,437,282 8,008 1,950,248,211
PARTIAL EXEMPTION DETAIL EXEMPT AMT ACCOUNTS APPRAISED VALUE
13 DISABLED VETERANS 764,271 95 .18,595,183
15 OVER-65 27,905,605 626 109,621,911
17 DISABILITY 720,000 48 9,167,858
** PRORATED ABSOLUTES 19,763 3 24,045
NEW FOR 2000 TAXABLE VALUE ACCOUNTS APPRAISED VALUE
21 NEW CONSTRUCTION VALUE IMPROVEMENT ONLY 487 81,598,484
Z ANNEXATIONS 0 0
23 NEW EXEMPTION ACCOUNTS 8,515,219 40 9,855,409
----
_.26 ---------------------------
IMPROVEMENT VALUE LOSS
-------------------------- ------------------
34,009
- ---------
4 -----------------------
DETAIL ON THE NEW EXEMPTIO -----------------
NS EXEMPT AMT ---------
ACCOUNTS -----------------------
PRVO APPRAISED VALUE
27 NEW ABSOLUTE EXEMPTIONS 109,300 1 5 109
300
28 NEW VETERANS EXEMPTIONS 62,000 10 ,
3
039
593
30 NEW OVER-65 1,033,890 23 ,
,
5
306
760
32 NEW DISABILITY 90,000 6 ,
,
1,399,756
** PRORATED ABSOLUTES (NEW) 19,763 3 24,045
JOB:APR205J CITY OF COLLEYVILLE 005
RUN :21 JUL 2000 *** PERSONAL PROPERTY TO TALS *** ROLL:25 JUL 2i )C
TIME:07:22:59
----- 2000
------------
----------- CERTIFIED
----------------------
------------------------------
LINE REPORT ITEM VALUE ACCOUNTS ZERO APPRAISED VAI JE
1 TOTAL APPRAISED VALUE: 78,090,920 544 78,090,:?0
2 CASES BEFORE ARB (-) 823,831 9 823,E 31
3 ABSOLUTE EXEMPTIONS (-) 203,517 1 203,517
4 ADJUSTED VALUE TOTAL (_) 77,063,572 534 77,063,5,'
8 PARTIAL EXEMPTIONS (-) 0 0
11 NOMINAL VALUE XMPTS (-) 4,810 11 4,E .p
12 NET TAXABLE VALUE (_) 77,058,762 535 77,267,C^9
---- -------------------------------
PARTIAL EXEMPTION DETAIL ------------
EXEMPT AMT -----------
ACCOUNTS -----------------------
APPRAISED VALE-~E
13 DISABLED VETERANS 0 0
15 OVER-65 0 0
17
---- DISABILITY
-------------------------------- 0
------ p
------
NEW FOR 2000 TAXABLE VALUE ----------
ACCOUNTS -----------------------
APPRAISED VAL~~=
21 NEW BUSINESS IN NEW IMP 104,608 1 104,608
23 NEW EXEMPTION ACCOUNTS 0 0
----
26 --------------------------------
IMPROVEMENT VALUE LOSS ------------
0 ----------
0 -----------------------
DETAIL ON THE NEW EXEMPTIONS EXEMPT AMT ACCOUNTS PRVO APPRAISED VALUE
30 NEW OVER-65 0 0
32 NEW DISABILITY 0 0
CITY COUNCIL
Cu>' nr
v, a 1~
T~..,>
AGENDA BRIEFING
For mt 08/02/00 CMO Approval:
Item #
3d
Resolution #
R-00-1690
Previous Action: None
DEPT.
PARKS AND RECREATION
SUBJECT
Approval of an agreement with Newman, Jackson
and Bieberstein for Bransford Park and
authorizing the use of Colleyville Economic
Development Corporation (CEDC) monies in the
amount of $13,700 - by Consent
Reading and Public Hearing
Background
In September 1999, the City Council approved the Bransford Park Master Plan including
a cost estimate of $530,730. The Bransford Park site work cost estimate total is
$530,730. (See attached). Currently, Colleyville Economic Development Corporation
(CEDC) funds in the amount of $255,000 are available for implementation of the Master
Plan. On the basis that the funding necessary to complete the Master Plan is not
available, staff recommends a phased approach for the park elements. The first
recommended phase would include grading, Webb House structure evaluation and
application for grant assistance.
a~~~2Q'
CITY M NAGER ~J
DEPARTMENT HEAD
FIN IAL REVIEW (IF NECESSARY)
(continued)
Agenda Briefing
Resolution R-00-1690
Page 2 of 2
In February, the Historical Preservation Committee discussed restoration of the Webb
House located at Bransford Park. The Colleyville Woman's Club is currently developing
a proposal to assist with this restoration.
Karl Bieberstein, Newman, Jackson, Bieberstein Landscape Architecture has developed
a proposal that incorporates the first recommended phase, as welt as input from the
Historical Preservation Committee and the Colleyville Woman's Club. (See attached).
Financial Impact
Colleyville Economic Development Corporation (CEDC) monies are available for this
project. (See attached).
Recommendation
Approval of an agreement with Newman, Jackson and Bieberstein for Bransford Park
and the use of Colleyville Economic Development Corporation (CEDC) funds.
Attachments
Bransford Park Master Plan cost estimate (paper only)
Newman, Jackson, Bieberstein Landscape Architecture Bransford Park Proposal,
Phase One (paper only)
Financial Status of Colleyville Economic Development Corporation Fund, as of June 30,
2000 (paper only)
Bransford Park Sitework- Cost Estimate
30-Aug-99
ITEM NO. DESCRIPTION UNIT QUANTITY COST/UNIT SUB-TOTAL
1 Site Preparation & Misc. Grading LS 1 5,000.00 5000.00
2 Rail Siding LF 280 22.00 6160.00
3 Trail Head SF 490 9.00 4410.00
4 Static'Rail Themed' Exhibit Area SF 800 2.50 2000.00
5 Decomposed Granite Path SF 9560 2.50 23900.00
6 Asphalt Parking SF 4,000 3.50 14000.00
7 Concrete Header Band LF 200 6.60 1320.00
8 Period Equipment Area Enclosure LF 130 66.00 8580.00
9 8' Concrete Walk - (Connect to Cottonbelt) LF 75 33.00 2475.00
10 Benches EA 4 1650.00 6600.00
11 Picnic Tables EA 5 2450.00 12250.00
12 Drinking Fountain LS 1 3500.00 3500.00
13 Play Area & Swing Set LS 1 5000.00 5000.00
14 Horseshoe Pits EA 2 550.00 1100.00
15 Wheel Stops EA 17 33.00 561.00
16 Period Lamp Post EA 7 2500.00 17500.00
17 Rail Fence LF 215 22.00 4730.00
18 Park Signs EA 2 3,850.00 7700.00
19 Shade Tree EA 30 500.00 15000.00
20 Omamental Tree EA 30 350.00 10500.00
21 Groundcover /Perennial Plantings SF 1816 8.00 14528.00
22 Stone Edge LF 450 30.00 13500.00
23 Ornamental Vines EA 14 30.00 420.00
24 Hydromulch SF 85,000 0.30 25500.00
25 Irrigation SF 87,000 0.35 30450.00
26 Pruning of Existing Trees LS 1 2200.00 2200.00
27 Rail Car Exhibit EA 1 0.00 0.00
28 House Renovation ' LS 1 185700.00 185700.00
SUB-TOTAL $ 424,584.00
25% Contingency, Design Fees, and Permits 106,146.00
TOTAL SITEWORK $ 530,730.00
Assumptions:
1. Exhibit pieces for static railroad themed exhibits will be donated.
2. Rail car and placement of car will be donated.
3. Rails and ties for the rail siding will be donated, cost shown is for installation.
4. Period equipment exhibit pieces will be donated.
Cost estimate item includes wrought iron fence only.
" Cost of house renovation per Architexas estimate of 9/4/96.
AGREEMENT BETWEEN LANDSCAPE ARCHITECT AND CLIENT
This Agreement entered into by and between the City of Colleyville, 5400 Bransford Road,
Colleyville, TX 76034 (hereinafter called "Client"), and Newman, Jackson, Bieberstein, Inc.,
Banner Place North, 12770 Coit Road, Suite 210, Dallas, TX 75251 (hereinafter called
"Landscape Architect").
WITNESSETH
That the Client does hereby employ the Landscape Architect to render professional services for
the site development of Bransford Pazk
located on Bransford Road and Shelton Drive in Colleyville, Texas (hereinafter called the
"Project") to wit:
I. SCOPE
A. The Landscape Architect will provide an evaluation and recommendation
concerning the restoration of the Webb House and site grading recommendations
adjacent to the perimeter of the house located in Bransford Park.
The Client and the Landscape Architect agree as set forth below. This Agreement
supersedes any and all other Agreements either written or oral.
II. BASIC SERVICES
The Landscape Architect's Basic Services are as described below. These services will be
performed expeditiously and with professional skill and caze.
A. REHABILITATION MASTER PLAN AND GRADING PLAN FOR THE
WEBB HOUSE
1. The Landscape Architect will attend akick-off meeting with City Staff,
the Bransford Park Master Plan Committee, and the Historical
Preservation Committee to discuss project goals and parameters.
2. A Rehabilitation Master plan will be developed in accordance with the
"Secretary of the Interior Standards and Guidelines for Rehabilitating
Historic Buildings."
3. This Rehabilitation Master Plan will confirm those architectural features
and materials that aze important in defining the buildings' historic
1
chazacter and to establish the rehabilitation criteria for preserving each
one.
4. The plan will also determine the appropriate treatment of each element of
the existing historical fabric based upon the in-depth field investigation
and testing. Recommendations will be included for protection, repair, or
replacement of each material and feature. These recommendations would
also include the design for replacement of missing historical features.
5. The Master Plan will include photographs, a written outline of the work
and a preliminary estimate.
6. As part of these services, we will assist the City in identifying grant
opportunities and preparing a grant request to a selected agency.
7. A Site Grading Plan, for that portion of the pazk adjacent to the Webb
House, will be prepared that provides for appropriate drainage away from
the building. A turf re-establishment plan will be provided, but, no
irrigation plans are included.
8. We will attend two (2) co-ordination meetings with City Staff, Historical
Preservation Committee, and other Civic Organizations as part of these
services.
9. Prepare a preliminary level statement of probable construction cost.
10. Review documents with City Staff, Bransford Park Committee, and
Historical Preservation Committee for approval and authorization to
proceed.
1 1. Review Plans with Colleyville Park Boazd.
12. Review plans with Colleyville City Council.
III. CLIENT'S RESPONSIBILITIES
A. The Client will provide project information including a program and budget. This
information will set forth the Client's design objectives, project constraints and
criteria.
B. The Client will furnish a legal description and a certified land survey of the site
and obtain the services of soil engineers or other consultants when such services
are deemed necessary.
C. The Client will furnish structural, mechanical, chemical, and other laboratory
tests, inspections, and reports as required by law or the Contract Documents.
2
D. The services, information, surveys and reports required by Paragraphs III. B and
III. C will be furnished at the Client's expense, and the Landscape Architect will
be entitled to rely upon the accuracy and completeness thereof.
E. If the Client observes or otherwise becomes aware of any fault or defect in the
Project or nonconformance with the Contract Documents, prompt written notice
thereof will be given to the Landscape Architect.
F. The Client will furnish required information and will render approvals and
decisions expeditiously for the orderly progress of the Landscape Architect's
services and of the Work.
IV. CONSTRUCTION COST
A. DEFINITION
1. The Construction Cost is the total cost or Contractor's estimated cost to the
Client of all elements of the work designed or specified by the Landscape
Architect.
2. The Construction Cost does not include compensation of the Landscape
Architect or the Landscape Architect's consultants, land cost, rights-of-
way cost, or other costs incidental to the Project which are the
responsibility of the Client as provided in Article III.
B. RESPONSIBILITY FOR CONSTRUCTION COST
1. Neither the Landscape Architect nor the Client has control over the cost of
labor, materials, or equipment, over the Contractor's methods of
determining bid prices, or over the competitive bidding market or
negotiating conditions. Accordingly, the Landscape Architect does not
warrant or represent that bids or negotiated prices will not vary from any
Statement of Probable Construction Cost prepazed by the Landscape
Architect.
2. Any project budget or fixed limit of Construction Cost will be adjusted to
reflect any change in the general level of prices in the construction
industry between the date of submission of the Statement of Probable
Construction Cost and the date on which proposals are sought.
3. If a fixed limit of Construction Cost (adjusted as provided in IV.B.2) is
exceeded by the lowest bona fide bid or negotiated proposal by more than
20%, the Landscape Architect will at the Client's request, revise the
3
Contract Documents to comply with the project budget at no additional
charge.
V. BASIS OF COMPENSATION
The Client shall compensate the Landscape Architect for the services provided as
outlined below and in accordance with the terms and conditions of this Agreement. The
rates and multiples for services of the Architect and the Architect's consultants as set
forth in this Agreement shall be adjusted in accordance with their normal salary review
practices.
A. Payments for basic services, project expenses, and any approved additional
services will be billed monthly.
B. An allowance for project expenses has been included in the basic service fees and
include actual expenditures made by the Landscape Architect and their
consultants in the interest of the project for:
1. travel and related expenses,
2. long distance communications including facsimile transmissions,
3. fees paid for securing approval of authorities having jurisdiction over the
project,
4. reproductions and photocopying,
5. postage and delivery services,
6. expense of overtime work requiring higher than regular rates when
requested by the Client,
7. expense of any additional insurance coverage or limits including
professional liability insurance requested by the Client in excess of that
normally carried by the Landscape Architect and the Landscape
Architect's consultants.
C. No deductions will be made from the Landscape Architect's compensation on
account of sums withheld from payments to contractors.
D. If the project is suspended or abandoned in whole or in part for more than 90
days, the Landscape Architect shall be compensated for all services performed up
to the date of receipt of written notice from the Client of such suspension or
abandonment, together with reimbursable expenses then due. If the project is
resumed after being suspended for more than 90 days, the Landscape Architect's
compensation maybe equitably adjusted.
4
E.
F.
G.
Failure to honor billings in a timely manner justifies cessation of further service.
The fees outlined in this Agreement are subject to renegotiation should the project
scope change significantly at any phase.
For basic services as described in Article II, compensation will be computed as
follows:
WEBB HOUSE REHABILITATION MASTER PLAN AND GRADING
PLAN
Rehabilitation Master Plan $ 4,500.00
Granting Assistance 2,000.00
Grading Plan 4,600.00
Progress Co-ordination Meetings 800.00
(2 @ 400.00)
Park Board Presentation 400.00
Council Presentation 400.00
Sub-total $12,700.00
Allowance for Project Expenses 1,000.00
TOTAL $13,700.00
H. For additional services, compensation shall be computed as lump sum, or on an
hourly basis, as mutually agreeable to both parties.
I. Payment is due upon receipt of invoice and is payable at the offices of Newman,
Jackson, Bieberstein, Inc., Banner Place North, 12770 Coit Road, Suite 210,
Dallas, Texas 75251.
5
VI. OWNERSHIP AND USE OF DOCUMENTS
All documents, including electronic files, drawings and specifications, prepazed by the
Landscape Architect to this agreement are instruments of service in respect of the Project
and remain the property of the Landscape Architect. No one other than the Client is
entitled to rely on such documents without the previous written consent of the Landscape
Architect and Client. Upon termination of this Agreement, by its completion or earlier
termination, Client shall be entitled to receive from Landscape Architect blueprint and
electronic copies of all work completed by Landscape Architect as of the date of
termination for Client under this Agreement. Client hereby warrants and represents that
Client shall not alter or modify Landscape Architect's designs or distribute copies of
Landscape Architect's electronic work products to other consultants without the exclusive
permission of Landscape Architect. Such permission shall not be unreasonably withheld.
VII. TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party upon seven days written notice
should the other party fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination.
B. This Agreement may be terminated by the Client upon at least seven days written
notice to the Landscape Architect in the event that the project is abandoned.
C. In the event of termination not the fault of the Landscape Architect, the Landscape
Architect will be compensated for all services performed to termination date
together with Reimbursable Expenses then due.
VIII. MISCELLANEOUS PROVISIONS
A. This Agreement is governed by the laws of the principle place of business of the
Landscape Architect.
B. The Client and the Landscape Architect respectively, bind themselves, their
partners, successors, assigns, and legal representatives to the other party, to this
Agreement and to the partners, successors, assigns, and legal representatives of
such party with respect to all covenants of this Agreement. Neither the Client nor
the Landscape Architect shall assign, sublet or transfer any interest in this
Agreement without the written consent of the other.
IX. IDENTIFICATIONS
6
All documents provided under this Agreement and all materials released for publication
or public relations shall be identified with the following legend:
NEWMAN, JACKSON, BIEBERSTEIN, INC.
LANDSCAPE ARCHITECTS AND PLANNERS
During construction activities, a sign supplied and erected by the Landscape Architect
and bearing the aforementioned legend, will be displayed at the project site for the
duration of the construction activity. If an overall project sign is constructed by the
contractor for the Owner, the same legend above may be substituted for an independent
project sign.
X. ADDITIONAL SERVICES
If any of the following additional services are authorized in writing by the Client, they
will be paid for by the Client as provided for in Article V. above.
A. Revising drawings, specifications or other documents previously approved to
accomplish changes requested by the Client;
B. Assisting the Client in arranging for the work to proceed should the Contractor
default due to delinquency or insolvency;
C. Providing prolonged administration of construction contract should the
construction contract time be exceeded by more than sixty (60) days through no
fault of the Landscape Architect;
D. Preparing record drawings showing construction changes in work or final
locations of irrigation equipment, mechanical, or electrical service lines and
outlets;
E. Providing on-site surveying, project staking or field verifications;
F. Preparing presentation models or renderings beyond those described in Basic
Services;
G. Providing geotechnical services;
H. Providing graphic design;
I. Architectural and/or engineering plans for the Webb House restoration or
foundation stabilization;
J. Assistance in the design of static museum displays;
K. Structural engineering for site construction items;
7
L. Other items not specifically covered in the scope of Basic Services.
This Agreement entered as of the date written below by Client.
NEWMAN, JACKSON, BIEBERSTEIN, INC.
Gene W. Newman
President
Date
Title
Date
8
EXHIBR t
Fyn ~.r ~w~..,.~.~~...~. ~-• ----- • --• -
NOMIC pEVELOPMENT C/1PITAL IMppOVEM
I - P~~ FY 2000 - FY 200
ENT
~,
ECO 2001 2002 2003
199'9 2000
FISCAI. YFJ1R 038
5469 5418.430 5301,170 1141.568
BEGINNING FUND BALANCE 5719'079 5703'101
,
.. 12 CENT SALES TAX REVENUE
TED 583G,4~ 1960.924 51.026'996
000
5130 51,109.158
590.000 51.197.890
550.000 51 i50J~00
PROJEC
INTEREST INCOME 5100.000 570.000 .
550.608 St 14,260 5162,602 ~
USE OF FUND BALANCE
• Sts' ~ 196,000 ~~•~ ~ ~ ~
REMAINING FY 97 BONG PROCEEDS
1952.406 51.319.887 51,607.606 51.313,418 51.410.493 51,343.772
TOTAL REVENUES
OPERATING:
400
57 57,400 57.400 57,400 57.400 57.400
ADMINISTRATNE
,
1997 DEBT SERVICE 6 1.4 TIMES COVERAGE 1692,432 SG85,861 ~•~ 5677,018 5668.093 5666,044
PROPOSED DEBT SERVICE 61.4 TIMES COV ~ ~ ~'~ ~'~ ~~ ~~
CAPRAI: 755
56 ~ Sp 50 ~ ~
BRANSFORD PARK PLAN ,
BRANSFORD PARK RESTORATION
Sp
575.000
5180.000
~
~
~
CITY ENTRANCE MARKERS 51,524 5177.618 50 ~ ~ ~
CITY PARK SHADE STRUCTURES ~~~ ~ ~ ~ ~ ~
COMMUNITY CENTER STARTUP 530,692 519,308 m ~ ~ ~
KIMZEY PARK DEVELOPMENT ~ ~•~ ~ ~ ~ ~
LIBRARY STARTUP' ~ ~ ~'~ ~ ~ ~
MC PHERSON PARK PLAN' S0 145.000 5100'000 i0 ~ ~
PARK LAND PURCHASE ~ ~ ~ ~'~ ~ ~
PARK MASTER PLAN UPDATE 115,000 m 10 50 ~ ~
SCHOOLISOCCER FIELD PARK LAND • 50 190,000 590,000 190.000 ~'~ ~'~
SPARGER -NATURE CENTER TRAIL ~ ~ ~ ~ 5393,000 ~
RESTROOMS FOR EXISTING PARKS 1159,603 50 i0 SO 50 m
TOTAL EXPENDITURES 1962.408 51.349.987 11,807,606 51,313,418 11,410,493 51A15,444
EXCESS REVENUES OVER EXPENDRURES 10 i0 50 50 SO x.2'17
ENDING FUND BALANCE
570Ci,101 1469,038 5418,430 1304,170 1141.588 5489.845
* THE REMAINING 1997 BOND PROCEED6 (1485,000) ARE ALLOCATED TO FIELD PARK LAND X550,000 - FY 2000),
LIBRARY START-UP (1300,000 - FY 2001), AND MC PHERSON PARK (5145,000 - FY 2000, 6 FY 2001)
CITY COUNCIL
~i~. w
~~ 1~
Tcs~>
AGENDA BRIEFING
For mt .: 08/02/00 CMO Approval:
Item #
3e
Resolution #
R-00-1690
Previous Action: None
DEPT.
PARKS AND RECREATION
SUBJECT
Approval of the redirection of Voluntary Park Fund
monies in the amount of $10,453 as
recommended by the Parks and Recreation
Advisory Board
Reading and Public Hearing
Back round
On July 17, 2000, the Parks and Recreation Advisory Board reviewed the status of
Voluntary Park Fund projects, as approved by the Board and the City Council. Upon
review, the Board determined that funds remain encumbered for projects that have
been completed. The Board recommended that these funds be redirected to the
Voluntary Park Fund balance. (See attached). The approved projects are as follows:
x.~ -- ~ a~
CITY MANAGER
DE
FI
HEAD
IAL REVIEW (IF NECESSARY)
(continued)
Agenda Briefing
Resolution R-00-1690
Page 2 of 3
Volunta Park Fund Pro'ect A roved Allocation Ex enditures To Date
Picnic Tables $ 2,250 $ 0
Balance of Colle ville Middle School Li htin $ 8,100 $ 0
Balance of L.D. Lockett House Renovations $ 2,534 $ 2,534
Balance of Woodbriar Park Im rovements $ 143 $ 0
Balance of O en S ace Master Plan $ 16,628 $ 16,628
Balance of Cit Park Shade Structures $ 8,060 $ 0
L.D. Lockett House Im rovements $ 22,000 $ 1,446
Pleasant Run Practice Master Plan $ 13,500 $ 10,650
Cottonbelt Phase II Grant A lication $ 41,236 $ 0
Cottonbelt Phase II Local Match $ 48,000 $ 0
S ar er Park Trail Grant A lication $ 2,450 $ 2,450
S ar er Park Trail Grant Local Match $ 19,123 $ 0
Upon completion of review, the Board determined that the following projects should be
deleted:
Picnic Tables -These funds were approved in 1993 to purchase and install picnic
tables in City Park. The 1998 renovation of City Park was completed without the use of
these funds.
Balance of Woodbriar Park Improvements -These funds were approved in June 1998
with a total project expenditure of $2,857. This project is complete with a balance of
$143.
Balance of City Park Shade Structures -These funds were approved in March 1999
with a total project expenditure of $27,904. This project is complete with a balance of
$8,060.
Financial Impact
The Parks and Recreation Advisory Board recommends that a total of $10,453 be
returned to the Voluntary Park Fund balance, for a total unencumbered balance of
$164,101.
Recommendation
Staff recommends that the City Council accept the recommendation of the Parks and
Recreation Advisory Board.
Agenda Briefing
Resolution R-00-1690
Page 3 of 3
Attachments
Financial Status of Voluntary Park Fund, as of June 30, 2000 (paper only)
FINANCIAL STATUS OF VOLUNTARY PARK FUND AT 6-30.2000
FUND BALANCE AT 9-30-99:
FY 2000 REVENUE
Donations: PROJECTED ACTUAL
October 58,739 58,739
November 59,313 59,313
December 58,843 58.843
January 59,408 59,408
February 59,488 59,488
March 58,640 58.840
Apnl 58.950 58,537
May 59,000 59,528
June 59,000 59,217
Juty 59,050 SO
August 59.050 50
September S9 100
SO
Total Donations 5108 581
Interest income Received
TOTAL
FY 2000 EXPENDITURES
PICNIC TABLES (5) "
BALANCE OF C'VILLE MIDDLE SCHOOL LIGHTING ++
BALANCE OF L.D. LOCKETT HOUSE RENOVATIONS --
BALANCE OF WOODBRIAR PARK IMPROVEMENTS "^
BALANCE OF OPEN SPACE MASTER PLAN »
BALANCE OF CfTY PARK SHADE STRUCTURES =_
L.D. LOCKETT HOUSE IMPROVEMENTS «
PLEASANT RUN PRACTICE MASTER PLAN 88
COTTONBELT PHASE II GRANT APPLICATION 88
COTTONBELT PHASE II LOCAL MATCH ~~
SPARGER PARK TRAIL GRANT APPLICATION~~
SPARGER PARK TRAIL GRANT LOCAL MATCH@~
TOTAL
UNENCUMBERED FUND BALANCE AT 6-30-20D0 (COUNCIL APPROVED)
RECOMMENDED APPROVED
(BOARD) (COUNCIL)
5200,692
EXPENDED
Sz.zso 52,zso 50
58,100 58.100 SO
52,534 52,534 52.534
5143 5143 SO
516,628 516,628 516,628
58,060 58,060 SO
522,000 522,000 51,446
513,500 513,500 510,650
541,236 541,236 SO
sae,ooo w ~
52,450 52.450 52,450
519,123 519,123 SO
5184,024 5136,024 533,708
5153.648
PROJECTED FUND BALANCE AT 9-30-2000
EXPENDITURE KEY:
" FY 2000 PROJECT/APPROVED AUG 93
++ FY 2000 PROJECT/APPROVED JULY 96
- FY 2000 PROJECTlAPPROVED MARCH 97
"^ FY 2000 PROJECT/APPROVED JUNE 98
» FY 2000 PROJECT/APPROVED FEB 99
== FY 2000 PROJECT/APPROVED MAR 99
FY 2000 PROJECT/APPROVED SEPT 99
88 FY 2000 PROJECT/APPROVED OCT 99
Q~ FY 2000 PROJECT/APPROVED MAY 2000
, ao i,i is
510,000 57,267
5118,581 588,980
5183,249
CITY COUNCIL
iii.- o/
~~
YY J Tcsas
AGENDA BRIEFING
For mt .: 08!02/00 CMO Approval:
Item #
3f
Resolution #
R-00-'1690
Previous Action: None
DEPT.
Public Services
SUBJECT
Approving the 2000 Water Meter Change-out
Program Contract, in the amount of $26,200, with
M. L. Gregory Ent., Inc. - by Consent
Reading and Public Hearing
Background
Most of the water meters utilized by the City of Colleyville are of the size of 1-1/2 inches
and smaller. In conjunction with a 1994 water conservation plan, the City has adopted a
program of replacing 10 percent of the total of these meters on an annual basis to equal
a total replacement cycle every ten years. The program began in 1995 and the
following table indicates meter replacement quantities with respective costs per program
year:
CITY MANAGER
ARTMENT HEAD
(continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1690
Page 2
Year Low Bidder Bidders Meters Low Bid
1995 Schlumber er Industries 3 350 $20,075.00
1996 O.K. Concrete Works 3 468 $17,802.50
1997 Webb Construction 3 600 $13,250.00
1998 Pi a Con Inc. 2 650 $24,550.00
1999 Allison-Bro es 1 650 $32,025.00
Public Works advertised in the Fort Worth Star Telegram for a bid opening date of July
24, 2000 for the 2000 Water Meter Change-out Program and three bids were received.
The lowest responsive bid was received from M. L. Gregory Ent., Inc. of Denton, Texas
in the amount of $26,200 for the replacement of approximately 700 meters. The second
low bid was received from Larett, lnc. of Kaufman, Texas in the amount of $39,750.
The third and highest bid was received from R-Con, Inc. of Irving, Texas in the amount
of $254,900. Phone conversations with R-Con, Inc. indicated that the company was not
experienced in meter replacement and their bid was based exclusively on comments
received from other contractors.
Financial Impact
Funds are available in the Utility Operations budget line item 002-61-6226,
"Miscellaneous Contractual Services."
Recommendation
Approval of a contract with M. L. Gregory Ent., Inc. in an amount not to exceed $26,200
for the 2000 Wa#er Meter Change-out program.
Attachments
^ Bid Summary
10.0 AUTHORITY
1 agree to meet the stated minimum n3quiremer-ts as set for in these specifications and any documents
attached for the fdlowing total prices:
IT M N DESCRIPTION QUANTITY t„1NIT PRICE TOTAL PRICE
1. Remove old meter and 700 meters $ 30.00 $ 21.000.00
install new meter induding
the attachment of a new
meter boot Nd, if necessary.
City will provide the meter
and lid.
note:Contractor shad be responsible for the cost of any damaged or lost meters, boxes, lids, risers and other
City supplied components in Contractors custody.
2. A itio 1 charge to 100 boxes $ 25.00 $ 2.500.00
remove dd meter boot and
install new meter boa that
does not require cutting
through a sidewalk or
driveway. City will
furnish the box.
3. i 'o charge to 15 bouces $ 140.00 $ .100.00
remove dd meter box
and install new meter
box that ~ require
cutting concrete.
4. Additional charge to 10 re-setters $ 20.00 $ 200.00
install a new n~-setter
when the meter is
replaced. The City
will furnish the resetter.
Contractor shall be
responsible for the
cost of any resetter
broken or damaged
during meter repl2~emertt.
5. Additional charge for 10 replaoerrrerrts $~,,Q~, $400.00
replacing the City's
meter stop to City
specifications.
TOTAL OF ESTIMATED QUANTITIES S 26.200.00
Cl~c or
~`a
CITY COUNCIL r~<,~ AGENDA BRIEFING
For mt .: 08/02/00 CMO Approval:
Item#:
3g
Resolution #
R-00-9690
Previous Action: None
DEPT.
CITY MANAGER'S OFFICE
SUBJECT
Approval to enter into an agreement with Clarence
West of Dow, Cogburn and Friedman, P.C., to
represent the City concerning proceedings before
the Public Utility Commission ("PUC") involving
Preemption of Municipal Police Powers as to
Management of Public rights-of-way for an
amount not to exceed $5,000 - by Consent
Reading and Public Hearing
Background
Since 1998, the City has worked with a coalition of cities, including Bedford, Euless,
Grapevine, Hurst, Keller and other cities within the Metroplex, to secure the services of
Clarence West of Dow, Cogburn and Friedman, P.C. to represent the cities in matters
related to telecommunication and rights-of-way issues. Mr. West has worked with the
coalition regarding the development of ordinances related to House Bill 1777 for
management of public rights-of-way and cable and open video system providers.
(continued)
~~~ ~~ Q~
CITY MANAGER
DE ARTMENT HEAD
FI IAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1690
Page 2 of 2
On July 25, 2000 Southwestern Bell Telephone, GTE and the Texas Telephone
Association confirmed their intent to file a formal request to the Public Utility
Commission ("PUC") to promulgate "PUC" rules regarding the extent and types of
regulations and ordinances that a city may lawfully adopt to manage the public rights-of-
way.
On the basis of the above, Mr. West has prepared the attached agreement to provide
representation concerning proceedings before the Public Utility Commission involving
preemption of municipal police powers as to the management of public rights-of-way.
(See attached).
Financial
To date, ten (10) cities have expressed an interest in joining this coalition. The
expenses will be billed 1/10 to each City. If more cities participate in the coalition, the
pro rata portion will decrease accordingly. Funds are available in legal services in an
amount not to exceed $5,000.
Recommendation
Approval of entering into an agreement with Clarence West of Dow, Cogburn and
Friedman for representation concerning proceedings before the Public Utility
Commission ("PUC") involving preemption of municipal police powers as to
management of public rights-of-way.
Attachments:
Dow, Cogburn & Friedman Agreement (paper only)
DOW,
COGBURN ~
FRiF.1~M AN_ F
ATTORNEYS AT IAW
July 25, 2000
VIA FEDERAL EXPRESS
City of Colleyville
5400 Bransford Road
Colleyville, TX 76034
Attn: Dianne McWethy
Clarence A. West
OF Counsel
713-940-6034
ca..ertCdcf.oom
Re: Representation concerning proceedings before the Public Utility Commission
("PUC")involving Preemption of Municipal Police Powers as to Management of
,Public rights-of--way
p,~,,,.~
Dear Ms. N[cWethy:
I a/ppreciate the opportunity to represent your City, as one of the Cities in the "Coalition
of Cities on Police Power/Preemption issues" ("Cities"), in matters conceming proceedings
before the PUC involving preemption of municipal police powers as to management of the
rights-of-way. My representation would consist of the following:
(1) Review each city's regulations and ordinances conceming management of the
Right of City.
:: (2) Monitor and review filings and pleadings before the PUC conceming preemption
of police powers as to management of the public rights-of--way.
(3) Prepare and file responsive pleadings on behalf of Cities with the PUC on the
preemption issue.
(4) Review and recommend any particular changes or revisions to individual cities
regulations or ordinances, to the extent required by the PUC proceeding.
(5) Brief city officials byway of email as to the PUC proceedings, or individually, as
requested by a City.
Consistent with what had been done in the past, I will maintain a detailed billing memo
on all hours worked on matters that are generally applicable to all Cities and bill each City its
proportionate share of those fees, with each City receiving a detailed billing memo. To the
9 Cireenway Plaza • Suite 2300 • Houston, Tezar 77046 • 713-940-6000 • FAX: 713-940-6099 • ~vww.el~com
July 25, 2000
Page 2
extent any particular City has a unique issue which is relevant to that City alone and which
services are requested, that City would be billed individually for those services. My current
hourly billing rate is $275.00 per hour. As was my custom in the past, the rate will be
discounted to the Coalition to $225.00 per hour, (subject to annual adjustments in the event the
proceedings exceed twelve months, which is not anticipated). However the pro-rata amount
billed to your city will not exceed the amount of $5,000.00 without further authorization.
I have executed one copy of this letter for your records. I would very much appreciate
it if each City would return to me either by mail or by fax, the other copy of this letter, with a
signature of the appropriate City ofFcial acknowledging that this is an acceptable approach for
my representation.
I look forward to working with each of you again as we move through this matter. If you
have any questions, please do not hesitate to contact me.
Sincerely,
DOW, COGBURN & FRIEDMAN, P.C.
By
Clarence A. West
Return to Clarence West:
Such Representation As Described Above Is Approved for Colleyvillle, Texas:
By
Name
Title
Date
110516\0001 V.TRENG03.FRM
O:\1 IOU 10516\OOOIV..TRENG03.FRM
DOW,
COGBURN ~
FRTF.T)M AN_ F
ATTORNEYS AT lA®
July 25, 2000
VIA FEDERAL EXPRESS
City of Colleyville
5400 Bransford Road
Colleyville, TX 76034
Attn: Dianne McWethy
Clarence A. West
713-940-6034
caw•edC~~mm
Re: Representation conceming proceedings before the Public Utility Commission
("PUC") involving Preemption of Municipal Police Powers as to Management of
Public rights-of-way
Dear Ms. McWethy:
I appreciate the opportunity to represent your City, as one of the Cities in the "Coalition
of Cities on Police Power/Preemption issues" ("Cities"), in matters concerning proceedings
before the PUC involving preemption of municipal police powers as to management of the
rights-of-way. My representation would consist of the following:
(1) Review each city's regulations and ordinances conceming management of the
Right of City.
,~~ • ; (2) Monitor and review filings and pleadings before the PUC conceming preemption
of police powers as to management of the public rights-of-way.
(3) Prepare and file responsive pleadings on behalf of Cities with the PUC on the
preemption issue.
(4) Review and recommend any particular changes or revisions to individual cities
regulations or ordinances, to the extent required by the PUC proceeding.
(5) Brief city officials by way of email as to the PUC proceedings, or individually, as
requested by a City.
Consistent with what had been done in the past, I will maintain a detailed billing memo
on all hours worked on matters that are generally applicable to all Cities and bill each City its
proportionate share of those fees, with each City receiving a detailed billing memo. To the
9 Greenw•ay Plaza • Suite 2300 • Houston, Teaae 77046 • 713-940-6000 • FAX: 713-940$099 • .v.vw.dcl:com
July 25, 2000
Page 2
extent any particular City has a unique issue which is relevant to that City alone and which
services are requested, that City would be billed individually for those services. My current
hourly billing rate is $275.00 per hour. As was my custom in the past, the rate will be
discounted to the Coalition to $225.00 per hour, (subject to annual adjustments in the event the
proceedings exceed twelve months, which is not anticipated). However the pro-rata amount
billed to your city will not exceed the amount of $5,000.00 without further authorization.
I have executed one copy of this letter for your records. 1 would very much appreciate
it if each City would return to me either by mail or by fax, the other copy of this letter, with a
signature of the appropriate City official acknowledging that this is an acceptable approach for
my representation.
I look forward to working with each of you again as we move through this matter. If you
have any questions, please do not hesitate to contact me.
Sincerely,
DOW, COGBURN & FRIEDMAN, P.C.
gy C./ `
Clarence A. West
Return to Clarence West:
Such Representation As Described Above Is Approved for Colleyville, Texas:
By
Name
Title
Date
110516\0001 \LTRENG03. FRM
O:U l0U 10516\OOOIV,TRENG03.FRM
CITY COUNCIL
C~~~' nI
~, ~~
>~.<,;
AGENDA BRIEFING
For mt .: 08/02/00 CMO Approval:
Item #
4
Ordinance #
0-00-1227
Previous Action: 07/18/00
DEPT.
COMMUNITY DEVELOPMENT
SUBJECT : A zoning change requested by Tom Vogt of Vogt
Surveying for Susan R. Green to rezone a 1.947
acre tract at 909 Gtade Road from an AG zoning
district to a CC1 zoning district.
Second Reading and Public Hearing
U date
There are no changes from the July 18th public hearing.
First Reading and Public Hearing
Background
The owners of this property located behind the Sonic Drive-In wish to rezone the tract
for commercial purposes. The house on this lot is very old, especially for Colleyvilte,
and the new owners want to renovate the house to use it for retail purposes as an "Herb
and Nutrition Center". Retail is the type of use envisioned in the City's latest master
plan. As can be seen on the Zoning Exhibit -site plan, only small changes will be
made to the site in an attempt to preserve not only the house, but much of the existing
tree cover. There is a small parking lot that will be created at the rear of the property,
entering from Village Park Drive, which will allow preservation of many of the trees.
Many interior modifications will have to be made to convert the house from a residential
quarters to a retail shop and "tea room" restaurant.
~ t (continued)
CITY MANAG R
DEPARTM T HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1227
Page 2
Impact Issues
1. Master Plan. As noted, this proposal is compatible with the Colleyville Master Plan
adopted in 1998 since this area has been identified for commercial uses.
2. Surrounding Properties. All of the properties surrounding this lot are zoned and
developed for commercial purposes.
3. Development Trends. Since most of this area is already developed, the only
development trend in this area would be for commercial uses.
4. Infrastructure. Utilities, including sewer and water are already provided to this
site. The property must be platted prior to obtaining a Certificate of Occupancy for
the new use. It will be determined at that time if additional right-of-way will be
needed for Glade Road.
5. Current Zoning Suitability. The area is currently zoned Agriculture (AG) and
although the existing house on this property is appropriate as an existing use, long-
term use is not. The property is completely surrounded by commercial zoning and
development making this property more conducive to commercial purposes. Also
the Master Plan calls for commercial development in the future.
6. Economic Development Since this property will convert from residential to a
business that will collect city sales tax, there will be a considerable positive change
to the city's economy.
i 7 Trail System Plan. This development will be impacted by the Collewille Pafhwavs
Plan adopted January 1999, since a major "Planned Path" is scheduled for the rear
of the property along Village Park Drive. A sidewalk will be required across the
Glade Road side of the property.
The Planning & Zoning Commission conducted a public hearing and considered this
zoning change request at its June 26, 2000 meeting and recommended approval by a
unanimous vote.
Recommendation
Approval of Ordinance 0-00-1227
Attachments
^ Location and Zoning Map (see Ordinance Exhibit 'A')
^ Planning & Zoning Commission Minutes
^ Zoning Exhibit -site plan
^ Statement of Planning Objectives
^ List of Property Owners Within 200'
Planning ~ Zoning Commission Minutes of June 26, 2000
1. PUBLIC HEARING - A Zoning Change requested by Tom Vogt, Vogt Surveying for
Susan R. Green, from AG to CC1 (village retail) on 1.947 acres located at 909 Glade
Road. Case Z-00-046
Tom Niederauer presented the case to the Commission. Discussion ensued about the
Colleyville Pathway Plan and the location of the pathway in the area of the zoning
change. Chairman Hart opened the public hearing. There being no one present
wishing to speak, the public hearing was closed. The Commission stated that they were
pleased that the historic home was not going to be torn down and the home and
property would be renovated.
Commissioner Rutherford moved to recommend approval of the zoning change
request. Commissioner Fletcher seconded the motion. The vote being:
Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart
Noes: None
Respectfully Submitted,
Jan Levy
Planning & Zoning Assistant
,..sr
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0
ZONNO EXIEBIT
ZOI~NNa CNANOE REOt1E8T
AO to CC1
May 26, 2000
PROPOSED ZONING CHANGE
909 GLADE ROAD
COLLEYVILLE
STATEMENT OF PLANNING OBJECTIVES
It is proposed the existing residence will be turned into a Herb and Nutrition Center.
DEVELOPMENT SCHEDULE
The project will be completed after zoning and platting is approved.
STATEMENT OF PROPOSED OWNERSHIP
Proposed owner will be Country Herbs.
STATEMENT OF UTILITIES TO BE PROVIDED
Existing utilities will be utilized.
i r4-~r:tve
MAY 2 6 2000
CITY OF COLLEYt~ILLE
BY C;.~~fMl!NITY DE1JELpF!rE~~T
Susan R. Green Jno E. Thompson
for Barbara E. Redding P.O. Box 3
500 Sagebrush Colleyville, TX 76034
Colleyville, TX 76034
T U Tutt, Jr. Estates of Village Park Inc.
P.O. Box 6 1905 Industrial Blvd.
Colleyville, TX 76034 Colleyville, TX 76034
Jerry & Barbara Lonon Golden Games II
4928 Lakewood Drive 1517 Jacksboro Highway
Colleyville, TX 76034 Fort Worth, TX 76114
Nelle Sawyer TR Village Park SP Ctr Partnership
Sawyer Living Trust 33493 W. 14 Mile Road, #100
1594 Kalaniuka Circle Farmington Hills, MI 48331
Honolulu, HI 96821-1252
Cavallino Properties Ltd Three Zell Inc.
4511 Lakeside Drive 9400 S. Dadeland Blvd. PH 1
Colleyville, TX 76034 Miami, FL 33156
Case Z-00-046
John R Looney
4917 Colleyville Blvd.
Colleyville, TX 76034
James McElroy
4925 Lakewood Drive
Colleyville, TX 76034
Colleyville Monticello Ltd.
1111 South Main Street, #2p0
Grapevine, TX 76051
ASG Colleyville Park Ltd.
9220 Skillman Rd., #201
Dallas, TX 75243
According to the last published Tax Records dated 09-01-99, individuals who own property that
is within the 200' of the proposed zoning change request are listed above. I certify that the
parties listed above have been notified of the proposed zoning change request as
required by Section 211 the Local Government Code. (Notices dated: June 16, 2000)
Jan Levy
Planning & Z ing Assistant
ORDINANCE 0-00-1227
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE
CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING
MAP AND CHANGING THE ZONING OF A 1.947 ACRE TRACT OF LAND
LOCATED AT 909 GLADE ROAD, TRACT 1, THOMAS J. POULSON
SURVEY, IN THE CITY OF COLLEYVILLE FROM THE AG - AGRICULTRAL
ZONING DISTRICT TO THE CC1 VILLAGE RETAIL DISTRICT; PROVIDING
FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION
WHEREAS, an application for a zoning district change was filed by Thomas
Vogt on May 26, 2000, under Case Number Z-00-046; 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 Land
Development Code; 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 Land
Development Code 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 Land Development Code of the City of
Colleyville, Texas, and the accompanying Zoning Map are hereby
amended insofar as they relate to certain land located in Colleyville,
Texas, as Tract 1 of the Thomas J. Poulson Survey, by changing
the zoning of said property from the AG -Agricultural district to the
CC1 Village Retail district (Exhibit A).
Ordinance 0-00-1227
Page 2 of 2
Sec. 2. THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
of the City of Colleyville 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. 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 day of
2000.
The second reading and public hearing being conducted on the day of
2000.
ATTEST:
Jean Harris, CMC
City Secretary
CITY OF COLLEYVILLE:
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
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EXHIBIT `A'
Ordinance 0-00-1227
CITY COUNCIL
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AGENDA BRIEFING
For mt .. 08/02/00 CMO Approval:
Item #
5
Ordinance #
0-00-1228
Previous Action: 07/18/00
DEPT.
POLICE
SUBJECT
Approval of Ordinance 0-00-1228, an ordinance
establishing Bogart Street as a two-way street
from Highway 26 to Pleasant Run Road,
establishing a 20 miles per hour speed zone for
specific hours on school days on Bogart Street,
Pleasant Run Road and Hall-Johnson Road,
repealing Ordinance 0-83-473.
Second Reading and Public Hearing
Background
In April 2000 the City completed the extension of Hall-Johnson Rd. to its intersection
with Bogart Street. As part of the construction project, Bogart Street was closed at its
intersection with Highway 26, eliminating traffic ingress and egress. The extension of
Hall-Johnson Road and the closing of the intersection of Bogart Street and Highway 26
has prompted the City to review the current ordinance (0-83-473) which restricts Bogart
Street to one-way traffic during morning and afternoon school hours. After conducting a
study and review of the completed construction with the City engineers and
representatives of Grapevine-Colleyville Independent School District, we determined
~,~f~~ ~ ~~ . (continued)
CITY MANAGER ~~ ~,~
EP T
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1228
Page 2
that Bogart Street no longer needed to be designated as a one-way street during
morning and afternoon school hours. No additional traffic hazards will be created nor
will pedestrian traffic be endangered.
Financial Impact
There will be some minor costs associated with the removal of the one-way signs and
the installation of some additional signage on Bogart Street between Hall-Johnson and
Highway 26.
Recommendation
Approval of Ordinance 0-00-1228.
Attachments
See ordinance 0-83-473 (paper attachment)
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ORDINANCE N0. 0-83-473
3 AN ORDINANCE ESTABLISHING BOGART STREET AS A ONE-WAY STREET FROM
HIGHWAY 26 TO PLEASANT RUN ROAD FOR SPECIFIC HOURS ESTABLISHING
4 A 20 MILES PER HOUR SPEED ZONE FOR SPECIFIC HOURS ON SCHOOL DAYS
ON BOGART STREET AND PLEASANT RUN ROAD, PROVIDING A PENALTY AND
5 AUTHORIZING PUBLICATION.
WHEREAS, the City has conducted a traffic study on Bogart Street
6 and Pleasan t Run Road ; and ,
7 WHEREAS, the Council is of the opinion that there currently
exists a traffic hazard on Bogart Street, which presents
g a danger to school children; and,
9 WHEREAS, the Council is of the opinion that making Bogart one-
way, allowing people to travel only westerly from
Highway 26 to Pleasant Run Road will substantially re-
10 duce said hazard; and,
11 WHEREAS, the establishment of a 20 miles per hour speed zone from
7:30 a.m. to 4:00 p.m. on Bogart and Pleasant Run Road
12 from its intersection with Church Street to its
intersection Shelton will also substantially reduce said
traffic hazard; and,
13
WHEREAS, the Council is of the opinion that in order to protect
14 the life, safety and welfare of the citizens of the City
of Colleyville and the public in general, immediate
adoption of the subject measures is necessary; NOW,
15 THEREFORE,
16 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF COLLEYVILLE, TEXAS:
17 Sec. 1. THAT motor vehicles are hereby prohibited from travelling
east or in a easterly direction on Bogart Street from
18 its intersection with State Highway 26 to its intersec-
tion with Pleasant Run Road between the hours of ?:30
a.m. to 8:30 a.m. and 2:30 p.m. to 3:30 p.m. The chief
19 of police shall post Bogart Street as a one-way street
in accordance with this ordinance.
20
Sec. 2. That the maximum prima facia reasonable and prudent
21 speed limit on Bogart Street and Pleasant Run Road
between its intersection with Church Street and Shelton
22 be and is hereby established to be 20 miles per hour
between the hours of 7:30 a.m. and 4:00 p.m. on school
days.
23
24
25
1
26
i~
i~Ordinance 0-83-473
Page 2
1
2
3 Sec. 3. Any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of s
4 misdemeanor and upon final conviction thereof fined in
an amount not to exceed Two Hundred Dollars ($200.00).
Each and every day such violation continues shall con-
s stitute a separate offense and is punishable as such.
g Sec. 4. The City Secretary is hereby authorized and directed to
cause publication of the descriptive caption and penalty
7 clause of this ordinance as an alternative method of
publication provided by law.
8 AND IT IS SO ORDERED.
9 The fist reading
-~ day of _
10 The send readin
S'/ day of _
11 The trd reading
_~! day of _
12
13
14
15
16 ATTEST:
17
lg LaVada Johnson
-, City Secretary
CITY OF COLLEYVILLE
By:
Buck Hubbard , Ma or
19
Approved as to fonrm and legality:
20 ~~ / 1
Ross Fo-s"ter
22 City Attorney
23
24
25
26
an~_ pub~c hearing being conducted on the
C~~ ,Qj},G 198 3 .
g and blic earing being conducted on the
1983.
and lic earing being conducted on the
1983.
2
ORDINANCE 0-00-1228
AN ORDINANCE ESTABLISHING BOGART STREET AS A TWO-WAY STREET
FROM HIGHWAY 2fi TO PLEASANT RUN ROAD AND HALL-JOHNSON ROAD,
MAINTAINING A 20 MILES PER HOUR SPEED ZONE FOR SPECIFIC HOURS ON
SCHOOL DAYS ON BOGART STREET AND PLEASANT RUN ROAD AND
ESTABLISHING A 20 MILES PER HOUR SPEED ZONE FOR SPECIFIC HOURS ON
SCHOOL DAYS ON HALL-JOHNSON ROAD, PROVIDING FOR A PENALTY FOR
VIOLATIONS AND AUTHORIZING PUBLICATION; REPEALING ORDINANCE 0-83-
473
WHEREAS, establishing Bogart Street as a two-way street during morning and
afternoon school hours will improve traffic flow; and
WHEREAS, no additional traffic hazards will be created nor will pedestrian traffic be
endangered; and
WHEREAS, the 20 miles per hour speed zone during the hours of 7:10 AM to 8:10 AM
and 2:05 PM to 3:45 PM on school days on Bogart Street and Pleasant
Run Road from its intersection with Church Street to its intersection with
Shelton Road will remain in effect; and
WHEREAS, a 20 miles per hour speed zone during the hours of 7:10 AM to 8:10 AM
and 2:05 PM to 3:45 PM is established on Hall-Johnson Rd. from its
intersection with Highway 26 to its intersection with Bogart Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT motor vehicles are hereby authorized to travel in an easterly and
westerly direction on Bogart Street.
Sec. 2. THAT the speed limit on Bogart Street and Pleasant Run Road between
its intersection with Church Street and Shelton Road remains 20 miles per
hour during the hours of 7:10 AM to 8:10 AM and 2:05 PM to 3:45 PM on
school days, and a 20 miles per hour speed limit be established on Hall -
Johnson Road from its intersection with Highway 26 to its intersection with
Bogart Street during the hours of 7:10 AM to 8:10 AM and 2:05 PM to
3:45 PM on school days.
Ordinance 0-00-12~
Page 2 of 2
Sec. 3. THAT any person, firm or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Two Hundred Dollars f
($200.00). Each and every day such violation continues shall constitute a
separate offense and is punishable as such.
Sec. 4. 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 day of ,
2000.
The second reading and public hearing being conducted on the day of
2000 I
ATTEST:
APPROVED:
Jean Harris, TRMC, CMC Donna Arp
Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CITY COUNCIL
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AGENDA BRIEFING
For mt .: 08/02/00 CMO Approval:
Item #
6
Ordinance #
0-00-1229
Previous Action: None
DEPT.
CITY MANAGER'S OFFICE
SUBJECT
Replacing Ordinance 0-93-906, amending
Chapter 66, Article II, PUBLIC PARKS of the
Colleyville Code
Second Reading and Public Hearing
Background
This amendment will replace the section authorizing the City Manager to waive alcohol
provisions of this Ordinance.
Financial Impact
None.
Recommendation
Approval of Ordinance 0-00-1229.
Attachments:
Ordinance 0-00-1229.
.~ . ut/ G!
CI MANAGER
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
ORDINANCE 0-00-1229
AN ORDINANCE OF THE CITY OF COLLEYVILLE REPLACING ORDINANCE
0-93-906; REVISING A PORTION OF CHAPTER 66 OF THE COLLEYVILLE
CODE PROVIDING FOR THE USE AND CONDUCT IN PUBLIC PARKS;
PROHIBITING ALCOHOLIC BEVERAGES, PROHIBITING DAMAGING
PUBLIC PROPERTY OR ANIMALS, LIMITING SALES, ESTABLISHING
PROVISIONS GOVERNING ORGANIZED ATHLETIC AND SPORTING
EVENTS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City Council deems it is in the best interest of the City to adopt
the following provisions, rules and regulations concerning the use
of and conduct in City Parks.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS AS FOLLOWS:
Sec. 1. THAT Chapter 66, Article II. PUBLIC PARKS of the Colleyville
Code be amended as follows:
Section 66-26. Trespassing; restricted areas and activities
(a) Operation of Motor Vehicles. No person shall operate any
vehicle which is propelled by a motor, including all types and
forms of gasoline, electrical, or hydrocarbon fueled motors,
upon any area within a public park, except those areas
specifically designed for vehicular use, such as streets and
driveways. This prohibition shall not apply to motor vehicles
actually engaged in delivery, vending or maintenance.
(b) Hours of Operation. Public parks within the City shall be
closed between 10:00 p.m. and 6:00 a.m. with the exception
of Colleyville Nature Center which shall be closed from 30
minutes after sunset until 30 minutes prior to sunrise. The
City Manager is authorized to erect such physical barriers as
shall be necessary to prevent entry. Special permission may
be granted by the Parks and Recreation Department for
organized activities or special events which last past closing
time in which case any park containing the permitted
activities shall remain open until the activity shall cease, at
which time the park shall be closed. Organizations may
request a special use permit from the parks and recreation
Ordinance 0-00-1229
Page 2
department for the purpose of hosting organized programs
after hours.
(c) Loitering in Restrooms. No person shall linger or loiter in
or about a restroom in a public park.
(d) Prohibition on Entering Bodies of Water. No person shall
swim, wade, or otherwise enter in or upon any pool, tank,
lake, creek or other body of water, other than a swimming
pool, located within a public park.
(e) Restricted Areas. No person shall disregard, fail to
observe, or otherwise violate any prohibition or direction
contained upon any sign in a public park erected by the City.
(f) Riding of Animals. No person shall ride or drive any horse
or other animal within a public park except along and upon
paths designated for the use of such animals.
(g) Prohibition on Erecting Structures
(1) No person shall place or erect any structure, sign
bulletin board, post, pole or advertising devise of any
kind in a public park.
(2) No person shall attach to any tree, shrub, fence,
railing, post or structure within any public park, any
sign, bulletin board or other advertising device of any
kind.
(3) The prohibitions contained in subsection (g) (1) and
(g) (2) of this section shall not be applicable to
persons acting pursuant to and with the written
authorization of the City Manager or his designee.
Sec.6fi-27. Possession or Consumption of Alcoholic
Beverages
No person shall possess or consume any alcoholic
beverages, including, without limitation, liquor, wine or
beer, within a public park.
Ordinance 0-00-1229
Page 3
Sec. 66-28. Damaging Public Property or Animals
(a) No person shall remove, destroy, mutilate or deface any
structure, monument, statue, vase, fountain, wall, fence,
railing, vehicle, bench or other property located in any public
park.
(b) No person shall cut, break, deface or in any way injure the
trees, shrubs, plants, grass or turf within any public park.
(c) No person shall catch, injure, kill, strike or attempt to strike
with any object or weapon, any animal or bird within any
public park.
Sec. 66-29. Prohibited Activities
(a) Golf. No person shall strike or hit a golf ball or golf ball like
devise in a public park.
(b) Glass containers. No person shall possess a container
made from glass in a public park.
(c) Projectile Devices. No person shall possess, fire or
discharge a device capable of propelling a projectile,
including without limitation, any firearm, air gun or pistol, bow
and arrow, crossbow or slingshot, in a public park.
Sec. 66-30. Limitations on Sales
(a) No person shall sell any food or other merchandise in a
public park.
(b) No person shall charge admission or a fee for any purpose
within a public park.
(c) The prohibitions contained in subsections (a) and (b) of this
section shall not apply to persons acting pursuant to and
with written permission of the City Manager or his designee.
Sec. 66-31. Organized Athletic and Sporting Events
(a) The use of public parks for organized sporting or athletic
events shall be conducted only in accordance with rules,
Ordinance 0-00-1229
Page 4
established from time to time, by the City Manager or his
designee.
(b) No person shall disregard or act in contravention of any
direction of the City Manager or his designee concerning the
use, occupancy, or other matter concerning the conduct of
any organized sporting or athletic event within a public park.
Sec. 2. THAT any person, firm or corporation violating any provision of this
ordinance shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Five Hundred
Dollars ($500.00). Each day any such violation continues or is
allowed to exist shall constitute a separate violation and be
punishable hereunder.
Sec. 3. THAT the City Secretary is hereby authorized and directed to cause
publication of the description caption and penalty clause hereof as
an alternative method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of July
2000.
The second reading and public hearing being conducted on the day of
July 2000.
ATTEST:
Jean Harris, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CITY COUNCIL
C~~>' n/
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7~.c~i
AGENDA BRIEFING
For mt .: 08/02/00 CMO Approval:
Item #
7
Ordinance #
0-00-1230
Previous Action: None
DEPT.
COMMUNITY DEVELOPMENT
SUBJECT
A zoning change requested by Blankson Asiama,
from AG to R20 (single family residential,
minimum lot size 20,000 s.f.) on 1.35 acres
located at 3203 Glade Road.
First Reading and Public Hearing
Background
Blankson Asiama has applied for a zoning district change on a 1.35-acre parcel of land
located on the south side of Glade Road, just east of Brook Meadows. The applicant
proposes a zoning change from AG Agriculture to R20 Single Family Residential for the
purpose of residential construction.
The property is presently zoned AG Agriculture and is formerly the site of an FAA
antenna structure. The FAA recently sold the property through a public auction. The
property is aflag-shaped lot and has been in this configuration since before 1977.
The Planning 8~ Zoning Commission has recommended denial of this request. The
applicant has requested that the request be forwarded to the City Council for
consideration, as allowed by the Land Development Code. Four affirmative votes of
the City Council is required in order for this zoning change to be approved since
the Commission has recommended denial.
~~~ ~~ , (continued)
CITY MANAGER ~~
B, ~,
D AR ENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1230
Page 2
The applicant proposes a zoning change to R20 due to his interest in dividing the
property into two lots, as shown on the zoning exhibit, and constructing his personal
residence on the site. The Development Review Committee reviewed the two lot
proposal and provided the owner information on platting requirements. These
requirements are discussed further below.
This proposal is compatible with the Colleyville Master Plan adopted in 1998. The area
is designated as low density single family on the future land use plan. Single-family
homes are located to the east, west and south of the property. A church is located on
the property immediately north. The development trends in this area encourage the
development of residential uses, as suggested in the Colleyville Master Plan. The
immediate area is generally built out with single family residences.
Included with this request is a zoning exhibit that shows the property divided into two
lots with a common access easement to Glade Road. The Land Development Code
requires that all lots provide frontage on a public street. In order to divide the property
into two lots, the owner would have to construct a public street into the property, and
provide the necessary water lines, sewer lines and fire hydrants to serve the two lots.
This information was provided to the applicant. This issue will be addressed when a
subdivision plat of the property is submitted for review.
Staff sent notices of the zoning change to the property owners within 200 feet of the
property under consideration. Staff received a letter from Sonset Baptist Fellowship,
which owns the property immediately north of this site. A copy of the letter is attached.
The Planning & Zoning Commission conducted a public hearing and considered this
zoning change request at its July 10, 2000 meeting and unanimously recommended
denial of the case. The Commission was concerned about the potential of dividing the
property into two lots and thought that an R40 designation would be more appropriate.
Recommendation
Approval of Ordinance 0-00-1230.
Attachments
^ Location Map
List of Property Owners Within 200'
• Planning & Zoning Commission Minutes
^ Zoning Exhibit
^ Correspondence
Location Map
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List of Property Owners within 200-feet
David Bagwell Company Robert & Elaine McConnell Lawrence & Dianna Worden
8222 Douglas Ave., #770 5003 Overhill Drive 202 Lark Lane
Dallas, TX 75225 Colleyville, TX 76034 Euless, TX 76039
Bradley & Evangelina Jensen Eveertt & Janet Williams Larry & Gail Manion
3004 Meadowview Court 3008 Meadowview Court 3003 Meadowview Court
Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Richard 8~ Mary Schreder Paul & Betty Dandrea Mark & Lindy Pappas
4814 Shadywood Lane 4810 Shadywood Lane 4805 Shadywood Lane
Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Mark & Kimberly Adams Thomas & Beverly Patrick Thomas Zadick
4802 Shadywood Lane 4906 Melrose Park Drive 4904 Melrose Park Drive
Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Dale & Ginnie Baier David & Valerie McGregor Joseph & Sheridan Lynch
4902 Melrose Park Drive 4900 Melrose Park Drive 4804 Melrose Park Drive
Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Waynd 8~ Leslie Phinney Whan 8 Hyun Jung Carlos & Shirley Arredondo
3100 Eastonbury Court 3101 Eastonbury Court 3205 Glade Road
Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Sonset Baptist Fellowship Blankson Asiama Blankson Asiama
3209 Glade Road Box 744224 Box 744224
Colleyville, TX 76034 Dallas, TX 75374 Dallas, TX 75374
Case Z-00-051
According to the last published Tax Records dated 09-01-99, individuals wha own property that
is within the 200' of the proposed zoning change request are listed above. I certify that the
parties listed above have been notified of the proposed zoning change request as
required by Section 211 the Local Government Code. (Notices dated: June 29, 2000 for P&Z
and per Land Development Code on July 18, 2000 for City Council.)
Jan Levy
Planning & Z ing Assistant
Planning & Zoning Commission Minutes
PUBLIC HEARING - A Zoning Change requested by Blankson Asiama, from AG to R20 (single family
residential, min. lot size 20,000 s.f.) on 1.35 acres located at 3203 Glade Road -south side of road.
Case Z-00-051
Barry LeBaron presented the case to the Commission. He explained the applicants request to eventually
subdivide the property into two lots. He told them that staff told the applicant that all lots need to front on
a public street and Mr. Asiama would have to construct a public street into the property and provide the
necessary water lines, sewer lines and fire hydrants to serve the two lots. He said that staff is concerned
that when a blister or a cul-de-sac is provided to access the eastern lot, there may not be enough
buildable area for two lots.
Commissioner Edwards asked about the minimum requirements for an approved road. Mr. LeBaron
responded that if it were a public road, you would want 50' of right of way and the applicant only has 41'
and he cannot create any additional land. He said that the road would be constructed with narrow
parkways along each side of the pavement in order to accommodate public access. Commissioner
Edwards said that she believed the cost of constructing a public road would make it cost prohibitive to
subdivide the property into R20 lots. Commissioner Edwards said that even if the lot remained one lot it
is a flag lot behind an existing structure. Mr. LeBaron said that it is existing and the applicant is not
creating the flag lot. Mr. LeBaron said that staff felt that they owed the applicant the courtesy to advise
him that they do not believe that the property can ultimately be divided, however R20 is consistent with
other properties in the neighborhood.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Steve Young, an electrical systems engineer and member of Sonset Baptist Fellowship Church that
currently owns the two lots adjacent to the zoning change. He said that the church is working with an
architect to construct amulti-purpose facility on the property setback approximately 50' from Glade Road.
He explained the topography of the property. He said that the dwellings on the property behind the
church will not have visible frontage of Glade Road, that they will be looking at the back of the church
building. Chairman Hart thanked the church for sending the informational letter to the Commission to
inform them of their future plans for their property.
Mark Pappas, 4806 Shadywood Lane, stated concerns that if access is given for emergency response,
two lots may not meet the requirements for R20 zoning. He said that R40 would be a more appropriate
zoning category.
There being no one else present wishing to speak, the public hearing was closed
Commissioner Fletcher stated that he recommended taking action on the case as an R40 zoning
category to prevent the applicant from subdividing the property in the future. Chairman Hart asked if the
applicant was present. He was not. Commissioner Fletcher said that the applicant will be very
disappointed when he cannot develop the property into two lots as is preliminarily represented on the
zoning exhibit. Discussion ensued about the property being a lot of record and they would have to allow
the development for one lot. Commissioner Edwards said that even with the AG category, someone
could put a single dwelling on the lot and meet the setbacks as it currently is configured. She said that
she did not believe that the Commission could improve the lot.
Commissioner Fletcher moved to recommend denial of the zoning change. Commissioner
Edwards seconded the motion. The vote being:
Ayes: Ruthertord, Edwards, Tyler, Collins, Fletcher, Hart
Noes: None
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Applicant Appeal Letter
DATE JULY 18, 2000
FROM BLANKSON ASIAMA
P.O BOX 744224
DALLAS, TX 75374-4224
TO CITY OF COLLEYVILLE
PLANNING AND ZONING COMMISSION
DEVELOPEMENT REVIEW COMMITTEE
SUBJECT APPEAL CASE Z-00-051 AG to R20 - 3203 GLADE RD DEAR
SIR/MADAM,
I hereby appeal the recommendation of the planning and zoning commission to the city
council regarding zoning change from AG to R20 (Single family residential) on 1.35
acres located at 3203 Glade Road -south side ofroad. I look forward for further
consideration with regard to this matter .
Thank you.
Sincerely,
~~.
Blankson sigma
i Sonset Baptist Fellowship
Roa~1d R O'Gvian,
.____. _ . ,_. traidju~ Miotstrr
July 6th, 2000
Planning & Zoning Commission
City of Colleyville
P. 0. Box 185
Colleyville, Texas 76034
RF.: Case Number Z-00-051
Let me begin by thanking you for notifying our ministry of the request for the zoning
change of the property located at 3203 Glade Rd., from AG to R20 (single family
residential).
As you know, our ministry currently owns both the (3205 Glade Road property, and the
3209 Glade Road property) currently zoned "AG", which consists of all of the property
fronting the 3203 Glade Road property.
Because we to are currently in the process of developing our preliminary plans to build
a facility and parking lots on our land, we thought that we had better ask some strategic
questions now regarding the proposed (Case Number Z-00-051) zone change.
If the city allows the zone change, and these single family homes are built on the
3203 Glade Road property (behind and along side of us) how would this effect
and impact our current plans to develop our own land?
If the city allows the zone change, and these single family homes are built, what
will be the long term impact upon the new residents occupying these new homes,
when our new facilities and parking areas are completed? And should not the
new residents be notified of our intentions prior to their building?
What will be the long-term impact upon our ministry if the zoning change is
approved and these new homes are complete?
In the future, wilt the city require and impose any additional restraints or levies
upon our ministry, or the new developers (i.e. walls or partitions for privacy,
lighting restrictions, developmental limitations, easements, accessibility's etc.)
due to this change? And if so, who will bear the cost of these items?
How will this zone change impact, restrict or retard our ability to offer our unique
diverse ministry to this community?
In closing, we would again like to express our gratitude to the zoning and planning
commission of the city of Colleyville for notifying us of the proposed zone change
request, and providing us an opportunity to offer input.
We hope the concerns, which we have raised, would be addressed and taken into
consideration regarding the zone change of the property located at 3203 Glade Road.
Sincerely,
Ronald R. O'Guinn
Presiding Minister
Sonset Baptist Fellowship
ORDINANCE 0-00-1230
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF 1.350 ACRES IN THE J. SCREECH SURVEY,
ABSTRACT 1404, IN THE CITY OF COLLEYVILLE FROM THE AG
AGRICULTURAL DISTRICT TO THE R20 SINGLE FAMILY RESIDENTIAL
DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND
AUTHORIZING PUBLICATION:
WHEREAS, an application for a zoning district change was filed by Blankson
Asiama on July 18, 2000, under Case Number Z-00-051; 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 hearin
a newspaper of general
before such hearing; and
g before the City Council was published in
circulation in Colleyville at least 15 days
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 AG district to the R20
district.
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
Ordinance 0-00-1230
Page 2 of 2
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 day of
2000.
The second reading and public hearing being conducted on the day of
2000.
ATTEST:
Jean Harris, TMRC, CMC
City Secretary
CITY OF COLLEYVILLE:
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
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Exhibit A -Zoning Map
Being all that certain lot, tract or parcel of land out of the J. Screech Survey,
Abstract 1404, being a portion of that certain 96.339 acre tract conveyed to E.H.
Dyer by deed recorded in Volume 3595, Page 300, Deed Records of Tarrant
County, Texas, and being more particularly described by metes and bounds as
follows:
BEGINNING at a concrete monument, said monument being 800.0 feet West
and 25.0 feet South of the Northeast corner of said J. Screech Survey, said point
also being the Northwest corner of a one acre tract conveyed to Robert E.
Hopkins and wife by deed recorded in Volume 4219, Page 652, Deed Records of
Tarrant County, Texas, in the South right-of-way of County Road No. 3036;
THENCE with the West and South lines of said one acre tract, South 0 degrees
42 minutes West 209.0 feet to a concrete monument and East 209.0 feet to a
concrete monument, the Southeast corner of said one acre tract and the most
Easterly Northeast corner of said 96.339 acre tract;
THENCE with the East line of said 96.339 acre tract and with a fence, South
200.0 feet to a concrete monument;
THENCE West 252.5 feet to a concrete monument;
THENCE North 0 degrees 42 minutes East 409.0 feet to a concrete monument in
the South right-of-way of said County Road No. 3036;
THENCE with said South right-of-way East 41.0 feet to the place of beginning,
containing in all 1.350 acres of land, more or less.
Exhibit B -Metes and Bounds Description
CITY COUNCIL
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AGENDA BRIEFING
For mt .: 08102/00 CMO Approval:
Item #
8
Ordinance #
0-00-1231
Previous Action: None
DEPT.
ENGINEERING
SUBJECT
Replacing Ordinance 0-95-990 and Ordinance O-
95-998, amending Chapter 50, Article II, Basis for
establishing areas of special flood hazards of the
Colleyville Code
First Reading and Public Hearing
Background
The current City of Colleyville Ordinances 0-95-990 and 0-95-998 ensure the City's
compliance with Federal National Flood Insurance Program (NFIP) regulations. The
City must meet or exceed NFIP requirements in order to ensure our continued eligibility
in the program. On July 21, 2000, the City received a letter from the Federal
Emergency Management Agency (FEMA) (attached) stating the necessity for revision of
community regulations. FEMA also included guidelines for revision. FEMA has
requested a copy of the ordinance as adopted be submitted to them by August 23,
2000, which is the effective date for the updated Flood Insurance Rate Map (FIRM).
Staff has reviewed Ordinances 0-95-990 and 0-95-998 and Colleyville Code and has
developed an ordinance in compliance with Federal requirements.
(continued)
~ ~~
CITY MANAGE R
D ARTMENT AD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1231
Page 2
Ordinance 0-00-1231 contains compliance language in Section G - Basis for
establishing the areas of special flood hazard and is indicated in bold lettering.
Financial Impact
None.
Recommendation
Approval of Ordinance 0-00-1231.
ORDINANCE 0-00-1231
AN ORDINANCE REPLACING ORDINANCE 0-95-990 AND ORDINANCE 0-95-998,
AMENDING CHAPTER 50, ARTICLE II, FLOOD HAZARD REGULATIONS, OF THE
COLLEYVILLE CODE
WHEREAS, the City Council deems it is in the best interest of the City to modify its
flood area hazard regulation as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
FLOOD HAZARD AREA REGULATIONS
A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in statutes delegated the
responsibility of local governmental units to adopt regulations designed to
minimize flood losses. Therefore, the City Council of the City of Colleyville,
Texas does ordain as follows:
B. FINDINGS OF FACT
(1) The flood hazard areas of the City of Colleyville are subject to
periodic inundation which may result in loss of life and property,
health and safety hazards, disruption of commerce and
governmental services, and extraordinary public expenditures for
flood protection and relief, all of which adversely affect the public
health, safety and general welfare.
(2) These flood losses are created by the cumulative effect of
obstructions in floodplains which cause an increase in flood heights
and velocities, and by the occupancy of flood hazards areas by
uses vulnerable to floods and hazardous to other lands because
they are inadequately elevated, floodproofed or otherwise protected
from flood damage.
C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and
general welfare and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
Ordinance 0-00-1231
Page 2 of 22
(1) Protect human life and health
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer .lines, streets and bridges located
in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize
future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following
methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood
heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
(3) Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation
of flood waters;
(4) Control filling, grading, dredging and other development which may
increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards to
other lands.
Ordinance 0-00-1231
Page 3 of 22
E. DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted to give them the meaning they have in common usage
and to give this ordinance its most reasonable application.
(1) Appeal-means a request for a review of the Floodplain
Administrators interpretation of any provisions of this ordinance or
a request for a variance.
(2) Alluvial Fan Flooding-means flooding occurring on the surface of
an alluvial fan or similar landform which originates at the apex and
is characterized by high velocity flows; active processes of erosion,
sediment transport, and deposition; and unpredictable flow paths.
(3) Apex-means a point on an alluvial fan or similar landform below
which the flow path of the major stream that formed the fan
becomes unpredictable and alluvial fan flooding can occur.
(4) Area of Shallow Flooding-means a designated AO, AH, or VO
zone on a community's Flood Insurance Rate Map (FIRM) with a
one percent or greater annual chance of flooding to an average
depth of one to three feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or
sheet flow.
(5) Area of Special Flood Hazard-is the land in the floodplain within a
community subject to aone-percent or greater chance of flooding in
any given year.
(6) Base Flood-means the flood having aone-percent chance of being
equaled or exceeded in any given year.
(7) Basement-means any area of the building having its lowest floor
subgrade (below ground level) on all sides.
(8) Critical Feature-means an integral and readily identifiable part of a
flood protection system, without which the flood protection provided
by the entire system would be compromised.
(9) Development-means any man-made change in improved and
unimproved real estate, including but not limited to buildings or
other structures, mining, dredging, filling, grading, paving,
Ordinance 0-00-1231
Page 4 of 22
excavation or drilling operations or storage of equipment ^•
materials.
(10) Elevated Building-means a non basement building (i) built, in the
case of a building in Zones A 1-30, AE, A, A99, AO, AH, B, C, X,
and D, to have the top of the elevated floor, or in the case of a
building in Zones V1-30, VE, or V, to have the bottom of the lowest
horizontal structure member of the elevated floor elevated above
the ground level by means of pilings, columns (posts and piers), or
shear walls parallel to the floor of the water and (ii) adequately
anchored so as not to impair the structural integrity of the building
during a flood of up to the magnitude of the base flood. In the case
of Zones A 1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated
building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate the
unimpeded movement of flood waters. In the case of Zones V1-30,
VE, or V, "elevated building" also includes a building otherwise
meeting the definition of "elevated building," even though the lower
area is enclosed by means of breakaway walls if the breakaway
walls met the standards of Section 60.3 (e)(5) of the National Flood
Insurance Program regulations.
(11) Existing Construction-means for the purposes of determiner
rates, structures for which the "start of construction" commend.
before the effective date of the FIRM or before January I, 1975, for
FIRMs effective before that date, "existing construction" may also
be referred to as"existing structures."
(12) Existing Manufactured Home Park or Subdivision-means a
manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
(13) Expansion to an Existing Manufactured Home Park or
Subdivision-means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of
utilities, the construction of streets, and either final site grading or
the pouring of concrete pads).
(14) Flood or Flooding-means a general and temporary condition of
partial or complete inundation of normally dry land areas from:
Ordinance 0-00-1231
Page 5 of 22
(a) the overflow of inland or tidal waters.
(b) the unusual and rapid accumulation or runoff of
surface waters from any source.
(15) Flood Hazard Boundary Map (FHBM)-means an official map of a
community, issued by the Federal Insurance Administration, where
the areas within the boundaries of special flood hazards have been
designated as Zone A.
(16) Flood Insurance Rate Map (FIRM)-means an official map of a
community, on which the Federal Emergency Management Agency
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
(17) Flood Insurance Study-is the official report provided by the
Federal Emergency Management Agency. The report contains
flood profiles, water surface elevation of the base flood, as well as
the Flood Boundary-Floodway Map.
(18) Floodplain or Flood-Prone Area-means any land area susceptible
to being inundated by water from any source (see definition of
flooding).
(19) Floodplain Management-means the operation of an overall
program of corrective and preventive measures for reducing flood
damage, including but not limited to emergency preparedness
plans, flood control works and floodplain management regulations.
(20) Floodplain Administrator-means, for the purposes of the City of
Colleyville's Floodplain Management Ordinance, the City
Engineer.
(21) Flood Plain Management Regulations-means zoning ordinances,
subdivision regulations, building codes, health regulations, special
purpose ordinances (such as a floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of
police power. The term describes such state or local regulations, in
any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
(22) Flood Protection System-means those physical structural works
for which funds have been authorized, appropriated, and expended
and which have been constructed specifically to modify flooding in
order to reduce the extent of the areas within a community subject
to a "special flood hazard" and the extent of the depths of
Ordinance 0-00-1231
Page 6 of 22
associated flooding. Such a system typically includes hurrica^~
tidal barriers, dams, reservoirs, levees or dikes. These speciali~
flood modifying works are those constructed in conformance witf
sound engineering standards.
(23) Flood Proofinct-means any combination of structural and non•
structural additions, changes, or adjustments to structures which
reduce or eliminate flood damage to real estate or improved reap
property, water and sanitary facilities, structures and their contents.
(24) Floodwav (Regulatory Floodwav)-means the channel of a river or
other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than (one foot) a
designated height.
(25) Functionally Dependent Use-means a use which cannot perform
its intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo
or passengers, and ship building and ship repair facilities, but does
not include long-term storage or related manufacturing facilities.
(26) Highest Adiacent Grade -means highest natural elevation of ti.~
ground surface prior to construction next to the proposed walls of a
structure.
(27) Historic Structure-means any structure that is:
(a) Listed individually in the National Register of Historic
Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary
of Interior as meeting the requirements for individual
listing on the National Register;
(b) Certified or preliminarily determined by the Secretary
of Interior as contributing to the historical significance
of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered
historic district;
(c) Individually listed on a state inventory of historic
places in states with historic preservation programs
which have been approved by the Secretary of
Interior; or
Ordinance 0-00-1231
Page 7 of 22
(d) Individually listed on a local inventory of historic
places in communities with historic preservation
programs that have been certified either:
(i) By an approved state program as determined by
the Secretary of Interior or;
(ii) Directly by the Secretary of Interior in states
without approved programs.
(28) Levee-means a man-made structure, usually an earthen
embankment, designed and constructed in accordance with sound
engineering practices to contain, control, or divert the flow of water
so as to provide protection from temporary flooding.
(29) Levee System-means a flood protection system which consists of
a levee, or levees, and associated structure, such as closure and
drainage devices, which are constructed and operated in
accordance with sound engineering practices.
(30) Lowest Floor-means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
used solely for parking or vehicles, building access or storage in an
area other than a basement area is not considered a building's
lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation
design requirement of Section 60.3 of the National Flood Insurance
Program regulations.
(31) Manufactured Home-means a structure transportable in one or
more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
connected to the required utilities. The term "manufactured home"
does not include a "recreational vehicle".
(32) Manufactured Home Park or Subdivision-means a parcel (or
contiguous parcels) of land divided into two or more manufactured
home lots for rent or sale.
(33) Mean Sea Level-means, for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum (NGVD)
of 1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
(34) New Construction-means, for the purpose of determining
insurance rates, structures for which the "start of construction"
commenced on or after the effective date of an initial FIRM or after
Ordinance 0-00-1231
Page 8 of 22
December 31, 1974, whichever is later, and includes a~~
subsequent improvements to such structures. For floodpl.
management purposes, "new construction" means structures foi
which the "start of construction" commenced on or after the
effective date of a floodplain management regulation adopted by a
community and includes any subsequent improvements to such
structures.
(35} New Manufactured Home Park or Subdivision-means a
manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
(36) Recreational Vehicle-means a vehicle which is (i) built on a single
chassis; (ii) 400 square feet or less when measured at the largest
horizontal projections; (iii) designed to be self-propelled or
permanently towable by a light duty truck; and (iv) designed
primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
(37) Start of Construction- means for other than new construction ~..
substantial improvements under the Coastal Barrier Resources Act
(Pub. L. 97-348), includes substantial improvements and means the
date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of a
permanent construction of a structure on a site, such as the pouring
of a slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
Ordinance 0-00-1231
Page 9 of 22
(38) Structure-means a walled and roofed building, including a gas or
liquid storage tank, that is principally above ground, as well as a
manufactured home.
(39) Substantial Damage- means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50 percent of the market
value of the structure before damage occurred.
(40) Substantial Improvement- means any reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost
of which equals or exceeds 50 percent of the market value of the
structure before "start of construction" of the improvement. This
includes structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term does not,
however, include either: (a) Any project for improvement of a
structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local enforcement official and which are the minimum
necessary conditions or (b) Any alteration of a "historic structure",
provided that the alteration will not preclude the structure's
continued designation as a "historic structure."
(41) Variance- is a grant of relief to a person from the requirement of
this ordinance when specific enforcement would result in
unnecessary hardship. A variance, therefore, permits construction
or development in a manner otherwise prohibited by this ordinance.
(For full requirements see section 60.6 of the National Flood
Insurance Program regulations.)
(42) Violation-means the failure of a structure or other development to
be fully compliant with the community's floodplain management
regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance
required is presumed to be in violation until such time as that
documentation is provided.
(43) Water Surface Elevation-means the height, in relation to the
National Geodetic Vertical Datum (NGVD) of 1929 (or other datum,
where specified), of floods of various magnitudes and frequencies
in the floodplains of coastal or riverine areas.
F. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard within the
jurisdiction of the City of Colleyville, Texas.
Ordinance 0-00-1237
Page 10 of 22
G. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled, "The
Flood Insurance Study for Tarrant County', datec
,August 23, 2000 with accompanying Flood Insurance Rate
Maps and Flood Boundary- Floodway Maps (FIRM and FBFM) and any
revisions thereto are hereby adopted by reference and declared to be parl
of this ordinance.
H. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the
provisions of this ordinance.
I. COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use
changed without full compliance with the terms of this ordinance and other
applicable regulations.
J. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this
ordinance and another ordinance, easement, covenant, or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
K. INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall
be; (1) considered as minimum requirements; (2) liberally construed in
favor of the governing body; and (3) deemed neither to limit nor repeal any
other powers granted under State statutes.
L. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions greater floods can and will
occur and flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the areas
special flood hazards or uses permitted such areas will be free fron,
Ordinance 0-00-1231
Page 11 of 22
flooding or flood damages. This ordinance shall not create liability on the
part of the City of Colleyville, Texas, or any officer or employee thereof for
any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
M. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City Engineer is hereby appointed to administer and implement the
provisions of this ordinance and other appropriate sections of 44 CFR
(National Flood Insurance Program Regulations) pertaining to floodplain
management.
N. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include,
but not be limited to:
(1) Maintain and hold open for public inspection all records pertaining
to the provisions of this ordinance.
(2) Review permit application to determine whether proposed building
sites, including the placement of manufactured homes, will be
reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits
required by adoption of this ordinance.
(4) Review permits for proposed development to assure that all
necessary permits have been obtained from those Federal, State,
and Local governmental agencies (including Section 404 of the
Federal Water Pollution Control Act Amendments of 1972, 33 U. S.
C. 1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazards (for example,
where there appears to be a conflict between a mapped boundary
and actual field conditions) the Floodplain Administrator shall make
the necessary interpretation. The person contesting the location of
the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in subsection P. (2) of this ordinance.
(6) Notify, in riverine situations, adjacent communities and the State
Coordinating Agency, which is the Texas Natural Re9burce
Conservation Commission, prior to any alteration or relocation of a
Ordinance 0-00-1231
Page 12 of 22
watercourse, and submit evidence of such notification to t~
Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or
relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in
accordance with subsection G, the Floodplain Administrator shall
obtain, review and reasonably utilize any base flood elevation data
and floodway data available from a Federal, State or other source,
in order to administer the provisions of subsection Q. of this
ordinance.
(9) When a regulatory floodway has not been designated, the
Floodplain Administrator must require that no new construction,
substantial improvements, or other development (including fill) shall
be permitted within Zones A 1-30 and AE on the community's
FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and
anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point within
the community.
(10) Under provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood Insurance Program regulations, a community may
approve certain development in Zones Al-30, AE, AH, on the
community's FIRM which increases the water surface elevation of
the base flood by more than one foot, provided that the community
first applies for a conditional FIRM revision through FEMA.
O. PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the
Floodplain Administrator on forms furnished by him/her and may
include, but not be limited to, plans in duplicate drawn to scale
showing the location, dimensions, and elevation of proposed
landscape alterations, existing and proposed structures, including
the placement of manufactured homes, and the location of the
foregoing in relation to areas of special flood hazard. Additionally,
the following information is required.
(a) Elevation (in relation to mean sea level), of the lowest
floor (including basement) of all new and substantially
improved structures;
Ordinance 0-00-1231
Page 13 of 22
(b) Elevation in relation to mean sea level to which any
nonresidential structure shall be flood-proofed;
(c) A certificate from a registered professional engineer,
registered in the State of Texas, that the
nonresidential flood-proofed structure shall meet the
flood proofing criteria of subsection Q (2)(b);
(d) Description of the extent to which any watercourse or
natural drainage will be altered or relocated as a
result of proposed development
(e) Maintain a record of all such information in
accordance with subsection N. (1 } of this ordinance.
(2) Approval or denial of a Development Permit by the Floodplain
Administrator shall be based on all of the provisions of this
ordinance and the following relevant factors:
(a) The danger to life and property due to flooding or
erosion damage;
(b) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner;
(c) The danger that materials may be swept onto other
lands to the injury of others;
(d) The compatibility of the proposed use with existing
and anticipated development;
(e) The safety of access to the property in times of flood
for ordinary and emergency vehicles;
(f) The cost of providing governmental services during
and after flood conditions including maintenance and
repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water
systems;
(g) The expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected to the
site;
Ordinance 0-00-1231
Page 14 of 22
(h) The necessity to the facility of a waterfront locati~-
where applicable;
(i) The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use;
(j) The relationship of the proposed use to the
comprehensive plan for that area.
P. VARIANCE PROCEDURE
(1) The Zoning Board of Adjustment as established by the community
shall hear and render judgement on requests for variances from the
requirements of this ordinance.
(2) The Zoning Board of Adjustment shall hear and render judgement
on an appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this
ordinance.
(3) Any person or persons aggrieved by the decision of the Zoning
Board of Adjustment may appeal such decision in the courts of
competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal
Emergency Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic
Places or State Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this section.
(6) Variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing the relevant
factors in subsection O. (2) of this ordinance have been fully
considered. As the lot size increases beyond the one-half acre, the
technical justification required for issuing the variance increases.
Ordinance 0-00-1231
Page 15 of 22
(7) Upon consideration of the factors noted above and the intent of this
ordinance, the Zoning Board of Adjustment may attach such
conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this ordinance (subsections C.
and D. of this ordinance).
(8) Variances shall not be issued within any designated floodway if any
increase in flood levels during the base flood discharge would
result.
(9) Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation
as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(10) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination
that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(b) Variances shall only be issued upon, (1) showing a
good and sufficient cause; (2) a determination that
failure to grant the variance would result in
exceptional hardship to the applicant, and (3) a
determination that granting of a variance will not result
in increased flood heights, additional threats to public
safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the
public, or conflict with existing local laws or
ordinances.
(c) Any application to whom a variance is granted shall
be given written notice that the structure will be
permitted to be built with the lowest floor elevation no
more than 3 feet below the base flood elevation, and
that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced
lowest floor elevation.
(11) Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that (i) the
criteria outlined in subsection P. (1)-(9) are met, and (ii) the
structure or other development is protected by methods that
Ordinance 0-00-1231
Page 16 of 22
minimize flood damages during the base flood and create ~~
additional threats to public safety.
Q. PROVISIONS FOR FLOOD HAZARD REDUCTION
(1) General Standards
In all areas of special flood hazards the following provisions are required
for all new construction and substantial improvements.
(a) All new construction or substantial improvements shall be designed
(or modified) and adequately anchored to prevent flotation, collapse-
or lateral movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy;
(b) All new construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage;
(c) All new construction or substantial improvements shall be
constructed with materials and utility equipment resistant to flood
damage;
(d) All new construction or substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing, and ~'
conditioning equipment and other service facilities that a.
designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding;
(e) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(f) New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the system
and discharge from the systems into flood waters; and,
(g) On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(2) Specific Standards
In all areas of special flood hazards where base flood elevation data has
been provided as set forth in (i) subsection G., (ii) subsection N. (8), or (iii)
subsection a. (4) (c), the following provisions are required:
(a) Residential Construction-New construction or substantial
improvement of any residential structure shall have the lowest flog
(including basement), elevated 2 feet above, or as otherwis~
Ordinance 0-00-1231
Page 17 of 22
determined by the Floodplain Administrator, the base flood
elevation. A registered professional engineer or registered land
surveyor, registered in the State of Texas, shall submit a
certification to the Floodplain Administrator that the standard of this
subsection as proposed in subsection 0. (1) (a), is satisfied.
(b) Nonresidential Construction-new construction and substantial
improvements of any commercial, industrial or other nonresidential
structure shall either have the lowest floor (including basement)
elevated to or above the base flood level or together with attendant
utility and sanitary facilities, be designed so that below the base
flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered
professional engineer, registered in the State of Texas, shall
develop and/or review structural design, specifications, and plans
for the construction, and shall certify that the design and methods
of construction are in accordance with accepted standards of
practice as outlined in this ordinance. A record of such certification
which includes the specific elevation (in relation to mean sea level)
to which structures are flood proofed shall be maintained by the
Floodplain Administrator.
(c) Enclosures- new construction and substantial improvements, with
fully enclosed areas below the lowest floor that are usable solely for
parking of vehicles, building access or storage in an area other than
a basement and which are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered
professional engineer or architect or meet or exceed the following
minimum criteria:
(i) A minimum of two openings having a total net area
of not less than one square inch for every square
foot of enclosed area subject to flooding shall be
provided.
(ii) The bottom of all openings shall be no higher than
one foot above grade.
(iii) Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that
they permit the automatic entry and exit of
floodwaters.
Ordinance 0-00-123'
Page 18 of 22
(d) Manufactured Homes-
(i) Require that all manufactured homes to be placea
within Zone A on a community's FHBM or FIRM.
shall be installed using methods and practices
which minimize flood damage. For the purposes of
this requirement, manufactured homes must be
elevated and anchored to resist flotation, collapse.
or lateral movement. Methods of anchoring may
include, but not be limited to, use of over-the-top
or frame ties to ground anchors. This requirement
is in addition to applicable State and Local
anchoring requirements for resisting wind forces.
(ii) Require that manufactured homes that are placed
or substantially improved within Zones Al-30, AH,
and AE on the community's FIRM on sites (1)
outside of a manufactured home park or
subdivision, (2) in a new manufactured home park
or subdivision, (3) in an expansion to an existing
manufactured home park or subdivision, or (4) in
an existing manufactured home park
subdivision on which a manufactured home ham
incurred "substantial damage" as a result of a
flood, be elevated on a permanent foundation
such that the lowest floor of the manufactured
home is elevated 2 feet above, or as otherwise
determined by the Floodplain Administrator, the
base flood elevation and be securely anchored to
an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
(iii) Require that manufactured homes be placed or
substantially improved on sites in an existing I
manufactured home park or subdivision within
Zones Al-30, AH, AE on the community's FIRM
that are not subject to the provisions of subsection
a. (2) (d) "Manufactured Homes" of this ordinance
be elevated so that either:
(1) the lowest floor is 2 feet above, or as
otherwise determined by the Floodplain
Administrator, the base flood elevation, or
Ordinance 0-00-1231
Page 19 of 22
(2) the manufactured home chassis is
supported by reinforced piers or other
foundation elements of at least equivalent
strength that are no less than 36 inches in
height above grade and be securely
anchored to an adequately anchored
foundation system to resist flotation,
collapse, and lateral movement.
(e) Recreational Vehicles-Require that recreational vehicles placed on
sites within Zones Al-30, AH, and AE on the community's FIRM
either (1) be on the site for fewer than 180 consecutive days, (2) be
fully licensed and ready for highway use, or (3) meet the
requirements of subsection 0. (1 ), and the elevation and anchoring
requirements for "manufactured homes" in subsection a. (2) (d) of
this ordinance. A recreational vehicle is ready for highway use if it is
on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no
permanently attached additions.
(3) STANDARDS FOR SUBDIVISION PROPOSALS
(a) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall be consistent with subsections
B., C., and D. of this ordinance.
(b) All proposals for the development of subdivisions including the
placement of manufactured home parks and subdivisions shall
meet Development Permit requirements of subsection H., O., and
a. of this ordinance.
(c) Base flood elevation data shall be generated for subdivision
proposals and other proposed development including the
placement of manufactured home parks and subdivisions which is
greater than 50 lots or 5 acres, whichever is lesser, if not otherwise
provided pursuant to subsection G., or subsection N. (8) of this
ordinance.
(d) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have adequate drainage
provided to reduce exposure to flood hazards.
(e) All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and
constructed to minimize or eliminate flood damage.
Ordinance 0-00-1231
Page 20 of 22
(4) STANDARDS FOR AREAS OF SHALLOW FLOODING AO/AH ZONES
Located within the areas of special flood hazard established in subsection
G., are areas designated as shallow flooding. These areas have special
flood hazards associated with base flood depths of 1 to 3 feet where a
clearly defined channel does not exist and where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow; therefore, the following provisions
apply:
(a) All new construction and substantial improvements to
residential structures have the lowest floor (including
basement) elevated above the highest adjacent grade
at least as high as the depth number specified in feet
on the community's FIRM (at least two feet if no depth
number is specified).
(b) All new construction and substantial improvements to
nonresi-dential structures;
(i) have the lowest floor (including basement)
elevated above the highest adjacent grade at least
as high as the depth number specified in feet o~
the community's FIRM (at least two feet if no dep
number is specified), or;
(ii) together with attendant utility and sanitary facilities
be designed so that below the base flood level the
structure is watertight with the walls substantially
impermeable to the passage of water and with
structural components having the capability of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
(c) A registered professional engineer, registered in the
State of Texas, shall submit a certification to the
Floodplain Administrator that the standards of this
Section, as proposed in subsection 0. (1) (a) are
satisfied.
(d) Require within Zones AH or AO adequate drainage
paths around structures on slopes, to guide
floodwaters around and away from proposed
structures.
Ordinance 0-00-1231
Page 21 of 22
(5) FLOODWAYS
Floodways located within areas of special flood hazard established in
subsection G., are areas designated as floodways. Since the floodway is
an extremely hazardous area due to the velocity of floodwaters, which
carry debris, potential projectiles and erosion potential, the following
provisions shall apply:
(a) Encroachments are prohibited, including fill, new
construction, substantial improvements and other
development within the adopted regulatory floodway
unless it has been demonstrated through hydrologic
and hydraulic analyses performed in accordance with
standard engineering practice that the proposed
encroachment would not result in any increase in
flood levels within the community during the
occurrence of the base flood discharge.
(b) If subsection a. (5) (a) above is satisfied, all new
construction and substantial improvements shall
comply with all applicable flood hazard reduction
provisions of subsection a.
(c) Under the provisions of 44 CFR Chapter 1, Section
65.12, of the National Flood Insurance Regulations, a
community may permit encroachments within the
adopted regulatory floodway that would result in an
increase in base flood elevations provided that the
community first applies for a conditional FIRM and
floodway revision through FEMA.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2000.
The second reading and public hearing being conducted on the day of
.2000.
Ordinance 0-00-123~~
Page 22 of 22
ATTEST:
Jean Harris, TRMC, CMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
CITY OF COLLEYVILLE
Donna Arp
Mayor
Ross T. Foster
City Attorney
CITY COUNCIL
/~~1 buy ni
~, ~~
7csos
AGENDA BRIEFING
For mt 08/02/00 CMO Approval:
Item #
9
Resolution #
R-00-1688
Previous Action: None
DEPT.
CITY MANAGER'S OFFICE
SUBJECT
Accepting the Settlement Agreement in the
Munson lawsuit
Reading and Public Hearing
Background
In May 2000, special commissioners awarded Richard and Molly Munson $12,000 in a
City initiated condemnation suit for .106 acres of property required for the improvement
of Hall-Johnson Road. The Munson's have filed a lawsuit against the City requesting
additional compensation. The Munson's have agreed to settle the suit fora payment
by the City totaling $19,000. The proposed settlement amount includes the $12,000
awarded by the commissioners.
Financial Impact
The additional $7,000 for the settlement will be paid from the right-of-way acquisition
account (003-33-7179) for the Hall-Johnson Road improvement project funded by bond
proceeds, impact fees, and perimeter street fees.
(continued)
~~~ ~ Q~
CITY MANAGER
D PARTMENT HEAD
C AL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1688
Page2of2
Recommendation
Approval of Resolution R-00-1688.
Attachment: Munson Letter, dated July 24, 2000.
July 24, 2000
Richard L. Munson
1905 Hall Johnson Rd.
Colleyville, TX 76034
Ms. Dana Feldman, Councilperson
P.O. Box 1747
Colleyville, TX 76034
Re: 2000-001046-3; City of Colleyville vs. Richard L. Munson, Molly M. Munson,
North American Mortgage Company and Bank United; Steinbach Law Firm
File No. 3073-1
Dear Councilperson Feldman,
Pursuant to our conversation the morning of July 11, 2000, Molly and 1 will settle all Gaims
asserted, or which could be asserted, between us, Richard L. and Molly M. Munson, and the
City of Colleyville in the above referenced lawsuit in exchange for the payment of the sum of
$7,000.00 in addition to the sums previously deposited by the City into the registry of the Court.
In exchange for these sums, Molly and I will convey title to the subject property to the City of
Colieyville.
Please review this with the appropriate persons at the City of Colleyville regarding this offer at
your earliest convenience so I may review any modfications with my attorney prior to the next
council meeting in order to expedite this process.
Thank you for your consideration.
Ve t ly yours,
Rich unson
cc: Ms. Donna Arp, Mayor, Ms. Ginny Tigue; Mr. Dennis J. Marlin; Mr. Jody T. Short:
Mr. Michael A. Taylor; Mr. C. Robert Stripling; Mr. Ross T. Foster; Mr. R. Scott Steinbach
RESOLUTION R-00-1688
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE
CITY OF COLLEYVILLE AND RICHARD L. AND MOLLY L. MUNSON, NORTH
AMERICAN MORTGAGE COMPANY AND BANK UNITED
M~
WHEREAS, Richard L. and Molly~JC. Munson, North American Mortgage Company and
Bank United have agreed to accept from the City of Colleyville the total o
$19,000 in return for a release from the lawsuit filed by the parties, and;
WHEREAS, this is a fair settlement of the obligation of the City of Colleyville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the Settlement Agreement is hereby approved.
AND IT IS SO RESOLVED.
Passed by a vote of
day of _
ATTEST:
Jean Harris, TRMC, CMC
City Secretary
ayes, nays, and abstentions on this the
. 2000
CITY OF COLLEYVILLE
Donna Arp
Mayor
CITY COUNCIL
~u>' o~
n ~~
Tccaa
AGENDA BRIEFING
For mt .: 08/02/00 CMO Approval:
Item #
10
Resolution #
R-00-1692
Previous Action: None
DEPT.
ENGINEERING
SUBJECT
Approval of a realignment plan for the intersection
of Church Street and Hidden Oaks Drive
Reading and Public Hearing
Background
On December 12, 1999 City Council approved a contract with Freese and Nichols, Inc.
to design the water, sewer and street infrastructure for the City Hall/Town Center area.
This included Riverwalk Drive, City HaIl/Town Center Street from Riverwalk to
Colleyville Blvd., and a realignment of Church Street west of Colleyville Blvd. The
Church Street realignment would be directly across from the City HaIl/Town Center
Street thus allowing a four way signalized intersection. The new Church
Street/Colleyville Blvd. intersection would be approximately 450 feet south of the
existing intersection. With the realignment of Church Street, the intersection of Church
and Hidden Oaks Drive will also be shifted approximately 120 feet south. Staff directed
the design engineers, Freese and Nichols, to develop three configurations for the
Hidden Oaks/Church Street intersection.
(continued)
,~~„~~ ~Iu:c~~ ~~
CITY MANAGER
ARTM T EAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1692
Page 2
Staff has received numerous complaints from residents of Hidden Oaks concerning "cut
through" traffic from the schools on Bogart. The morning traffic with parents dropping
off children and residents trying to exit their driveways seems to produce the most
complaints. However, "cut through" traffic at any time is a perceived problem. The
Hidden Oaks HOA through Jim Fletcher, HOA President, has been informed of the
Church Street realignment and the proposed change of traffic on Bogart by making it
two ways during school hours. The second reading of the Ordinance 0-00-1228
concerning Bogart is on the Aug. 2"d City Council meeting agenda. City staff
represented by Police Lt. Cunningham, Fire Chief Johnston, and Public Services
Director Bob Whitehead met with Hidden Oaks residents at an HOA meeting on July 19,
2000. The three options for the intersection were presented. The Fire Chief
emphasized the need for two street access points to the subdivision for fire safety. An
emergency access gate would have to be installed at the end of the cul-de-sac if that
option is built. After discussion by a show of hands, of the eighteen households
represented, fourteen (14) were in favor of the cul-de-sac option and four (4) opposed.
It was reported during the meeting that at an informal meeting of the HOA the residents
were polled and of the forty-five (45) homes, thirty-seven (37) were in favor of the cul-
de-sac option, two (2) opposed, and six (6) did not vote.
Financial Impact
None, as the cost of any one of the options would be included in the reconstruction of
Church Street.
Recommendation
Denial of Resolution R-00-1692
Staff's recommendation is based upon previous City Council actions where they
decided not to close existing public streets.
Attachments
#1 -Options # 1, 2, and 3 (paper copy only)
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RESOLUTION R-00-1692
A RESOLUTION AUTHORIZING THE APPROVAL OF A REALIGNMENT PLAN FOR
THE INTERSECTION OF CHURCH STREET AND HIDDEN OAKS DRIVE
WHEREAS, Church Street is planned to be reconstructed on a new alignment at
Colleyville Blvd.; and
WHEREAS, the design firm of Freese and Nichols, Inc. were directed to develop three
configurations for the intersection realignment; and
WHEREAS, the city staff has received numerous complaints from residents of Hidden
Oaks concerning "cut through" traffic concerns; and
WHEREAS, City staff met with Hidden Oaks residents at a HOA meeting on July 19,
2000 to present the three options for the intersection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT a realignment plan (Option 1 -Direct Tie; Option 2 -Roadway Jog,
or Option 3 - Cul-de-sac) for the intersection of Church Street and Hidden
Oaks Drive be approved.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON
THIS THE DAY OF , 2000.
ATTEST: CITY OF COLLEYVILLE
Jean Harris, TRMC, CMC Donna Arp
City Secretary Mayor
CITY COUNCIL
C.n of
~, ~~
Tc>,;
AGENDA BRIEFING
For mt .: 08/02/00 CMO Approval:
Item #
11
Resolution #
R-00-1693
Previous Action: None
DEPT.
CITY COUNCIL
SUBJECT
Appointing members to the S. H. 26 Corridor
Commercial Development Standards Task Force
Reading and Public Hearing
Backctround
This Resolution provides for the Council to fill eleven (11) positions on the newly
created S. H. 26 Corridor Commercial Development Standards Task Force. There have
been thirteen applications received. The applications are attached.
Bernard Johnson, 1112 Plantation Drive
Dee McNosky, 5108 Pleasant Run Road
Raman Chandler, P. O. Box 611
Lori Edwards, 2401 Danbury Drive
Ret Stansberger, 3906 Magnolia Court
.t rn~Ll~
CITY MANAGER
DEPARTMENT HEAD
(continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1693
Page 2
Richard Myers, 300 Lloyd Circle
Dee Barker, 2200 Oak Knoll Drive
Kipp Whitman, 3402 Crossgate Circle South
Butch Wallace, 1709 Industrial Boulevard
Larry Midtbo, 1716 Avalon Drive
David Coulson, 109 Quail Run
Greg Lehrmann, 1213 Somerset Boulevard
Elsie Gunter, 4809 Lakewood
Recommendation
Approval of Resolution R-00-1693.
FROM MAIN STREET ROOFING PHONE N0. 617 514 1771 Jui. L5 2a0~ 10:29A"' ~~
c-ry or
~~
rexs5
APPLfCATION FOR APPOINTMENT
!NAME DATE
aDD ss
~ Lrl~/774Tia.J r /' o2rt~ ~GL£' t/icL~' ~d
HOME TELEPHONE RRK
E-MAIL ADDRESS FAX
i APPO NTMENT DESIRED {list Board, Commission or Committee for which you wish to be considered)
~ui`102 ~ ~.~ l/e ~ op m F'~ i .~ i r-~,r-/•O~.zos ~v~',5 /< ~0 2 C' c
j QUALIFICATIONS (list educational background or experience that would assist you in carrying out the duties of thi
appointment) `~~ ~' S ~ D £~•~ r /~i 2R at1 ~ i C'y ao2 /~oD ~S,; a c' ~ /,~; ~o.~-~
/.J ~d m m ~ 2 ~ i ~ C.. a -~ S art ~ c i i o..~ b`- ~.Si s ni .: /~~~'~~p~o ~'S ic.-~
REASONS FQR SERVING {State briefly the contributions you can make to this appointment and your reasons for
wanting to serve on the Boarq, Commission, or CommRtee) / ~
~O,.JS~z ~e r,o .~ b~~/tAc~: ~c. ~S ~ ~'/~'~i t ~J 7a wry QO2£,SP./,"- o5~~>e,.~ ,B
~~/ ~ y
/7~'' ~ P O c/i/ £'2 S ~ ~•¢~ /<~ ~ ~ ~. ~'d 2 ~r~i /'s !./ IC~~S' 7i/K~.t/c T.,~ir
i
`~ ~ ~~ .
! Do you understand that att•nf~anc• and active support is required for each aPpou»tee?
1~; ~ Yes
SiGNEb~"~
e Tne c:~ty council has a position, your application will tae
must reapply for future openin s
P. O. Box 185 Colleyville, Texas 76034 817!577_7575
the f ie
F/~UC 89 7!577-7555
G~tY of
~ Il~
Texas
APPLlCATiON FOR APPOINTMENT
NAME: sec ~~ NoSk. DATE: (o ~a
ADDRESS: Sing t~t~.~,,.t-~ 2.~-.~
Cv t IQ.~ v 1 ~ T,~ ~ ~ 034
TELEPHONE HOME: ~~) 6s~-372.7 WORK: (8r~ $24-9~?~a
APPOINTMENT DESIRED (List Board, Commission, or Committee for which you are being
or would like to be considered): C~o~-~.;, .~~~ ~ -
QUALiF1CATIONS (List educadona/ background or experience that would assist you in carrying
out the duties of this appointment):
~'~a4-ate ~-~: !w~.~:.,....~ a,...(I(I ~ • zc~,,~,_'~
Ad,~~~~b !4p-r~.~,
REASONS FOR SERVING (State briefly the conbibutions you can make to this appointment
and your reasons for wandng to serve on the Board, Commission, or Committee):
~1 C..- G'~ O~a3c-~ L-+-..wG..\)`4aQ ~i~tr+~"`o_. `~~"~`"' `I
~-r. ~c~,_ ~Q~,, -
~o y0~ ~~~dc~aiana ~narattenaance and active support is regwred for each appointee?
Circle: ES or NO
SIGNS
Once the City Council as filled a sition, your application will be removed from the file and you
must reapply for futur openings.
I~P.O. BOX 185 COLLEYVI~LE, TEXAS 76034 (817) 577-7575
__
07/18/00 TUE 10:07 FAX 8172899186 RCP
JI.tL, - ~ ~' 0{t l1;Oti I 1 - ~ 1 ~ L f TF OF COLLEYV 1 LLE
ool
~' ~ 0 ~
C11 Ol
~~
Tex~*
APPLICATION FOR APPOINTMENT
~0'/~. ~
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E-MAiL ADDI
i
', APPOINTMEI
.~ _ ~. z 6
". C!_ ~C
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8$ FAX ~~ i / 2 ~3 - ~~~t~
DEBIREd Ott Boars, Cammia~lon or C mtaes for+Mtldh you wish to De constOereQ)
Dn ~ rK e ~c ~ ~ ~Q F/Y . ~~ ~ ~ Irv ~ r, ~"C.f_
flUALIf ICATIONB {flat eauaatlonal background or ~rlanaa that wou10 aaslat yeu in ca-ryinp oue the eut~et of this ~
// ~ .$
~tapointm~rR) ~,d c 1~.. 1 ~ ~ ur ~ r~ ~~ ~ .~-~ ~ v r ~ ~ ~ C c f d ~' ~ ~ e~ ~ c ~ .' ~ ~>
I
1~~.~'s -~ Cyr+.~ ~~e'~k ~~~ Cv.,.~c-~Y~,-c.~d-~ ~ ~.e~l~iv~ ~~~Q ~t~~s~y,~Q~
~ i.
i _ ~'~ r ~
~ ,
o :~ ~u r ]~Ges
REA8QNa FOR BERVINO (8tate bAafly tha onrartbWons you can make to thla avPointrnvnl and your masons for
wanunp to servo on the Baard. Gommlaafan, or 1ComrtMttaa) ) yr' _~'
l ~ I.
i
~ / r ,j~ .._.
~~ ,`~ ~.. ~ ~.I ~ b r s'~ ~ 1'c v~ ~ 01i/ ~ ~' r, .t y tip ~f ~ .
Do you undt;rotand that s#ttond~t~co ~n4 t~tlv~ suppoR 1• rrpultrod for oath appolM~ooT
Yt;s ^ Nn
81flNED ~ ?
er..r-~
~ Onc• the City Councli hao flila-d a porltlon~ yowl Ilppilc~tlon wlli b~ trtmovod from the fli• ana
you ntw~t rwooly for wear. ooraninet;.
P. O. Box 18b Colloyvillo, Tox~1a 78034 917/877-7576 FAX 817!577-7555
C1tY of
1 ~ ~~ -
Texes
APPLICATION FOR APPOINTMENT
NAME DATE
ADDRESS
~o~ ~burz~ ~R-
riOiriE 1 ELCf`r'7~J1
g ~ ~ 35 S - p5~ 7 WORK
E-MAIL ADDRESS FAX
~/o~
-~J~
APPOINTMENT DESIRED (list Board, Commission or Committee for which you wish to be considered)
~ 5. N - a t~ Cv2 ~ c~vsz Comm ~~~ ic~C` ~v~ - ~i~ ~cti,
QUALIFICATIONS gist educational background or experience that would assist ou in ca
appointment) Y Hying out the duties of this
~~ ~~~ O u ~-~- ZC ~ c~ht1~-c)tV Lr4rv;s c ~ ~ TICS -: ~,~ e ~
nn~~~N~~ ~ ~~~~~ (aoa,e~o ~rn ~ ~2 -~ U n~~ ~~~~~~eUn~ t-~rn~ o u~ -u~,.s F}ss oc .
1~~; v`~LL~. ~ c
J ~~C`~4t-~- ~,cf2 Ct v~,sr.c~
U
i
~ rctASUNS FOR SERVING (State briefly the contributions you can make to this appointment and your reasons for
wanting to serve on the Board, Commission, or Committee)
~~nn''~ `t-v'~~s.~,y~R-2 `Fb~t 'C.crf.Pti.u, V ~ ~L~. /5~~t,~}S :QJrrct~,~~i-t~-c~Q a---,~1 C'on~+`vrz.c.c~. ~-~o'
~ F "`~, '~t~~-fz2 ~~17~.~L t~t.~-v~~ '~{j sU V t=. Lt~~ i SL
I ~~,~,~ ~~('~?.~-~ ~/!C _ _`.'F C.C~'I/~ / ~ L,l~~'1~t~1 ,3~~"1~~ ~!~' ~ /1 L `f-C) ~<<,Q ~
~.. ~ `~'CSi.C ~~'~' l /~V~Tr~ GY~~o,L„P,~1 ~ 4-a2-~.. I
Do you understand
Yes
SIGNED
r'~~ .. _ ~
Once the City Council has f
you must reapply for future
^ No
each appointee?
attendance and active support is
a position, your
will be removed from the file and
P. O. Box 185 Colleyville, Texas 76034 817/577-7575 FAX 817/577-7555
7-1d-2000 3:16PM FROM
r r,
~:~
rexa5.
APPLICATIQN FAR APPQINTMENT
NAME- ~ DATI~
~+ ~ ~Q.n she rc~e~ '
~: ~1v J~ ~~?oon
ADDRESS
o!~ a ndl~~ ~~-~ 1f~ ~~IIF rx 7~03~
~ HOME TELEPHO ~ ! ,~ ~ ' /~~ ~ ~~ Ss 'WORK _ ~ g- ~~~
E-MAIL ADDR SS ~`
j APPOINTMEN ESIREO (list Board, Commission or Committee for wnich you wish to be considered}
~/ ~P
4IUALIFIGATIVNS (list educational background or experience that would assist you in carrying out the duties of this
j appointment) ~y /~~ ~,~~j ~(
/ ~`(k.S ~{~' ~I 4.i1 (~IkJ~I.L~ ~Z'~. ~ `-~C~e-~ i''~~ ~ ll~l/tJr U 'c: r ~2~'Sl~ i ~J ~ ~ ~ i (I' ~~
~ ~'d enf a ~ ~ ! I ~... , c I e ~~. bar /~, e ( ~ ~ • 1 -~- ~ ~'v~-~
~ lr Jew ~ ~ Go 11 v ~~~ ~~. ~~ e ~ ~ ~ ~
~~x~ s r
~ ~
rtcr~wrr~ rvK 7t`!'CVING (State briefly the contributions you can mace to this appointment end your reasons for
4i~wSant~ng to serve on the Board, Commission, or Committee) ,
~res`d~~ o ~ ~<.e. ~ l~e~~ ale ~~~' er, _L~ G~.~ ~ ` iiV$~` ~~ ~~~
~ ~ ~ ~~
G' e~
~ ~
uo you unaerstand that attendance and active support is required
:ld~ Yes
SIGNED
^ No
~l 1/_.~~
Once the City Co ncil has filled a position, your application will
ou must rea I for future o nin s.
P. O. Box 185 Colleyvilte, Texas 76Q34 817/577-7575
r each appointee?
removed from the file and
FAX 817/x77-7555
JUL. -11'00(TUE) 14.45 CITY OF COLLEYVILLE
P. 00~
Ctt o/
~.1~
Texat •
~~~~~~ ~
APPOlNTMlNT DEa1REd {tom sc.r~J, ~ -' .' r K 1wT ~' ~ ~ ' ~`~zf ~~ ~~ ~ _
~~aa ~11rflisai0fl Qr CotrtmittN /Or arhioh you wish to Ae cons~dsr~)
QuA~i c~roNB arc .dw '~~ ~-C~f ~,~,7L ~~~~s lrs/
c+tton.t ~ / C ~
aPPolrnm~nt) ckprvurtq or axpa~noa that vwuld aasiat Ycu in cerryi~-0 cut tM qutisa c ~
- Lai ~ /`P~~ --~s,~ ~~-Ue ~r ,
REA80N8 FO BERYING etn~
wanting to NNa on tilfa Boatti, Com bdaAq tb ~~~ you ~n Rtaka tc this a
-~ =i ~ ' ~l ~{ /G~ion~ C~~ PP~nima~t and your n~sons fa ~
l ~ ~ ~ ~~ ~ .
l
You
support
0 No
po~lgort p
P. O. etax 185 Co1leYvilit/, T~xats 7i3p34 817
1677-767
be nmowd from
FAX 817/577-75b5
APPLICATION FOR APPOINTMENT
silty of
1 ~~
7'exa5
APPLICATION FOR APPOINTMENT
NAME DATE
~~e/ ~ezwk.~
ADDRESS
~. a.oo ~b~. lt~~,l~ ~ ~v ~
HOME TELEPHONE
E-MAIL ADDRESS
FAX
I APPO~I{NTMENT DESIRrED (list Board, Commission or1C`ommittee for which you wish to be considered)
QUALIFICATIONS (list educational background or experience that would assist ou in ca
f, appointment) -~.G e ~ ~crou ~c ~ Y rtying out the uties of thi.
~, ~wwc6~. 4..~~sa~ ~~ Wowed cs~.R.. 1~.
To ~. c~v, o~~ ~a ~o~---tom a o t~ ~-~~r~~t.~.~ / e~ `1c~--~~ r . ~c~
~Y.~s_s-t,ca~ d, ~ ~ u.pe~d N~ u)o wl1Q,~ ~ ~, o.M~nL.~L,Tc eti'Y- Suv-ct ~~~ ~ti."C Q v. ~j ~ Q v~o-~ ~l- c~M~~~ eQ.o ~ Extl~
~~ ~e.
~. , ~, ~, ~ w ~-~... ~' ~. ~~Co ~ ~o b ~ u»i~iouv~. re „`~- c~r~~",G T acv~ao. Q, c,c~~K....,..~
j '~~,~,, ~ o-ir~~rS~vr+J. 'N.~~ ~Cr~ ~:~ w-" ~ cam.. c~~c~~cASU ~ ~ C.s~ w~r
~, ~n,,,,'~'C ~ ~` .i a-sue.., b a~CU c~..,~. ~,~ ~ s~.d3\~~ a o~c,~~v-.~. ~ z~,..,, SCm r v~ so~
~ ~to_~~ C~ .a.,~r 6~ uL w~ ~xya, ~ ~ ~ w'~ ~~ a~.~..J. C.oue~ ~•-C~o+.~ e~x.
REASONS FOR SERVIN (State briefly the contributions you can make to this a
wanting to serve on the Boarcl, Commission, or Committee Ppomtment and your reasons for
I ~ `{~ ~~. -r~.Q, ,~po.~-t- ~~st.~~. ~s o..~~~`~ v- ~. ~~. he~a ~~ b~`C~ e ~,.~ , U..-~,
i ~ Cc. ~ c~ "Lj..~. 14 ~ ~ I y- H w ~ ~ lc. Cowl ~ ~~'o..~ ~ No4..v,.~ -~,~" bcs L' V~q no c.:.r.a ~
1~n~ ~Ct,..Q-wS Ct.,~u.~~~T~ cu4~ '~'w°~*1 ~n.dC u~o,~b~ t"oL~y ~ o~,,~ ~k~CO~,'l~v~. ~.~1
I b~ e o,,` s ~ a,o.,~,Q ~ ,
Do you understand that attendance and active support is required for each appointee?
J$~ Yes ^ No
SIGNED
C~-~ ° _ `~
Once the City Council has filled a position, your application will be removed from the file
you must reapply for future ooenines_
~8 3 ~ao ~ ~
F. 0. Box 185 Colleyvilie, Texas 76034 817/577-7575 FAX 817!577-7555
c~tr or
?'cxas
APPLICATION FOR APPOINTMENT
NAME: ~` G~/ DATE: ~ i~ ~~
ADDRESS: '
~ yvz ~~~sS ~T C ~ ~,
TELEPHONE HOME: WORK: ~~ ~ S ( ~ ~C1Y.~
APPOINTMENT DESIRED (List Board, Commission, or Committee for which you are being
or would like to be considereo): /~wy ~ ~ r~¢Sl~ f~~ ~
QUALIFICATIONS (List educadona/ background or experience that would assist you in carrying
out ~e duties of his appoinbneni):
~o/% /lf 1~f1/F~~~G~ ~-~ .~f~if~o~~K~ivy l f v~l~~
REASONS FOR SERVING (State briefly the conbibuSons you can make to this appointment
and your reasons for wanSng to serve on the Board, Commission, or Committee):
~ ~ h4 y ~. sly ~~~~/ ~ -
~o you un
Circle:
SIGNE
Once the City Council I
must rea~pty for future
that attendance and active support is required for each appointee?
NO
your application will be removed from the file and you
P.O. BOX 185 COLLEYVILLE, TEXAS 7603; (817) 577-7575
city of
~ ~~
Texas
APPLICATION FOR APPOINTMENT
~ NAME DATE
a.l l cox. ~ ?- l9 - o
ADDRESS
lea -' d ~ _
HOME TELEPHONE WORK
/1~ - _ y
E-MAIL DDR SS F
a l- 31
APPOIN MENT DESIRED (list Board, Co fission or Committee for which you wish to be considered)
~ II 7/_ n _• ~ ~1 T ~, r
....-
QUALIFICATIONS (list educational background or experience at would assist you in carrying out the duties of this
appointment)
I•) dwrt,~r- OQe%.•t-or o•~ YQ~d apt R~.+~o + ~<<tQQtae~,. f~'~~;u.rn -tn
~•~ h end Caste. I ~i..c-n ~+u.r~e ~r~ S~lLC~ ~`1q'y • f~dd ~~s5
' ~o Cot1•e. Yi I1•e. 6lud
~ a• ow~i. - o e e~.-}-~ ~ o -F G ~ ~ ,0+51't'i buto c•s on .1 nd~tc; c~. 161vd
3• ~~ •~ona.~ S'~.1t..5 ~ r. •~ro~ 13 e~o-.c'S 0~• (p • n
5 5 . ~ ~ Cloth sto ce.5 I n -1-h~e.
REASONS FOR SERVING (State briefly the contributions you can make to this appointment an our reasons for
Nanting to serve on the Board, Commission, or Committee)
~ l•) As own~c oar Yc-.cd 14~+- ~. w~n•t- ~h~ hwy. aL~ C'~cc odor }~
Q~tcaC-4- Otht r !~ ~~h ~ ~ ~ ~t-~I ~etc~~ 1~e~5 -t-o Corh ~1 ~ n-~r--f- o~.~
i Y
Z•) Z h~v~. ~.XPe.c-rle.rtC~.. in {{x,4.1 Es~t~ I~~~-h bow}-~ C~ Sin le
~ c~e.. o~e~4,-~o n 45 we.~~ c~,s c~ ~,ha.:~ n o~ Sto~~e.S . 5
)o you understand that attendance and active support is re wired for each a
4 ppointee?
Yes
SIGNED
^ No
Vince the City Council has filled a position, your application will be removed from the file and
ou must rea I for future o enin s.
P. 0. Box 185 Colleyvilie, Texas 76034 817!577-7575 FAX 817/577-7555
07/19/2000 16:02 8175453590 MIDTBO DEVELOPMENT PAGE E
J~'L. - l9' U~ (WcDI ! 5 ~ ~~ ~ i'~'~ ;!F C~~L;.~GY~` C LLG - ~~~
Git of
~~
Tes~•
APPI.IGATION FOR APPOINTMENT
NAME ~ o o.. ilr- ; ~-#-In~ DAI! 1g ~ fl n
ADDRES•
MOMST~L~5~5~ ~~ __ w~7 5y5 ~3~~
E~#AAI~ ADDIl~ .. ~ FAX j
I t~.wR~ ~1+I~l~TQ~ . C~v~1 i ~ y5-
ArPOlNTMlNT DESIRED n+a sab, Commssbn o~ Con,n,na. ror whlah you ~•h to bs const0•nd?
I~l ~G~+W~ ~ ~o C ~ r ~ c~p r- ~o wtafle~Cl A, eticJ~' c~TA~ 1
OUALIFlCA ONe dMt aducatlo~a~ b~dca;lmuad er ~pManoa thAt world •YiM you in cenyino out the dub. of tNe
spQolrttm.nt) }. ~,- ~r (~ ~~tb ~ ~.Q~ ~wb"1'~ Twi ~. 1 ~
^~oc,r~e~ _ Me•w.~r- ~ P~ P ~,,1 es ~,,~~ cLe,~elo pew tom' ~7~2 Q~.~,v,~.fl
I Cip vN\SNY` ~~C~ , ~1QG -C~N/~. ~4L ~I~AR w'l' '~Q~ C B K. • i - 8~M D~
~ pF i ;~ ~K~a1t-e. Or,~ ~ibr o~J o~ d Cpw•,a~~ ~~ ~+n~e~ 6~ ~G,'F
R N ~`~1t ~L~ItVfNG tetsts bully the ooii'Rdbwlon~ yov can make to this appo~ntmsm snd your reason: for
i wsrriinp to sanrs on the oosrd, Comr*~s~on, or Ca~fl~faNtN}
o s'ho,r~ ,-~~ ~~~ e~~~.~.c~+~•~t~~ d~~Je~++~ti~- ear:e1~, ~~
~~1+r".- ~ ~a,,,, ~.r~ -~ ~ 1 a~ Gv+M~.~.v-i ~~ e S ~ ~Ti .Mg r rb ~~ 5~~£3~t>' LY•t° ~2,~
A~ a t n ~~i ~~ ~d~-~ t d 1 ~ 1ca. ~i ivw Pro v~, ~ Q g a1 2(a
t,,.,,a. ,N,o,~ ~11e~U~11.~, c,.~~ ~~ ~ st~o p , D
i
0o rou wu0errtand that attendanoa a w wppoR a required for each appointee
Yee f~ No
~ aN
mince t~ eaey Courtcl! haws f111K'I at
~~
C,~- .
P. O. Box 18b Colleyvllle, T~xa• 7x034 B7 7J577.767b FAX 8171577-7555
"`JUL. 20. 2000.' 2:04PMa~~'1PRIMECO PERSONAI, COM DA"= F`_~ N0 3528 P. ?/1e~
._. .
~i.~/
Cj~f Or
7'exs~
APPLICATION FpR APPOINTMENT
~w~tM~: ~Av fa C:au. o~ DATE: 7 20 on
~DDRESB; l09 Qua i~. >° K a
~ Ilf` ~~ i~ t x 7603
'~'E~.EPNONE HOME: i 577-silo IIYORK: t7 2S~ -~3 q
~ ~ ~n Io~tfi: Cor~nc~lalon, or Canmltho t0/ wAfcA reu ah p~lnp
u~r would IIA~ to Os con~fei
~~5.~ o~(o ~~Geil~e coffin /~'7e7~G',~.~G c~Stif~~r~~vr
..
r ~
I;lUALIFIGATIONS (uar *due~-enol ~dro,4u~te a
•+~po~f M0~ 1JIo! would asilit you fn ~any/n p
~~tet ff'c• ourUs~ of dcli oenelnerho~~c~
Zo YfLS e~ ~i~ntss ex~rc.~c~
• ~r i Thal i
~ ~ n4 n ca, r~,.~,!i~
• ewe sue.*~eet b~.s~~•sses
FtEAS011t8 FOR SERVE NQ
(t1rr~ er~ofly M~ COntr/0u~on~ ypa c.A nc.k~ ro dcls ~ppo-nam.nr
or i d Y- /M~OAt for wrntfu b
"' •~ on 1rN i1ard, Corctm/sslen, er C ~ RclttN ;
K~f` ~ ~ n~-Lre ~-~- Tp seG Ce n S~ s
'~~'
1 n c Ind , .- Se,~,-~-~ y
' Ce I <<yv, I<< .
+a~+ you un
~n t Nt ih~n •ne~ an
~~"cf~: g
it~~~NED~ ~~ Nd
~~
n'~~~ tM Clfy. CAYNC
x'nc a funf... ~~d a p fion- roar
on
fi r~qy f. or each a
PPointe
tAM Ale undo
CJ / / 1D! LUfJU OM: UL Ol /,M.700J f
'L. -19`~O~~yprp) pg:25 CITY OF C~LLLYY[L•LP
NMf~M ~Gl..a~~'W'ti rr+u~ G1
P. 0~1
Gas o~
~~
Tea~•
~, APPLICATION FOR APPOINT~YtE __
~ ~ ~ ~ ~ ~
JUL 21 Zu~O
CITY SECRETARY'S
OFFICE
. NT
I'riAAllE:
~~IDORESS: ~ DATE: ap
~~t3 ~aMer'Se-~ v .
t~ e ~~ it T 'Z (~ 0 3
I,EP OA[E HOME: 551- a~~s
~~~ W RIC; ~ ~~
,. ~o~~.
0!'; M~OWd Nh ~o. w ao~f ~ ~~• C~11111fr1~q~ s/ C'MtAIf~MN for Nlh/ch JroL .A bNnp
.~
~ h~vj-
~~UALif (CATIONS rcar.d~~ee~
;~ she dYYY Of dl/a • elnpnM bti~Iro~Mr.Or ~iA~rleAle ble! N-OrvJd ~~ ~npy In~ ee~np
Se.~, a~~,~ ~-
r.
f~ASONS FOR SERYIN3
R1irh bMenr ~e senslaudoni
~~'Yow !'~elf~i IbI Illel~rq !e ~~ C~ TAR! t0 >d11! lppoiA0Alnf
•Mrr oh >r1h rtoonq~ CemnHsstoR, er C
S ~ a~c~ Me-~'t-
....~.. ~ C3 or NO
G~~E ; i/
Z'd EE6'ON
r, ar sae apPointe~? ~.
Horn the a end you
lCitie Biala
Ta: Greg Lehrmann
Sub)ect: RE: New MicroeoR Word Documant (Z}.doc
Dualifications
Leadership Colleyville 1989; Colleyville Planning and Zoning Commission 1892-94;
Attorney, Board Certified in Comrnerciat and 12esidential Real Estate Law by State
J3ar of Texas; Northeast Tarnant County resident since 9956; father of two Bransford
Elementary school children; extremely strong desire to have a beautiful, safe,
business,generating Colleyvilte Blvd. Corridor.
Reasons
Ever since I was in Leadership Colteyville and Colleyville P 8~ Z, I've paid attention to
areas that I believe CoJleyville wants to emulate and exceed, in order to detect the
things that make those areas beautiful, particularly business thoroughfares that in
most cities are NOT attractive aesthetically. Example of an attractive area: Kingwood,
Texas, with great buffering, landscaping, and signage. I can give input, am not
attached to every detail of my vision (I`m flexible within maintaining high standards),
and will help communicate our recommendations to the community. My office is on
Colleyville Blvd, therefore, 1 feel my views are balanced. 1 am in savor
of an attractive, safe, and convenient development.
7/21 /00
E'd EE6'ON
07i26i00 16:55 LANDMARK BANK-CUVILLEPT -~ 95777555
JUL. -1'' 00 f h10N1 1 Q :19 CITY OF C4LLEYV I LLE
APPt~ICATIOH ~oN AppoINTM~NT
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D qt~t 6ootq, Caf+mlwlon o- Comtt~MtM fa whloh You wloh to b~ con~b~req)
Architectural Control Camaaittee
oppalntmonl) - - - -~ ..._. """^..,.~~~' '+w~prwwnq or tiur~l}R11p8 thn t+1-pukf eNIM you In artytnp oul the duth~ at
Worked at local banks for 37 years. 20 years as a real eeta.te officer, deali..d
arith builders, developers, etc.
•••.r•...~v ~v~ •sRY1NQ tRIA18 btlNly !h8 oO~tfAlwUana lroy can melts 1o Ihlo oppq~mment 8nd your raa~-a 1
wcntirp to Mnrc on tho So+trq, CommlMlon. ar CaMnMaa~
The czperience obtained with builders and developers has allowed me to review
blue prints, elevations, etc. for lagn requests. X would like to see our
Rwq 2b and otber commercial areas imprwad from au architectural stand paint.
you
and
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RESOLUTION R-00-1693
A RESOLUTION APPOINTING MEMBERS TO THE S.H. 26 CORRIDOR
COMMERCIAL DEVELOPMENT STANDARDS TASK FORCE
WHEREAS, the City Council has designated the quality development of
commercial property in the S.H. 26 corridor as one of its top priorities
for the coming year; and
WHEREAS, the City development regulations and architectural controls are one
means of influencing the quality of commercial projects; and
WHEREAS, it is the desire of the City Council to create a S.H. 26 Corridor
Commercial Development Standards Task Force, consisting of eleven
members.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1. THAT an eleven-member S.H. 26 Corridor Commercial Development
Standards Task Force is hereby established.
Sec. 2. THAT the S.H. 26 Corridor Commercial Development Standards Task
Force's responsibilities shall be as follows:
a) to review and make recommendations to the City Council on
development regulations and architectural controls to influence
the quality of commercial projects along the S.H. 26 corridor.
Sec. 3. THAT the following persons are hereby appointed to the S.H. 26
Corridor Commercial Development Standards Task Force:
o~~. ,~'J
~~ ~~
AND IT IS SO RESOLVED.
~'Ga:. tau.-~mU
Passed by a vote of ayes, nays, and abstentions, on this
day of , 2000.
Resolution R-00-1693
Page 2 of 2
ATTEST:
CITY OF COLLEYVILLE:
Jean Harris, TRMC, CMC Donna Arp
City Secretary Mayor
CITY COUNCIL
Un' of
~, ~~
>~.,;
AGENDA BRIEFING
For mt .: 08/02/00 CMO Approval:
Item #
12
Resolution #
R-00-1694
Previous Action: None
DEPT.
COMMUNITY DEVELOPMENT
SUBJECT
Approval of the establishment of a policy to notify
property owners within 500 feet of property being
considered for rezoning
Reading and Public Hearing
Background
City staff was directed to research and prepare a resolution to establish a policy
regarding property owner notification in zoning cases. There is interest in establishing a
greater notification boundary other than the 200-foot currently required. Historically, the
200-foot notification area has been in the Texas statutes since the adoption of zoning
enabling legislation in 1927. Most cities use the 200-foot notification area, but there are
some cities in Texas that have adopted a larger notification boundary. Cities that
provide a larger notification area adopted those procedures as provided by Chapter 211
of the Texas Local Government Code, which provides the authority to establish the type
of notice given to the public in zoning cases.
Section 211.006(c) of the Texas Local Government Code states that the governing body
of a home rule city may establish the type of notice provided for public hearings of
(continued)
CITY MANAGER
DE R ENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1694
Page 2
zoning cases. The change in the type of notice requires atwo-thirds vote of the
governing body. A proposal to change the notification requirements must receive
four affirmative votes to take effect. The statute does not specify whether the
change must be made by ordinance or resolution.
The attached resolution proposes a change in the practice of how the City of Colleyville
prepares public notices for zoning changes. Approval of the resolution would make a
greater notification area a matter of policy, but would leave the official 200-foot
notification requirement in the Land Development Code. The ordinance covering the
same process would not change.
Staff is concerned that if the practice of preparing and sending notices is different from
the ordinance requirements, there could be confusion on the part of the public. For
instance, the City Code is available on the Internet, and it is anticipated that the Land
Development Code will be available on-line later this year. A person accessing the
information on-line could not find the correct information unless that person contacted
the City directly. If the Council wishes to change the procedures for public notification of
zoning cases, staff recommends an amendment to the Land Development Code rather
than a change in policy. An ordinance change would provide a clear statement of intent
for public notices and eliminate any perceived inconsistency between ordinance
requirements and practice.
This briefing provides the following background information on current State law and
local ordinances. It also includes examples showing the impact of a larger notification
area on the number of notices, protest requirements, and other issues.
State Law. Section 211.007(c) of the Texas Local Government Code establishes the
procedures for notification of a zoning change. Notices must be mailed to
property owners that own property within 200 feet of the property on which the
zoning change is proposed. The notice must be mailed to the owner listed on the
most recently approved tax roll. Public notice is provided for the protection of
property owners and to safeguard them from arbitrary exercise of zoning powers
that are granted by law.
Colleyville Code Requirements. Notification requirements for zoning changes are
listed in Section 1.18.6 of the Land Development Code. The requirements are
consistent with State statutes.
Protest. Section 211.006(d) of the Texas Local Government Code contains provisions
for dealing with protests to proposed changes in zoning boundaries. The protest
must be written and signed by the owners of at least 20% of either the land
proposed for rezoning or the area of the land adjoining the land proposed for
Agenda Briefing
Resolution R-00-1694
Page 3
rezoning and extending 200 feet from that area. If the protest meets this
requirement, commonly referred to as the °20% rule," then the proposed change
must receive, in order to take effect, the affirmative vote of at least three-fourths
of all the members of the governing body. Since Colleyville has five voting
council members, such a request would require four affirmative votes.
Other City Experience. Staff researched notification requirements of other cities
around Texas. The cities of Fort Worth, Austin, and EI Paso require a 300-foot
notification rather than the 200-foot required by State law. These cities have
adopted the 300-foot notification requirement by ordinance, and the requirement
is stated in their respective codes. None of the seven cities surrounding
Colleyville have regulations that differ from State law.
Impact of Notification Area on Protest Requirements. As the distance for
notification increases, the land area contained within the not cation area
increases at a larger rate. Given this fact, the protest requirements must be
specifically addressed. If the protest requirements stated "20% of the notification
area," a larger notification distance would require a much larger number of
parcels to achieve the 20% threshold. For the purposes of protests, the City of
Austin code maintains the "20% rule" as stated in the State statutes. The Austin
code requires that the land area within 200 feet of the proposed rezoning be
used to calculate whether a protest triggers asuper-majority vote.
Impact of Notification Area on Notices Sent. The table below shows six examples of
how a change in the notification area will affect the number of notices required to
be mailed. The examples are based on actual cases recently considered by the
City Council or Planning 8~ Zoning Commission. Exhibits for each example are
attached. Two of the exhibits show all of the notification area boundaries. The
other four exhibits only show the 200- and 500-foot notification boundaries.
Number of Parcels Notif
Project Location
Si ied
I
ze (acres- 200 300 400 500
Colleyville Commons' (Colleyville Blvd at Cheek Sparger ~ 13.6 34 44 54! 73
Colleyville Montessori Academy Glade Creek at Centerpark 1.45 14' 25 33 39
SUP for Bam Bill Simmons Road 2.4 20 25 32 44
Noorvilla AG to R20 Pool Road at Glade Road ! 0.89 12 18 29 38
Village at Colleyville Pleasant Run Road 24.1 40 ~ 66 88 103
Bluebonnet Hills AG to R20 Hall Johnson Road ~I 52.6 63 93j 136 152
'Only includes parcels in Colleyville
Agenda Briefing
Resolution R-00-1694
Page 4
Impact of Notification on Staff Time. Each zoning case submitted to the City requires
property owner notification. For each case, staff prepares a notification map and
researches the names and addresses of the property owner for each affected
parcel. The property owner information is maintained in a mailing list for that
particular case. Each property owner is then mailed a notice letter. Staff
estimates that the notification process on average requires 1.5 hours of staff time
per case.
The table below shows how an increase in notification area will affect the staff
time spent on an individual zoning case. An average number of notices was
calculated for use as a baseline for the comparison, and an estimated time per
notice variable calculated. The estimated time per case is shown in hours. A
change to a 500-foot notification area could result in an increase of 145% in staff
time spent preparing notices for each zoning case.
Number of Parcels Notified
Project 200 300 400 500
Colleyville Commons 34 ~ 44 54 73
Colleyville Montessori Academy % 14 25 ~ 33 39
SUP for Barn I 20 i, 25 32 44
Noorvilla AG to R20 12, 18 j 29 38
Village at Colleyville ~ 40 66 88 103
Bluebonnet Hills AG to R20 ~ 63 93 136 152
Average Number of Notices j 31 ~ 45 62 75
Estimated Time per Notice (minutes) I 2.90 i 2.90 2.90 2.90
Estimated Time per Case (hours) 1.5 ~I 2.2 ~ 3.0 3.6
Percent Increase in Staff Time 47% 103% 145%
Other Costs. In addition to staff time spent preparing notices for each zoning case, an
increase in direct costs can be expected. An increase in the number of notices
will have a direct impact on the amount of letterhead, envelopes, labels and
postage used for each zoning case. Each notice costs approximately 52.5 cents
to prepare, including postage.
Recommendation
Denial of Resolution R-00-1694
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BLUEBONNET HILLS AG TO R20
RESOLUTION R-00-1694
A RESOLUTION ESTABLISHING A POLICY TO NOTIFY PROPERTY OWNERS
WITHIN 500-FEET OF PROPERTY BEING CONSIDERED FOR REZONING
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT when a proposed zoning change affects a speck tract of land, written
notice of the public hearing shall be sent to all owners of real property lying
within five hundred (500) feet of the area being considered.
Sec. 2. THAT this requirement shall be above and beyond the requirement
established by Section 211.007 of the Texas Local Government Code and
Chapter 1 of the Colleyville Land Development Code.
AND IT IS SO RESOLVED.
Passed by a vote of ayes,
of , 2000.
nays and abstentions on this the
day
ATTEST:
Jean Harris, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE:
Donna Arp
Mayor
CITY COUNCIL
~,~, ~,
e - ~~
Tcsas
AGENDA BRIEFING
For mt .: 08/0200 CMO Approval:
Item #
13
Resolution #
R-00-1695
Previous Action: None
DEPT.
CITY MANAGER'S OFFICE
SUBJECT
Approval of the "Keys to the City" Program
Reading and Public Hearing
Background
As per the attached research and analysis, the "Keys to the City" program will provide
for the recognition of individuals, groups and businesses for achievements,
accomplishments, or civic commitment for the City. This program will be implemented
at the discretion of the Mayor.
Financial Impact
None.
Recommendation
Approval of Resolution R-00-1695.
Attachments:
"Keys to the City" Program Policy
~~
CI Y MANAGER `_~~
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
"Keys to the City" Program Policy
Purpose
The purpose of this policy is to establish procedures for the recognition of individuals,
groups, and businesses for achievements, accomplishments, or civic commitment by
awarding a key to the City. City staff surveyed eighteen neighboring cities concerning
their "Keys to the City" programs. Of those eighteen cities, ten responded that they did
have a "Key to the City" program, but none of the government entities had a formal
written policy. The majority of responding cities identified their program as "informal".
II. "Keys to the City' Criteria
The awarding of keys to individuals, groups, or businesses, varied among the surveyed
cities. The majority of respondents awarded keys more frequently to individuals and
groups rather than businesses. New businesses were more likely to be presented keys
than existing businesses.
The City should establish a practice that is aligned with its community relation's goals.
Despite what approach the City decides to take, the City should connect the award to a
significant event. This policy will define a significant event as a contribution by an
individual, group, or business that benefited the residents of the community in a unique
way.
III. "Keys to the City" Options
In response to the survey, the City has identified several methods for awarding keys,
which are as follows:
A. Mayor's Discretion
The most widely used method of awarding keys to the City is at the
Mayor's discretion. Of the ten cities surveyed that awarded keys, seven
presented keys at the Mayor's discretion. This method is usually more
publicity oriented involving a visiting dignitary in the area, a civic group
that should be recognized, someone who acted heroically, etc. It should
be noted that in several of those seven cities, keys were presented very
infrequently with few Mayors choosing to exercise this option.
B. Mayor, City Council, and City Manager's Discretion
The City of Denton uses a format that requires the Mayor, the City Council
and the City Manger's vote for nomination approval. The nomination must
receive the majority of the vote in order to be awarded. The awards would
be presented in the same manner as the proclamations.
C. Chamber of Commerce's Discretion
Another method of awarding "Keys to the City" is through the local
chamber of commerce. This approach is more oriented toward developing
a relationship between the City and new and existing business. The cities
of Grapevine and Euless use this method. When a business joins the
Chamber of Commerce, aribbon-cutting ceremony is held. As a part of
the ceremony, the Mayor or another City official would present the
business owner with a key to the City. The keys can be presented to new
businesses as well as existing ones through a re-dedication ceremony.
Recommendation:
On the basis of the above research and analysis, staff recommends that the City
Council adopt a resolution authorizing the Mayor to present "Keys to the City" at their
discretion. As referenced above, keys would be presented to a dignitary visiting the
area, a civic group that should be recognized for outstanding service to the community,
an individual who acted heroically, etc. Keys should be presented for unique and
special occasions to preserve that this is a distinct award being granted by the City.
2
RESOLUTION R-00-1695
A RESOLUTION APPROVING THE "KEYS TO THE CITY" PROGRAM
WHEREAS, the City Council desires to establish a "Keys to the City" Program for
the recognition of individuals, groups and businesses for
achievements, accomplishments, or civic commitment to the City of
Colleyville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the "Keys to the City" Program is hereby established.
Sec. 2. THAT implementation of the "Keys to the City" Program shall be at the
discretion of the Mayor.
AND IT IS SO RESOLVED.
Passed by a vote of
day of
ATTEST:
ayes, nays, and abstentions, on this
2000.
Jean Harris, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE:
Donna Arp
Mayor
CU!' DI
~e - i!~
CITY COUNCIL AGENDA BRIEFING
For mt .: 08/02!00 CMO Approval:
Item #
14
Resolution #
R-00-7696
Previous Action: None
DEPT.
CITY MANAGER'S OFFICE
SUBJECT
Approval to remit final payment to McWilliams
Enterprises Inc., in an amount not to exceed
$71,987.48, for construction of the Pleasant Run
and Sparger Park Restroom facilities
Reading and Public Hearing
Background
In November 1998, the City Council approved a budget in the amount of $354,347 and
awarded a contract to McWilliams Enterprises, Inc., in the amount of $290,762.50 for
construction of the Pleasant Run and Sparger Park restroom facilities. The total project
cost including approved change orders is $335,030.48. The contractor did not complete
the project on schedule and required extensive oversight of the Engineering and Parks
Department personnel. Since November 1999, staff has worked with McWilliams
Enterprises, Inc. regarding final payment for this project. The proposed final payment of
$71,987.48 includes $20,047.48 for contractor expenses related to the repair of the
Pleasant Run irrigation system, which resulted from the installation of the water and
sewer utilities associated with construction.
(continued)
~~ Q~~
CITY MANAGER
DEPARTMENT HEAD
IN L REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1696
Page 2 of 2
As per the attached, McWilliams Enterprises, Inc. has agreed to accept the City's offer
to resolve this matter and close out this project with final payment of $71,987.48. City
Attorney Ross Foster has prepared a proposed Release Agreement. (See attached).
Financial
Funding is available from the Voluntary Park Fund in the amount of $51,940.00 and the
1998 Utility Fund Bonds in the amount of $20,047.48 for a total amount of $71,987.48.
Recommendation
Approval of Resolution R-00-1696.
Attachments:
Winstead, Sechrest & Minick letter, dated June 23, 2000 (paper only)
Proposed Release Agreement, as prepared by City Attorney Ross Foster (paper only)
WINSTEAD S~CHRES7~ & MINICK
A ProfesnonaJ Coryorat.o. ~ Attorrry, r Curnst~on
Snot) E2rno.tfarKc TO~c,
12111 Flm Smet
Dally Trxaf 75170
June ?3, 3000 2tir7<5~5~O1t
faa 1 N/7~S-Sl90
-.+.+ -,n•tu0 tom
Via F c- iinilr (8171 4!lS-1836
n•nu J.J 21~i'•i f,~•
Mr. Ross 1'. Foster
Atiarncys at Law
9001 Air~art Freeway, Suite 675
rots Worth, "Texas 76I SO
R~: Principal
Bond No
Obli~-r~~:
PTO)CCt:
Dzar ROSS:
McVl+illiams lrnterprists
137~b21
City of Colltyvillc
Pleasant Run end Sparger Parks
.4ftcr mulling -t over, i~tr.Will,ams hasdecided to accept thz Cit}rs offer to resolve the matltr
for $71.987.48. Phase forward the proposed release document for my rcviev~- Thank you for your
cooperatron In re~ulvin5 this matrer.
Very truly your.
f
Mtchrllc: I. Rirgcr
'~lIR'lah
cc Mr. Justin I~tcWillfamS (4ia Facsimile)
Mr Robert Shoemaker (via Facstmilt)
ODM.~;Pt 4x~C~~11wiLw.S i,i;l~ti7,i
DALLAS MOUSTOn
wuSTIN fOKT 1Y f7tiTM
MEr-CO CITY
~~~:
Z•d 9EBZ-SB4 LiB •0•d'~azso~ 1 ssoa eZS1B0 00 ZT inC
Ross T. Foster, P.C.
Attorneys at Law
9001 Airport Freeway
Suite 675
Fort Worth, Texas 76180
ROSS T. FOSTER
KENNETH E EAST
July 24, 2000
Ms. Michelle I. Rieger
WINSTEAD SECHREST & MINICK
5400 Renaissance Tower, '
1201 Elm Street
Dallas, Texas 75270
Re: Pleasant Run and Sparger Parks
Deaz Michelle:
roan gee-yin
FAX (O17)1BS2E38
Please find enclosed a proposed Release Agreement in reference the above matter. Please
review the agreement and advise me of any problems. It is my understanding that you will
forwazd this agreement to McWilliams also for the purpose of review. I anticipate this matter
will be placed upon the August 1, 2000 Council meeting agenda for approval.
If you have any questions, please contact me.
Ve truly yours,
oss T. Foster
RTF:dk
Enclosure
cc: City of Colleyville /
RELEASE AGREEMENT
This Release Agreement is entered into this the day of
2000, by and between the CITY OF COLLEYVII.LE, TEXAS, ("City"), McWILLIAMS
ENTERPRISES, INC., ("McWilliams', and AMWEST SURETY INSURANCE COMPANY,
("Amwest").
WHEREAS, the City and McWilliams entered into a written contract for the construction
of the restroom buildings at Pleasant Run Pazk and Sparger Pazk, on or about November 13, 1998
(the "Contract"); and
WHEREAS, Amwest executed a performance bond guarantying the performance of the
contract by McWilliams to the City on or about November 13, 1998 (the "Bond"); and
WHEREAS, a dispute has arisen between the City, McWilliams and Amwest concerning
the performance of the Contract and the payments due thereunder; and
WHEREAS, it is the desire of the City, McWilliams, and Amwest to settle the dispute.
NOW, THEREFORE, for and in consideration of the promises, representations, releases,
warranties and covenants contained in this agreement, the Parties hereby agree as follows:
ARTICLE I
Consideration
1.1 Colleyville shall pay to McWilliams and Amwest, jointly, the sum of
$71,987.48 by the issuance of a check made payable to McWilliams and Amwest drawn on an
account of the City containing sufficient funds to pay said check.
1.2 Each party shall release the other as provided for in this Release
S~TTLENIENT ACREE111 VT & R i FASF pp i
C:\Forms\Ciry\mewilliams.rls2.wpd 784/00
Agreement.
ARTICLE II
Exceptions and Continuing Obligations
2.1 Nothing in this Release Agreement shall effect, modify or reduce the
obligations of McWilliams to the City with regard to the warranties extended by McWilliams to
the City pursuant to the Contract. Said warranties shall continue in effect and McWilliams shall
continue to be bound thereby until their expiration pursuant to the terms of the Contract.
2.2 Nothing in this Release Agreement shall change, modify or reduce the
obligations of McWilliams and Amwest to the City under any payment bond issued with regard
to the Contract or the work performed pursuant to the Contract, and McWilliams and Amwest
shall continue to be bound and shall perform in accordance with the terms of the payment bond
until its expiration pursuant to the terms of the bond.
2.3 Nothing in this Release Agreement shall change, modify or reduce the
obligations of McWilliams and Amwest to the City under any maintenance bond issued with
regard to the Contract or the work performed pursuant to the Contract, and McWilliams and
Amwest shall continue to be bound and shall perform in accordance with the terms of the
maintenance bond until its expiration pursuant to the terms of the bond.
ARTICLE III
Releases
3.1 Except for the obligations imposed by or excepted from this Agreement,
the City, on its behalf and on behalf of its respective agents, employees, servants, representatives,
attorneys, insurers, re-insurers, subsidiaries, successors and assigns, and any entity claiming by,
SETTI,E~IEYr AGREEhtENT & REi ASE PA 2
C:~FormslCirylmcwilliams.rls2.wpd 784/00
through, or under the City, does hereby release, acquit and forever discharge McWilliams, its
agents, employees, servants, representatives, attorneys, insurers, re-insurers, subsidiaries,
successors and assigns, from any and all claims, demands, causes of action, liabilities and
damages (including but not limited to actual damages, exemplary and punitive damages, statutory
damages, penalties, attorney's fees, pre judgment and post judgment interest and expenses), of
any kind and every character, kind and nature whatsoever, at law or in equity, whether known or
unknown, past, present or future, accrued or unaccrued, contingent or fixed, whether based on the
law of contract, tort, or otherwise, whether under statutory law or the common law, arising out
of, resulting from, based upon or related in any way to the subject matter of the lawsuit or actions
of the parties in the negotiation and execution of this Agreement.
3.2 Except for the obligations imposed by or excepted from this Agreement,
McWilliams, on its behalf and on behalf of its respective agents, employees, servants,
representatives, attorneys, insurers, re-insurers, subsidiaries, successors and assigns, and any
entity claiming by, thmugh, or under McWilliams, does hereby release, acquit and forever
discharge the City, its agents, employees, servants, representatives, attorneys, insurers, re-
insurers, subsidiaries, successors and assigns, from any and all claims, demands, causes of action,
liabilities and damages (including but not limited to actual damages, exemplary and punitive
damages, statutory damages, penalties, attorney's fees, pre judgment and post-judgment interest
and expenses), of any kind and every character, kind and nature whatsoever, at law or in equity,
whether known or unknown, past, present or future, accrued or unaccrued, contingent or fixed,
whether based on the law of contract, tort, or otherwise, whether under statutory law or the
common law, arising out of, resulting from, based upon or related in any way to the subject
S~TTLEh1ElYT AGREE111E,~1T & RELEA PA 3
C:1FormslCitylmcwilliams.rls2.wpd 7/24/00
matter of the lawsuit or actions of the parties in the negotiation and execution of this Agreement.
3.3 Except for the obligations imposed by or excepted from this Agreement,
Amwest, on its behalf and on behalf of its respective agents, employees, servants,
representatives, attorneys, insurers, re-insurers, subsidiaries, successors and assigns, and any
entity claiming by, through, or under Amwest, does hereby release, acquit and forever discharge
the City, its agents, employees, servants, representatives, attorneys, insurers, re-insurers,
subsidiaries, successors and assigns, from any and all claims, demands, causes of action,
liabilities and damages (including but not limited to actual damages, exemplary and punitive
damages, statutory damages, penalties, attomey's fees, pre judgment and post judgment interest
and expenses), of any kind and every character, kind and nature whatsoever, at law or in equity,
whether known or unknown, past, present or future, accrued or unaccrued, contingent or fixed,
whether based on the law of contract, tort, or otherwise, whether under statutory law or the
common law, arising out of, resulting from, based upon or related in any way to the subject
matter of the lawsuit or actions of the parties in the negotiation and execution of this Agreement.
ARTICLE IV
Acknowledgments
4.1 The Parties understand and acknowledge that by executing this Agreement,
no party admits any liability to the other party, or any other person or entity by reason of the
claims and allegations made by the Parties, such liability being specifically denied.
4.2 The Parties understand and acknowledge that this Agreement is made as a
compromise and shall never be used as evidence of liability of any of the Parties in any claim,
cause of action or suit, except in a suit wherein a breach of this Agreement is alleged.
SETTL-E~IENT A .RFFhtFN'i' & R - .FeSF -PAGE J
C:1FormslCiry\mcwilliams.rls2.wpd 784/00
ARTICLE V
Express Representations and Warranties
5.1 Each Parry represents and wanants that the Party has not assigned, pledged,
sold or transferred any right, title or other interest, in any claim, cause of action or suit against
any of the other Parties, to any person or entity. Each Party agrees to indemnify and hold
harmless the other Parties against any demand, claim or suit, including necessary expenses of
investigation and reasonable attorney's fees, in which allegations contrary to the representations
and warranties in this paragraph aze asserted.
5.2 The Parties each represent and warrant that the person signing this Agreement
on its behalf is fully authorized and vested with the authority to do so. The Parties further
represent and warrant that upon execution this Agreement and the documents referred to in this
Agreement shall constitute valid and binding obligations of the Parties and shall be completely
effective and sufficient to vest such title or interest as is purportedly being conveyed. Each party
agrees to indemnify and hold harmless the other Parties against any demand, claim or suit,
including necessary expenses of investigation and reasonable attorney's fees, in which
allegations contrary to the representations and warranties in this paragraph are asserted.
5.3 Each Party represents and warrants that:
(a) Before executing this Agreement the Party read the Agreement,
and became fully informed of the terms, contents and conditions of this Agreement;
(b) Before executing this Agreement the legal import and effect of this
Agreement was fully explained to the Party by the Party's own attorney;
(c) In executing this Agreement the Party is relying only upon the
SETTLEMENT ACRE ~t NT & R F44F pp F S
C:\FormslCiry\mewilliams.rls2.wpd 784/00
Party's own judgment and the advice of the Party's attorney and that no other Parry, other Party's
attorney, or any other person or entity, has made any promise or representation to induce
execution of this Agreement, other than the representations recited in this Agreement.
(d) The Party is entering this Agreement of the Party's own free will,
and that the Party has not been coerced or placed under any type of duress by any other Party, any
other Party's attorney, or any other person or entity to induce execution of this Agreement.
ARTICLE VI
Breach of Agreement
6. In the event of a breach of this Agreement, the breaching Party(ies) shall be
liable for all loss, costs and expenses, including but not limited to reasonable attorney's fees,
incurred by the non-breaching Party(ies) in bringing suit against the breaching Parry(ies).
ARTICLE VII
Miscellaneous
7.1 This Agreement shall be governed and interpreted in accordance with the laws
of the State of Texas.
7.2 This Agreement and the rights and obligations included in this Agreement
shall inure to the benefit of and be binding upon each Party to this Agreement and their
respective successors and assigns.
7.3 If any provision or term of this Agreement shall for any reason be held to be
unenforceable or invalid, the remainder of the Agreement shall not be affected.
7.4 This Agreement constitutes the entire agreement among the Parties and
supersedes all prior oral and written understandings and agreements among the Parties with
SE_TTLE!-tENT AGREEMENT & RE scF _ pA E 6
C:1Forms\Cirylmcwilliams.rls2.wpd 7/24/00
respect to the subject matter of this Agreement. The provisions of this Agreement shall not be
waived, modified or amended except by subsequent writing signed by all Parties.
EXECUTED in multiple counterparts on the dates attested by the signatories below.
CITY OF COLLEYVII.LE, TEXAS
By~-
Its:
McWILLIAMS ENTERPRISES, INC.
By:
Justin McWilliams, President
AMWEST SURETY INSURANCE COMPANY
sy:
Its:
SETTLEMENT A R MENT & R `cF PA E 7
C:~FormslCitylmcwilliams.rls2.wpd 7/24/00
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the
the
Texas.
day of July, 2000, by
of the City of Colleyville,
Notary Public, State of Texas
' County of Tarrant
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the day of July, 2000, by Justin
McWilliams, President of McWilliams Enterprises, Inc.
Notary Public, State of Texas
County of Tarrant
STATE OF TEXAS .
COUNTY OF TARRANT
This instrument was acknowledged before me on the day of July, 2000, by
the of Amwest Surety Insurance Company.
Notary Public, State of Texas
County of Tarrant
s~TThENiENT A REEMENT & R sSF . pAGE 8
C:16ormslCitylmcwilliams.rls2.wpd 784/00
Approved:
Ross T. Foster
9001 Airport Freeway, Suite 675
Fort Worth, Texas 76180
(817) 788-1111
Fax: (817) 485-2220
State Bar No: 07295500
Attorney for City of Colleyville, Texas
Michelle I. Rieger
WINSTEAD SECHREST & MIlJICK
5400 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
(214) 745-5400
State Baz No:
Attorney for McWilliams Enterprises, Inc.
SETTLEMENT AGREEMENT & RE . - PA 9
C:\FormslCirylmcwilliams.rls2.wpd 784/00
RESOLUTION R-00-1696
A RESOLUTION APPROVING REMITTAL OF FINAL PAYMENT TO
MCWILLIAMS ENTERPRISES, INC., IN AN AMOUNT NOT TO EXCEED
$71,987.48, FOR CONSTRUCTION OF THE PLEASANT RUN AND SPARGER
PARK RESTROOM FACILITIES
WHEREAS, the City of Colleyville desires to closeout the Pleasant Run and
Sparger Park Restroom facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the City of Colleyville approves remittal of final payment to
McWilliams Enterprises, Inc., in the amount of $71,987.48, for
construction of the Pleasant Run and Sparger Park resti-oom facilities.
AND IT IS SO RESOLVED.
Passed by a vote of
day of
ATTEST:
Jean Harris, TRMC, CMC
City Secretary
ayes, nays, and abstentions, on this
2000.
CITY OF COLLEYVILLE:
Donna Arp
Mayor
CITY COUNCIL
\:J, ~~
>~.<„
AGENDA BRIEFING
For mt .: 08/02/00 CMO Approval:
Item #
15
Resolution #
R-00-1697
Previous Action: None
DEPT.
COMMUNITY DEVELOPMENT
SUBJECT
Approval of the recommendation of the Sign
Board of Appeals for a variance for an off-
premises "Development Sign" located at 6804
State Highway 26
Reading and Public Hearing
Background
Mr. John Hawkins applied for a building permit to construct an off-premises
"Development Sign", but the permit was denied due to a prohibition of such off-premises
signs in the Colleyville sign regulations. Mr. Hawkins applied to the Sign Board of
Appeals requesting a variance from the off-premises prohibition (see Exhibit #1).
Approval by the City Council of the recommendation of the Sign Board of Appeals is
required by the Land Development Code to authorize a variance from the sign
regulations. Mr. Hawkins has obtained written permission from the property owner to
place the sign on property which has frontage on S. H. 26 (see Exhibit #2).
(continued)
CITY MANAGER
~~ B.t.
DEPA TM NT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1697
Page 2
Mr. John Hawkins is developing a 32 lot residential subdivision located 2,500 feet west
of Colleyville Boulevard at the western end of Tennison Parkway and adjacent to the
Monterra Addition being developed by Pulte Homes. Mr. Hawkin's is concerned that he
will miss potential homebuyers unless he has a sign on S. H. 26 to direct traffic to his
new development, The Sapphire Enclave, which has no frontage or visibility on any
major collector street (see Exhibit #3).
Mr. Hawkins is seeking approval to erect one off-premises "Development Sign" to
advertise lots for sale. The subdivision that is the subject of this sign is different than
most in that it is not located on a major thoroughfare street and it has only one entrance
which is at the far western end of the Monterra development, about 3 '/z blocks from
Colleyville Blvd. The applicant wishes to locate the sign on Colleyville Blvd. several feet
to the south of the entrance to the Monterra subdivision. It will be located on private
property (see Exhibit #4).
The Colleyville sign regulations only allow "Development Signs" that are located "on the
premises" being advertised for development. Off-premises "Development Signs" are
not allowed. The only off-premises signs allowed in Colleyville are "Weekend Builder"
signs placed along street rights-of-way from Fridays through Mondays and are designed
to direct potential buyers along through streets to a particular subdivision. These are
limited to six square feet in size.
Earlier this year, when the City Council was considering adoption of the Land
Development Code, two developers, Mr. Larry Cole and Mr. David Bagwell, requested
the City Council to modify the sign regulations to allow one off-premises "Development
Sign" per development. The City Council directed staff to draft such a proposal when
updating the sign regulations later this year. It is estimated that a draft update to the
sign regulations will not be completed for another two to three months. Therefore, Mr.
Hawkins is seeking the variance at this time rather than waiting for adoption of new sign
regulations.
The attached Exhibit #5 shows the design of the sign which is proposed to be four feet
wide by eight feet in height (4' X 8') at two feet from the ground. At 32 square feet in
size, the sign is less than the 90 square feet maximum size "Development Sign"
allowed by the sign regulations.
Summary and Conclusion
The Sign Board of Appeals met on Monday, July 24, 2000 to consider Mr. Hawkin's
variance request and recommended approval as requested, but with the following
conditions: (1) that the time limit for the permit be valid for one year, (2) that the sign be
removed at the end of the one year time limit, and (3) that the sign be allowed to
encroach beyond the 30 foot set back requirement along S. H. 26.
Agenda Briefing
Resolution R-00-1697
Page 3
Recommendation:
Denial of Resolution R-00-1697
Attachments
^ Exhibit #1 -Applicant's Variance Request Letter
^ Exhibit #2 -Property Owner's Permission Letter
^ Exhibit #3 -Location Map
^ Exhibit #4 -Site Plan
^ Exhibit #5 -Sign Drawing
^ Sign Board of Appeals Minutes
Exhibit #1
Applicant's Variance Rectuest
KaN
DEVELDPMENT
CORPDRATION
Planned Living Environments
Mr. Barry LeBaron, A.I.C.P. July 14, 2000
Community Development Manager
City of Colleyville
5400 Bransford Road Re: The Sapphire Enclave
Colleyville, Texas 76034 Off Premises Sign
Dear Barry,
Please accept this as my request for urgent consideration, by the
Colleyville Sign Board of Adjustment, regarding my application to
install an Off Premises Siqn directing the public to my property.
I understand this meeting can be arranged in a matter of days. I am
finishing the City's work and almost ready to pave the streets. Time
is of the essence and I need a sign large enough to be read, as people
pass on Highway 26. A 6 Sq.Ft, sign would hardly be visible. I have
written permission from the property owner and this location is the
only one available with any reasonable proximity to my property. The
sign would be located at the Southeast corner of the Total Enterprises
property at 6804 Colleyville Blvd., right next door to the Colleyville
Area Chamber of Commerce property.
My original application was filed 6/30 and I found out it had been
denied on 7/10. This sign is double sided and has been made at a cost
of $ 1,800. I understand the City ordinance precludes off premises
signs of this size; However, my property has no major thoroughfare on
either side and I think I should be afforded some substantial signage
on Highway 26~to distinguish my property from the Monterra Addition.
This project involves substantial City funded utility improvements and
the 32 homes to be constructed will have a taxable value of something
over $ 20 million. I need the City's help in this matter. It is my
opinion that the circumstances reasonably and fairly justify a modified
application; Therefore, I hereby respectfully request of the Sign
Board of Adjustment and/or the City Council to please grant such an
appropriate variance to the ordinance so as to allow me to install this
sign on Highway 26. Thank You.
Yours Very Truly,
cc: Mr. Bob Stripling ~~(~ ~
~~' I~ ~~! V F .
John L. Hawkins, President
Exhibit #2
Property Owner's Permission
.. ~O~
DE VELQPt1riENT
CflRPORATtON
Planned Living Environments
Total Enterprises, Inc.
Mr. Hee-Bok Jung, Ph.D., Vice Pres.
6804 Colheyville Blvd.
Colleyville, Tx. 76034
Dear Sir,
June 29, 2000
Re: The Sapphire Enclave
Entrance Signage
I appreciate your consideration to allow me to install a sign at the
most Easterly corner of your property at Hwy. 26. The attached print
shows the context of that sign. The purpose is to direct prospective
lot buyers to our property off of Hwy. 26'and through Monterra.
The sign would actually be on your oommon property line with Monterra.
As the legal representative of the property owner, if you have no
objection to my installing this-sign, where agreed, please sign below.
I will give the City of Colleyville a copy of this letter, which will
allow me to get my off premises sign permit.
Your property corner is the only available location. I am~very
appreciative of your kindness. Thank You.
Total Enterprises, Inc.
~- , ,
Hee-Bok Jung, Ph.D.,
Vice President
Yours Very Truly,
r
John L. Hawkins, President
Exhibit #3
Location Map
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Exhibit #4
Site Plan
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~ COLLEYY/LLE S/GN BOARD OFAPPEALS
Tezas
Minutes of Meeting -July 24, 2000
D-R-A-F-T
Jack Martin called the meeting to order and noted the following persons present:
Members: David Pencsak, Elsie Gunter and Jack Martin
Staff Present: Barry LeBaron, Com. Dev. Mgr. ,Tom Niederauer, Senior Planner
(Note: There being three of four members present for the meeting, the members
determined that this waslis a quorum and proceeded with the meeting as noticed)
Agenda Item # 1 - Elect a Chairman. Elsie Gunter nominated Jack Martin as chair, seconded
by David Pencsak. Being the chair, Martin called the roll of those present.
As~enda Item # 2 -Approval of Minutes. Minutes of the March 23ro meeting were read. Elsie
Gunter moved approval, seconded by David Pencsak and unanimously approved.
Agenda Item # 3 - G-00-012 -Rischon Development Corp. The only case for consideration
by the Sign Board of Appeals was a request by John Hawkins representing Rischon
Development Corporation. His request was for a variance from Chapter Seven (Sign
Regulations) of the Colleyville Land Development Code. In particular Sec. 7.7F "Prohibition of
Temporary, Off Premise Signs".
Mr. Hawkins requested that he be permitted to place a sign advertising the "Sapphire Enclave°
on Colleyville Blvd. This is a developing residential subdivision without frontage on any major
street and no opportunity to direct traffic to the development. The 32 square foot sign would be
placed at 6804 Colleyville Blvd., adjacent to the Monterra Subdivision and direct traffic to
Tennison Parkway which leads to the Sapphire Enclave development. This would be a variance
from the Sign Regulations since temporary, off-premise "Development" signs of this size are not
permitted. Barry LeBaron, Community Dev. Mgr. explained that because of recent requests
from other residential developers, the staff is in the process of preparing an amendment to the
Sign Regulations to permit this type of sign. Elsie Gunter asked the applicant about how much
time would he need to keep the sign up? The applicant stated that he would prefer one year.
He explained that they are now paving the streets and expect building activity to begin within
three months. Chairman Martin asked who would be responsible for removing the sign at the
end of the time period? The applicant stated that he would do that.
A motion was made by Elsie Gunter to approve the variance request to permit the sign to be
erected for a one year period of time beginning August 3ro (after City Council action) according
to the location shown on the site map, and that removal would be at the expense of the
applicant. David Pencsak seconded the motion, and there was a unanimous vote to approve.
Agenda Item # 4 -- Adjournment. Jack Martin moved to adjourn the meeting, seconded by
David Pencsak and approved unanimously. The meeting adjourned at approximately 7:40 p.m.
Minutes prepared by: Tom Niederauer, AICP, Senior Planner, Community Development
RESOLUTION R-00-1697
APPROVING THE RECOMMENDATION OF THE SIGN BOARD OF APPEALS TO
AUTHORIZE A VARIANCE FROM SECTION 7.7.E -LIMITATIONS ON TEMPORARY,
ON-PREMISES SIGNS OF THE LAND DEVELOPMENT CODE REGARDING A
DEVELOPMENT SIGN AT 6804 STATE HIGHWAY 26
WHEREAS, Mr. John Hawkins, has requested a variance from Chapter 7 -Sign
Regulations of the Land Development Code to allow an off-premises
Development Sign at 6804 State Highway 26; and
WHEREAS, the Sign Board of Appeals has recommended approval of Mr. Hawkin's
variance request with certain conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT Mr. John Hawkins may erect a Development Sign for the Sapphire
Enclave Subdivision at property located at 6804 State Highway 26 with the
following conditions:
(1) that the time limit for the permit be valid for one year,
(2) that the sign be removed at the end of the one year time limit, and
(3) that the sign be allowed to encroach beyond the 30 foot set back
requirement along S. H. 26.
AND IT IS SO RESOLVED.
Passed by a vote of ayes and
day of , 2000.
nays and abstentions on this the
ATTEST:
Jean Harris, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE:
Donna Arp
Mayor
CITY COUNCIL
Can' of
~~
>«,>
AGENDA BRIEFING
For mt .: 08!02/00 CMO Approval:
Item #
16
Ordinance # : 0-00-1225
Previous Action: Tabled
DEPT.: COMMUNITY DEVELOPMENT
SUBJECT : A zoning change requested by Kipp Whitman to
rezone a 6.335 acre parcel of land at the corner of
Precinct Line Road and Lavaca Trail. The request
is to rezone from R40 to PUD-C and includes a
Special Use Permit request for both on-premise
and off-premise alcohol consumption.
Second Reading and Public Hearing
Update
At its meeting of July 18th, the City Council tabled action on this rezoning request to allow staff to
draft an alternate ordinance that contains much more specific language than the original
proposed ordinance. There was considerable discussion at the July 18th meeting regarding the
proposed uses for the multiple tracts on the subject property. It was clear that many Council
members wanted more specific regulation of retail type businesses. The attached alternate
ordinance excludes gasoline sales but allows those uses within the CC1 district, which have
been identified as primarily generating retail sales taxes. The alternate ordinance also includes
very specific language regarding the exterior design of the buildings within this PUD.
First Reading and Public Hearing
Background
Kipp Whitman has applied for a zoning district change on a 6.335-acre parcel of land located on
the southeast corner of Precinct Line Road and Lavaca Trail. He proposes a zoning change
from R40 Single Family Residential to PUD-C Planned Unit Development Commercial.
(continued)
~Iirrrc.tJ G~c~
CITY MANAGER
~ R~~
DEPA T NT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1225
Page 2
Land Use. The information submitted by the applicant proposes retail and office uses. The
only use specifically listed is a convenience store with gasoline sales. Economic development
goals for the City of Colteyville are focused on bringing in sales tax producing businesses and
distinct retailers to the City. It is the opinion of the DRC that convenience stores do not fall
within that goal, and recommends that the uses allowed in this PUD-C be restricted to those
uses allowed in the CC1 Village Retail zoning district, which would allow retail, restaurant and
office uses. The applicant requests approval of the convenience store w/gasoline sales and
uses permitted in the CC1 and CC2 zoning districts as allowed uses in the PUD-C.
Building Design. The DRC recommends, and the applicant has proposed, that the building
design score for this development be consistent with the CC1 Village Retail zoning district
standards. The DRC also recommends that if the convenience store with gasoline sales is
included as an allowed use in this PUD-C, that the canopy include a pitched roof and the
columns be constructed of brick, stone or stucco to match the building.
Screening. This property abuts a residentially zoned area on the south. The applicant
originally proposed to screen this area with a wooden fence. The DRC felt that this type of
screening was not compatible with the type of uses proposed (luxury offices). The DRC
recommended to the applicant to consider a softer type of screening, such as a combination of
wrought iron fencing, landscaping and berms, contained within the required 20-foot landscaped
buffer. However, the property to the south is planned for commercial development in the future,
and if the property to the south were eventually rezoned, a screening fence and landscape
buffer would not be required. Under the current zoning status, a screening fence is required.
The applicant has now proposed to provide a photinia hedge along the property line and
requests the Commission approve a 20-foot building line with the proposed screening, and grant
a waiver of the landscape buffer requirement.
Access to Lots. Included with this request is a preliminary plat of the property. Lots 5-8 on the
plat do not front on a public street. The Subdivision Regulations require all lots to have frontage
on a public street. The Regulations also provide that non-residential lots may have access from
a public access easement~re lane instead of a street if approved by the Commission and
Council. The applicant has proposed a joint access easement along the property lines to
provide access to the lots without frontage.
Lavaca Trail. The portion of Lavaca Trail abutting this development is classified as a Major
Collector on the Thoroughfare Plan. This section of the roadway is a 4-lane undivided street,
with aright-of-way width of 80 feet. The applicant has shown a 10-foot right-of-way dedication
along Lavaca Trail.
Building Lines. The PUD-C district requires a 40-foot building line adjacent to street side
property lines. The applicant requests approval of a 20-foot setback line along Lavaca Trail as
part of this PUD-C.
Agenda Briefing
Ordinance 0-00-1225
Page 3
Preliminary Plat The PUD-C zoning request includes a preliminary plat, as required by the
zoning regulations. The plat has been revised to meet the technical requirements of the
subdivision and zoning regulations.
Preliminary Drainage Study. The Land Development Code requires the submittal of a
preliminary drainage study with each preliminary plat application. The purpose of the study is to
determine the need for drainage facilities andlor easements within the development or off-site.
The study includes storm water runoff calculations from drainage areas that this property either
receives or releases. The applicant has requested that the detailed drainage study be
postponed until after the zoning is approved, which means it would be submitted with the final
plat application. A condition will be added to the PUD-C to require the submittal of a drainage
study with the final plat application.
Zoning Requirements. This property is subject to the regulations of the PUD-C ordinance and
all related sections of the Zoning Regulations. The property must comply with parking,
screening, landscaping, building design and site planning requirements. Other ordinances that
will affect this development include tree preservation, signs, and drainage. The property will
also be subject to the requirements of the actual approving PUD-C ordinance, including any
conditions imposed by the Planning ~ Zoning Commission or City Council.
In summary, the applicant is requesting the following items be included in the PUD-C:
1. Approval of the convenience store w/gasoline sales and uses permitted in the CC1 and CC2
zoning districts as allowed uses in the PUD-C.
2. A photinia hedge along the southern property line and approval of a 20-foot building line with
the proposed screening in lieu of the landscape buffer requirement.
3. Approval of a 20-foot setback line along Lavaca Trail.
4. Approval of a joint access easement in lieu of Lots 5-8 providing frontage on a public street.
5. Allow the submittal of a drainage study with the final plat application.
IMPACT ISSUES
Master Plan. This proposal is compatible with the Colleyville Master Plan adopted in 1998.
The area has been designated as development potential for retail commercial and office
uses.
2. Surrounding Properties. Single-family homes are located along Lavaca Trail, with a few
on Precinct Line Road. Much of the property adjacent to Precinct Line Road is vacant.
Agenda Briefing
Ordinance 0-00-1225
Page 4
3. Development Trends. The development trends in this area encourage the development of
non-residential uses such as retail, commercial and office uses, as suggested in the
Colleyville Master Plan. The immediate area is experiencing moderate development of
residential uses to the east. However, the southern area of Precinct Line Road is beginning
to develop with non-residential uses. Bear Valley Community Church recently completed
construction near L.D. Lockett Road, and aTexaco/Pizza Inn store will soon be under
construction in the same area.
4. Infrastructure. The developer will have to provide all utilities for this area. Since the
property will have to be platted, additional right-of--way will be dedicated for Lavaca Trail.
5. Current Zoning Suitability. The area is currently zoned R40. The zoning request is
compatible with the Master Plan.
6. Economic Development. Upgrading this undeveloped property for use as commercial
property will have an immediate positive impact on the surrounding area.
7. Trail System Plan. Sidewalks along Precinct Line Road must conform to the provisions of
the Colleyville Pathways Plan for hike and bike trails. The Pathways Plan requires a 10-foot
wide trail along Precinct Line Road. Sidewalks along Lavaca Trail must be 5-feet in width.
The Planning & Zoning Commission conducted a public hearing and considered this zoning
change request at its April 24, 2000 meeting and by a unanimous vote recommended approval,
subject to the following six conditions:
1. The uses allowed in the PUD-C be restricted to the CC-1 Village Retail district.
2. The convenience store with gasoline sales, if approved as an allowed use in this
PUD-C, shall provide a canopy that includes a pitched roof and columns that are
constructed of brick, stone or stucco to match the building.
3. A photinia hedge along the southern property line and approval of a 20-foot building
line with the proposed screening in lieu of the landscape buffer requirement.
4. Approval of a 20-foot setback line along Lavaca Trail.
5. Approval of a joint access easement in lieu of Lots 5-8 providing frontage on a public
street.
6. Allow the submittal of a drainage study with the final plat application.
Agenda Briefing
Ordinance 0-00-1225
Page 5
Summary and Conclusion
Staff is very concerned that convenience stores and gas stations will take the prime corners
along Precinct Line Road and is opposed to the applicant's proposal as requested. However,
staff could support this PUD-C if the uses were limited only to CC1 uses.
Recommendation
Denial of Ordinance 0-00-1225.
Attachments
^ Proposed Ordinance # 0-00-1225
^ Location Map (Ordinance "Exhibit A")
^ Metes and bounds description (see Ordinance "Exhibit B")
^ Zoning Exhibit site map with conceptual layout of eight lots (Ordinance "Exhibit C")
^ Alternate Ordinance # 0-00-1225 (no exhibits)
^ Planning & Zoning Commission Minutes
• A Preliminary Plat
^ Letter from Applicant and Statement of Planning Objectives
^ Development Review Committee (DRC) comments
^ Applicant's response to DRC
^ List of Property Owners Within 200'
PB~Z MINUTES OF 6112100
1. PUBLIC HEARING - A Zoning Change from R40 to PUD-C, requested by Kipp
Whitman, 6.335 acres located at the southeast corner of Lavaca Trail and Precinct
Line Road. Case Z-00-037
Clayton Husband presented the case to the Commission.
Doug Henderson, 3602 Lake Champlain, Arlington, Texas, was present to represent the
case. He said that the project will be a village retail development and they can accept
conditions 3, 4, 5, and 6 of staffs recommendation, but conditions 1, and 2 present
problems. He said that CC2 was intended for parcels larger than 5 acres and this
parcel meets the intent. He said that he is recommending a 30 point design score
requirement in lieu of other requirements. He said that the design points will be in
keeping with previous requests and they know that the project must look nice to sell the
rest of the site.
Chairman Hart opened the public hearing. There being no one present wishing to
speak, the public hearing was closed.
Kipp Whitman was also present to represent the case. He said that CC-2 offers him
more flexibility to market the project. Questions were raised about the kinds ~
businesses he plans. He responded that there will be offices to the back and that will
attract restaurants to the front.
Discussion ensued about the design standards and Mr. Whitman said that he will tie the
canopy design to the design of the building and not permit a flat surface canopy.
The Planning & Zoning Commission conducted a public hearing and considered this
zoning change request at its June 12, 2000 meeting and including the conditions listed
below, recommended approval by a unanimous vote.
Commissioner Collins moved to recommend approval of the zoning change
request with the following conditions:
1) The uses allowed in the PUD-C will require a design score of 35 points
2) The convenience store with gasoline sales shall provide a canopy that is non
flat and is constructed out of brick, stone, or stucco to match the design
standards of the main building and will have recessed lights with no horizontal
glare;
3) A photinia hedge along the southern property line and approval of a 20'foot
building line with the proposed screening in lieu of the landscape buffer
requirement;
4) Approval of a 20-foot setback line along Lavaca Trail;
5) Approval of a joint access easement in lieu of Lots 4-8 providing frontage on ~.
public street; and
6) Allow the submittal of a drainage study with the final plat application.
Commissioner Rutherford seconded the motion. The vote being:
Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart
Noes: None
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Strategic Resources Group
Urban Design Economic Development Strategic Planning
Doug Henderson, AICP 3602 Lake Champlain Drive A-tingtor, TX 76016 (817) 798-7006
Mr. Clayton Husband, AICP
Development Coordinator
City of Colleyville
5400 Bransford
Colleyville, TX 76034
June 7, 2000 . ~ ~ ~ -
., .__ ...
~;
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tale- 'f, i ~;~, .. ^r.
Re: Re-submission of Z-00-037, Lavaca Trail PUD-C
Dear Clayton:
Please accept our re-submitted Zoning Exhibit for the Lavaca Trail PUD-C. It is our
understanding that this development is scheduled for review by the Planning and Zoning
Commission on Monday, June 12. Our response to DRC comments is as follows:
General
1. Noted
2. Average taxable sales for typical convenience stores in this area are very good.
However, because of the heavy landscaping requirements of the Western Gateway
Plan, this convenience store will be one of the most attractive sites in Colleyville.
Certainly it is well above typical standards for other Northeast Tarrant communities.
The applicant believes that the high standards will attract above average levels of
tax dollars, not just to the convenience store but to adjacent sites, as well.
Zoning Exhibit
1. A 30 foot joint access easement running ftom Lavaca trail to the southern edge of
the development has been included on the Preliminary Plat to coincide with the
location of the proposed parking area.
2. Architectural elevations have not yet been prepared. The applicant has proposed
a 30 point minimum design score for buildings in this development.
3. Although adjacent properties are planned for retail, office or other non residential
uses, the plan now reflects a planted buffer of Red Tip Photenias along the south.
A 20 foot building setback is acceptable, but there is no precedent fora 20 foot
landscaped buffer adjacent to transitional properties. A 40 foot buffer is being
observed on Precinct Line, and a large set is necessary in the rear because of
Flood Plain. A 20 foot landscaped buffer on the south would significantly reduce
the viability of the project.
4. The plan has been amended to reflect a phasing of the lake construction.
5. Except for the restricted alcohol sales, as proposed in the applicant's list of
conditions and gasoline sales restricted to the corner lot, there is no reason to
prohibit CC-2 uses for the remainder of this commercial property. Certainly, all
proposed uses are compatible with the approved Land Use Plan.
6. This is a new road, designed for an urban setting but with adequate width for
property access. Additional acceleration and deceleration lanes, making the
ultimate cross section of the road 9 lanes, or 108 feet, curb -to-curb, would indicates
a different purpose and speed for this road. It is not likely, that the City of North
Richland Hills would want to increase the design speed for the road. Further,
adding additional lanes would exceed the requirements of the Thoroughfare Plan.
T. The applicant would be happy to work with the City of Colleyville in the ultimate
design of the convenience store. However, declaring a particular look for one lot
in the development, before the completion of architectural studies, could limit the
design potential for the entire project.
8. Noted.
9. A Red Tip Photenia Screen has been proposed for the south edge of the property.
10. Noted.
11. Noted.
12. Noted.
Preliminary Plat
1. The Ptat has been revised to include joint access easements.
2. A 10 foot dedication has been shown.
3. The set back along Lavaca Trail has been amended from 15 to 20 feet. This is
more than adequate for a side setback particularly with a 16 foot parkway behind
the curb of the future Lavaca Trail.
4. Additional easements have been added.
5. Noted and corrected.
6. Noted and corrected.
7. This project has been designed to accommodate both the old(unstudied) and new
(studied, 1999) flood plain. However, in light of the revelation that Staff will seek
denial of key elements of this project, the applicant humbly requests permission of
the Planning and Zoning Commission and the City Council to defer the expense of
regenerating a detailed drainage engineering study until such time that the Zoning
has been approved. Staff approval of such a study could be a condition of the
PUD.
Other information items 1 to 5 -Noted
Sincerely,
Doug Henderson, AICP
Crrr of CO~~rvILLE
COMMUNrTY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
pgTE May 26, 2000
FAX TO Kipp Whitm~~an~~ .;. Doug Henderson .;. Don Hickey
FAX NO (817) 540-x#80 .;. (817} 572-6227 .;. (817) 332-4665
FROM Clayton Husband, AICP, Development Coordinator
SUBJECT Z-00-037 R40 to PUD-C -Lavaca Trail
The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and
zoning change request submitted to this office on May 11, 2000. The following comments are for
your consideration.
GENERAL INFORMATION
1. If the zoning request were approved, the properly would be subject to the general provisions
of the PUD-C zoning district and any conditions imposed by the Planning & Zoning
Commission and City Council. Detailed review for compliance with the regulations will take
place during the platting and site plan/landscape plan phases of the project.
2. Economic development goals for Colleyville are focused on bringing in sales tax producing
businesses and retailers to the city. The proposed PUD-C includes a convenience store with
gasoline sales as a proposed use. The developer must provide a compelling reason to approve
this use at this location.
ZONING EXHIBIT DRAWING
Lots 5-8 do not front on a public street. The Subdivision Regulations require all lots to front
on a public street. The layout must be revised to meet this requirement.
2. Conceptual building elevations should be submitted.
3. A 20-foot landscaped buffer is required adjacent to the south property line since the adjacent
property is zoned residential. The landscape buffer must include evergreen plant materials
planted on 6-foot centers. The property is also subject to general landscaping requirements.
4. The site plan shows grading and detention azeas beyond the limits of the property. All
grading, drainage and detention areas must be maintained within the property boundary. Has
the developer contacted the adjacent property owner to discuss the proposed detention pond
on the adjacent property?
P.O. Box 185 - COLLEYVILLE, TEXAS 76034 - 8 1 7.577.7567
DEVELOPMENT REVIEW COMMITTEE
P-00-037 LAVACA TRAILS PUD1'
5. The DRC will recommend that the uses allowed in this PUD-C proposal be restricted to the
CCl Village Retail zoning district.
6. A deceleration/right-turn lane should be considered at the entrance to this property on Precinct
Line Road.
7. If the request for a convenience store with gasoline sales is approved, the DRC will
recommend that the building materials be restricted to brick, stone or stucco. The DRC will
also recommend that the canopy include a pitched roof and columns constructed of brick,
stone or stucco to match the building.
8. All buildings along the flood plain area constructed in this PUD-C must comply with the
requirements of the Flood Hazard Areas ordinance adopted by the city council.
9. The developer should consider a different type of screening device on the southern property
line. A wooden screening fence seems out of character for the type of development proposed
(luxury offices). Consider a combination of fences, dense landscaping, and berms.
10. All buildings over 6,000 square feet in floor area will require an automatic fire sprinkler
system.
11. A TxDOT Access Permit is required for all driveways and deceleration lanes on Precinct Lir
Road. The developer must submit a copy of the permit and TxDOT detail sheets to the City.
Contact Chuck Humphreys with TxDOT at (817) 370-6526 for permit requirements and
information.
12. Additional comments are noted on the marked-up print and zoning application.
PRELIMINARY PLAT DRAWING
1. Lots 5-8 do not front on a public street. The Subdivision Regulations require all lots to front
on a public street. The layout must be revised to meet this requirement.
2. The portion of Lavaca Trail adjacent to this property is classified as a Major Collector (4-
lanes, undivided roadway) on the Thoroughfare Plan. A Major Collector requires an ultimate
right-of--way width of 80 feet. The required right-of--way dedication along the frontage of the
property on Lavaca Trail is ten feet or 40-feet from the centerline of the existing right-of--way,
whichever is greater.
3. A 40-foot building line is required along Lavaca Trail. Revise the drawing accordingly.
4. Additional easements aze required. The easement locations and dimensions are shown on the
marked-up print.
5. The City approval block needs to be modified. The correct approval block is attached to the
marked-up print.
PAGE 2 OF 4
DEVELOPMENT REVIEW COMMITTEE
P-00-037 LAVACA TRAILS PUD-C
6. The owner's certificate needs to be revised. The correct wording is shown on the marked-up
print.
7. A preliminary drainage analysis must be provided with the next submittal. The analysis must
include a drainage area map and stormwater runoff calculations.
OTHER INFORMATION
1. The Subdivision Regulations require sidewallcs along all streets. Sidewalks along Precinct
Line Road must conform to the provisions of the Colleyville Pathways Plan for hike and bike
trails. The Pathways Plan requires a 10-foot wide trail along Precinct Line Road. The
developer is required to construct the trail as part of the public improvements for this property.
Sidewalks along Lavaca Trail must be 5-feet in width.
2. Perimeter street improvements are required for this property since Lavaca Trail is an
unimproved street. The developer is required to construct one-half of the street or provide an
equivalent amount of cash escrow for future improvement by the City. Perimeter street
improvements and/or equivalent escrow may be credited against roadway impact fees.
3. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new
structure on the lots. The Engineering Department will provide a formal assessment of impact
fees to the Building Inspection Department. The fees listed below are intended to provide
general information on the fees that could be assessed. The roadway impact fees aze currently
under review by the City and may change within the next 30-60 days.
ROADWAY $3,000 per acre for non-sales tax generating uses
WATER $2,936 fora 1-inch meter [fee dependent on water meter size]
SEWER $256 for a l -inch meter {fee dependent on water meter size]
4. Parkland dedication fees are assessed at the time of approval of the final plat. The fee for non-
residential uses is $800 per acre. An assessment of parkland dedication fees will be provided
to the Engineering Department, and all fees must be paid at the time of final acceptance of the
subdivision and/or before the plat is recorded with the County Clerks office.
A TxDOT Access Permit is required for all driveways and deceleration lanes on Precinct Line
Road. The developer must submit a copy of the permit and TxDOT detail sheets to the City.
Contact Chuck Humphreys with TxDOT at (817) 370-6526 for permit requirements and
information.
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission: Monday, June 12, 2000, 7:00 p.rn.
City Council: Wednesday, July 5 and Tuesday, July 18, 2000, 7:30 p.m.
PAGE 3 dF 4
DEVELOPMENT REVIEW COMMITTEE
P-00-037 LAVACA TRAILS PUD-''
RESUBMITTAL REQUIREMENTS
A marked-up print is available for pickup in the Community Development Department offices.
Once you have completed the changes to the drawing, please submit the following to our offices:
^ 22 folded copies of the revised Zoning Exhibit drawing
^ 22 folded copies of the revised Preliminary Plat drawing
^ one 8-1 /2" X 11 "reduced copy of the revised exhibits
^ preliminary drainage analysis
^ a written letter addressing each comment stating the comment has been addressed or offering
reasons why the requirement should be modified or waived
The revised plats may be submitted no later than Wednesday, June 7, 2000 in order to make the
scheduled hearings. Please call me if you have any questions.
C: CHOYCE MORROW, PE, ENGINEERING
CHRIS STEUBING, ENGINEERING
KEITH FISHER, ENGINEERING
RED BAILEY, FIRE DEPARTMENT
BOB YOUNGER, BUILDING INSPECTION
KELLY HOWELL, PUBLIC WORKS
MIKE SOAK, ECONOMIC DEVELOPMENT
DWNNE MCWE?HY, CITY MANAGER'S OFFICE
PAGE 4 OF 4
Urban Design
Doug Henderson, AICP
Strategic Resources Group
Economic Development Strategic Planning
3602 Lake Champlain Drive
Arlington, TX 76016 (817 798-7006
~- x
~ ~ ~ ~~
June 7, 2000
Mr. Clayton Husband, AICP
Development Coordinator
City of Colleyville
5400 Bransford
Colleyville, TX 76034
~CISY OF Ca!_LCY4~~~!
B'~' G~~F~1FIU~ITti' f's-_`,~f. ~.~ ~,::~~F~IT~
Re: Re-submission of Z-00-037, Lavaca Trail PUD-C
Dear Clayton:
Please accept our re-submitted Zoning Exhibit for the Lavaca Trail PUD-C. It is our
understanding that this development is scheduled for review by the Planning and Zoning
Commission on Monday, June 12. Our response to DRC comments is as follows:
General
1. Noted
2. Average taxable sales for typical convenience stores in this area are very good.
However, because of the heavy landscaping requirements of the Western Gateway
Plan, this convenience store will be one of the most attractive sites in Colleyville.
Certainly it is well above typical standards for other Northeast Tarrant communities.
The applicant believes that the high standards will attract above average levels of
tax dollars, not just to the convenience store but to adjacent sites, as well.
Zoning Exhibit
1. A 30 foot joint access easement running ftom Lavaca trail to the southern edge of
the development has been included on the Preliminary Plat to coincide with the
location of the proposed parking area. a~
2. Architectural elevations have not yet been prepared. The applicant has proposed
a 30 point minimum design score for buildings in this development.
Although adjacent properties are planned for retail, office or other non residential
uses, the plan now reflects a planted buffer of Red Tip Photenias along the south.
~,~~~» rz A 20 foot building setback. is acceptable, but there is no precedent fora 20 foot
F~_~ .,w s~ ~. ,~ ,r~ landscaped buffer adjacent to transitional properties. A 40 foot buffer is being
observed on Precinct Line, and a large set is necessary in the rear because of
Flood Plain. A 20 foot landscaped buffer on the south would significantly reduce
the viability of the project.
4. The plan has been amended to reflect a phasing of the lake construction.
5. Except for the restricted alcohol sales, as proposed in the applicant's list of
conditions and gasoline sales restricted to the corner lot, there is no reason to
Fm`s""` ``~` rohibit CC-2 uses for the remainder of this commercial roe Certainl all
p P P rtY• Y.
JUN ~ 7 2000
proposed uses are compatible with the approved Land Use Pfan.
6. This is a new road, designed for an urban setting but with adequate width for
property access. Additional acceleration and deceleration lanes, making the
ultimate cross section of the road 9 lanes, or 108 feet, curb -to-curb, would indicate
a different purpose and speed for this road. It is not likely, that the City of North
Richland Hills would want to increase the design speed for the road. Further,
adding additional lanes would exceed the requirements of the Thoroughfare Plan.
7. The applicant would be happy to work with the City of Colleyville in the ultimate
design of the convenience store. However, declaring a particular look for one lot
in the development, before the completion of architectural studies, could limit the
design potential for the entire project.
8. Noted.
N~ ;~ 9. A Red Tip Photenia Screen has been proposed for the south edge of the property.
~~~,.~ 10. Noted.
11. Noted.
12. Noted.
Preliminary Plat
h~~ 1. The Plat has been revised to include joint access easements.
2. A 10 foot dedication has been shown.
,
~~ 3. The set back along Lavaca Trail has been amended from 15 to 20 feet. This is
~
~
~A~~~-t~ more than adequate for a side setback particularly with a 16 foot parkway behind
the curb of the future Lavaca Trail.
4. Additional easements have been added.
5. Noted and corrected.
6. Noted and corrected.
7. This project has been designed to accommodate both the old unstudied) and new
(studied, 1999) flood plain. However, in light of the revelation that Staff will seek
denial of key elements of this project, the applicant humbly requests permission of
the Planning and Zoning Commission and the City Council to defer the expense of
regenerating a detailed drainage engineering study until such time that the Zoning
has been approved. Staff approval of such a study could be a condition of the
PUD.
Other information items 1 to 5 -Noted
Sincerely,
I ve{~ cd ~ ~i,~~ I -~; F~E.s
~rs~~
a~~E
Doug Henderson, AICP
The City of North Richland Hills William D. Souder Investments William D. Souder
c/o John Pitstick 305 Brookridge Ct. 305 Brookridge Cct.
P.O. Box 820609 Hurst, TX 76054 Hurst, TX 76054
N. Richland Hills, TX 76180
Daniel Lapier
305 W. Van Oaks Drive
Colleyvitle, TX 76034
Doyle McIntosh
8333 Thornhill Drive
N. Richland Hills, TX
Case Z-00-037
Bill Rippy
1757 Cynthia Lane
Hurst, TX 76054
Buddy & Linda Shipman
1016 Lavaca Trail
76180 Colleyville, TX 76034
State of Texas
P.O. Box 6868
Fort Worth, TX 76115
Lewis & Bonnie Martin
P.O. Box 14009
Forth Worth, TX 76117
According to the last published Tax Records dated 09-01-99, individuals who own property that
is within the 200' of the proposed zoning change request are listed above. I certify that the
parties listed above have been notified of the proposed zoning change request as
required by Section 211 the Local Government Code. (Notices dated: June 02, 2000)
Jan Levy
Planning 8~ Z Wing Assistant
ORDINANCE 0-00-1225
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 6.335 ACRES INCLUDING 5.419
ACRES OF TRACT 1J AND 0.919 ACRES TRACT 1H, BOTH OF ABSTRACT 1154
OF THE R.H. McEWING SURVEY, FROM THE R40 (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL)
DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING
PUBLICATION
WHEREAS, an application for a zoning change was filed by Doug Henderson for Kipp
Whitman on May 30, 2000, under Case No. Z-00-037; 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 zoninc
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, THER EFORE, 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 R40 (Single Family
Residential) district to the PUD-C (Planned Unit Development-
Commercial) district together with all site plans which are conceptual
in nature, supporting documents, and any conditions and restrictions
imposed and approved by the Council which are incorporated herein
Ordinance 0-00-1225
-~ Page 2 of 4
by reference including, but not limited to the conceptual site plan
(Exhibit C); and subject to the following conditions:
1. GENERAL
a. The purpose of this PUD-C is for the development of retail,
office and service type uses.
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended
by this ordinance.
c. The total building area per lot may be greater or less than
indicated on the conceptual site plan, but there will be a
maximum of 70,000 square feet permitted for the entire
development.
d. Parking spaces constructed within the entire development
will be open for use by all visitors. The overall ratio of
parking spaces to enclosed building floor area shall not be
less than one (1) space to 275 square feet of floor area.
2. PERMITTED USES
a. All commercial and office uses allowed in the CC1 Village
Retail and CC2 Shopping Center zoning districts will be
permitted.
b. Gasoline sales will be permitted in conjunction with a
convenience store only on Lot 3 of the "Zoning Exhibit" and
shall include a canopy that is not flat and is constructed of
brick, stone or stucco to match the building.
c. Alcoholic beverage sales for off-premise consumption in
conjunction with a convenience store shall be permitted only
on Lot 3 of the "Zoning Exhibit".
d. Alcoholic beverage sales for on-premise consumption as an
accessory use to a restaurant shall be permitted only on Lots
1 and 2 of the "Zoning Exhibit".
Ordinance 0-00-1225
Page 3 of 4
3. OPEN SPACE. LANDSCAPING 8~ SCREENING
a. A photinia hedge along the southern property line and
approval of a 20-foot building line with the proposed
screening in lieu of the landscape buffer requirement.
b. At no time shall the total square footage of open space for the
site fall below 25 percent of the square footage for each lot,
nor 30 percent of the total square footage of the entire site.
c. Each tract shall be landscaped in accordance with the
landscaping standards contained in the Colleyville Land
Development Code at the time a building permit is
requested.
4. ACCESS EASEMENTS AND SETBACKS
a. At final platting, a joint access easement will be provided for
Lots 5 - 8 in lieu of providing frontage on a public street.
b. At final platting, a 20-foot building setback line will be
provided along all tracts fronting Lavaca Trail.
c. There shall be a building and parking setback of not less
than 40 feet along the frontage of Precinct Line Road.
d. A maximum of two (2) access drives will be permitted along
the Precinct Line Road frontage. Spacing between such
drives will be a minimum of 150 feet, centerline to centerline.
5. OTHER
a. All buildings shall be designed to meet a minimum
architectural design score of 35 points, as contained in
Chapter 6 of the Land Development Code.
b. A drainage study will be submitted with the final plat
application.
Sec. 2. THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
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.
Ordinance 0-00-1225
Page 4 of 4
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 day of
2000.
The second reading and public hearing being conducted on the day of
2000.
ATTEST:
Jean Harris, CMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CITY OF COLLEYVILLE:
Donna Arp
Mayor
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EXHIBIT `A'
Ordinance 0-00-1225
___
DESCr<IPTION OF PROPOSED LA vACA TRAIL, BLOCK 2
Apart of the R.H. McEWING SURVEY, Abstract No. 1154, situated in the City of Colleyville Tarrant
County, Texas; and embracing all of the 5-418/1000 acres Tract described in the deed to Lavaca
Trait, LLP recorded in volume 13952, page 52 of the Deed Records of Tarrant County, Texas and all
of the 0-91711000 of an acre tract described in the deed to Lavaca Trail, LLP recorded in volume
14221, page 73 of the said Deed Records and described by metes and bounds as follows.
Beginning at a'fr" iron found for the northeast comer of the said 5-418/1000 acres Tract and the
- northwest comer of Lot 5 Block 1 LAVACA TRAIL ADDITION, an addition to the City of Cdleyville as
said Lot 5 appears upon the plat thereof recorded in volume 388-114, page 100 of the said Deed
Records and in the south right-of-wsy of Lavaca Trail (a 60' public right-o~way).
` Thence south 1 degn3es-50 minutes-east, along the east line of said 5-418/1000 acres Trod and the
west line of said Lot 5, a distance of 619-02/100 feet to a 1" pipe found for the southeast comer of
said 5-41811000 acres Tn~ct in the west line of said Lot 5 and the northeast corner of the 7-251/1000
acres Tract described in the deed to Vllllliam D. Souder Investments recorded in volume 8061, page
1452 of the said Deed Records.
Thence north 86 degrees-11 minutes-50 seconds west, along the south line of said 5-418!1000 acres
- Tract and the north line of said 7-251/1000 acres Tract, 232-78/100 feet to a '~" iron found for the
most southerly southwest comer of said 5-418/7000 acres Trail and the southeast comer of the
1-17/100 acres Trad described in the deed to William D. Souder recorded in volume 12685, page
_ 795 of the said Deed Records.
I
~ Thence north no degrees-27 minutes-09 seconds east, along the west line of said 5-418/1000 acres
Trad and the east line of said 1-171100 acres Trad 1 64-1 211 00 feet to a 1/2" iron found for the
southeast comer said 0-917/1000 acres trail
Thence north 88 degrees-56 minutes-22 seconds west, along the common line of said 0-91711000
acres tract and said 1-17!100 acres tract. 313-091100 feet to the southwest comer of said 0-91711000
acres trail in the east line of a 0-11111000 of an acre tract described in the deed to the State of Texas
recorded in volume 12045, page 1892 of the said Deed Records.
Thence north no degrees-31 minutes-09 seconds east, along the common Tine of said 0-917/1000
acres trail and said 0-111H 000 of an acre trail 127-09/100 feet to a 5/85" iron recorded for the
northwest comer of said 0-917/1000 of an acre tract, the northeast comer of said 0-11110000 acres
trail and the southwest corner of said 5-418N000 acres trail and the southeast comer of a
0-291/1000 of an acre tract described in the deed to the State of Texas recorded in volume 12016,
page 1036 of the said Deed Records.
Thence in the east right-of--way of Precinct Une Road (a variable width public right-of-way).
Thence north no degrees-31 minutes-09 seconds east, along the common line of said 5-418/1000
acres tract and said 0-291N000 of an acre Tract, 281-99N00 feet to a concrete right-of-way
monument found.
Thence north 32 degrees-36 minutes-41 seconds east, along the easterly right-of-way of said
Precinct Line Road, 47-03/100 feet to a concrete right-of--way monument found for the northerly
northwest corner of said 5-418/1000 acres tract in the south right-of--way of said Lavaca Trail.
Thence south 89 degrees-10 minutes-10 seconds east, along the north line of said 5-41811000 acres
Tract and the south right-of--way of said Lavaca Trail, 495-611100 feet to the place of beginning and
containing 6-335M000 acres.
The basis for bearings is the east fine of said 5-418/1000 acres Tract per deed call.
EXHIBIT `B'
Ordinance 0-00-1225
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EXHIBIT `C'
Ordinance 0-00-1225
ALTERNATE
ORDINANCE 0-00-1225
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY fi.335 ACRES INCLUDING 5.419
ACRES OF TRACT 1J AND 0.919 ACRES TRACT 1H, BOTH OF ABSTRACT 1154
OF THE R.H. McEWING SURVEY, FROM THE R40 (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL)
DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING
PUBLICATION
WHEREAS, an application for a zoning change was filed by Doug Henderson for Kipp
Whitman on May 30, 2000, under Case No. Z-00-037; 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 R40 (Single Family
Residential) district to the PUD-C (Planned Unit Development-
Commercial) district together with all site plans which are conceptual
in nature, supporting documents, and any conditions and restrictions
imposed and approved by the Council which are incorporated herein
(Alt.) Ordinance 0-00-1225
Page 2 of 4
by reference including, but not limited to the conceptual site plan
(Exhibit C); and subject to the following conditions:
1. GENERAL
a. The purpose of this PUD-C is for the development of retail,
office and service type uses.
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended
by this ordinance.
c. The total building area per lot may be greater or less than
indicated on the conceptual site plan, but there will be a
maximum of 70,000 square feet permitted for the entire
development.
d. Parking spaces constructed within the entire development
will be open for use by all visitors. The overall ratio of
parking spaces to enclosed building floor area shall not be
less than one (1) space to 275 square feet of floor area.
2. PERMITTED USES
a. All commercial and office uses allowed in the CC1 Village
Retail zoning district will be permitted except the following:
convenience store with gasoline sales; retail plumbing,
electrical 8 hardware without outside displav; hardware
with outside displav: second hand goods shop; medical
~ veterinary clinics; and day care /day nursery; and;
general sales except that mens, ladies and childrens
ready-to-wear clothing and shoes; shops for gifts and
cards: photo processing; frame shops; video and audio
tape rental: sporting goods; gourmet foods; athletic
footwear; linens and bathing items will be permitted.
~, . „
b. Alcoholic beverage sales for off-premise consumption in
conjunction with a convenience store shall be permitted only
on Lot 3 of the "Zoning Exhibit".
(Alt.) Ordinance 0-00-1225
Page 3 of 4
c. Alcoholic beverage sales for on-premise consumption as an
accessory use to a restaurant shall be permitted only on Lots
1 and 2 of the "Zoning Exhibit".
OPEN SPACE, LANDSCAPING 8c SCREENING
a. A photinia hedge along the southern property line and
approval of a 20-foot building line with the proposed
screening in lieu of the landscape buffer requirement.
b. At no time shall the total square footage of open space for
the site fall below 25 percent of the square footage for each
lot, nor 30 percent of the total square footage of the entire
site.
c. Each tract shall be landscaped in accordance with the
landscaping standards contained in the Colleyville Land
Development Code at the time a building permit is
requested.
4. ACCESS EASEMENTS AND SETBACKS
a. At final platting, a joint access easement will be provided for
Lots 5 - 8 in lieu of providing frontage on a public street.
b. At final platting, a 20-foot building setback line will be
provided along all tracts fronting Lavaca Trail.
c. There shall be a building and parking setback of not less
than 40 feet along the frontage of Precinct Line Road.
d. A maximum of two (2) access drives will be permitted along
the Precinct Line Road frontage. Spacing between such
drives will be a minimum of 150 feet, centerline to centerline.
5. OTHER
a. All buildings shall have a white limestone exterior surface
and be designed to meet a minimum architectural design
score of 35 points, as contained in Chapter 6 of the Land
Development Code.
b. A drainage study will be submitted with the final plat
application.
(Alt.) Ordinance 0-00-1225
Page 4 of 4
Sec. 2. THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
of the City of Colleyville 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. 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 day of ,
2000.
The second reading and public hearing being conducted on the day of
2000.
ATTEST:
Jean Harris, CMC
City Secretary
CITY OF COLLEYVILLE:
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CITY COUNCIL
~~~~~ of
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AGENDA BRIEFING
For mt .: 08/02/00 CMO Approval:
Item #
17
Resolution #
R-00-9682
Previous Action: Tabled
DEPT.
COMMUNITY DEVELOPMENT
SUBJECT
A Preliminary Plat of Glenwood Addition
requested by David Bagwell, 110 acres located on
the north side of McDonwell School Road.
Reading and Public Hearing
Update
Council tabled this preliminary plat at its July 18, 2000 meeting. During the meeting, it
was discovered that property not under contract by Mr. Bagwell was still included in the
plat boundary. The plat has been revised to remove this property. The development
was reduced in size by four lots due to this change. The property in question was not
included in the original zoning case for the Glenwood property.
Update 07/18/00
The applicant was not at the July 5, 2000 City Council meeting and the Council did not
take action on this item.
~~~~ trn~ Q~ (continued)
CITY MANAGER J
~ ~. I-- ,
DEP R ENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
R-00-1682
Page 2 of 4
Background
David Bagwell is the developer of a 110-acre parcel of land located on the north side of
McDonwell School Road, just west of McPherson Dairy. The developer submitted a
Preliminary Plat of the property for review and consideration by the City Council. The
plat will create 138 lots for constructing single family residences.
The following is an analysis of the major issues associated with this Preliminary Plat.
Zoning. The property is zoned PUD-R Planned Unit Development Residential,
approved by Ordinance 0-99-1153 on April 20, 1999. This district requires a
minimum lot size of 13,000 square feet, with an average lot size of 16,000 square
feet. The development provides a minimum lot size of 13,200 square feet, with
an average lot size of 17,349 square feet. The density of the development is
1.25 dwelling units per acre.
Transportation and Access. McDonwell School Road is a primary access point into
this property at the southern part of the development. John McCain Road also
serves as a primary access into the north part of the development. The owner is
required to dedicate additional right-of-way on McDonwell School Road and John
McCain Road on the final plat.
There is no direct street connection between McDonwell School Road and John
McCain Road through this development. However, an emergency access
connection between the areas is needed, and has been proposed between
Dupre Lane and Glenwood Boulevard along the trail easement. If used, this
connection must meet minimum access standards for fire and emergency
vehicles.
Though the ordinance regulating this property does not expressly prohibit a street
connection, the ordinance does give the Council full discretion over roadway
design and location.
School Location. The developer has proposed a location for a school to serve the
Keller ISD. The developer and school district are discussing the school site, and
the developer is not obligated by the PUD-R zoning ordinance to provide a
school site. Staff is concerned about the proposed location of the school site.
The school site is positioned at the north end of Glenwood Boulevard. All school
traffic will likely use this roadway each day for access to the school. The
developer prefers to leave the school site as shown on the plat.
Agenda Briefing
R-00-1682
Page 3 of 4
There is a similar school situation at Glenhope Elementary near Pool Road. Staff
is concerned about the mixing of school and residential traffic on Glenwood
Boulevard and the potential congestion on the street. Staff sent a copy of the
proposed plat to Keller ISD for their comments, and the District stated the
proposed street layout meets their needs for traffic circulation. An intersection at
Sara Spring Drive and McDonwell School Road has been proposed to provide
residential traffic an alternate way in and out of the development.
Engineering Construction Plans. Preliminary plans for the provision of water, sewer,
streets and drainage facilities were submitted and reviewed by the Engineering
Department. There are a number of significant issues that need to be resolved
related to drainage and a 16-inch water transmission line that cuts through the
property. These issues may be resolved as the project moves into the final
engineering stage.
Side Yard Setbacks. The minimum street side yard setback for corner lots is 30 feet.
Several lots show only 15 feet. The developer is requesting that the 15-foot
setback be allowed for the lots shown.
Cul de sac Right-of-Way. The minimum right-of-way width for a cul de sac is 56 feet,
and a 37-foot street section is required for all cul de sacs. The developer is
requesting that the rights-of--way shown on the plat be approved.
Staffs interpretation of the cul de sac right-of-way is consistent with the
requirements of the subdivision regulations. The subdivision regulations
distinguish between street and cul de sac rights-of--way, requiring additional right-
of-way for cul de sacs. Staffs opinion is that the extra right-of-way requirement
would only affect the north end of Sara Spring Lane. Chilton Drive, by definition
in the Glenwood PUD-R ordinance, is a single loaded street and may provide a
narrower right-of--way with an additional utility easement. Staff still recommends
the 56-foot right-of--way for the north portion of Sara Spring Lane, per the Fire
Chiefs comments at the Commission meetings regarding public safety and
emergency access.
As stated by the developer, both the Westmont and Oakbrook Hills
developments do allow 50-foot right-of-way for cul de sacs. Both developments
included a zoning exhibit for the subdivision, so those issues were known at the
time of zoning. The Glenwood PUD-R zoning case was approved without such
an exhibit, so this issue was not resolved at that time. The Glenwood PUD-R
ordinance also gives the Council "complete discretion over roadway design, lot
size, lot shape, building lines, set-back lines, open space and all other aspects of
Agenda Briefing
R-00-1682
Page 4 of 4
the plat..." per Section 2.a of Ordinance 0-99-1153. A copy of the entire
ordinance is attached for the Council's reference.
Pathways Plan. This property is subject to the provisions of the Colleyville Pathways
Plan. Two pathways affect this property. The developer has shown the location
for the proposed trail on the preliminary plan drawing. The developer is required
to construct the trail for each phase of the development.
Open Space. The PUD-R ordinance requires this property to dedicate 20% of the total
project area as open space. This property provides 19.54 acres (17.81 %) of
open space. The open space includes buffers and trails, but does not include the
park site shown on the east side of Glenwood Boulevard adjacent to McPherson
Park.
The developer has responded to all Development Review Committee comments. This
plat also requires approval by the City Council. Copies of all correspondence from the
developer are included with this briefing.
The Planning & Zoning Commission approved this final plat at its May 22, 2000 meeting
by a 6-1 vote (Fletcher opposed), subject to the following requirements:
• The 16-inch water transmission line issue be addressed with the Engineering
Department
^ Approval of the 15-foot side yard building lines on corner lots that have rear yards
backing to rear yards
^ Provide a street turn-around at the end of Glenwood Boulevard at the school
location
^ Approval of a 50-foot right-of-way for the cul de sac streets
Recommendation
Denial, due to technical non-compliance with the Land Development Code regarding
building lines and cul de sac right-of-way width.
Attachments
^ Location Map
^ P&Z Commission minutes (see paper copy)
^ Development Review Committee memo (see paper copy)
^ Developer correspondence (see paper copy)
^ Copy of Ordinance No. 0-99-1153
^ Plat (see paper copy)
Attachment 1: Location Map
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RESOLUTION R-00-1682
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF
GLENWOOD ADDITION
NOW., THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the preliminary plat of Glenwood Addition is hereby approved.
AND IT IS SO RESOLVED.
Passed by a vote of ayes,
of .2000.
nays and abstentions on this the
day
ATTEST:
Jean Harris, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE:
Donna Arp
Mayor
MINUTES OF THE
COLLEYVILLE ECONOMIC DEVELOPMENT
CORPORATION BOARD OF DIRECTORS MEETING
JULY 18, 2000
The meeting of the Colleyville Economic Development Corporation Board of Directors
was called to order by Director Donna Arp on July 18, 2000, at 6:10 p.m.
ROLL CALL: Directors Mike Taylor, Donna Arp, Ginny Tigue, Dana Feldman,
Gary Cantrell, Ron Adams, and Dennis Johnson were present.
General Manager Bob Stripling, Assistant City Manager Dianne
McWethy, and Secretary Jean Harris were also present.
CONSENT:
1. CONSIDERATION OF CONSENT RESOLUTION R-00-35- CONSENT ITEMS:
a. Approval of minutes of the Colleyville Economic Development Corporation
Board of Directors meeting held March 21, 2000
Director Arp opened the public hearing and read Resolution R-00-35 in its entirety.
There was no one present wishing to speak concerning this item and Director Arp closed
the public hearing.
Director Taylor moved to approve Resolution R-00-35.
Director Feldman seconded the motion.
Ayes: Directors Taylor, Arp, Tigue, Feldman, Cantrell, Adams, and Johnson
Nays: None
Director Arp declared the motion carried.
CEDC Minutes July 18, 2000
2. ELECTION OF OFFICERS
Director Johnson nominated Director Taylor as President of the Colleyville Economic
Development Board of Directors.
Director Cantrell seconded the nomination.
Director Feldman nominated Director Tigue as President of the Colleyville Economic
Development Board of Directors.
Director Tigue seconded the nomination.
There were no other nominations made.
Taylor -Directors Taylor, Arp, Tigue, Feldman, Cantrell, Adams, and Johnson
Tigue -None
Director Arp declared Director Taylor President of the Colleyville Economic Development
Board of Directors.
Director Tigue nominated Director Feldman as Vice President of the Colleyville Economic
Development Board of Directors.
Director Feldman seconded the nomination.
There were no other nominations made.
Feldman -Directors Taylor, Arp, Tigue, Feldman, Cantrell, Adams, and Johnson
Director Arp declared Director Feldman Vice President of the Colleyville Economic
Development Board of Directors.
PUBLIC HEARINGS:
3. READING AND PUBLIC HEARING -RESOLUTION R-00-36 - A Resolution
authorizing the expenditure of Colleyville Economic Development Corporation
(CEDC) funds in the amount of $453,000.00 for the purchase of the 11.47 acre
Pleasant Run practice site
President Taylor opened the public hearing and read Resolution R-00-36 in its entirety.
CEDC MINUTES JULY 18, 2000
There was no one present wishing to speak concerning this item and President Taylor
closed the public hearing.
Director Johnson moved to approve Resolution R-00-36.
Director Arp seconded the motion.
Director Adams advised that he would be abstaining from the vote since his law fine is
involved with the GCISD and the negotiations of this sale.
Ayes: Directors Taylor, Arp, Tigue, Feldman, Cantrell, and Johnson
Nays: None
Abstentions: Director Adams
President Taylor declared the motion carried.
4. READING AND PUBLIC HEARING -RESOLUTION R-00-37 -A Resolution ratifying
Corporate Board action for the meeting of July 18, 2000
President Taylor opened the public hearing and read Resolution R-00-37 in its entirety.
There was no one present wishing to speak concerning this item and President Taylor
closed the public hearing.
Director Tigue moved to approve Resolution R-00-37, approving the elections of Directors
Taylor and Feldman as President and Vice President of the Colleyville Economic
Development Board of Directors respectively.
Director Arp seconded the motion.
Ayes: Directors Taylor, Arp, Tigue, Feldman, Cantrell, Adams, and Johnson
Nays: None
President Taylor declared the motion carried.
5. ADJOURNMENT
There being no further business before the Colleyville Economic Development Corporation
Board of Directors, Director Johnson moved to adjourn.
CEDC MINUTES JULY 18, 2000
Director Cantrell seconded the motion.
Ayes: Directors Taylor, Arp, Tigue, Feldman, Cantrell, Adams, and Johnson
Nays: None
President Taylor declared the meeting adjourned at 6:15 p.m.
APPROVED THIS DAY OF , 2000, BY A VOTE OF
AYES, NAYS, AND ABSTENTIONS.
Minutes taken and prepared by:
Jean Harris, TRMC, CMC
Secretary
TRAFFIC SAFETY ADVISORY COMMITTEE
MINUTES -July 10, 2000
1. CALL TO ORDER. The meeting of the Traffic Safety Advisory
Committee was called to order by Chief John Young at 7:15 P.M.
in the Colleyville Community Center at 5300 Bluebonnet Rd. Those
present were:
Angela Davis
Eileen Flanagan
Richard Fairlamb
Frank Whitmire
Mike Taylor
John Young, Chief of Police
2. DISCUSSION ITEMS.
A. Introductions of City Council Liaison, Councilman Michael Taylor
B. Election of Skip McDonnell as Chairman of TSAC
C. Re-designation of Bogart Street as a two-way street
D. School Zones on Poole Road
E. Re-paint striping at intersections at Poole and Glade Road
F. Thompson Terrace/Glade Road re-alignment
G. Street sign/block number issue
3. FUTURE AGENDA ITEMS
A. Villages of Colleyville traffic flow
B. Traffic accident statistics
4. ADJOURNMENT
A. Meeting adjourned 8:40 P.M.
DRAFT
PARKS AND RECREATION ADVISORY BOARD
MINUTES
Monday July 17, 2000
7:00 p.m.
Chairman Rich Hendler called the meeting to order at 7:20 p.m. on Monday,
July 17, 2000 at the Parks and Recreation office.
ROLL CALL: Members: Chairman Rich Hendler, Councilman
Mike Taylor, Ken Crooks, Roger Nelson, Steve
Magee, Dan Witte, Vince Rosen and Karen Birkes
ABSENT: Joe Noorlag
STAFF: Dianne McWethy, Assistant City Manager, Monica
Sue Walsh, Parks and Recreation Manager, Craig
Dishman, Recreation Supervisor, Tim Hightshoe,
Parks Supervisor and Cynthia Singleton, Office
Assistant
1. Call to Order
2. Introduction of Councilman Mike Taylor as the City Council Liaison
to the Parks and Recreation Advisory Board
Chairman Rich Hendler welcomed and introduced Councilman Mike Taylor
as the City Council liaison to the Parks and Recreation Advisory Board.
3. Introduction of Tim Hightshoe as Parks Supervisor
Monica Sue Walsh welcomed and introduced Tim Hightshoe as Parks
Supervisor.
DR,4FT
Parks and Recreation Advisory Board
July 17, 2000
Page 2
4. Approval of the May 1, 2000 Minutes
Ken Crooks moved to approve the May 1, 2000 Minutes and Karen Birkes
seconded the motion. The vote was unanimous.
5. Presentation by Larry Schaapveld of the Forest Service Concerning
Tree Programs
Chairman Rich Hendler introduced Larry Schaapveld, Urban Forester of the
Texas Forest Service and thanked him for his assistance in implementing
Tree City USA and Arbor Day events in the City. Mr. Schaapveld presented
an overview of the Forest Service and their tree care programs.
6. Discussion and Consideration for Eagle Scout Program
David Smith, Eagle Scout, Troop 344 presented a plan to renovate the
amphitheater at the Colleyville Nature Center. David proposed to repair
and seal the bench logs, install permanent flagpole stands and repair and
clean the sandstone and concrete areas.
Roger Nelson moved and Ken Crooks seconded the motion to approve the
Eagle Scout project as developed by David Smith. The vote was
unanimous.
7. Update of the Kimzey Park Project
Dianne McWethy provided an update of the Kimzey Park Project and
reported that a public meeting will be held July 26 at 5:30 p.m. at Kimzey
Park to provide an opportunity for citizens to view the plans and ask
questions.
DRAr~i
Parks and Recreation Advisory Board
July 17, 2000
Page 3
8. Discussion and Consideration of Newman, Jackson, Bieberstein
Proposal for Bransford Park
Steve Magee moved to approve the proposal for Bransford Park as
submitted by Newman, Jackson, Bieberstein, Inc. ,Dan Witte seconded the
motion and the vote was unanimous. Steve Magee suggested that Item VI,
Ownership and Use of Documents of the Agreement Between Landscape
Architect and Client wording be changed to allow the City use of the
documents as deemed appropriate and necessary to complete the project.
9. Discussion and Consideration for Redirecting Voluntary Park Fund
Monies
Dan Witte moved and Ken Crooks seconded the motion to transfer
designated Voluntary Park monies to the Voluntary Park Fund general
fund. The vote was unanimous.
10. Discussion and Consideration of Replacing Ordinance 0-93-906,
Amending Chapter 66, Article II, PUBLIC PARKS of the Colleyville
Code
Roger Nelson moved that Ordinance 0-93-906, Amending Chapter 66,
Article II, PUBLIC PARKS of the Colleyville Code be amended to read No
person shall possess or consume any alcoholic beverages, including,
without limitations, liquor, wine or beer, within a public park. Steve Magee
seconded the motion and the vote was as follows:
Ayes: Roger Nelson, Steve Magee, Karen Birkes, Ken Crooks,
Abstain: Dan Witte
Chairman Rich Hendler declared the motion carried.
~~
Parks and Recreation Advisory Board
July 17, 2000
Page 4
11. Recreation, Athletics, Tennis and Seniors' Report
Craig Dishman, Recreation Supervisor, provided an overview of the current
and proposed recreation programs and activities available to the citizens of
Colleyville and the surrounding areas.
12. Park Operations and Capital Improvement Status Report
Monica Sue Walsh, Parks and Recreation Manager presented a status
report of current projects.
13. Other Information Items
The August Parks and Recreation Advisory Board meeting was changed
from August 7 to August 14.
14. Adjournment
Dan Witte moved to adjourn at 9:20 p.m. and Steve Magee seconded the
motion and the vote was unanimous.
DRAFT
COLLEYVILLE TREE BOARD
MINUTES
July 17, 2000
6:00 p.m.
Chair Rich Hendler called the meeting to order at 6:05 p.m. on Monday, July
17, 2000 at the Parks and Recreation office.
ROLL CALL: Members: Chair Rich Hendler, Dan
Witte, and David Bagwell
Absent: Doug Rivers and Donna Kauffman
Staff: Monica Sue Walsh, Parks and
Recreation Manager, Barry LeBaron,
Community Development Manager,
and Tom Niederauer, Senior Planner,
Tim Hightshoe, Parks Supervisor and
Cynthia Singleton, Office Assistant
1. Call to Order
2. Introduction of Councilman Ginny Tigue as the City Council Liaison
to the Tree Board
Councilman Ginny Tigue was not present.
3. Introduction of Tim Hightshoe as Parks Supervisor
Monica Sue Walsh welcomed and introduced Tim Hightshoe as Parks
Supervisor.
4. Approval of the April 3, 2000 Minutes
Dan Witte moved and David Bagwell seconded the motion to approve the
April 3, 2000 Tree Board Minutes. The vote was unanimous.
DRAFT
Tree Board Minutes July 17, 2000
5. Presentation by Larry Schaapveld of the Forest Service Concerning
Tree Programs
Chairman Rich Hendler introduced Larry Schaapveld, Urban Forester of the
Texas Forest Service and thanked him for his assistance in implementing
Tree City USA and Arbor Day events in the City. Mr. Schaapveld presented
an overview of the Forest Service and their tree care programs.
6. Overview of Colleyville Tree Mitigation Program
Barry LeBaron, Community Development Manager and Tom Niederauer,
Senior Planner presented an overview of the Tree Mitigation Program and
Fund.
7. Discussion of Proposal to Donate Landscape Trees by David Bagwell
Monica Sue Walsh, Parks and Recreation Manager reviewed Mr. Bagwell's
proposal to donate three trees to replace those that died in City Park.
Mr. Bagwell discussed a plan for specimen tree planting within the City and
offered to donate educational materials dealing with tree care and growth.
8. Citizen Comments/Presentations Regarding Items Not on the
Agenda*
9. Other Informational Items
10. Adjournment
Dan Witte moved to adjourn at 7:15 p.m., David Bagwell seconded the
motion and the vote was unanimous.
Zoning Board of Adjustment
Minutes -July 11, 2000
Page 1 of 2 -DRAFT COPY ~1 (07/19/00)
The regular meeting of the Zoning Board of Adjustment was called to order by Vice-President
McNosky at 7:03 p.m. on July 11, 2000.
Roll Call: Present: Teresa Rutherford, Sara Lester, Dee McNosky, Jeny
Birkes, Steve Magee
Absent: Larry Henry
Staff: Barry LeBaron, Jan Levy
Approval of Minutes: May 23, 2000
Jerry Birkes moved to approve the minutes as submitted. Steve Magee seconded the
motion. The vote being:
Ayes: Rutherford, Lester, Birkes, Magee, McNosky
Noes: None
1. Election of Officers
Steve Magee nominated Dee McNosky to be elevated to Chairman. Teresa Rutherford
seconded the motion. There being no other nominations, the nominations were closed.
Vice Chairman McNosky called for a vote. The vote being:
Ayes: Rutherford, Lester, Birkes, Magee, McNosky
Noes: None
Chairman McNosky opened the nominations for Vice Chairman. Jerry Birkes nominated
- Steve Magee for Vice Chairman. Sara Lester seconded the nomination. There being no
other nominations, the nominations were closed. Chairman McNosky called for a vote.
The vote being:
Ayes: Rutherford, Lester, Birkes, Magee, McNosky
Noes: None
Chairman McNosky explained the procedures of the Zoning Board of Adjustment to the audience.
She asked the five voting members to identify themselves. The five voting members for the
meeting are: Rutherford, Lester, Birkes, Magee, and McNosky. Chairman McNosky outlined the
meeting format for the audience.
2. PUBLIC HEARING - A request from Dan Light, D'Lightful Homes, Inc. for a variance from
Section 3.26 -Fences Free Standing Walls, and Screening Material of the Land
Development Code - to provide for the construction of a 6' wood fence that would
encroach over a portion of the 30' building line on Lot 25, Block 1 Remington Park, Phase
II at 503 Mustang Court. Case A-00-002
Zoning Board of Adjustment
Minutes - Juty 11, 2000
Page 2 of 2 -DRAFT COPY #1 (07/19/00)
Chairman McNosky opened the public hearing.
Barry LeBaron presented the case to the Commission.
Those present wishing to speak were: Dan Light, the applicant. He told the Board about the stand,
of trees that exist on the lot and expressed the owner's wishes to save the trees by designing
pool to be located in the chosen area. He said that the pool equipment will need to be placed i. ~
a location facing the street and this presents a difficulty for screening it and securing it from theft.
He said that they are proposing off-sets in the fence to give it character and the neighbor doe
not object. Mr. Light said that the Homeowners' Association does not object.
Jerry Birkes, questioned the shaded areas on the drawing. Mr. Light told him that they wer
flower beds. He asked about the location of the patio. Mr. LeBaron said that he combined the
drawing of the detail of the house on the lot and the drawing of the pool was reduced tr
approximately the correct size to fit into the space indicated for the pool. Mr. Birkes said that the
drawing does not give them a complete picture of the variance request. Mr. Light indicated the
location of the patio in relationship to the trees and the pool.
Chairman McNosky asked the applicant if the construction of the pool will be far enough off the
drip line in order to ensure the safety of the trees. The builder responded that the owner is try~~
to save 3 to 4 trees. He said that one of the trees is pretty close to the pool. Mr. Light said t
the owner purchased the lot because he loved the trees.
Steve Magee said that he looked at the property and the pool equipment is plumed at the bacl.
side of the house toward the pool not toward the front of the lot. He said that the patio seems
large and the pool is 26' long which is a large pool. He said that within the area provided, the poc
could have been pushed back. Mr. Magee said that he is sympathetic to saving trees, but ~.
seems like the patio is pretty large, and with the 26' internal dimension for the pool, the pool itself
fits within the building line, it could be pushed back without impacting the trees. He said that whip
the lot has some irregularities to it, within the context of the plat, it is not really a strange shapes,
lot. He said that visually the fence built over the building line will create a very narrow area on the
lot. He said that he believes the owners could fit the pool within the setback lines and with some
redrawing, the issues could be worked out. He said that he thought the owners were trying to
move the pool equipment out into what is considered the front yard, because this is a corner, and
that is not appropriate. He said that he is having trouble supporting the request because the poc
can fit within the lot while still preserving the trees in a little different configuration. He said that
he is concerned that they will violate a front setback line on Mustang Court while there are stir'
other lots on the cul-de-sac not having homes built on them.
Mr. Light responded that the iot adjacent is being built on by the head of the Architectural Contrc
Committee for the subdivision. Mr. Light said that the owner called him to tell him that he wante~
an eight foot fence and was afraid that Mr. Light would build a six foot fence and then he we
have to double face the fence with an eight foot fence and he wanted to avoid that and work ~..
the problem in advance. Mr. Light said that they met and came up with the location of the eigh.
foot fence. He said that the reason they began the pool is because the owners are moving very
soon from California. Mr. Magee stated that the pool meets the setback requirements. Mr. Ligh
Zoning Board of Adjustment
Minutes -July 11, 2000
Page 3 of 2 -DRAFT COPY ~1 (07/19/00)
said that the customer has signed off on the pool plans and construction has begun so it is too
late to move the pool.
Chairman McNosky said that the real issue is the location of where the fence is proposed. She
asked the applicant if he could tell her the distance that the fence is over the building line. Mr.
Light responded by indicating on the overhead the location of the pool equipment and the distance
from the street. He said that the owner wanted to be able to access the pool equipment and
landscape the area. He said that the location of the fence on the side property line would be 31.5
feet from the curb.
Steve Magee asked Barry LeBaron if the applicant can put a fence in the front yard and if he was
- aware of where the fence is. Mr. LeBaron answered that there is an existing fence on the
common property line and he thought that it stopped at the building line when he inspected the
area. Mr. LeBaron said that the fence should stop at the building line unless a variance is
- approved for something beyond the building line.
Teresa Rutherford asked the applicant if it were necessary to place the fence and the location
coming off the dwelling rather than moving it back farther because the air conditioning equipment
is not placed where it is shown on the drawing. Mr. light responded that if the fence were moved
back to the next indention in the dwelling, the equipment would be outside the fence and
unscreened. Mr. Light said that if the air conditioning equipment is on the second indentation
rather than the first it is in the wrong position and will be moved. He said that the drawing is how
the equipment is supposed to be installed. Mr. Magee said that currently the pool is plumbed into
the northern most planter area and not at the side of the house and the air conditioning equipment
is where the pool equipment shows on the drawing. Mr. Light said that the equipment will be
moved and placed where it shows on the drawing. Ms. Rutherford said that she is concerned that
a wooden fence built over the building line will be aesthetically unappealing. Mr. Light said that
the developer, the homeowners' association, and the neighbor have reviewed the plans and given
approval. Mr. Light said that he is responsible for the encroachment of the other fence as he
wanted to screen the pool as quickly as possible for safety reasons and the neighbor's fence
company built the fence over the building line without malice. Mr. Light said that he is requesting
a variance for the whole plan to include the side fence and the front fence encroachment at 31.5
feet from the curb.
_ Jerry Birkes questioned the lack of dimensions on the plot plan. It was determined that the point
where the fence would attached to the dwelling is 21.5 feet from the curb. Chairman McNosky
restated that the variance is for 8.5 feet over the building line at the side fence and taper back to
- meet the building line where the pool equipment is located.
Steve Magee asked Mr. LeBaron if the builder moved the pool equipment to where it is showing
on the exhibit, would there be a way to screen it legally from the front, possibly with a low fence.
Mr. LeBaron said that anything over the building line would be illegal, it could be landscaped or
a 30" fence could be used.
Jerry Birkes asked about the location of the front door in relation to the building lines.
Zoning Board of Adjustment
Minutes -July 11, 2000
Page 4 of 2 -DRAFT COPY #1 (07/19/00)
Chairman McNosky said that she sees a strange situation where a house is situated not only ~..~
two flanking streets with two setbacks, but the cul-de-sac contours the lot and makes that setback
line unusual. She said that she admires the builder's and homeowners' efforts to preserve tl ;
trees because we do not have enough of them. She said that it would be in the best interest .,f
the neighborhood to make the pool equipment and the air conditioning equipment and the pool
itself placed in a private type setting with a fence and not shrubbery.
Teresa Rutherford asked if there was any reason why the equipment could not have a fence nat
encroaching a building line. Mr. Magee said that when he considered the variance request I ;
realized that when the equipment was moved to the location shown on the drawing, the fence
would be right up against the equipment 8~ decking and this limits their options. He said that hp
would not want his pool equipment outside the fence. Mr. Light told the Board that the owner, h .
Lamberth, had some of his pool equipment stolen at a previous home and he wanted the
equipment to not be accessible to the public. He said that Mr. Lamberth expressed that f"~
wanted a back yard like everyone else and did not want to lose the usable space in his back ya
because of the shape of the lot resulting from the cul-de-sac.
Teresa Rutherford asked Mr. Light if there could be room for the equipment if it were moved bai ;
one farther indention. Mr. Light said that the pool equipment would have to be moved behind the
home at the location of the master bedroom window as the air conditioning equipment cannc' `
moved. He said that air conditioning equipment cannot be moved because it adversely aft,
the efficiency.
Chairman McNosky asked the applicant if the cul-de-sac did not cut into the corner of the Ic.,
would he be asking for a variance. Mr. Light said that he would not need a variance if the cul-de-
sac did not cut into the corner of the tot.
Mr. Magee asked if the public hearing was closed.
Chairman McNosky closed the public hearing.
Steve Magee said that for the record, he appreciates what Mr. Light is doing and asking for. H
said that it makes it difficult for the board because the pool is going in the ground now. Mr. Magee
said that he is concerned that when they violate a front setback, and if you look at the overall pla+
this portion shows four cul-de-sacs with lots similar to Mr. Light's. He said that he is havin
trouble finding the unique circumstances as it is not unique in a cul-de-sac arrangement to have
lots like this. He said that he feels that there were reasonable alternatives and still believes th^*
some exist for installing the pool, preserving the trees, still finding a place to put all of th
equipment and then running the fence along the building line per the code requirements. He said
that those are his findings after considering the matter pretty carefully and having gone out to loc'
at the lot. He said that his only concern is that if someone violates a front setback on this cul-de
sac for this purpose, they have trouble setting a precedence and for those reasons, he has tro~
with the request.
Mr. Light requested to respond and Mr. Magee told him that the public hearing was closed and
those were just his comments and he wanted them to be entered into the record. He said that h
Zoning Board of Adjustment
Minutes -July 11, 2000
Page 5 of 2 -DRAFT COPY #1 (07/19/00)
has carefully considered the request and he understands the utility and what the property owners
are looking for, but he thinks that there are reasonable altematives. He said that is why he has
trouble supporting the request.
Jerry Birkes said that he really thought there were some altematives to satisfy everybody's needs,
but since the pool is already dug, he felt pushed into either granting the request or not granting
the request. He said that he didn't think there were altematives. He said that he has moved three
air conditioners four years ago to get them out of his pool area and they still work and are efficient.
He said that there are a lot of people who have air conditioners outside their fence and believes
that the units could be moved somewhere else on the lot, but they were not given that alternative.
He said that he really has trouble supporting the request, because what is good for Sally is good
for Sam and the fence juts out terribly. He said that he has trouble finding the hardship that is not
self created.
Chairman McNosky asked for a motion since there were no other comments. She asked again
if there was a motion. There being none, Chairman McNosky moved that the request for a
variance is approved. There being no second, the motion was not voted on. Chairman
McNosky informed the applicant that there being no second the Zoning Board of Adjustment has
decided to not take action and the applicant's request has failed.
Steve Magee asked Barry LeBaron how long Bob Van Til has been on the Zoning Board of
Adjustment. Mr. Magee said that he would strongly suggest that they prepare a plaque and award
it to him at the City Council meeting or a future Board meeting. He said that he would prefer a
City Council meeting with several of the Zoning Board of Adjustment members present. Mr.
Magee said that Bob spent a lot of time of this board and even though he does not know him very
well, Mr. Van Til represented the city well, knew what he was doing and worked hard and his
service needs to be recognized. Steve Magee moved that the City recognize departing
Chairman Van Til in an appropriate manner as determined by staff. Teresa Rutherford
seconded the motion. The vote was unanimous.
ADJOURNMENT:
There being no further business, the meeting adjourned at 8:50 p.m.
Respectfully Submitted,
Jan Levy
Planning & Zoning Assistant
Approved on:
jh/min/0711zba.min
RESOLUTION R-00-1691
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
AUGUST 2, 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 , 2000, BY A VOTE OF
AYES, NAYS, AND ABSTENTIONS.
ATTEST:
CITY OF COLLEYVILLE
Jean Harris, TRMC, CMC Donna Arp
City Secretary Mayor