HomeMy WebLinkAboutCity Council-Agenda Packets-11/21/2000G~tY of
Texas
AGENDA
CITY COUNCIL MEETING
5400 BRANSFORD ROAD
November 21, 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 -Village at Colleyville
Sec. 551.072 Property Acquisition -Colleyville City Hall
Sec. 551.072 Property Acquisition -Colleyville Public Library
Sec. 551.072 Property Acquisition -Ground Storage Water Pumping
Facility .
Sec. 551.074 - Personnel -City Manager Executive Search
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.
7:30 P.M. -RESUME REGULAR MEETING
INVOCATION: Pastor David Rose, First Assembly of God
PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
Presentation by Richard Spraberry, T Executive Committee member and Tony Johnson,
T Assistant General Manager to the City Council in honor of their support of the Trinity
Railway Express Project
CONSENT:
3. READING AND PUBLIC HEARING -Resolution R-00-1732 -Consent Items:
a. Approval of minutes of the regular City Council meeting of November 8,
2000
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1254 -
Approval of a City/Developer Agreement with Foxcreek Residential Development
LTD for Phase III of Remington Park
5. SECOND READING AND PUBLIC HEARING -Ordinance 0-00-1255 - A
zoning change requested by Doug Henderson representing Kipp Whitman,
Lavaca Trail, LLC, from R40 to PUD-C (planned unit development-commercial)
on 6.335 acres located at the southeast corner of Lavaca Trail and Precinct Line
Road, Case Z-00-070
6. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1256 -Approval
of an amendment to Ordinance 0-00-1231, amending Chapter 50, Article II,
Flood Hazard Area Regulations, of the Colleyville Code
7. READING AND PUBLIC HEARING -Resolution R-00-1733 -Approval of
renewing the loan with First State Bank of Texas used to purchase a fire truck
ACTION ITEMS:
8. DISCUSSION AND CONSIDERATION OF A REQUEST BY MR. DAVID
BAGWELL FOR REIMBURSEMENT OF $13,438.75 TO GOODACRE LIMITED
PARTNERSHIP FOR THE COST OF OVERSIZING WATERLINES WITHIN
THE WESTMONT ADDITION, PRIOR TO ACCEPTANCE OF ALL PUBLIC
IMPROVEMENTS
STAFF REPORTS:
9. MONTHLY FINANCIAL REPORT
REPORTS:
10. PLANNING AND ZONING COMMISSION MINUTES -October 23, .2000
CITIZEN COMMENTS:
11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 21, 2000 -
Reading and Public Hearing -Resolution R-00-1734
ADJOURNMENT:
13. ADJOURNMENT
I certify the above agenda was posted on the bulletin board at City Hall on November
17, 2000, at 4:30 p. m. .
~? ~~-
Cynthia Singleton
City Secretary
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at 577-
7575, and reasonable accommodations will be made to assist you.
CITY COUNCIL
~In' o/
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AGENDA BRIEFING
For mtg.: 11/21/00 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 -Village at Colleyville
Sec. 551.072 - Property Acquisition -Colleyville City Hall
Sec. 551.072 - Property Acquisition -Colleyville Public Library
Sec. 551.072 - Property Acquisition -Ground Storage Water Pumping Facility
Sec. 551.074 - Personnel - City Manager Executive Search
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.
C ITY MANAGE R ~ a ~ .
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
CITY COUNCIL
Cin'n/
~,~~
T~~.,,;
AGENDA BRIEFING
For mtg.: 11/21/00 CMO Approval:
Item #
2
Ordinance #
N/A
Previous Action: None
DEPT.
CITY COUNCIL
SUBJECT
CORRESPONDENCE, MISCELLANEOUS
REPORTS OF MEETINGS ATTENDED BY THE
COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS, OR
PRESENTATIONS
Richard Spraberry, T Executive Committee and Tony Johnson, T Assistant General
Manager will brief the City Council on the status of the Trinity Railway Express in
Tarrant County and provide statistics on the first two months of service. Mr. Spraberry
will discuss the T's strategic plans for developing a regional rail system and providing
more public transit options for citizens. He will then make a presentation to the City
Council in honor of their support of the Trinity Railway Express project.
C Y MANAG E R A are.1
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
RESOLUTION R-00-1732
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF NOVEMBER 21, 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 November 8, 2000,
are 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
Cynthia Singleton Donna Arp
City Secretary Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
NOVEMBER 8, 2000
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on November 8, 2000, at 6:48 p.m.
Roll Call: Councilpersons Jody Short, Mike Taylor, Dana Feldman, Dennis Marlin
and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, Interim
City Manager Dianne McWethy, Interim Assistant City Manager Curtis
Hawk, Director of Public Services Bob Whitehead, Community
Development Coordinator Clayton Husband, Marketing Specialist Dixie
Cawthorne, Public Works Manager Randy Brown, Police Chief John
Young, Fire Chief Mike Johnston, City Attorney Ross Foster, and City
Secretary Cynthia Singleton
EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 - Consultation with Attorney
a. Large Commercial Building Ordinance
b. Title for Vacated Streets - Oakbriar Lane and Greenbriar
Lane
c. Lease Agreement - 5100 Colleyville Boulevard
d. Munson Condemnation
Sec. 551.072 - Property Acquisition -Village at Colleyville
Sec. 551.072 - Property Acquisition -Colleyville Boulevard/Smith Tract
Sec. 551.072 Property Acquisition -Colleyville City Hall
Sec. 551.072 Property Acquisition -Colleyville Public Library
Sec. 551.072 Property Acquisition -Fire Station
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.
CITY COUNCIL MINUTES NOVEMBER 8, 2000
Mayor Arp explained that the Executive Session had been called in accordance with
Texas Government Code Chapter 551, Subchapter D, Section 551.071 -Consultation
with Attorney, Section 551.072 - Property Acquisition, and Section 551.074 -
Personnel. She further explained that there would be no decisions made or action
taken during this time. The meeting was recessed at 6:50 p.m., and reconvened at 7:40
p.m.
The invocation was given by Mayor Donna Arp, after which Ross Foster led the Pledge
of Allegiance.
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
Mayor Arp presented a Proclamation for World Town Planning Day to Clayton Husband,
Community Development Coordinator.
CONSENT:
3. READING AND PUBLIC HEARING -Resolution R-00-1729 -Consent Items:
a. Approval of minutes of the regular City Council meeting of October 17,
2000
b. Approval of minutes of the City Council worksession held October 26,
2000
c. Approval of minutes of the City Council meeting held on October 30, 2000
d. Approval of a Final Plat of the Bridges at Riverwalk, requested by Dave
Hannah, 11.955 acres located on the north side of Glade Road in the
1300 block, Case P-00-076
e. Approval of Health/DentalNision Insurance renewal with Blue Cross Blue
Shield
Mayor Arp opened the public hearing and read Resolution R-00-1729 in its entirety.
There were no others wishing to speak on this item and Mayor Arp closed the public
hearing.
2
CITY COUNCIL MINUTES NOVEMBER 8, 2000
Mayor Pro Tem Tigue moved to approve Resolution R-00-1729.
Councilman Short 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 0-00-1253 - A
Special Use Permit for a carport requested by Steve Pence for Keith & Betsy
Luttrell, on Lot 11, Block 3, Western Trails Addition Section 2 located at 7420
Overland Trail
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1253.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Taylor moved to approve Ordinance 0-00-1253.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
5. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1254 -Approval
of a City/Developer Agreement with Larry Cole Investments for Phase III of
Remington Park
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1254.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
3
CITY COUNCIL MINUTES
NOVEMBER 8, 2000
6. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1255 - A zoning
change requested by Doug Henderson representing Kipp Whitman, Lavaca Trail,
LLC, from R40 to PUD-C (planned unit development-commercial) on 6.335 acres
located at the southeast corner of Lavaca Trail and Precinct Line Road, Case Z-
00-070
Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1255.
Mr. Kipp Whitman, 3402 Crossgate Circle South, applicant, was present to answer
questions.
There were no others present wishing to speak concerning this item and Mayor Arp
closed the public hearing.
7. READING AND PUBLIC HEARING -Resolution R-00-1730 -Establishing the
conditions for the location of the Colleyville City Hall on the Village at Colleyville
site
Mayor Arp opened the public hearing and read the caption of Resolution R-00-1730.
Mr. Chris Foy, 4605 Mill View Drive, Mr. Rich Munson, 1905 Hall-Johnson Road, and
Mr. Joe Tigue, 4415 Meandering Way spoke in favor of the proposed Resolution.
Mr. Greg Richards, 5212 Coventry Court, requested that Council consider long-term
plans regarding the location of City Hall and spoke in favor of the proposed Resolution.
Ms. Jill Van Over, 2303 Ballantrae Drive, spoke in opposition to the proposed
Resolution.
Mr. Tom Miller, 5513 South Drive and Richard Myers, 300 Lloyd Circle, applicants were
present to answer questions of the Council.
Mayor Arp closed the public hearing.
Discussion ensued regarding the costs of building City Hall in the Village at Colleyville
or on the Smith property.
Mr. Richard Myers, applicant, answered questions regarding the structure of the Village
at Colleyville TIF agreement with the City.
4
CITY COUNCIL MINUTES
NOVEMBER 8, 2000
Interim Assistant City Manager Curtis Hawk answered questions of the City Council
related to the location of City Hall in the Village at Colleyville and on the Smith tract and
the TIF agreement.
Councilman Short called for the question.
Mayor Pro Tem Tigue moved to approve Resolution R-00-1730.
Councilman Feldman seconded the motion.
Ayes: Councilpersons, Feldman, Marlin and Mayor Pro Tem Tigue
Nays: Councilpersons Short and Taylor
Mayor Arp declared the motion carried.
TABLED ITEMS:
8. CONSIDERATION OF ORDINANCE 0-00-1249 -Amending Chapter 3, Land
Use, of the Land Development Code regarding large commercial buildings
Councilman Feldman moved to remove this item from the table.
Councilman Marlin seconded the motion.
Councilman Feldman presented changes to the Council for consideration.
Councilman Feldman moved to approve Ordinance 0-00-1249 with the proposed
changes.
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.
5
CITY COUNCIL MINUTES
NOVEMBER 8, 2000
REPORTS:
9. TRAFFIC SAFETY ADVISORY COMMITTEE -October 9, 2000
PLANNING AND ZONING COMMISSION MINUTES -October 9, 2000
There was no action taken on this item.
CITIZEN COMMENTS:
10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Mr. David Bagwell, 8222 Douglas Avenue, Dallas, spoke regarding the Westmont
Development and reimbursement due according to the Agreement.
Mr. Rich Munson, 1905 Hall-Johnson Road, spoke regarding elevation and drainage on
Hall-Johnson Road near his home.
ACTION/RESOLUTION:
11. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 8, 2000 -
Reading and Public Hearing -Resolution R-00-1731
This Resolution was not needed.
ADJOURNMENT:
12. 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 9:00 p.m.
6
CITY COUNCIL MINUTES
APPROVED THIS DAY OF
AYES, NAYS, AND ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton
City Secretary
NOVEMBER 8, 2000
2000, BY A VOTE OF
7
CITY COUNCIL
Cis?' n!
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to<as
AGENDA BRIEFING
For mt .: 11/21/00 CMO Approval:
Item #
4
Ordinance #
0-00-1254
Previous Action: 11/08/00
DEPT.
ENGINEERING
SUBJECT
Approval of a City/Developer Agreement with
Foxcreek Residential Development LTD for Phase
III of Remington Park
Second Reading and Public Healing
Update
The Developer and Staff agreed to add clarifying language to the City/Developer
Agreement to outline to all parties the responsibilities of both the City and the
Developer. Speck language in item 3 addresses the perimeter street fee and all
credits due the Developer, which shall be credited against the roadway impact fee.
Specific language in item 4 through 7 lists dollar values of standard fees collected on all
developments.
A cost comparison of the 16-inch water transmission line as per the City Council request
for item 8 of the agreement is as follows: The proposed 16-inch waterline will cost the
City $45 per linear foot. The 16-inch water transmission line that was constructed
adjacent to McDonwell School Road under the City's Capital Improvements Project was
completed in the Spring of 2000 at a cost of $55 per linear foot, excluding
appurtenances, valves, bends, service connections, etc. Therefore, by using the
developer's cost the City is saving $10 per linear foot for this 16-inch water main.
(continued)
;; ~-
CI ANAGER] G~;.
,:
DEPARTMEN HEAD
FI CIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1254
Page 2
First Reading and Public Hearing
Background
The plat of the Remington Park Addition -Phase III was filed with Tarrant County on
August 18, 2000. Council approved zoning for the Remington Park Addition on June
16, 1998 by Ordinance 0-98-1100. Public improvements associated with this
development are currently underway.
Staff has reviewed the subject agreement with Larry Cole Investments and finds it to be
consistent with developmental policies and ordinances. All items in this agreement are
standard with the exception of item 8, which states that the City agrees to pay the
Developer a sum not to exceed $124,936.05, for the construction of 2,781 L.F. of 16-
inch, C-900 PVC DR-18 Water Main, to conform to the City's Built-out Water Distribution
Master Plan.
Financial Impact
Funding for the 16-inch water main will be made available from the water impact fees.
Recommendation
Approval of the City/Developer Agreement with Lany Cole Investments.
Attachments
CitylDeveloper Agreement
Letter from Goodwin 8~ Marshall (paper copy only)
Site location map (paper copy only)
Ordinance 0-98-1100 (paper copy only)
Ordinance 0-00-1254
10/31/2000 17:45 4463116 GOODWIN MARSHALL PAGE 02
~OODwIN~ CML ENGINEERS ~ PLANNERS - SURVE1~ORs
ARSHALL=<
October 30, 2000
Ms. Chayce 1Vlorrow, P.E.
City of Colleyville, Engineer
5400 Bransford Rvad
Colleyville, TX 76034
Re: Remington Park Addition, Phase 3 -Developer's Agreement
Dear Ms. Morrow,
I am writing this letter in regards to the necessary reimbursement fvr the design and construction of
the 16" Water Linc for the above referenced project. Based on the verbal agreement by the City of
Collcyvillc with Larry Cole, he would pay for the design and installation of the 16" water line as a
convenuience to the City and be reimbursod those costs per the Developer's Agreement. The civil
engineering costs, including project managemcio~t during construction and a partial redesign of the
16" water line, total $1 ],400.00. The surveying and construction staking costs will be $2,800.00.
The total construction cost for the installation of the 1 b" water line is $110,736.05. I have included
with this letter a copy of the water facilities portion of the utility contractor's proposal that is a part
of the contract documents. Again based on the verbal agreement with the City, it is our
understanding that the final inspection fee included in the Developer's Agreement will be based on
the total construction costs, excluding the 16" water line.
Ms. Morrow, I appreciate the staff's time and cooperation on this project and should you have any
questions or need any additional information, please do not hesitate to call.
sincerety,
Goodwin & Mars 1l Inc.
Edward W. Eckart, E.I.T.
EWE/jc
encl.
cc: Larry Cole
600 I BRIDGE STREET, S~lrre 100 / FORT WORTH, TEXAS 76112 / 817-429-4373 (METRO) / 817-46-31 16 (FAx)
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ORDINANCE 0-98-1100
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEIMLLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING
THE ZONING OF 123.9 TOTAL ACRES, 103.21 ACRES BEING AN AMENDMENT TO
THE PUD-R FOR REMINGTON PARK, O.97-1058, AND AN ADDITIONAL 20.879
ACRES OUT OF THE J. S. NEWTON SURVEY, ABSTRACT 1177, TRACTS 1C, 1C1,
1 L1, AND LOTS 4A AND 4B, BLOCK 5, BRIARWOOD, AND A PORTION OF LOT 1,
BLOCK 1, TALBOT ADDITION, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE
PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) AND R40 (SINGLE FAMILY
RESIDENTIAL, MINIMUM LOT 40,000 S.F.) AND R20 (SINGLE FAMILY RESIDENTIAL,
MINIMUM LOT 20,000 S.F.) DISTRICTS TO THE PUD-R (PLANNED UNIT
DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING A PENALTY AND
AUTHORIZING PUBLICATION.
WHEREAS, an application for zoning change was filed by Lany Cole on April 17, 1998
under Case No. Z-98-023; 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 both 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:
Ordinance 0-98-1100
Page 2 of 10
Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyvi" ~,
Texas, and the accompanying Zoning Map (as indicated in Exhibit A) < e
hereby amended insofar as they relate to certain land located in Colleyville,
Texas, described by metes and bounds (Exhibit B) by changing the zoni c
of said property from the PUD-R and R40 and R20 districts to the PUG .=
district together with alt site plans, supporting documents, and other
conditions and restrictions imposed and approved by the Council which ~ e
incorporated herein by reference including, but not limited to the site plan
which is Attachment 1 to this ordinance and the planning objectives which
are Attachment 2 to this ordinance.
Sec. 2. Any person, firm or corporation violating any of the provisions of th~s
ordinance as read together with the Zoning Ordinance of the City ~f
Colleyville and accompanying official Zoning Map thereto shall be guilty of
a misdemeanor and upon conviction thereof shall be fined in a sum not `~
exceed Two Thousand Dollars ($2,000.00). Each and every day su i
violation continues shall constitute a separate offense and shall be
punishable as such.
Sec. 3. The City Secretary is hereby authorized and directed to cause publication
of the descriptive caption and penalty clause hereof as an ~alterr
method of publication provided by law.
AND IT IS SO ORDERED.
Th first reading and public hearing 'being conducted on the 2"-d day of
1998.
Th second reading and public hearing being conducted on the ~ly - day of
un~ , 1998.
ATTEST:
~'n^^,~'
CITY OF COLLEYVILLE
~~J1~--~
l~
J n Harris, CMC
City Secretary
Richard Newton
Mayor
ED A TO FORM AND LEGALITY:
Ross T. F ster
City Attorney
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ORDINANCE 0-98-1100
DCHIBIT "A"
Legal Description
BEING a 123.9 acre tract of land in the J.E. Withers Survey, Abstract No. 1748, the H.L. Allen
Survey, Abstract No. 65, the RN. McEwing Survey, Abstract No. 1154 and the J.S. Newton
Survey, Abstract No. 1177, situated in the City of Colleyville, Tarrant County, Texas and being
more particularly described as follows:
BEGINNING at a 1/Z" iron pin found on the East line of a tract of land conveyed to Victor H.
Payne and wife Marie Payne by deed recorded in Vol. 4575, Pg. 900 of the Deed Records of
Tarrant County, Texas (DRTCT), said iron pin also being on the South right-of--way line of
McDonwell School Road (County Road No. 3105) (Observed 50'R.O.W.), said iron pin also
being on the West line of a tract conveyed m F.C. Becker by deed recorded in Vol. 6273, Pg. 467
DRTCT;
Tl~NCE N 89°23'51" E along the said South right-of-way line of said McDonwell School Road,
a distance of 357.87 feet to a 1/2" iron pin set, said iron pin also being the point of curvature of
a circulaz curve tu the left, having a radius of 525.00 feet, a central angle of 33°31'53", a chord
distance of 302.88 feet and a chord bearing of N 72°37'54" E;
4
THENCE easterly and northeasterly along said circular curve to the left and South right-of-way
line of said McDonwell School Road, a distance of 307.25 feet to a 1/2" iron pin set;
THENCE N 55°51'58" E along the said South right-of-way line of said McDonwell School Read,
a distance of 151.49 feet m a 12" iron pin set for the point of curvature of a circular curve to the
right, having a radius of 475.00 feet, a central angle of 27°34'56", a chord distance of 226.46
feet and a chord bearing of N 69°39'26" E;
TI~NCE northeasterly and easterly along said circulaz curve to the right and said South right-of-
way line of said McDonwell School Road, a distance of 228.67 feet to a 1/2" iron pin set, said
iron pin also being on the West line of Lot 3, Block 1 of Tallman Addition, an addition to the City
of Colleyville, Tarrant County, Texas as recorded in Vol. 388-120, Pg. 9 of the Plat Records of
Tarrant County, Texas (PRTCT) and on the called East lint of a tract of land conveyed to R.L.
Perritt by deed recorded in Vol. 2432, Pg. 365 DRTCT;
THENCE S Ol°54'35" W along the called East line of said Perritt tract and the West line of said
Lot 3, Block 1, a distance of 895.29 feet to a 1/2" iron pin found, said pin being the Southwest
corner of said Lot 3, Block 1 and the Northwest corner of Block 3 of Bellinger Place, an addition
to the City of Colleyville, Tarrant County, Texas as recorded in Vol. 388-V, Pg. 15, PRTCT;
THENCE S 89°57'55" E along the North line of said Block 3 of Bellinger Place and the South
line of said Tallman Addition, a distance of 428.77 feet to a 7/8" iron pin found, said iron pin
being the Southeast corner of I.ot 1, Block 1 of said Tallman Addition and the Southwest comer
of Lot 1, Block 1 of O'Steen Subdivision, an addition to the City of Colleyville, Tarrant County,
Texas as recorded in Vol. 388-129, Pg. 11 PRTCT;
ORDINANCE 0-98-1100
EXHIBIT "B"
TI~NCE N Ol°54'35" E along the East line of said Lot 1, Block 1 of said Tallman Addition and
the West line of said Lot 1, Block 1 of said O'Steen Subdivision, a distance of 555.00 fect to a
1/2" iron pin set;
THENCE S 89°54'36" E departing said East line of said Lot 1, Block 1 of said Tallman Addition,
a distancx of 435.18 feet m a 1R" iron pin set, said pin being on the East line of said Lot 1, Block
1 of said O'Steen Subdivision and on the West line of Lot 1, Block 1 of Blackberry Farm, an
addition m the Ciry of Colleyville, Tarrant County, Texas as recorded in Vol. 388-126, Pg. 76
PRTCT;
THENCE S Ol°54'35" W along the East line of said Lot 1, Block 1 of said O'Steen Subdivision
and the West line of said Lot 1, Block 1 of said Blackberry Farm, a distance of 555.00 feet to a
1/2" iron pin set on the North line of said Block 3 of said Hettinger Place;
TF~NCE S 89°54'36" E along the South line of said Blackberry Farm and the North line of said
Hettinger Place, a distance of 902.77 feet m a 1/2" iron pin found;
THENCE S 00°02'35" E departing the said South line of said Blackberry Farm and continuing
along the.common line between Block 3 and Block 2 of said Bellinger Place, a distance of 753.81
feet m a 1/2" iron pin found, said iron pin being on the North line of Block 1 of the James A.
Ryan Addition, an addition m the City of Colleyville, Tarrant County, Texas as record in Vol.
388-127, Pg. 4 PRTCT;
THENCE S 88°59'52" W along the said North line of said Block 1 of the James A. Ryan
Addition and the South line of the said Block 3 of said Hettinger Place, a distance of 361.45 feet
to a 1/4" iron pin found, said iron pin also being in the North line of Lot 1, Block 1 of Van Oaks
Addition, Phase II, an addition m the City of Colleyville, Tarrant County, Texas as recorded in
Vol. 388-205, Pg. 1 PRTCT;
TI~NCE N 89°41'26" W along the North line of said Lot 1, Block 1 of said Van Oaks Addition,
Phase II and the South line of said Block 3 of said Hettinger Place, a distance of 558.02 feet to
a 5/8" iron pin found, said iron pin also being the Northwest corner of a tract conveyed m M.I.
Mackey by deed recorded in Vol. 6192, Pg. 806 DRTCT;
THENCE S 00°44' 10" W along the West line of said Mackey tract and the West Iine of Lot 1,
Block 1 of the E.A. Smith Addition, an addition m the City of Colleyville, Tarrant County, Texas
as recorded in Cab. A, Slide 1749 PRTCT, a distance of 400.48 feet m a 1/2" iron pin found,
said iron pin also being the Southwest corner of said Lot 1, Block 1 of said E.A. Smith Addition;
THENCE S 89°31'48" E along the South line of said Lot 1, Block 1 of said E.A. Smith Addition,
a distance of 435.12 feet m a 1/2" iron pin found, said iron pin being in the West line of Lot 1,
Block 1 of Talbot Addition, an addition m the City of Colleyville, Tarrant County, Texas as
recorded in Vol. 388-186, Pg. 51 PRTCT and in the East line of the E.A. Smith Tract, an
addition to the City of Colleyville, Tarrant County, Texas as recorded in Vol. 388-60, Pg. 31
PRTCT;
ORDINANCE 0-98-1100
EXHIBIT "B"
T1~NCE S 00°36' 18" W along the West line of said Lot 1, Block 1 of said Talbot Addition and
the East line of the said E.A. Smith Tract, a distance of 616.18 feet m a 1/2" iron pin found;
THENCE N 88°25'00" E, 286.80 feet to a point;
THENCE S 00°01'51" E, 1599.15 feet to a point on the North right-of-way line of LD Lockett
Road;
THENCE S 89° 15'00" E, 532.25 feet to a point;
THENCE N 10°22'38" W, 55.79 feet to a point;
THENCE N 00°03'24" E, 296.18 feet to a point;
THENCE N 13°47'08" W, 66.15 feet to a point;
THENCE N 00°05'02" W, 1277.32 feet m a point;
THENCE S 88°33'48" W along the North line of said Briarwood, a distance of 713.81 feet to a
1" iron pipe found, said iron pipe being the Northwest corner of said Briarwood and the Northeast
corner of The Oaks, as addition m the City of Colleyville, Tarrant County, Texas as recorded in
Vol. 388-76, Pg. 10 PRTCT;
THENCE S 88 °35'21 " W along the North line of the said The Oaks, a distance of 933.67 feet
to a 3/4" iron pipe found, said iron pipe being on the West line of said E.A. Smith Tract and on
the East line of Tracts A & B of the McEwing Subdivision, an addition to the City of Colleyville,
Tarrant County, Texas as recorded in Vol. 388-29, Pg. 447 PRTCT;
THENCE N 00° 17'03" W along the said East line of said Tracts A & B of said McEwing
subdivision and the West line of said E.A. Smith Tract, a distance of 980.87 feet to a 5/8" iron
pin found, said iron pin being the Northwest corner of said E.A. Smith tract and on the East Line
of Tract C, McEwing Subdivision, an addition to the City of Colleyville, Tarrant County, Texas
as recorded in Vol. 388-46, Pg. 878 PRTCT, said iron pin also being the most Southerly
Southwest corner of said RL. Perritt tract;
THENCE N 00°32'56" E along the East line of said Tract C of said McEwing Subdivision and
the West line of said Perritt tract, a distance of 471.98 feet to a 3/8" iron pin found, said iron pin
being the Northeast comer of said Tract C of said McEwing Subdivision;
THENCE S 89°34'32" W along the North line of said Tract C of said McEwing Subdivision and
the South line of said Perritt tract, at a distance of 108.14 feet passing the Southwest corner of
said Perritt tract and the Southeast corner of said Becker tract, continuing long the South line of
said Becker tract a total distance of 299.67 feet to a 1/2" iron pin found, said iron pin being the
Southwest corner of said Becker tract and the Southeast corner of said Payne tract;
ORDINANCE 0-98-1100
EXHIBIT "B"
THII~ICE N 00'28'55" W along the East Iine of said Payne tract and the West line of said Becker
tract, a distance of 912.42 feet to the POINT of BEGINNING, and containing 5,339,100 square
feet or 123.9 acres of land.
ORDINANCE 0-98-1100
EXHIBIT "B"
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ATTACHMENT -1
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REMINGTON PARK DEVELOPMENT SCHEDULE
Phase I Commenced Juae 1997 Completed February, 1998
Phase II Commmce Fall 1998 Complete Spring 1999
Phase III Commmce Fall 1999 Complete Spring 2000
Phase IV Commence dater 2001 Complete Summer 2001
STATEMENT OF PROPOSED OWNERSHIP
Foxcreek Residmtial Development Ltd.
ORDINANCE 0-98-1700
ATTACHMENT-2
REMINGTON PARK PLANNING Og,TECTIVES
The main objective we wanted to accomplish was to establish a neighborhood that had an open
coumry Idce feeling with all the convenience of city services. We feel we have achieved this result by
doing the following:
1. The neighborhood is designed with a spine road through the lowest elevation of the land
giving as internal feeling driving through the valley with trees surrounding the perimeter of
the property.
2. The opm space {approximately 15 acres) is fully visible as you eater the community with two
ponds, jogging trails, a junior Olympic-size pool as well as a clubhouse and community center.
3. 'The community is designed to maximize the number of lots of that are located on cul de sacs
and streets of the main spine road.
4. The rirailation pattern allows resides to be able to exit to the north on McDonwell School
Read, to the south on L.D. Lockett Road and to the west on Lavacca Trail
5. The design allows for preserving as many trees as possible and the natural stock pond while
adding additional seasonal planting and a buffer adjacent to McDonwell School Road.
6. The internal pedestrian trail system allow for about 1-1/2 miles of path directly from the cul
de sacs mini- **11Tng the number of road crossings providing for safety of the neighborhood
residents.
7. The community is designed within the master plan target of 1.72 lots per acre while still
providing enough lots and open space to make the project feasible.
8. The price range of the houses built will be from 5350,000 to 5500,000.
RENIIl~IGTON PARK UTII.ITY PROVISIONS
A proposed ten inch sanitary sewer line will be conceded to the wasting ten inch line and
manhole located between Colu Neck Drive and Quail's Path, along the north boundary lice of the
Briarwood subdivision. A ten inch sanitary sewer line will be extended to the north property line of
Remington Park Addition for future development to connect to the proposed system. Eight and six
inch sanitary sewer lines branch off of the tea inch line in order to serve Remington Park residents.
A proposed ten inch water line wi~Il be looped to connect the existing ten inch water line along
the north side of Lavacca Trail and an adsting tea inch Line that extends to the end of Van Oaks
Drive. The six inch water line that extends along the south side of McDonwell School Road will be
replaced with a ten inch line along the north boundary line of the subdivision. An eight inch line within
the subdivision will loop the McDo~-ell School Road line to the other two existing tea inch lines.
Six inch water Lines will be branched off of the two main lines in order to serve Remington Park
residents. A ten inch Line will also be looped from Van Oaks Drive through Remington Park to L.D.
Lockett at the south end of the proposed development.
ORDINANCE 0-96-1100
ATTACHMENT - 2
CITY OF COLLEYVILLE
CITY/DEVELOPER AGREEMENT
REMINGTON PARK ADDITION PHASE III
STATE OF TEXAS }
COUNTY OF TARRANT }
That FOXCREEK RESIDENTIAL DEVELOPMENT LTD., a Limited Partnership
organized under the laws of the State of Texas, hereinafter called
"Owner/Developer" and the City of Colleyville, Tarrant County, Texas hereinafter
called "City", enter into the following agreement (The Agreement).
In consideration of mutual covenants herein contained and for the purpose of
developing lots in the Remington Park Addition to the City of Colleyville, as filed
of record in Cabinet A, Slides 6058 & 6059, dated August 8, 2000 of the Plat
Records of Tarrant County, Texas, the parties hereto agree:
1. The Owner/Developer will provide a complete service connection at each
lot including tap, service line, curb stop and tap for sewer. The charge for
the right to connect the system shall be in accordance with the City's
current water and sewer tap fees. Fees will be charged and paid at the
time building permits are issued.
2. The Owner/Developer will contract for street, water, and sewer
requirements with reputable contractors. All contract documents shall be
prepared under the supervision and bear the seal of a Registered
Professional Engineer who shall be licensed in the State of Texas. Before
acceptance of public improvements by the City, contractor or contractors
will furnish a two-year maintenance bond or place funds in escrow with the
City for two years. Such bond or escrow to be in the amount of ten
percent (10°~) of the construction cost of all public improvements.
3. The Owner/Developer agrees to escrow funds in the amount of
$70,951.21 with the City for construction of L.D. Lockett Road paving and
drainage improvements prior to acceptance of subdivision improvements
by the City. This amount shall be credited against the roadway impact fee
of $98,518.00 (62 lots ~ $1,589 per lot); thereby making the road impact
fee the amount of $455.63 per lot.
4. The Owner/Developer agrees to pay the City for all parkland dedication
fees in accordance with the current ordinance requirements $78,120.00
(62 tots ~ $1260.00 per lot).
5. The Owner/Developer agrees to escrow $6,200 (62 lots @ $100.00) for
the Erosion Surety Fund.
6. There are no credits against the sewer impact fee, which is $256.00 per
lot.
7. There are no credits against the water impact fee, which is $2,936.00 per
lot.
8. The City agrees to pay the Developer a sum of $124,936.05 for
constructing 2,781 linear feet of 16-inch, C-900 PVC DR-18 water main.
9. The Owner/Developer agrees to pay the City five (5%) of the construction
costs for plan review and inspection fees for the water (excluding the City
16-inch water main referred to in item 8), sanitary sewer, drainage and
paving improvements in accordance with the current ordinance
requirements.
10. The Owner/Developer understands that he has no authority to cancel or
amend the terms of the Agreement without specific written authority from
the City.
11. If for any reason the ownership of the property should change prior to
acceptance by the City of the water, sewer, storm sewer and paving
improvements in Remington Park Phase III, it is agreed that these
conditions will pass from this Owner/Developer to the next Owner and the
City will require proper signatures of the new Owners agreeing to the
terms of the Agreement.
12. Upon completion of the work, good and sufficient title to all facilities
constructed, warranted free of any liens or encumbrances, is hereby
vested in the City of Colleyville.
13. The City shall have no maintenance responsibility for private open space.
The Owner/Developer or the neighborhood Homeowner's Association
shall maintain this area.
14. The Developer agrees to provide, at no cost to the City, all testing
necessary to ensure that the construction is in accordance with the
construction specifications and City standards.
IN WITNESS WHEREOF, the parties
Agreement in three counterparts, each
original on the day of , 2000.
to these presents have executed this
of which shall be deemed to be an
FOXCREEK RESIDENTIAL
DEVELOPMENT LTD.
GENERAL PARTNER, LCJJ INC.
By:
Larry R. Cole, Vice President
CITY OF COLLEYVILLE
Donna Arp, Mayor
Cynthia Singleton, City Secretary
ORDINANCE 0-00-1254
AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT
FOR PUBLIC IMPROVEMENTS BETWEEN FOXCREEK RESIDENTIAL
DEVELOPMENT LTD. AND THE CITY OF COLLEYVILLE, TEXAS FOR REMINGTON
PARK, PHASE III ADDITION
WHEREAS, Lany Cole Investments (Developer} shall construct public improvements
and the City of Colteyville, Texas shall participate in the cost as
determined by municipal ordinance under Subchapter C. Developers
Participation in Contract for Pubfic Improvements, Local Government
Code, State of Texas; and
WHEREAS, The City of Colleyville and Developer hereby entered into a
City/Developer Agreement/Contract for the Remington Park Addition -
Phase III, which specifies certain construction costs that the City has
agreed to participate in with the Developer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the Developer shall construct the improvements and the City shall
participate in their cost.
Sec. 2. THAT the City's total cost participation ($124,936.05) does not exceed
thirty percent (30°~) of the total contract price.
Sec. 3. THAT the Developer must execute a performance bond for the
construction of the improvements to ensure completion of the project, said
bond must be executed by a corporate surety in accordance with Chapter
2253, Govemment Code.
Sec. 4. THAT the City shall be reimbursed by the Developer the total cost
participation by the City if City finds there was any undue loading of cost,
collusion, or fraud.
Sec. 5. THAT all of the Developer's books and other records related to the project
shall be available for inspection by the City.
Ordinance 0-00-12~^
Page 2 c
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:
Cynthia Singleton
City Secretary
CITY OF COLLEYVILLE
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CITY COUNCIL
t ^ ~W
Testa
AGENDA BRIEFING
For mt .: 11/21/00 CMO Approval:
Item#:
5
Ordinance #
0-00-1255
P~evieus Action: 11!08100
DEPT.
COMMUNITY DEVELOPMENT
SUBJECT
A zoning change requested by Doug Henderson
representing Kipp Whitman, Lavaca Trail, LLC,
from R40 to PUD-C (planned unit development-
commercial) on 6.335 acres located at the
southeast corner of Lavaca Trail and Precinct Line
Road. Case Z-00-070
Second Reading and Public Hearing
Update
Staff received a letter from the applicant requesting that the Council table action on this
request after the public hearing. The applicant is in the process of preparing additional
information regarding a potential tenant. A letter from the applicant is attached.
Recommendation
Table to the December 5, 2000 meeting.
~ (continued)
CITY MAN GERM LP-t,4~q-
DEPA~tTMENT HEAD
J
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1255
Page 2
First Reading and Public Hearing
Background
The applicant is requesting rezoning of this 6.3 acre tract from R40 single-family
residential to PUD-C, to develop eight commercial "pad sites". The property is located
at the southeast corner of Precinct Line Road and Lavaca Trail. Earlier this past
summer, the applicant submitted the initial rezoning request to allow the development of
a convenience store and a large kennel facility. However, after considerable discussion
at the August 15, 2000 City Council public hearing, the applicant decided to withdraw
the kennel facility from his original proposal, but to proceed on with the proposed
commercial rezoning. The City Council referred the request back to the Planning and
Zoning Commission for further study and review, since the rezoning request had been
significantly modified from the initial proposal.
Staff subsequently met with the applicant to identify the various parameters of the
request and drafted specific language, which has been incorporated into the ordinance
to guide- the overall development, particularly since there are no building site plans or
building elevation drawings. The developer is requesting aPUD-C ordinance, which will
allow development of a convenience store with SUP provisions to allow the sale of
alcoholic beverages for off-premises consumption on the corner lot. The developer is
also requesting SUP provisions for the sale of alcoholic beverages for on-premises
consumption in conjunction with a restaurant on the other two lots that front on Precinct
Line Road. The proposed ordinance includes all CG1 and CC2 uses for~this PUD-C.
The Colleyville Master Plan shows this area as a future commercial location and the
general concept of the applicant's proposal appears consistent with the Master Plan
from an overall perspective. However, staff is concerned that an additional convenience
store at this location is premature and will "consume" an important location and is
recommending denial of the request.
Since there are no site plans or building elevation plans submitted with this request,
language has been inserted into the ordinance to require City Council approval of all
site plans and building elevation plans prior to the issuance of any building permits.
Additionally, the developer is required to design the site plan and building elevations to
score a minimum of 35 points under the Colleyville Building Design guidelines.
Included with this agenda briefing is a draft ordinance for your review. The applicant
has reviewed the draft ordinance and concurs with the specific terms and conditions of
the requirements of the ordinance. The "Zoning Exhibit" does not include a preliminary
plat, therefore the preliminary and final plat requirements are included within the
language of the proposed ordinance.
Agenda Briefing
Ordinance 0-00-1255
Page 3
The following is an analysis of the major issues associated with this rezoning request:
Master Plan. This proposal is compatible with the Colleyville Master Plan adopted
in 1998 since the area has been identified as development potential for retail,
commercial and office uses. The land uses being proposed include all of those in
the CC1 and CC2 district, and incorporated into the ordinance, are Special Use
Permits (SUP) that are normally required for alcohol sales. These are for a
convenience store on the corner and potential restaurants along Precinct Line Road.
No other speck uses have been ident~ed at this time.
2. Surrounding Properties. While there are still some single-family homes along
Lavaca Trail, Precinct Line Road is not yet developed on either side.
3. Development Trends. Since both North Richland Hills across the street and
Colleyville identify much of the property in this area as commercial on the respective
Land Use Plans, the trend would be (will be) towards commercial development.
4. Infrastructure. All utilities will have to be provided for this area. Since the property
will have to be platted, additional right-of-way will be dedicated along Lavaca Trail.
5. Current Zoning Suitability. The area is currently zoned R40 and could be
developed for single family, however that does not match the proposed Master Plan
land uses.
6. Economic Deveoopmen>~ Upgrading this under-developed property for use as
commercial property will have an immediate positive impact on the 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.
8. Landscape Spaces and Setbacks. There are provisions for oversized landscaped
spaces along both street frontages. The effect of this is to create an attractive
"greenbelt" along both streets, and prevent automobiles from parking near the street
right-of-way.
9. Design Review. The provision of building elevations for the convenience store has
been a concern for this project in that the actual designs are unknown at this time.
This has been resolved by including a requirement in the proposed Ordinance that
requires City Council approval of a site plan and building designs prior to
construction of all buildings in this PUD-C. This task is performed at the staff level.
Agenda Briefing
Ordinance 0-00-1255
Page 4
10. Engineering, Platting, etc. PUD plans are normally accompanied by very detailed
plats as the first stage of project development. However, since there are still many
unknown engineering facets to this project, the applicant has opted to forego
producing the costly detailed analysis at this point. Staff is not concerned as all of
the engineering will still have to be provided -whether final or preliminary -prior to
the approval of plats and issuance of building permits.
Summary and Conclusion
Staff remains concerned that this rezoning application is primarily a speculative zoning
venture, with the convenience store at the corner location being the only somewhat firm
use. At this time, there are no plans or client for any of the tracts. By consuming an
important corner with another convenience store, the staff believes that approval of this
request is not in the best interests of the long-range development plan of the City of
Colleyville. The staff would feel differently about this project if there were firm plans for
the other lots in the development and the convenience store was a part of that firmer
package.'
The Planning & Zoning Commission conducted a public hearing and considered this
zoning change request at its October 9, 2000 meeting and recommended approval of
the request by a vote of 6 - 1 (Hocutt against). Attached is a copy of the minutes from
the meeting of the Planning and Zoning Commission.
Recommendation
Denial
Attachments
^ Proposed Ordinance 0-00-1255
^ Location Map (Ordinance "Exhibit A")
^ Metes and bounds description (Ordinance "Exhibit 6")
^ Conceptual Site Plan (Ordinance "Exhibit C")
^ List of Property Owners Within 200'
^ Planning and Zoning Commission Minutes
List of Property Owners Within 200 Feet
The City of North Richland Hills
do John Pitstidc
P.O. Box 820609
N. Richland Hills, TX 76180
William D. Souder Investmerris
305 Brookridge Ct.
Hurst,, TX 78054
William D. Souder
305 Brookridge Cct.
Hurst, TX 78054
Daniel Lapier
305 W. Van Oaks Drive
Colleyviile, TX 78034
Doyle McIntosh
8333 Thornhill Drive
N. Richland Hills, TX 78180
&p Rippy
1757 Cynthia Lane
Hurst, TX 78054
Buddy 8 unda Shipman
1018 Lavaca Trail
Colleyville, TX 78034
Case Z-00-037
State of Texas
P.O. Box 8888
Fort Worth, TX 78115
Lewis 8 Bonnie Martin
P.O. Box 14009
Forth Worth, TX 78117
According to the last pubNshed Tax Records dated 09-01-99, individuals who own property that
is within the 200' of the proposed zoning change request are listed above. 1 certify that the
parties lisbod above have been notHisd of the proposed zoning change request as
required by Section 211 ttN Local Govsrnmont Cods. (Notices dated: June 02, 2000)
Jan Levy
Planning & Z Wing Assistant
Planning & Zoning Commission Minutes
1. TABLED ITEM - A zoning change requested by Doug Henderson representing Kipp
Whitman, Lavaca Trail, LLC, from R40 to PUD-C (planned unit development-
commercial) on 6.335 acres located at the southeast corner of Lavaca Trail and
Precinct Line Road. Case Z-00-070
Commissioner Gasper asked if they received any comments from the neighbors
regarding the revised plans. Tom Niederauer responded that staff did not receive any
additional responses. Commissioner Gasper asked if it was fair to assume that the
neighborhood is still opposed to the development of this corner. Commissioner
Edwards said that they were just opposed to the kennel and weren't opposed to
commercial development. Commissioner Hill asked staff to explain how the zoning
change request has changed.
Tom Niederauer presented the case to the Commission and told them about the four
issues that have changed. He said that the applicant is back to a similar plan to what
the Council looked at earlier with the exception of designs and elevations. He said that
the eight lot plat, not the zoning exhibit, is the plat from the original submittal. Tom said
that staff has disregarded what had gone on before and the land uses are CC-1 and
CC-2 with exception for a Special Use Permit for alcohol sales. He said that the lot on
the corner is for sale with off premise consumption and the other two lots on Precinct
Line Road are for on premise consumption in a restaurant. He said that those are the
only land uses that are different than just straight CC-1 and CC-2 and the kennel has
been removed. He said that an extra wide landscape setback on Precinct Line Road is
proposed with no parking. He said that a 20' greenbelt is proposed on Lavaca. He said
that the design review is different as there are no proposed buildings to evaluate and
they recommended in item #5B that requires site plans and building elevations to be
reviewed by City Council. He said that the last issue is that normally in a PUD the
zoning exhibit is considered a preliminary plat then they go directly to the final plat
stage. He said that in this particular case a preliminary plat has not been submitted for
consideration with the zoning change. The applicant will be required to submit a
preliminary plat with all of the engineering requirements for approval prior to submitting
a final plat. Mr. Niederauer said that staff concludes, that it is a speculative zoning
change and staff recommends denial because we don't know what is specifically
designed for the area.
Commissioner Edwards said that they may ask the applicant to not ask for a special use
and request that when they have a specific use for the property. Commissioner Gasper
said that she was under the impression that had been the practices that the SUP was
not granted until there was a for real instance to grant it. Commissioner Edwards said
that there are a group of lots in front of Bransford Elementary that an area was granted
a SUP and then the property was and will be divided for appropriate restaurants along
Highway 26. She said that this was done to encourage development and it depends on
the situation.
Tom Niederauer said that a similar SUP was granted along State Highway 121 for
restaurant and hotel alcoholic beverage related uses in order to attract business. He
said that the properties will still need to be platted and have site plans approved.
Commissioner Gasper asked what impact will the development have on the remainder
of the undeveloped land adjacent as it is one of the last large tracts of property within
the city limits. She wanted to know if this development will either encourage or
discourage future development and if it will encourage development, what type. Tom
Niederauer said that these parcels are fairly small lots, but there are singular uses for a
convenience store on the corner, and two restaurant sites. Barry LeBaron responded
that it may hinge on the Commissioner perspective as to whether or not you think this
will be a stimulus to new development.
Commissioner Gasper asked what is proposed across the street. Commissioner
Edwards said that there is a lot more traffic through the area now that Rumford is
opened, but she has not seen any thing proposed. Staff said that they are not aware of
any firm plans. Barry LeBaron said that there is a Thombury residential subdivision in
the area. Commissioner Edwards said that there is some development proposed to the
north that may be a Wal-Mart. Barry LeBaron said that further north at North Tarrant
Parkway and Davis Blvd. there is a proposed Wal-Mart Super Center. He said that
there is an Eckerd's and a Walgreen's in the location now.
Commissioner Edwards moved to remove the item from the table. Commissioner Wall seconded the
motion. The vote being:
Ayes: Gasper, Edwards, Hocutt, Hollis, Wafl, Hifl, Hart
Noes: None
Kipp Whitman was present to represent the case. He said that have amended their
request and they have pretty much gone back to the original plan. He said that it was
not their intent to import dogs to Colleyville, but out of the blue they were contacted with
an attractive offer from the kennel. He said that had it been approved and had they
closed on the purchase, it would have given them a lot of leverage to bide their time and
pick and chose what kind of uses they would like to sell the property to. He said that
now they are back to rezoning and they want to encourage buyers to come to this
property. Mr. Whitman said that in regards to granting SUP's on the unknown, it was
done on their property at John McCain and Highway 26 for the intent of bringing a
service station to the location. He said that it was also granted to them at L. D. Lockett
and Precinct Line in order to attract business and they have done it. He said that they
were able to attract a service station and a strip center and a future site for a sit down
restaurant. He said that they are asking at this time for approval of the SUP for the
potential business they can attract. He said that the attractions goes in the fashion of
they have a parcel that is already rezoned, it's already set to go and they won't have to
worry about if they'll be approved or sell alcohol at the location. Staff and Council have
set the parameters for the development.
Mr. Whitman said that the reason they wish and desire to be approved for Council to
review the potential buyer's plans versus staff is to get it through staff quickly. He said
that otherwise it will languish for months. He said that it is historical that it takes time to
go through staff because they have a lot of things to do, and rather than giving staff
twice the things to do, if they get Council's approval on the design, it can go back. He
said that the purpose is to speed development because it has definitely stopped in our
city. He said that development has come to a dead halt as everybody is trying to do
things and it's a very complicated issue. An idea for a gas station on every corner it will
not happen, as this may be the last corner to have one. He said that the rear portion of
the property will be developed into offices and they may not provide much of a tax base
for the city, unless they are a sales offices.
Mr. Whitman said that the convenience store will bring tax revenue especially for the
alcoholic beverage sales. Mr. Whitman said that he has been told that he shouldn't talk
about alcohol, but he needs to go in with the confidence that we are adults and most
drink wine and where do they buy it in the area. He said that we purchase it from either
a gas station or the super market. He said that the people in North Richland Hills buy
their wine from Colleyville. He said that in reference to the question about what is
planned for across the street, North Richland Hills does not want to see commercial in
that location but want it on Davis. He said that Precinct Line grows with traffic everyday.
Mr. Whitman said that Wal-Mart that is coming begins by this corner and then heads
towards Davis and his development will be one block from the Wal-Mart. He said that
he can't wait for Bill Souder to sell his property as he is tough in business. He said that
he needs the Commission's vote for approval, so they can get business started. Mr.
Whitman said that he has someone they are talking to but cannot divulge who it is
because Colleyville has already turned them down for another location. The retail
business they bring in and the office pad sites they can develop will be much more
profitable for them in the long run than the three churches who want to build at this
location. He said that the idea of a convenience store selling beer and wine, their other
location at L. D. Lockett abuts Bear Valley Church and the pastor came before the
Commission and said they liked what he is doing and did not oppose the project. He
said that their difficulty is marketing as they do not have the assistance of the city and
they need to market it themselves.
Commissioner Gasper asked Mr. Whitman if he owns the property and if they have solid
tenants. Mr. Whitman responded that they do own the property and they have one very
serious contender right now and other possible commitments pending on the other one
committing. She asked about the office sites and restaurant sites how large would the
buildings be going onto those pads. Mr. Whitman said that the buildings in the back may
be 3,000 to 7,000 feet, but if someone wanted more space, they would combine a
couple of the lots. He said that they would like to develop a pond in the back as this will
be a drainage issue and will do it at the time of platting. Commissioner Gasper asked
how many square feet would be at the service station site. Mr. Whitman responded that
it would be 4,500 s.f. She asked if he has done a survey as to how saturated the
market is with gas stations. Mr. Whitman said that it depends on the stations, as there
are ones with no alcoholic beverage sales, but his convenience store will compete with
wine sales. He said that in regards to the stations that closed down on the Central and
Harwood corner in Bedford, Chevron had ownership issues and Exxon had tank issues.
Commissioner Edwards asked staff if Remington Park would be connecting to Lavaca
and increasing the traffic in the area. Staff answered that it would.
Commissioner Gasper asked if the service station will have fast food sales. Mr:
Whitman said that the group he is talking to have not disclosed that to him.
Commissioner Hocutt asked for clarification of the difference and locations of the
Special Use Permits. Mr. Whitman said that the SUP for alcoholic beverage sales with
off premise consumption is for the lot on the corner associated with the convenience
store and Lot 2, facing Precinct Line, is for on premise consumption limited to a
restaurant. The multiple offices located on the lots behind will draw customers.
Commissioner Edwards said that she realizes that it is speculative but she is willing to
support it.
Barry LeBaron said that the request that is before the Commission is what they already
approved and went to Council, and while it was at Council the kennel came into play,
He said that Council recommended that it go back to P8Z. Barry said that now that the
kennel is removed, it is being treated as a new application.
Commissioner Gasper asked Barry to expand on the issues on the briefing that it is not
compatible with the surrounding area. Barry LeBaron said that staff is concerned about
the practice of chopping up the larger portions of land for a service station and they
don't want to see every corner being a convenience station. He said that if the
developer had a firm package, staff would be willing to give up the convenience store.
Chairman Hart asked Economic Development Manager Mike Soab if the special use
permit would enhance quick development of the property. Mr. Soab said that the
difference of looking at this as an entire puzzle or as a piece of the puzzle. He said that
they should look at the entire vision for Precinct Line Road as they will have many large
parcels behind small parcels if they keep carving out small pieces. He said that the
vision for Colleyville is not for fast food restaurants and the special use permit is o.k. for
sit down restaurants. Chairman Hart asked what is the difference Mr. Whitman's
development on the L. D. Lockett site as this is a clone of that site.
Mr. Soab responded that it all goes back to vision as to what we expect Precinct Line
Road to look like. Commissioner Hill said that it would be great in a utopian world, but
the city controls the uses of the property, but now what property owners can do,
combine, and sell. He said that he loves churches in the abstract, but they don't
produce revenue for the city and people can't hold property indefinitely. He said that is
his dilemma as he looks at these types of things. Mr. Soab said that they do make
these decisions all of the times to allow speculative ventures go forward and in and of
itself the deal is not bad, but in the interest of Colleyville is it the best deal for the city.
He said that is the decision that the P&Z and Council will have to make, not staff and
himself.
Commissioner Wall said in reference to Mr. Soab's comments about hiding large
parcels of land, he asked about the potential development of the lots located in the flood
plain. Barry LeBaron said that they can fill some areas of the flood plain to reclaim some
of the property. He said that some times they put in detention facilities and if designed
properly can be an enhancement to the property. Commissioner Edwards said that one
of the branches to Bear Creek is just to the south.
Commissioner Hocutt asked if there is anything in the city that has a convenience store,
a restaurant, and office buildings adjacent to it to help him visualize how this project
might look. Commissioner Gasper said that possibly where the Monet restaurant used
to be. Commissioner Edwards said that the corner of Hwy. 26 and Brown Trail has a
Mobil, a cleaners, and a Hi-Lo next to it. She said that the mixed use where Redentas
Nursery is located is a great look. Barry LeBaron said that if you look at the
development sequence of events that often occurs, the convenience stores pick off the
best corners first, then the others come along afterwards. He said that he thinks that is
a normal progression because they have to get their foothold first, they recognize that,
and the dollars involved are such that they're allowed to do that. He said that is one of
the things the Commission needs to weigh and ask if that is something we want to see
as our long range vision. He said that he can see why it is advantageous to the
developer to change this from the current residential zoning to something he can
market. He said that if he has commercial zoning in place with special use permits for
alcoholic beverage sales either off premise or on premise, he can increase his
opportunities to get someone in there.
Commissioner Gasper asked Mr. Soab what he would envision if the Commission does
not do this as far as a long range development that would be in the best interest of the
City and how long will it take for us to get there. Mr. Soab responded that a lot of it is
timing of the Wal-Mart and it depends on how soon they go in. He said that once Wal-
Mart develops, the whole area is going to boom and it will probably take 12 to 18
months for that to happen. Commissioner Gasper asked Mr. Soab that if hypothetically
they want to wait 18 month, what is likely to happen with the whole area not just this one
individual tract. Mike Soab said that if you follow Mayor Souder's line of thinking at the
last meeting, he talked about combining tracts into bigger pieces for bigger users. He
said that he knows the city has a big box ordinance going through the system now and
the Mayor and City Council wants to have major sales tax generators on Precinct Line
Road. He said that major does not mean 2,500 or 3,500 s.f. stores that generate a little
bit of sales tax, he's talking about hundreds of thousands of dollars. He said that the
City is rapidly running out of commercial land for the big boxes and this is a major
opportunity for them. He said that he would hate to lose it for a corner. He said that it
may not affect it at all.
Commissioner Edwards said that theoretically there is still room for that type of
development. Mr. Soab said that there is still room on Precinct Line Road for large
development. Commissioner Hill said that it is an interesting thing to think about.
Commissioner Edwards said that her thinking is that it would be great to have one big
development right now, but they are having a hard time getting commercial. She said
that she is hoping that if they go ahead, it would be great if lots would combine to make
an even bigger development. Commissioner Edwards said that she is willing to take
that risk that it might happen, and if not, what they get will be sufficient for what they
have there and she is willing to take the risk to wait. Mike Soab agreed that it is a
subjective thing.
Commissioner Wall asked Mr. Soab to give him an example of a fast food restaurant
that needs an on site alcoholic beverage license. Mr. Soab said that Taco Cabana
serves alcohol and has a drive thru as well. He said that most sit down restaurants do
not have drive thru windows. Commissioner Wall said then there would be no reason to
grant a special use permit for on site alcoholic beverage consumption for the zoning to
be CC-2. Mr. Soab said that is a separate issue and one other example is Railhead
Restaurant has a drive thru and sells alcoholic beverages on the inside. He said that
the CC-2 is a separate issue from alcoholic beverage sales. Commissioner Edwards
said that if they approve a special use permit, a fast food restaurant could locate on the
property and not utilize the permit. Mr. Soab said that was correct. He said that on the
Bransford Road area blanket special use permit, he did not believe than anyone is
selling alcoholic beverages, but on Highway 121 it was very advantageous to have it.
Commissioner Hocutt asked staff if the Keller ISD still wants a school just north of the
area. Mr. LeBaron responded that they were wanting to build an elementary school.
Commissioner Gasper what distance is required between a school and an
establishment selling alcoholic beverages. He said that is 1,000 feet and that is not an
issue at this location. Commissioner Hocutt asked what the projected look is for the
landscaping for the corridor. Mr. Whitman said that his set backs are pretty significant
as is the voluntary setback on the L. D. Lockett site. He said that it is setback with a 40'
building line that includes landscapes to give it a classic look all along Precinct Line in
Colleyville. Mr. LeBaron said that Mr. Whitman is proposing a 40' landscape buffer
along Precinct Line Road. Mr. Whitman said that in regards to the dream of Big Box
uses he said that he gave the Commission a thick packet of what is going on in Wal-
Mart. He said that it would be lovely to have some big box users like Best Buy, but they
won't come because they are already going into Grapevine. He pointed out of the map
possible locations and said that he doesn't see anything happening and he doesn't see
anybody knocking down doors to come to Colleyville. He said that this is an irregular
piece of property he is working with and he would love to work with Mayor Souder to do
something, but they can't get a consensus of prices to cross over and market. He said
that there is a need for something to develop and he is the only developer on Precinct
Line doing anything. He said that he needs a drive thru and it won't impact anything
behind the site. He said that if he is going to build offices behind the commercial, he
surely doesn't want to be looking into the back end of a gas station. He said that if he
sells the corner, it will not have a normal look at the back, because it would be too
difficult to sell the balance of the land. Mr. Whitman said that he wants to make the
project as neat as he can.
Commissioner Hocutt moved to suspend the rules and open the public hearing.
Commissioner Edwards seconded the motion. The vote being:
Ayes: Edwards, Hocutt
Noes: Gasper, Hollis, Wall, Hill, Hart
The motion did not pass.
Chairman Hart said that they have had a pretty significant length of time to discuss the
case.
Commissioner Edwards moved to recommend approval the zoning change with the requested special
use permit. Commissioner Hill seconded the motion.
Commissioner Hocutt said that he is concerned because we already have property on
L. D. Lockett basically zoned the same way. He said that we have an opportunity to
look at the actual versus a projected in terms as to what real revenues the city will reap
from sales from restaurants and alcoholic beverages in a convenience store that has
not yet been developed. He said that we get a sense of emergency that it has to be
done now because there is a perspective buyer and the perspective buyer won't
disclose who it is because they've been turned down in the past. He said that this is an
opportunity to look at an actual versus projected. Commissioner Edwards said that it
depends on how soon the actual will take place. Commissioner Hocutt said that if the
actual is not going to take place pretty soon, then why should they zone something else
for the same purpose.
Chairman Hart said that Mr. Whitman is the owner of the land and he has brought the
request before them. Commissioner Hocutt said that he is thinking about the overall
vision for Colleyville in terms of what they want there in the Western corridor.
Commissioner Gasper said that since Mr. Whitman owns property she has a strong bias
and favor for owners being able to do what they would like to do with their own property
absence some compelling public interest. She said that she for one does not see the
compelling public interest.
Commissioner Hill said that he is afraid that they will see a non tax producing property
would go there like a church since it seems to be church row already and he not getting
down on churches. He said that at some point in time a property owner who is occurring
a debt load will need to do something with the property. He said that he sees that the
owner has been incurring debt service for several months and you can't do that
indefinitely. He said that his sense is that if there were a reasonably workable plan to
couple with another developer or two to create a larger tract for a big box, Mr. Whitman
being a businessman would want to entertain it.
Commissioner Wall said that Mr. Whitman has made it known to the Commission that
this is going to be a quality development and he takes the man at his word.
Commissioner Gasper said that there are provisions like a 35-point architectural design
score on all buildings and the landscaping buffers, so the city does have a fair amount
of protection that it will be quality.
Chainman Hart called for the vote. The vote being:
Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart
Noes: Hocutt
~do~d. ~~. ~aao 3:51rh~
~y V • . ~ ~
SRG
Doug Henderson, AICP
3602 Lake Champlain
Arlington, TX 76016
I~Tovember 15, 2000
The Honorable Members of the City Council
City of Colleyville
5400 Bransford
Colleyville, TX 76034
Re: Lavaca Trail PUD Ordinance 0-00-1255
Dear Honorable Members of the Council:
At the first reading on the subject ordinance, we mentioned that we were making progress in
our efforts to attract major tenants to the Lavaca Trail development. We are now even closer
to making an official announcement in this regard. To enable us to prepare additional data
for your consideration, we would like to ask the City Council to take the following actions on
November 21, 2000:
1. Conduct the second reading as required by notice and the City Charter.
2. Continue the public hearing, or close the public heari>ag and continue the
Council discussion untail December 5, 2000.
This will allow the case to move forward without new consecutive readings. We have
continued to work with adjacent property owners and do not feel there is anyone opposed to
the development at this time.
Thank you for your willingness to work with us in achieving the Western Gateway vision.
Sincerely,
Doug Henderson, AICP
SRG (817) 7Z9-7006 FaY(817) 572.6227
ECEIVE
N~ v ~ ~ ~nno
CITY OF COLLEYVILLE
BY COMMUNITY DEVELOPMENT
ORDINANCE 0-00-1255
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
representing Kipp Whitman under Case No. Z-00-070; and
WHEREAS, the City of Colleyville has complied with the not cation requirements of
the Texas Local Government Code and the Colleyville Land Development
Code; and
WHEREAS, the Planning and Zoning Commission has held public hearing and made
recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests 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 Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the attached Zoning Map, Exhibit "A", and described by
metes and bounds, as contained on the attached 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, and including any other conditions and
restrictions imposed and approved by the City Council, which are
incorporated herein.
Sec. 2. THAT this PUD-C shall be 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.
Ordinance 0-00-1255
Page 2 of 4
b. This property shall be subject to all the regulations contained
in the Colleyville Land Development Code, except where
amended by this ordinance.
c. Parking associated with each use may be constructed on any
lot in the subdivision, provided that all of the provisions of
Section 3.29.6 - "Off-Street Parking Requirements" of the
Colleyville Land Development Code are met.
2. SITE PLAN AND PLATTING
a. Prior to the issuance of any development permits within this
PUD-C and as a condition to the development of the subject
property, the developer shall obtain approval of a preliminary
plat and final plat of the property in accordance with the
procedures and requirements of the Colleyville Land
Development Code.
b. The subdivision plat shall be generally consistent with the
Site Plan attached as Exhibit "C", which shall be considered
conceptual only. The actual street and lot arrangement may
differ from that shown on Exhibit "C", to accommodate
topographic, drainage or other conditions. In approving the
preliminary and final plat, the approving body shall exercise
complete discretion over roadway design, lot size, lot shape,
building lines, set-back lines, open space, and all other
aspects of the plat; provided, the approving body shall not
approve anything inconsistent with the other conditions of
this ordinance.
c. At final platting, a joint access easement of 30 feet wide shall
be provided to connect all lots to a public right-of-way. An
agreement permitting vehicle access across all lots shall be
noted on the Final Plat.
d. There shall be a landscaped buffer strip a minimum of 40
feet in width along Precinct Line Road and a minimum of 20
feet in width along Lavaca Trail. The only paved areas
permitted within the landscaped buffer strip shall be
sidewalks and access drives.
e. Building line setbacks shall be 40 feet along Precinct Line
Road and 20 feet along Lavaca Trail. Side and rear building
setbacks shall be 20 feet from all other perimeter lot lines.
Ordinance 0-00-1255
Page 3 of 4
f. 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.
No drive entrance shall be closer than 150 feet to the south
line of Lavaca Trail.
3. PERMITTED USES
a. All commercial and office uses allowed in the CC1-Village
Retail and CC2-Shopping Center zoning districts shall be
permitted in this PUD-C.
b. A convenience store with gasoline sales and a Special Use
Permit for alcoholic beverage sales for off-premises
consumption will be permitted on Lot Three.
c. A Special Use Permit for alcoholic beverage sales for on-
premises consumption as an accessory use to a restaurant
shall be permitted on Lots One and Two.
4. OPEN SPACE. LANDSCAPING 8< SCREENING
a. A six foot (6') photinia hedge shall be required along the
southern property line of Lots 3 and 8 and along the western
line of Lot 8 as indicated on the attached Exhibit "C". This
hedge must be in place prior to the issuance of a building
permit for each respective lot.
b. Each lot shall be landscaped in accordance with the
landscaping standards contained in the Colleyville Land
Development Code.
5. DESIGN SCORES AND SITE PLAN APPROVALS
a. All buildings shall meet a minimum building design score of
35 points, in accordance with Chapter 6 of the Land
Development Code.
b. Before a building permit may be issued, the Site Plan
Application including all building elevation drawings, must be
approved by the Development Review Committee (DRC)
and the City Council.
Ordinance 0-00-1255
Page 4 of 4
Sec. 3. 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. 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 ~'
2000.
ATTEST:
Cynthia Singleton
City Secretary
CITY OF COLLEYVILLE:
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
DESCRIPTION OF PROPOSED LA VACA TRAIL, BLOCK 2
A part tithe R.H. MCEVNNt3 SURVEY, Abstract No. 1154, skuated h ltre City dCoMeyvlNe Tartarrt
County, Texas: and ensbraCirp d tithe 5.418n000 acres Trsd dssertbsd h Ilse deed b Lavaca
Trd. LLP recorded h vottans 1 X52, gape 52 of the Dead Records d Tenant County, Tsxss and aN
d the 4947/100D d an acro tract described h the dead to Lavaca Trd, LLP receded Jn whims
14221, pope 73 d the said Deed Records end desahedi~r metes and bawds as follows.
Bspinninp at a K" iron found for the norltsesst corner d the said 5-41811000 aces Tact and the
rroNrwest comer d Lot 5 t3ioda 1 L/-VACA TRAIL ADDITION. ors addNbrs to ttre CIy d CoOsyvills as
sold LOt 5 appears upon the plat theroof rscoMed h volume 388-114. pope t00 tithe said Desd
Records and h the south right-oRway d Lavaca TraN (a 8C public right-oFwa~.
Ttssrsce samr 1 dpross-50 minutes-coal, None tM east Nns d said ~418/100o ae~s Trod and fhs
west Nrse d said Lot 5, ^ distance d 8t9-02n 00 fast to a 1' pips forurd 1br ttre sordltsast terser d
said 5.41811000 aces Tram M Bra west Nns d aNd Lot 5 and the nortfteast oorrrsr tittle 7 261n000
aa~s Trail desalted h 1M deed to YIIiNIam D. Sootier Inwstmsnts rsoorded h vchane 8061. papa
1452 d Use said Deed Records.
Ttrarrce north 88 depress-11 minutes-50 sscorrds west. along the soWr Nrra d sold 5.418/t000 aaas
Trail and the north Nne d sold 7.251/1000 saes Trail.232-7&100 Med to a K" iron fcrssd for the
most sotdMrly souttrwsst comer d sshi 5-418/1000 says Trail and the soutfnast oornsr tithe
1-17n 00 aa+n Trod described h the deed tD YYNliam D. Sootier rocordad ht voisane 12885, peps
795 d the said Deed Reaxds.
Thanos north rto dspross-27 minusra-09 seconds east, along the west Wrs d said S~tt 811000 saes
Trail and ties east Nns d said 1.17/100 acres Trsd 184.121100 test b a 112" iron burtd for ttre
saAhsast axnsr said 4917/1000 sass ttsct
Tharsa rwrth 88 dspross-ti6 minutes-22 ssoonds west, slonp IM common Nne d sold 4ti17n000
aces trail and said 1-171100 ease tract. 313-09n00 Mel to the southwest corner d said 4917/1000
ease tract h the cad NrN d a 4111n 000 d an acre trail dqulbed in the deed to the Stale d Texan
recorded h vdunse 12045. pope 1892 tithe said Deed Reaada.
Ttsencs north no degrees-31 minutes-09 seconds sul. abnp fhs common ores d acid o-9t7nooo
acros trod .red said 4111/1000 d an aero trail 127-09/100 Mil to a 5185' iron rocaded for the
northwest corner d said 4917/1000 d an acre trod, the northsad cortrer d said 411110000 sass
trod and the southwest corrrsr d said s-418n o0o Gros tract and the aouttrsast axsrar d a
4291/1000 d sn aa+s trod desalted h the deed to tM 8tate d Texas rocorded h vohsns 12018,
page 1036 tithe said Dssd Reaxds.
Thersos h the east rlpM-ol-wry d t~rechrct tins Rasd (a variable widllt pubNc right-o~wa~.
Thence rsorth no dsgroes-31 minutsa-09 secorMs east. alorp the commons Nns d Bald 5~418I1000
saes trod and said 4291/1000 d an acro Trail. 281-99n00 Met to a axraete rtpht-o4~way
monument faxtd.
Thence north 32 dsgrosa-38 minutes-41 seconds east, along the sastsry rlpht~Fway d sold
Pncirrct Line Road, 47-031100 Met to a axrcx~Ne rlpM-ot~ray momtnrsrrt I~orxid tbrthe norllrsry
northwest conNr d old 5.418h 000 acne trail In the south rlpM-of-wry d said Lavaca Trd.
Thence south e9 degrees-10 minutes-10 seconds east, abrrp the north Nne d said 5.418n000 sass
Tract and the south ripM-of-wrry d said Lavaca TrNI.495.81/100 Met 1o the place d beplnrslnp and
amntaininp 8-33511000 sass.
The basis for bearings is the east line of said b-418/1000 acros Tact per deed rrf].
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ZONING PROPOSAL -LOT LAYOUT - EXHIBIT'C'
CITY COUNCIL
~u> ni
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J Teas
AGENDA BRIEFING
For mt .: 11/21/00 CMO Approval:
Item #
6
Ordinance #
0-00-1256
Previous Action: None
DEPT.
ENGINEERING
SUBJECT
Approval of an amendment to Ordinance 0-00-
1231, amending Chapter 50, Article II, Flood
Hazard Area Regulations, of the Colleyville Code
First Reading and Public Hearing
Background
In 1995, the City of Colleyville adopted Ordinance 0-95-998 for regulating and
controlling construction within the flood hazard areas of the City. On August 15, 2000,
the Colleyville City Council adopted Ordinance 0-00-1231, amending the current
floodplain ordinance at the request of the Federal Emergency Management Agency
(FEMA) to be in compliance with federal guidelines. This ordinance was amended and
forwarded to FEMA for their review and approval. The FEMA review has generated two
required changes of the current ordinance, which must be made prior to FEMA's
approval of this ordinance.
(continued)
CITY I,OAIVAGER,
DEflARTMENT HEAD
FI IAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-00-1256
Page 2
The following are the two required changes:
1. Section A. Statutory Authorization, "State Statute - Vemon, Texas Civil Statutes
Chapters 16.315 to 16.318"
2. Section E. Definitions. Item 24, Floodway (Reculatorv Floodway), °a designated
height or creating any negative impact on surrounding properties"
Financial Impact
Colleyville residents could lose their ability to obtain federally subsidized flood insurance
if not approved.
Recommendation
Approval ~of Ordinance 0-00-1256.
Attachments
Ordinance 0-00-1256
ORDINANCE 0-00-1256
AN ORDINANCE AMENDING ORDINANCE 0-00-1231, 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 State Statute -
Vennon, Texas Civil Statutes Chapters 16.315 to 16.318, delegated the
responsibility of local govemmental 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
govemmental 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 0-00-125
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, ga:
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 0-00-1256
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
Administrator's 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 A0, 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 cone-percent or greater chance of flooding in
any given year.
(6) Base Flood-means the flood having gone-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,
Oniinance 0-00-125f
Page 4 of 22
excavation or drilling operations or storage of equipment nr
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 determinir~^
rates, structures for which the "start of construction" commenc,
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 (inGuding, 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) Exuansion 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 0-00-1256
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 Maa (FHBM1-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.
(1fi) Flood Insurance Rate Maa (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) Floodalain or Flood-Prone Area-means any land area susceptible
to being inundated by water from any source (see definition of
flooding).
{19) Floodulain 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) Floodalain 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 Svstem-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-~0-125f
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 witl'
sound engineering standards.
(23) Flood Proofing-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 real
property, water and sanitary facilities, structures and their contents.
(24) Floodwav (Reaulatorv Floodwavl-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 a
designated height or creating any negative impact on
surrounding properties.
(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) Hi4hest Adjacent Grade -means highest natural elevation of the
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
Interior; or
Ordinance 0-00-1256
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 Svstem-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 0-00-125E
Page 8 of 22
December 31, 1974, whichever is later, and includes am
subsequent improvements to such structures. For floodF
management purposes, "new construction" means structures 7~r
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
manufactured home park or subdivision for which the constructior
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 thEr
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.
Oniinance 0-00-1256
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 Dama4e- 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 Imarovement- 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 Surtace 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 0-00-125
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 scient~c and engineering report entitled, 'The
Flood Insurance Study for Tarrant County", dated 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 part of this ordinance.
H. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the
provisions of this ordinance.
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 exist.
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 of
special flood hazards or uses permitted such areas will be free fro
flooding or flood damages. This ordinance shall not create liability on tl.
Orciinance 0-00-1256
Page 13 of 22
(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;
(h) The necessity to the facility of a waterfront location,
where applicable;
Ordinance 0-00-125
Page 14 of 22
(i) The availability of alternative locations, not subject. t~
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 communit}
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 judgemen'
on an appeal only when it is alleged there is an en-or in any
requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of thi:
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.
(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
Ordinance 0-00-1256
Page 11 of 22
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 Ftood 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 Resource
Conservation Commission, prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
Ordinance 0-00-12f
Page 12 of 2L
(7) Assure that the flood carrying capacity within the altered c
relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided i~
accordance with subsection G, the Floodplain Administrator shall
obtain, review and reasonably utilize any base flood elevation dat~
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) sha„
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 anc,
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 ;~
community's FIRM which increases the water surface elevation,
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;
(b) Elevation in relation to mean sea level to which any
nonresidential structure shall be flood-proofed;
Ordinance 0-00-1256
Page 15 of 22
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
minimize flood damages during the base flood and create no
additional threats to public safety.
Ordinance 0-00-1256
Page 16 of 22
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 air
conditioning equipment and other service facilities that are
designed andlor 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 floor
(including basement), elevated 2 feet above, or as otherwise
determined by the Floodplain Administrator, the base flood
elevation. A registered professional engineer or registered lance
surveyor, registered in the State of Texas, shall submit
Orciinance 0-00-1256
Page 17 of 22
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.
Oniinance 0-00-125
Page 18 of 22
(d) Manufactured Homes-
(i) Require that all manufactured homes to be placec
within Zone A on a community's FHBM or FIRM
shall be installed using methods and practices
which minimize flood damage. For the purposes o
this requirement, manufactured homes must be
elevated and anchored to resist flotation, collapse
or lateral movement. Methods of anchoring mal
include, but not be limited to, use of over-the-top
or frame ties to ground anchors. This requiremen
is in addition to applicable State and Lora,
anchoring requirements for resisting wind forces.
(ii) Require that manufactured homes that are placea
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 existinc
manufactured home park or subdivision, or (4) in
an existing manufactured home park
subdivision on which a manufactured home t,_ _
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 0-00-1256
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 vehiGe 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 0-00-1251
Page 20 of 2c
(4) STANDARDS FOR AREAS OF SHALLOW FLOODING AO/AH ZONES
Located within the areas of special flood hazard established in subsect~~~~
G., are areas designated as shallow flooding. These areas have specia
flood hazards associated with base flood depths of 1 to 3 feet where a
cleaMy defined channel does not exist and where the path of flooding iG
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 (includinc
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 deptt
number is specified).
(b) All new construction and substantial improvements tc
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 on
the community's FIRM (at least two feet if no de
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 0-00-1256
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 0-00-12:
Page 22 of 2z
ATTEST:
Cynthia Singleton
City Secretary
APPROVED AS TO FORM AND LEGALITY:
CITY OF COLLEYVILLE
Donna Arp
Mayor
Ross T. Foster
City Attorney
CITY COUNCIL
~i~r ~~
~, ~~
Tots
AGENDA BRIEFING
For mt .: 11121/00 CMO Approval:
Item #
7
Resolution #
R-00-1733
Previous Action: None
DEPT.
FINANCE
SUBJECT
Approval of renewing the loan with First State
Bank of Texas used to purchase a fire truck
Reading and Public Hearing
Background
On August 3, 1999 the Council approved a loan with the City's depository bank, First
State Bank of Texas, to purchase a fire truck for the Northwest fire station. The loan
bears a fixed interest rate of 5.6%, with principal repayments over five fiscal years. In
October we made the budgeted principal repayment of $50,000 leaving a balance of
$125,000. Resolution R-00-1733 authorizes renewal of the loan and authorizes the
Mayor and City Secretary to execute the loan renewal documents.
Recommendation
Approval of Resolution R-00-1733.
CI MAN GERM
DEPART H D
FINANCIAL REVIEW (IF NECESSARY)
RESOLUTION R-00-1733
A RESOLUTION APPROVING THE RENEWAL OF THE LOAN WITH FIRST STATE
BANK OF TEXAS USED TO PURCHASE A FIRE TRUCK
WHEREAS, the City of Colleyville, Texas has a loan _with First State Bank of Texas,
and recently made the FY 2001 budgeted principal payment of $50,000
leaving a loan balance of $125,000; and
WHEREAS, the loan must be renewed and such loan is authorized by resolution
under Section 9.07 D. of the Charter of Colleyville, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1 THAT the City Council of the City of Colleyville, Texas, does hereby
authorize the renewal and extension of the loan (#2002460) in the
amount of One Hundred Twenty-five Thousand ($125,000.00) Dollars
from First State Bank of Texas; and
Sec. 2 THAT the City Council of the City of Colleyville, Texas, does hereby
authorize the Mayor and the City Secretary of the City of Colleyville,
Texas, to execute the renewal and extension of loan (#2002460) in the
amount of One Hundred Twenty-five Thousand ($125,000.00) Dollars
bearing interest at a rate of 5.60%.
AND IT IS SO RESOLVED.
Passed by a vote of ayes, nays, and
day of , 2000. abstentions on this
ATTEST:
Cynthia Singleton
City Secretary
CITY OF COLLEYVILLE
Donna Arp
Mayor
CITY COUNCIL
C~~~" of
'~
YYYYY 7rxas
AGENDA BRIEFING
For mt .: 11!21/00 CMO Approval:
Item #
8
Resolution
N/A
Previous Action: None
DEPT.
ENGINEERING
SUBJECT
Discussion and consideration of a request by Mr.
David Bagwell for reimbursement of $13,438.75 to
Goodacre Limited Partnership for the cost of
oversizing waterlines within the Westmont
Addition, prior to acceptance of all public
improvements
Background
The Westmont Addition began construction in October of 1999. Over the past year this
development has grown toward completion with all infrastructure and public
improvements being installed. The following list is a comprehensive outline of the
course of events. Authorization for Construction Letter (October 1, 1999), pundi list
from Public Works (July 19, 2000), Engineering punch list (July 20, 2000), revised
Engineering punch list (September 7, 2000), revised Engineering punch list (September
13, 2000), Engineering Conditional Letter of Acceptance (September 20, 2000), and the
Westmont Trail System punch list (October 16, 2000).
(continued)
FI IAL REVIEW (IF NECESSARY)
Agenda Briefing
Page 2
The developer has requested reimbursement for oversizing costs as agreed in the
City/Developer Agreement which was approved by Council on September 19, 2000.
This is commonly not done until after the City of Colleyville has accepted the
subdivision. Engineering staff met with Mr. Justin Stratton (who works for the
Developer) on Tuesday, November 14, 2000, to walk through the subdivision and list
any remaining deficiencies. This was done and a copy forwarded to the developer on
Wednesday, November 15, 2000.
Financial Impact
Funds for the City's participation in the oversizing of waterlines is available from the
1998 Water and Sewer Revenue Bonds.
Recommendation
Denial of request for reimbursement prior to final acceptance of the Westmont Addition.
Attachments
Memorandum to Dianne McWeathy, dated November 10, 2000 (paper copy only)
Authorization for Construction Letter (paper copy only)
Public Works punch list (paper copy only)
Engineering punch list, dated July 20, 2000 (paper copy only)
Punch list update, dated September 7, 2000 (paper copy only)
Punch list update, dated September 13, 2000 (paper copy only)
Trail System final punch list, dated October 16, 2000 (paper copy only)
Walk through final, dated November 15, 2000 (paper copy only)
MEMORANDUM
T0: Dianne McWethy, City Manager
CC: Bob Whitehead, P.E., Director of Public Services
FROM: Chris Steubing, Engineering ~lij
SUBJECT: Westmont Addition
DATE: November 10, 2000
I have compiled a packet at your request for the Westmont addition. Included in this
are the Authorization for Construction Letter (October 1, 1999), punch list from Public
Works (July 19, 2000), Engineering punch list (July 20, 2000), revised Engineering
punch list (September 7, 2000), revised Engineering punch list (September 13, 2000),
Engineering Conditional Letter of Acceptance (September 20, 2000), and the
Westmont trail system punch fist (October 16, 2000).
The process of developing and issuing a punch list begins with the Developer
requesting a walk through. After a walkthrough has been conducted the project
inspector will generate a punch list for the developer and associated contractors. On
October 6, 2000 Mr. Bagwell left a message requesting a walkthrough for the trail on
October 9, 2000 at S A.M. Due to scheduling conflicts this walkthrough could not be
conducted and was rescheduled for Tuesday, October 10, 2000. Keith Dovers and
myself accompanied Mr. Bagwell on a walkthrough and addressed concerns from the
previous punch list that had not been corrected. This was the last time a walkthrough
was conducted for the Westmont Addition. Mr. Bagwell contacted me on November 2,
2000 and Left a voice message requesting a copy of the trail punch list, as his copy
could not be located. A copy was faxed that same day to Mr. Bagwell's office. This is
the last correspondence from staff that has occurred regarding finalizing the Westmont
Addition.
Please review the attached documents and call me with any questions.
COO f~~`7
ENGINEERING DEPARTMEN
Texss
Date: October 1, 1999
Developer/Contractor.
The David Bagwell Co.
8222 Douglass Av~c., Suite 7'TO
Dallas, TX 75225
RE: Authorization for construction of Westmont
Dear Sirs:
The construction plans for the referenced improvements as submitted by PBS&J. Inc.
appear to be in general conformance to the minimum requirements of the City of
Colleyville Code. You may, therefore, commence construction of the ~ge_ Pavin¢_
Sewer and Water improvements on the plans stamped and dated November 19, 1999.
This 'letter does not constitute authority to violate any City Ordinance, and all
construction shall be performed according to good engineering practices. The Developer,
Owner, Developer's Engineer and/or Construction Representative and Contrastors
involved with these improvements are responsible for being familiar with the City of
Colleyville's construction standards, ordinances and fees which may apply to this project.
Also, in accordance with the Colleyville Tree Preservation Ordinance you may remove
orily those trees that fall within the streets R.O.W. or drainage and utility easements.
Trees outside easements or RO.W. may be removed following the approval of a tree
mitigation plan to be coordinated with Barry LeBaron in the City's Community
Development Department.
In addition to compliance with the approved plans and city ordinances, final acceptance
of these improvements will be subject to, but not necessarily limited to the following:
1) Approval and acceptance of the sidewalk/trail system;
2) Submittal of Construction Corrtracts;
3) Approval of City /Developer Agreement;
4) Payment of Inspection and plan review fees (5% of the total construction
cost for public improvements);
5) Provision of a two (2) year maintenance bond to the City of Colleyville for
the subject public improvements (amount being 10% of the total public
improvement cost);
6) Submittal and approval of one (1) set of reproducible Mylar's, two (2)
blueline sets of "Record" drawings and an AutoCAD disk copy of all
improvements which have been certified by the Design Engineer,
7) Payment of any overtime for the project inspector;
8) Completion of construction in a timely and professional manner not to be
released or accepted until all public improvements are completed;
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
city of
Please note that any revisions to the plans as reviewed for construction of Westmont
dated November 19 1999 must be submitted for approval and authorized by the City
within 10 days or construction will be halted until all commems are addressed and
resolved. Proper erosion and sedimentation control methods are necessary and must be
utilized throughout the duration of the project. Also you and your engineer will be the
primary contacts of any correspondence from us concerning this project- Please forward
necessary City authorizations and correspondence to your contractors. A final acceptance
letter wilt not be issued for this development until are public improvements are complete.
Therefore no building Permits will be released until all public improvements are
completed as according to the plans and City specifications.
Should you have any questions, please feel free to give us a call at 577-?587.
Sincerely,
~~„-~+'
Christopher Steubing, E.I.T.
Engineer I
CC: ~~ C. Robert Stripling, City Manager
Bob Whitehead, P.E., Director of Public Services
Keith Fisher, Engineering Manager
Keith Dowers, Project inspector
Clayton Husband, Community Development Coordinator
Randy Brown, Public Works Manager
Construction File
MEMORANDUM
TO: Jerry Jones, Street Superintendent
FROM: Jimmy Brock, Equipment Operator
DATE: July 19, 2000
SUBJECT: Pre acceptance inspection of Westmont drainage system
Donnie Parrish and I inspected the Westmont sub division as requested by Steven Cherry, Project
Inspector. The following discrepancies were observed with a recommended repair noted.
WESTMONT DR.
Joints sealed with inappropriate materials.
Remove defective materials and replace with Portland /sand mix.
6X4X6 boxes 1 concrete plug missing.
All holes are only in boxes for handling purposes and must be filled and sealed prior
to back filling the box. I recommend that the contractor re expose this box and
place the appropriate plug with mastic sealer around the plug.
FREEMONT CT.
Inlet needs 4-ft. concrete aprons on all four inlet mouths to prevent erosion.
Properly constructed aprons will have a poured to at the front.
GOLDEN CT.
Inlet is honeycombed
Needs to be grouted again honeycomb still visible.
WESTMONT 8~ GOLDEN CT.
East inlet has rebar sticking through gutter pan wall at bottom near floor.
Remove rebar and grout entire wall.
VINES CT.
West inlet has hole in first joint at top of pipe.
Expose the pipe and place proper mastic seal.
MUIR LANE
East of entrance at McDonwell School Rd. North side inlet has honeycombs.
Inlet needs to be grouted in west comer.
MCDONWELL SCHOOL RD. &MUIR LANE
Entrance off McDonwell: Pipes are half full of silt.
Clean all pipes and inlets prior to calling for final inspection.
MCDONWELL SCHOOL RD
Ditch bordering subdivision has no erosion control on banks.
Slope must be not greater than 3 to one ratios or banks must be rip rap. Sod placed on 3
to one slopes must be held in place with staples until roots are established.
Ci~Y of
July 20, 2000
David Bagwell Texas
The David Bagwell Co.
8222 Douglas Ave., Suite 770
Dallas, Texas 75225
Re: Westmont Addition-Final Punch list
Dear Sir,
ENGINEERING DEPARTME~
I have inspected the said project and before the City's Engineering Department can issue final axeptance,
the following will need to be addressed.
General
1. Install erosion Control and maintain. (on site and off site)
2 When installing erosion place gravel construction entrances to tree farm area.
3. Complete Lot grading to be accepted by engineering.
4. Dress-up and establish erosion control to and around pond.
5. Submit As-built plans for approval and on approval of rrwrk ups, provide 1 set of mylars,1
copy of computer disc in Auto CAD format and 2 sets of blue line plans. (Show ties to Valve
boxes, Water A l3ev+ror services, and off site utilities, indicate Field and engineer changes
etc.)
6. Establish elevation on Brass disc Benchmarks place on inlets and also, slow elevations on
As-built plans. (4 Locations)
7. Submit plan and install street signs as directed by City.
8. Remove Construction entry on McDonwell School Rd. re-grade ditch and establish erosion control.
Paving ~ Drainage
9. Dress-up around all Storrs Drain Headwall out falls, grade to drein and establish erosion control.
10. Re-work and establish drainage along John McCain Rd. and across emergency access. (Submit
Plan for engineering approval)
11. Grade to drain ditches along John McCain Rd., McDornvell School Rd., and Westcoat Dr.
(Establish erosion controq
12. Grade to drain flood plain area south of John McCain Rd. (Remove ramps in area)
13. Complete Marking face of curb indicating locations of all utilities. (Water Meters, SS Clean outs, SS
MH's, SS Services, Valves, etc.)
14. Fill in core holes in pavement with concrete. (3 located on Reverchon Ct.)
15. Clean debris out of Storrs Drain {fines and inlets.
16. TV Storm drain lines and submit to engineering for approval.
17. Install flume at north end of Cul~e-sac. (Reverchon Ct.)
18. Once above flume is installed and grade established, adjust and repair existing utilities in area. (2'
Water Blow off, Valve boxes, etc.)
19. Place rock rip-rap at ends of Storm Drain outlets as indicated on plans.
20. Submit plan and complete side walks along open spaces inside project. (Westmont Dr., Leopold
Ln., Muir Ln., Weller Ln., Vine Ct., Hillier Ct., FremoM Ct., and Reverchon Ct.)
21. Clean Streets.
22. Cut RCP Storm Drain pipe at sloping head walls along Westcoat Dr.
23. At overflow structure and triple 6' by 4' box culvert `A' (MBC) need more detail for drainage. (Grade
to drain out fall)
24. Complete overflow structure and back fill ends.
25. Seal saw cuts at inlet block outs.
26. Back fill and install concrete apron around area inlet near back of lob 3, 5 ~ 21, Block C and Block
K. Storm Drain line 'A-3'. (Fremont Ct.)
27. Back fill and install concrete apron around area inlet at back of lots 13 8 14 Block C. Storm Drain
line 'B'. (Compton Ct.)
28. Back fill and install concrete apron around area inlet at back of lots 19 8 20 Block C. Storm Drain
line 'C'. (Golden Ct.)
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
29. Golden Ct. remove concrete areas that are honeycomb in Storm drain inlets. (SD Line 'C-3 8 C~~
30. Muir Ln. remove concxete areas that are honeycomb in Storm drain inlet. (SD Line ~ wall
31. Westmont and Golden Ct. rebar is exposed inside inlet remove rebar and epoxy g
32. Clean sand and debris out of 2-24 RCP Storm Drain line `G'.
33. Clean inlet out on Vines Ct. (SD Line 'E-3~ and repair area.
34. First joint from inlet on Ynes Ct has a hole in the RCP expose pipe
35. Provide plan on detention structure at John McCain Rd.
36. Install flume at north end cul-de-sac of WeslmoM Dr.
37. Plug missing in trifle 6' by 4' box culvert, locate and repair.
38. Material breaking out of pre-test box joints inside the triple 6' by 4' box culvert. (Remove material
and submit type of repair.)
3g. Complete yard drain system to lots 1-12 Block A.
Water d. Sanitary Sewer
40. Repair HMAC on Westcoat north of McDonwell School Rd. at water tie-in and valve.
41. Relocate tree near Back of curb of Lot 6, Block C from SS Cleanout and install concrete pad and
plug.
42. Install Rainstoppers in all SS MH.
43. Install Hydra-Storz (Quick Cvnneds) on all FH's.
44. Fire Department to check and approve all FH's.
45. Clean Valve boxes out at comer of Fremont CL and Westmont Dr.
46. Provide Easement information for extension of 6' SS Line `E', in back and between lots 9 810
Block C. Complete installation of concrete pad and plug. (Quillin Ct.)
47. install 2' Blow off assembly at end of 8" water in bade of lots 13 814 Block C. (Compton Ct.)
48. Install 2' Blow off assembly at end of 8" water at lot 19 Block C. (Calder Ct.)
49. Install Clean out with concrete pact at end of 6' SS line `C'. (Golden Cf)
50. Install Clean out with concrete pad at end of 8' SS line `J'. (at Md3onwell School Rd)
51. Install SS plug in Clean out at end of tine `I'. (Hillier Ct.)
Also, contact the Engineering Departmerrt, concerning Maintenance Bonds, Inspection Fees, copies of
Contracts, City/Developer agreement and any other additional fees. All items in this letter must be
addressed and approved by the city's Project Engineer before final acceptance. Please notify City of
Colleyutile Engineering Department for the final inspection. Due to the large number of items to be
addressed, the Cily reserves the discxetion to amend this Gst as work progresses.
tiyou have any questions regarding this letter, please feel tree th contact Kellir Dovers, Choyce Morrow or
myself at (817) 577-7587.
Sincerely,
~~~
Steven R. Cherry
Project Inspector
CC: Bob Whitehead, Director of Public Services
Keith Fisher, Project Engineer Manager
Chris Steubing, Project Engineer
Choyce Morrow, PE Development Engineer
Randy Brown, Public Works Manager
Floyd Key, Key Squared, Mc.
Charles Adams, Mario Sinacola
Weldon Latham, Mario Sinacola
James B. Arnold, JBA Construction, Inc
Chris Blevins, PBSBJ Engineering
Fb. (c:1My Docunw~ 1 Wesh~ant ~ Punehlisq
--. ,` ~~~
.--J~
September 7, 2000
David Bagwell Texas
The David Bagwell Co.
8222 Douglas Ave., Suite 770
Dallas, Texas 75225
Re: Westmont Addition-Final Punch list (Progress update).
Dear Sir,
ENGINEERING DEPARTMEh
I have inspected the said project and before the City's Engineering Department can issue final
acceptance, the following will need to be addressed.
General
1. Install erosion Control and maintain. (on site and off site)
2. When installing erosion place gravel construction entrances to tree falm area.
3. Complete Lot grading to be accepted by engineering.
4. Dress-up and establish erosion control to and around pond.
5. Submit As-built plans for approval and on approval of mark ups, provide 1 set of mylars, l
copy of computer disc in Auto CAD format and 2 sets of blue line plans. (Show ties to
Valve boxes, Water ~ Sewer services, and off site utilities, indicate Field and engineer
changes etc.)
6. Establish elevation on Brass disc Benchmarks place on inlets and also, slow elevations on
As-built plans. (4 Locations)
7. Submit plan and install street signs as directed by City.
8. Remove Construction entry on McDonwell School Rd. re-grade ditch and establish erosion
control.
Paving b Drainage
9. Dress-up around all Storm Drain Headwall out falls, grade to drain and establish erosion control.
10. Re-work and establish drainage along John McCain Rd. and across emergency access. (Submit
Plan for engineering approval)
11. Grade to drain ditches along John McCain Rd., McDonwell School Rd., and Westcoat Dr.
(Establish erosion control)
12. Grade to drain flood plain area south of John McCain Rd. (Remove ramps in area)
13. COmpl@t@-Complete Marking face of curb indicating bcations of all utilities. (Water Meters, SS Clean outs, SS MH's,
SS Services, Valves, etc.)
14. COmpl@t@-FiA in coro holes in pavement with concrete. (3 located on Reverchon Ct.)
15. Clean debris out of Storrs Drain lines and inlets.
16. COmpl@t@-N Storm drain Gnes and submit to engineering for approval.
17. COmpl@t@-InstaN flume at north end of CuF-de-saa (Reverchon Ct.)
18. Once above flume is installed and grade established, adjust and repair existing utilities in area. (2'
Water Blow off, Valve boxes, etc.)
19. Place rock rip-rap at ends of Storm Drain outlets as indicated on plans.
20. Submit plan and complete side walks along open spaces inside project. (Westmont Dr., Leopold
Ln., Muir Ln., Weller Ln., Vine Ct., Hillier Ct., Fremont Ct., and Reverchon Ct.)
21. Clean Streets.
22. COmplete-Cut RCP Storm Drain pipe at sloping head walls along Westcoat Dr.
23. COmplet@-At overflow structure and triple 8' by 4' box cutvert'A' (MBC) need moro detail for drainage. (Grade to drain
out fall)
24. COmpl@t@-Complete overflow struduro and back fill ends.
25. Seal saw cuts at inlet bbdc outs.
26. COmpl@te-Back fill and install conuete apron around aroa inlet near back of lots 3, 5 a 21, Block C and Bock K Storm
Drain line 'A-3'. (Fremont CL)
27. COmpl@t@-Badc fill and instaN concrete apron around area inlet at bade of kris 13 ~ 14 Block C. Storm Drain line '8'.
(Compton Ct.)
28. COmplete-Back fill and instaN concrete apron around aroa inlet at bade of lots 19 ~ 20 Bk~dc C. Storm brain line 'C'.
(Golden Ct.)
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
___ __ _.
city of
29. Colden Ct. remove concrete areas that are honeycomb in Storm drain inlets. (SD Line 'C-3 & C-4')
30. Muir Ln. remove concrete areas that are honeycomb in Storm drain inlet. (SD Line 'F')
31. Westmont and Colden Ct. rebar is exposed inside inlet remove rebar and epoxy grout wall.
32. Clean sand and debris out of 2-24 RCP Storm Drain line 'G'.
33. Clean inlet out on Vines Ct. (SD Line 'E-3')
34. First joint from inlet on Vines Ct. has a hole in the RCP expose pipe and repair area.
35. Provide plan on detention structure at John McCain Rd.
36. Install flume at north end cul-de-sac of Westmont Dr.
37. Complete-Plug missing in triple 6' by 4' box culvert, locate snd repair.
38. Material breaking out of pre-cast box joints inside the triple 6' by 4' box culvert. (Remove material
and submit type of repair.)
39. COrTtplete-Compote yard drain system to lots 1-12 81odc A.
Water ~ Sanitary Sewer
40. Complete-Repair HMAC on Westcoat north of McOonwell School Rd. at water tie-in and valve.
41. Relocate tree near Bade of txtrb of Lot 6, Block C from SS Cbanout and install eonerote pad and plug.
42. Complete-Install Rainstoppers in alt SS MH.
43. Complete-Install Hydra-Storz (~uidc Connects) on all FH's.
44. Fire Department to check and approve all FH's.
45. Clean Valve boxes out at comer of Fremont Ct. and Westmont Dr.
46. Provide Easement information for extension of fi' SS Line 'E', in back and between lots 9 810
Block C. Complete installation of concrete pad and plug. (~uillin Ct.)
47. Cempiete-Install 2' Blow off assemby at end of 8' water in bade of tots 13 b 14 Biodc C. (Compton Ct.)
46. Complete-Install 2• Blow off assemby at end or s' water at tot 19 Block C. (Colden Ct.)
49. Complete-Install Ckan out with concrete pad at end of 6' SS line'C'. (Colden Ct)
sa. Complete-Install Ckan out with oontxete pad at end of 6' SS line'J'. (at McDonweN School Rd)
51. Complete-Install SS plug in Ckan out at end of Line '1•. (Hillier ct.)
Also, contact the Engineering Department, concerning Maintenance Bonds, Inspection Fees, copies of
Contracts, City/Developer agreement and any other additional fees. All items in this letter must be
addressed and approved by the city's Project Engineer before final acceptance. Please notify City of
Colleyville Engineering Department for the final inspection. Due to the large number of items to be
addressed, the City reserves the discretion to amend this list as work progresses.
If you have any questions regarding this letter, please feel free to contact Chris Steubing or myself at (817)
577-7587.
Sincerely,
~G D~
Keith Dovers
Project Inspector
CC: Bob Whitehead, Director of Public Services
Keith Fisher, Project Engineer Manager
Chris Steubing, Project Engineer
Choyce Morrow, PE Development Engineer
Steven Cherry, Project Inspector
Randy Brown, Public Works Manager
Floyd Key, Key Squared, Inc.
Charles Adams, Mario Sinacola
Weldon Latham, Mario Sinacola
James 8. Arnold, JBA Construction, Inc
Chris Blevins, PBSaiJ Engineering
File. (a1My Ootanrnts \ Wesb-iord 1 Pu~lut)
September 7, 2000
David Bagwell Texas
The David Bagwell Co.
8222 Douglas Ave., Suite 770
Dallas, Texas 75225
Re: Westmont Addition-Final Punch list (Progress update and Addendum).
Dear Sir,
ENGINEERING DEPARTMEn .
I have inspected the said project and before the City's Engineering Department can issue final
acceptance, the following will need to be addressed.
General
1. Relocate air relief valve to existing 12' transmission line at John McCain Rd. (as directed by City).
2. Lower manhole sta: 2+64 line B.
3. Raise manhole sta: 0+00 line B.
4. Raise inline valve box to 12' transmission line to grade.
5. Lower existing valve boxes at John McCain and Montocello.
6. Locate and raise to grade valve box on 12' transmission line for 8' feed to Reverchon CT.
Also, contact the Engineering Department, concerning Maintenance Bonds, Inspection Fees, copies of
Contracts, City/Developer agreement and any other additional fees. All items in this letter must be
addressed and approved by the city's Project Engineer before final acceptance. Please notify City of
Colleyville Engineering Department for the final inspection. Due to the large number of items to be
addressed, the City reserves the discretion to amend this list as work progresses.
If you have any questions regarding this letter, please feel free to contact Chris Steubing or myself at (817)
577-7587.
Sincerely,
~fi<;t~ ~oir~
Keith Dovers
Project Inspector
CC: Bob Whitehead, Director of Public Services
Keith Fisher, Project Engineer Manager
Chris Steubing, Project Engineer
Choyce Morrow, PE Development Engineer
Steven Cherry, Project Inspector
Randy Brown, Public Works Manager
Fbyd Key, Key Squared, Inc.
Chartes Adams, Mario Sinacola
Weldon Latham, Mario Sinacola
James B. Arnold, JBA Construction, Inc
Chris Blevins, PBS$J Engineering
Fill. (cVAy DooanarNS 1 W~sbnant t P~rddist)
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (81'7} 577-7575
September 13, 2000
David Bagwell Tezas
The David Bagwell Co.
8222 Douglas Ave., Suite 770
Dallas, Texas 75225
Re: Westmont Addition-Final Punch list (Progress update).
Dear Sir,
ENGINEERING DEPARTMENT
I have inspected the said project and before the City's Engineering Department can issue final
acceptance, the following will need to be addressed.
General
1. Install erosion Control and maintain. (on site and off site)
2. Complete- When installing erosion place gravel construction entrances to pee farm area.
3. Complete- Complete Lot grading to be acxepted by engineering.
4. Dress-up and establish erosion control to and around pond.
5. Submit As-built plans for approval and on approval of mark ups, provide 1 set of mylars, l
copy of computer disc in Auto CAD format and 2 sets of blue line plans. (Show ties to
Valve boxes, Water 8 Sewer services, and off site utilities, indicate Field and engineer
changes etc.)
6. Establish elevation on Brass disc Benchmarks place on inlets and also, slow elevations on
As-built plans. (4 Locations)
7. Submit plan and install street signs as directed by City.
8. Complete-Remove Construction entry on McDonwell School Rd. ro-grade d'Reh and establish erosion control.
Paving b Drainage
9. Dress-up around all Storm Drain Headwall out falls, grade to drain and establish erosion control.
10. Re-work and establish drainage along John McCain Rd. and across emergency access. (Submit
Plan for engineering approval) '
11. Grade to drain ditches along John McCain Rd., McDonwell School Rd., and Westtoat Dr.
(Establish erosion control)
12. Complete- Grade to drain flood plain area south of John McCain Rd. (Remove romps in area)
13. COmpl@te-Compote Marking face of wrb indicating locations of aN utilities. (Water Meters, SS Clean outs, 5S MH's,
SS Services, Valves, etc.)
14. Complete-Fill in core holes in pavement with concrete. (3 locattd on Revarchon Ct.}
15. Clean debris out of Storm Drain lines and inlets.
16. Complete-N Storrs drain lines and submit to engineering for approval.
t7. Complete-Install flume at north end of CuWs-sac. (Reverchon Ct.)
18. Complete- Once above flume is installed and grade established, adjust and ropsir existing uGlitiss in aroa. (2' Water
Blow off, Valve poxes, eta}
19. Place rock rip-rap at ends of Storm Drain outlets as indicated on plans.
20. Submit plan and complete side walks along open spaces inside project. (Westmont Dr., Leopold
Ln., Muir Ln., Weller Ln., Vine Ct., Hillier Ct., Fremont Ct., and Reverthon Ct.)
21. -Clean Streets.
22. Complete-Cut RCP Storm Drain pipe at sloping head walls along Westcoat Dr.
23. Complete /-t overflow structure and tripb s' by 4' box cuhrort'A' (MBC) need more detail for drainage. (Grade to drain
out fall)
24. Complete-Complete overflow structure and bade fill ends.
25. Seal saw cuts at inlet block outs.
26. Complete-Bade fill and install concrete apron around area inlet near bade of lots 3, 5 8 27 , Block C and Block K Stone
Drain line 'A-3'. (Fremont Ct.)
27. Complete-Bade fdl and install concrete apron around aroa inlet at back of lots 13 ~ 14 Block C. Storrs Drain line 'B'.
(Compton tt.)
28. Complete-Back fill and install concrete apron around aroa inlet at bade of lots 19 820 Block C. Storm Drain line'C'.
(Golden Ct.)
29. Complete- Cokien Ct. tsmova concrote arses that ors honeycomb in Sbrm drain inlets. (SD Liras 'C-3 8 C-4')
P.O. i30X 185 COLLEYVILLE, TEXAS 76034 (8171 577-7575
C-tY of
30. COrflpl@t@- Muir Ln. remove concrete areas that am honeycomb in Storm drain inlet. (SD Line'F')
31. Westmont and Compton Ct. re-bar is exposed inside inlet remove rebar and epoxy grout wall.
32. Clean sand and debris out of 2-24 RCP Storm Drain line 'G'.
33. COmpl@t@- Clean inlet out on Vines Ct. (SD Line'E-3')
34. First joint from inlet on Vines Ct. has a hole in the RCP.( Remove material and submit type of
repair. )
35. Complete- Provide plan on detention strurxuro at John McCain Rd.
36. Install flume at north end cul-de-sac of Westmont Dr.
37. Plug missing in triple 6' by 4' box cuhrert, locate and repair.
36. Material breaking out of pre-cast box joints inside the triple 6' by 4' box culvert. West box top
joints need repaired.
39. COmplet@-Complete yard drain system to lots 1-12 Block A.
Water 8~ Sanitary Sewer
40. COmpl@t@-Repair HMAC on Westcoat north of AAcDonwell School Rd. at watertie-in and valve.
41. Relocate tree near Back of curb of Lot 6, Block C from SS Cleanout and install concrete pad and
plug.
42. COmplet@-Install Rainstoppers in aH SS MH.
43. COrttplete -Install Hydra-Stor (Ouidc Connsc/s) ar all FH's.
44. Complete- Fite Department to check and approve all FH's.
45. Clean Valve boxes out at comer of Fremont Ct. and Westmont Dr.
46. Provide Easement information for extension of 6" SS Line 'E', in back and between lots 9 8 10
Bbck C. Complete installation of concrete pad and plug. (Quillin Ct.)
47. Complete-Install 2" Blow off assembty at end of 8' water in back of lots 13 S 14 Block C. (Compton Ct.)
48. COmplet@-Install 2' Blow off assembly at end of 8' water at lot 19 Block C. (Golden CL)
4s. Complete-Install Clean out with concrete pad at end of 6' SS tine 'C'. (Golden Ct)
50. COmplet@-Install Clean out with concrete pad at end of 8' SS line 'J'. (at McDonwell School Rd)
51. COmpl@te•Install SS plug in Clean out at end of Line '1'. (Hillier Ct.)
Also, contact the Engineering Department, concerning Maintenance Bonds, Inspection Fees, copies of
Contracts, City/Developer agreement and any other additional fees. All items in this letter must be
addressed and approved by the city's Project Engineer before final acceptance. Please notify City of
Colleyville Engineering Department for the final inspection. Due to the large number of items to be
addressed, the City reserves the discretion to amend this list as work progresses.
If you have any questions regarding this letter, please feel free to contact Chris Steubing or myself at (817)
577-7587.
Sincerely,
fl~.~.ru, QI~~'
Keith Dovers
Project Inspector
CC: Bob Whitehead, Director of Public Services
Keith Fisher, Project Engineer Manager
Chris Steubing, Project Engineer _
Choyce Morrow, PE Development Engineer
Steven Cherry, Project Inspector
Randy Brown, Public Works Manager
Floyd Key, Key Squared, tnc.
Charles Adams, Mario Sinacata
Weldon Latham, Mario Sinacola
James B. Arnold; JBA Construction, Inc
Chris Blevins, PBSBJ Engineering
File. (curly DoaxnMb 1 W~slmad 1 Punoldist)
September 13, 2000
David Bagwell Texas
The David Bagwell Co.
8222 Douglas Ave., Suite 770
Dallas, Texas 75225
Re: Westmont Addition-Final Punch list (Progress update and Addendum).
Dear Sir,
ENGINEERING DEPARTMENT
I have inspected the said project and before the City's Engineering Department can issue final
acceptance, the following will need to be addressed.
General
1. Complete Relocate air relief valve to existing 12" transmission line at John McCain Rd. (as
directed by City).
2. Lower manhole eta: 2+gq Tine B.
3. Complete Raise manhole eta: 0+00 line B.
4. Complete Raise inline valve box to 12" transmission Gne to grade.
5. Complete Lower existing valve boxes at John McCain and Montocello.
6. .Complete Locate and raise to grade valve box on 12' transmission line for 8" feed to Reverchon
CT.
7. Wipe inside of East inlet at Hillier Ct.
8. Pick up tack broom, bucket and asphalt at Westcoat and McDonwell.
9. Repair inside of J-box on Westmont, sta:0+00 line C-3.
Also, contact the Engineering Department, concerning Maintenance Bonds, Inspection Fees, copies of
Contracts, City/Developer agreement and any other additional fees. All items in this letter must be
addressed and approved by the city's Project Engineer before final acceptance. Please notify City of
Colleyville Engineering Department for the final inspection. Due to the large number of items to be
addressed, the City reserves the discretion to amend this list as work progresses.
If you have any questions regarding this letter, please feel free to contact Chris Steubing or myself at (817)
577-7587.
Sincerely,
Keith Dovers
Project inspector
CC: Bob Whitehead, Director of Public Services
Keith Fisher, Project Engineer Manager
Chris Steubing, Project Engineer
Choyce Morrow, PE Development Engineer
Steven Cherry, Project Inspector
Randy Brown, Public Works Manager
Floyd Key, Key Squared, Inc.
Charles Adams, Mario Sinacola
Weldon Latham, Mario Sinacola
James B. Arnold, JBA Construction, inc
Chris Blevins, PBSBJ Engineering
FlI~. (cv~y ooown.rNS ~ wum~onl ~ Pwwdtsq
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (8171 577-7575
ENGINEERING
Texas
October 16, 2000
David Bagwell
The David Bagwell Co.
8222 Douglas Ave., Suite 770
Dallas, Texas 75225
Re: Trail System- Westmont Addition-Final Punch list.
Dear Sir,
I have inspected the said project and before the City's Engineering Department can issue final
acceptance, the following will need to be addressed.
General
1. Install irrigation system.
2. Complete drainage grading.
3. Install rip-rap at water crossing along trail.
4. Provide improvements to maintain axeptable slopes to prevent erosion and scour along trail near
Southside headwall at Westcoat ~ Westmont Dr.
5. Install rock silt dam at John McCain low water crossing.
6. Establish grass within trail R.O.W
Also, contact the Engineering Department, concerning Maintenance Bonds, Inspection Fees, copies of
Contracts, City/Developer agreement and any other additional fees. All items in this letter must be
addressed and approved by the city's Project Engineer before final acceptance. Please notify City of
Colleyville Engineering Department for the final inspection. The City reserves the discretion to amend this
list as work progresses.
If you have any questions regarding this letter, please feel free to contact Chris Steubing or myself at (817)
577-7587.
Sincerely,
~~~~ ~~
Keith Dovers
Project Inspector
CC: Keith Fisher, Project Engineer Manager
Chris Steubing, Project Engineer
Randy Brown, Public Works Manager
Chris Lofland, Lofland Concrete
Fill. IcwN DoaxrwMS 1 WastmorA 1 PunC~Bsl)
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (B17) 577-7575
City o!
ENGINEERING DEPARTMENT
Date: November 15, 2000
David Bagwell
The David Bagwell Co.
8222 Douglass Ave., Suite 770
Dallas, TX. 75225
RE: Westmont Addition Final
Dear Mr. Bagwell;
Tezss
Justin Stratton, Keith Dovers and myself met yesterday to walk the subdivision
and determine any remaining deficiencies from the punch list. The list of
remaining items was short and we hope for an expedient tum around in finalizing
the Westmont Addition. The deficient items are:
1. Grading of swale from McDonwell School Road into channel at
Westmont,
2. Grading of swale along west property line for ofFsite drainage,
3. Grading of parkway along south side of John McCain Road at
Westmont Drive both east and west locations,
4. Sealing expansion joints at manhole at intersection of Bertram and
Weller,
5. Sealing expansion joint on Bertram west of Weller intersection,
6. Sealing expansion joint at McDonwell School Road entrance and trail
intersection,
Once these items have been completed, inspected, and approved by the City, a
final acceptance letter will be drafted and presented to you as final acceptance of
the Westmont subdivision.
If there are any questions regarding this matter please do not hesitate to call me
at (817) 577-7587.
Respectfully,
Christopher Steubing, E.I.T.
Project Engineer
CC: Dianne McWethy, City manager
Bob Whitehead, P.E., Director of Public Services
Keith Fisher, Engineering Manager
Keith Dovers, Project Inspector
Justin Stratton, The David Bagwell Company
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7587
CITY COUNCIL
~,it}~ of
1~
aJ s
AGENDA BRIEFING
For mt .: 11/21/00 CMO Approval:
Item#:
9
Report
Previous Action: None
DEPT.
FINANCE
SUBJECT
Monthly Financial Report -October 2000
General Fund
The percentage of current year taxes collected is slightly ahead of October 1999, but
the first cash transfer from the G-CISD Tax Office was not made until November 1sc
Sales tax revenue received in October was accrued in Fiscal Year 2000 per accounting
rules. Residential permits are up by five over October 1999. Municipal Court revenues
are up due to greater citations issued in September and greater efforts in warrant
collections. The average amount expended by the departments at the end of October is
5.8%.
Utility Fund
Water and sewer sales and usage are higher than the prior year due to the heat and
drought conditions we continued to experience in the early fall. The average amount
expended by the Utility Fund at the end of October is 3.3%.
CITY MANAGER
FINANCIAL REVIEW (IF NECESSARY)
MONTHLY FINANCIAL REPORT -OCTOBER 2000
,
€~f~iE~ti~L~t:l~IE3 '' ,<; .
:
,, E'~~CE1~tEf*3 ..;` ~~R~J£~7E~ I~ECEiV€#~
FY 2{X31 AS pf ~S {~F AS OF
REVENUE S~31#RCE ~ BLfI~GE~' 1Df31100 1~/3I/€fQ 1flf3If99
Current Taxes $4,906,127 $0 $0 $5,544
Delinquent Taxes 31,000 0 0 3,217
Penalty & Interest 30,000 0 0 791
..
TC}~AL ACS ~ALC3REM 1'#>EES ,. $4,967,127 .:., $0' ' $#3 $9,552
TU Electric
Tri-County Electric
Lone Star Gas
Southwestern Bell
General Telephone
Refuse
Cable TV
TOTAL FRAf~CHdSE TAX
__
................................. .
__ .__ __ _
Sales Tax
Mixed Beverage Tax
TC3TAL SALES TkX
Building
Pl~~mbing
Electrical
Ci±y License
Building Plan Review Fee
New Business
Animal
Sign Permit
Fence Permit
Fire Permits
TflTAt LICENSES & PEi~A±~tTS...:
Fines
False Alarms
~QTAL FIItlES
$665,000
30,393
110,000
156, 767
22,895
86, 009
120,798
P E#~GE NT
CHAI1[~
-100.0( ;
-100.OG ro
-100.00%D
-lf}D.aG
0.00%
O.OC'~,
• O.OC ,
0.00%
O.OC",
100.OC ,
0.00%
$1,791,491 $0 $0 $0 0.00,E
18,400 6,821 4,600 4,671 46.03%
~~r~4~,S~d ..: ~::.. .:~ X5{;321 ~ ..:.:':: ~.: .:.4...: ~::.. ~,~k7 ~... . ++-C).4~~3: .~:
$793,000 $47,142 $48,800 $49,669 -5.09/0
140,712 9,999 8,659 8,274 20.85
98,800 8,648 6,080 6,164 40.30
37,000 2,024 3,083 1,220 65.90%
149,000 3,474 12,417 550 531.64
1,000 72 83 125 •42.40
1,650 91 138 48 89.58%
2, 500 670 208 175 282.86'
3,300 425 275 501 -15.17
525 0 44 0 0.00%
~Iz22~t7
.: $?2,545. _.:
$79~~~
$66,72i;?s ;
~.?2+,..~.
$465,250 $49,357 $38,771 $34,631 42.52
7, 550 0 629 850 -100.00,0
$0
0~
0
407
0
3,546
0
$0
0
0
0
0
3,500
0
$0
0
0
0
0
0
O
MONTHLY FINANCIAL REPORT -OCTOBER 2000
RI^UEI~U~ S~3URG£
Re-zoning
Plat Fee/Site Plan
Board of Adjustment
Sale of Material
Weed Mowing
Animal Impoundment
Ambulance
Recreation Program
Non-Resident Fee Parks
Field Use Charge
Engineering & Inspection
Chgs & Reimbursements
Commumity Center Rental
Lot Drainage Insp Fee
T~3TA~ CH~I~GES'~`fl8:~1
DARE Officer Reimb
T'fl~At 1AfTERGC?VEf
Sale of Surplus Property
Interest Income
Miscellaneous
Use of Fund Balance FY 2000-Murray
Celebrate Colleyville Contributions
Murray Const Lawsuit Settlement
Tower Rental
TC}~'At. MfS~EL:LAN~O~15
$13,200 $2,000 $1,100
20, 750 894 1, 729
1,250 125 104
3,000 278 250
7,500 0 0
3,550 490 296
65,000 5,652 5,417
120,600 1,931 2,000
17,810 0 0
24, 000 0 0
85,000 23,949 7,083
12,000 750 1,000
176,600 13, 572 14, 717
32,500 2,000 2,708
REGEIVEiT
AS:OF 'PC£#~iT
I~3P31 J99 :CHANGE
$1,250 60.00%
405 120.74%
250 -50.00%
o loo.oo%
0 0.00%
545 -10.09%
5,333 5.98%
2,586 -25.33%
0 0.00%
0 0.00%
18,853 27.03%
1,065 -29.58%
16,355 -17.02%
1, 625 23.08%
$60,775 $0 $0 $0 0.00%
;:
__
:. ..
$10,000 $0 $0 $0 100.00%
330,000 5,741 5,000 500 1048.20%
14,500 450 1,208 735 •38.78%
195,000 0 0 0 0.00%
20,000 11,000 10,000 0 100.00%
150,000 150,000 150,000 0 100.00%
63,250 525 1,000 1,456 •63.94%
Transfer from Utility Fd $418,458 $0 $0 $0 0.00%
TOTAL TRAN5FER5 ..;i ...... ,!
'$41~;~58
....
'${~ ...
':.. ~0.> .. ,.
..... ,:.. 0 {~13~
TQTAL Gf=I~ERAt.~~~'€~,I~I~ ~t~~~#~(~3E5
.:.....: ...:.:: .. : $11.513r~~,Q
... .. ...... ~. <: ~;:::;::$3~2~~3~;<:.: '..::
:.:.....: ..... ... .;`:::::::: 30 3E~:
.... ..... ........ _ ; .1::67 ~388.:<
.: ~.:... i.i ~::::: i.~i}i ....... {#'.~.,(.~y.4
:: ~~M4YRA.
MONTHLY FINANCIAL REPORT -OCTOBER 2000
TOTAL PEKGENI
THROUGH THROUGH INCREASE INCREAS
10/31/00 10/31/99 (DECREASE) (DECREASE,
OF CURRENT TAX ROLL COLLECTED 1.60% 0.21% 1.39% 661.90%II
RESIDENTIAL BLDG PERMITS 16 11 5 45.45°)
COMMERCIAL BLDG PERMITS 0 3 (3) 100.00%~
(PLUMBING PERMITS 83 59 24 40.68%~I
ELECTRICAL PERMITS 43 41 2 4.88%
CITATIONS ISSUED 818 851 (33) 3.88%~I
IICITATIONS APPEALED 14 12 2 16.67%II
~6~ERAL ~E:1:E~~`:[~fslS~.
City Council and Secretary $313,390
City Manager 563,980
Finance 451,409
Legal 80,000
Economic Development 135,294
Engineering 644,043
Building Inspection 287,741
Community Development 364,898
Fire 2,404, 734
Police 2,512,521
Parks 920,895
Recreation 244,564
Marketing 88,102
Community Center 282,567
Streets & Drainage 1,153,903
Municipal Court 114,550
Fleet Maintenance 123,825
Merit Pool 95,000
Compensation Study 739,374
TO~R#_ E~t~~S;~S .::... ....: ....... _. :. _ ~-~ 1'6~,`?'9~1
$16,584 $16,448 5.3% $296,8_
20,641 25,379 3.7% 543,339
37,693 40,313 8.4% 413,716
112 0 0.1% 79,888
10,266 10,965 7.6% 125,028
34,563 36,356 5.4% 609,480
15,266 14,517 5.3% 272,475
17,677 16,420 4.8% 347,221
267,188 251,295 11.1% 2,137,546
141,558 138,189 5.6% 2,370,963
25,336 41,440 2.8% 895,559
8,235 11,005 3.4% 236,329
3,994 3,965 4.5% 84,108
12,034 12,716 4.3% 270,533
44,704 51,926 3.9% 1,109,199
3,696 5,155 3.2% 110,854
5,889 5,572 4.8% 117,936
0 0 0.0% 95,000
0 0 0.0% 739,374
~rJi+~~~i
,:.. , .:~5~,1.6~'itl,
rJ ~~ ;: <,
:... ~-~Ot8~5i~r~,34 '::
R£C63 VED
OP PER~NT
1,fl#:3113 C~~1GE
Water Sales
Sewer Sales
Sewer Installation
Water Installation
Sewer Tie•on Charges
Engineering Charges
Penalties
Miscellaneous
$5,181,138 $781,981 $440,397 $671,700
1,695,523 176,852 141,294 147,084
26,000 1,200 2,167 1,400
61,600 3,120 5,133 2.660
30,750 2,424 2,563 2,502
35,000 10,318 2,917 10,488
147,100 25,406 12,258 21,173
8,200 763 683 724
$£f57";73~.
$300,0001 $5,0051 $5,0001 $4,207
825,000 0 0 0
16.42%
20.24%
-14.29%
17.29%
-3.12
-1.62%
19.99%
5.39%
16:8;3
18.97%
0.00%
TOTAL PERCENT
THROUGH THROUGH INCREASE INCREASE
10/31/00 10/31/99 (DECREASE) (DECREASE)
GALLONS OF WATER SOLD 266,358,400 228,339,100 38,019,300 16.65%
NUMBER OF WATER CUSTOMERS 7,337 7,055 282 4.00%
UTfLITY FLff~L3
Administration $157,997 $10,028 - $10,191 6.35% $147,969
Billing 145,368 8,044 9,980 5.53% 137,324
Operations 5,872,377 194,694 194,544 3.32% 5,677,683
Debt Service 1,097,433 44,535 44,535 4.06% 1,052,898
Merit Pool 34,864 0 0 0.00% 34,864
Compensation Study 65,114 0 0 0.00% 65,114
Transfer to General Fund 418,458 0 0 0.00% 418,458
TOTA{. EXPEI~€SES ::
>
_, ....:;:> __
::::<::>:.i;::::::.:>::;:::<:;:...;.:;:.::.:;.:>.:;:..;:..;;;;:>.:;:
:::.;:.;.: >.:::.;:.>::::<:~;~E.~.1'.~~~'~:':'':`.'.
::::.::::::.:...:~....:.:... .......:..;:..:.
.:;:>>::.'
.:`.'.::5~~1::.
:~::::.:::::.::.:..: ..... ___
,.
': ~'r2~~ ~ ..........:.
_ _,.........s::.;:<.;::;.::::;::.::
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:.;:;.;:.;:.;.~:.;::.;.::.::dip;;~:;
:.:: T 6~4 3T~3'>
:;:<.:::r:..:.:a.;::.:.::..;:.
Planning 8 Zoning Commission
Minutes -October 23, 2000
Page 1 of 10 - Approved on November 13, 2000
The regular meeting of the Planning and Zoning Commission was called to order by Chairman
Hart at 7:00 P.M. on October 23, 2000.
Roll Call: Present: Tom Hart, Jo Ann Gasper, Luann Edwards, Joe Hocutt,
Mark Hollis, Jeffrey Wall
Absent: Bryan Hill
Staff: Barry LeBaron, Clayton Husband
Invocation: Commissioner Wall
Approval of Minutes: October 9, 2000
Commissioner Edwards moved to approve the minutes of October 9ei meeting as written.
Commissioner Hocutt seconded the motion. The vote being:
Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart
Noes: None
1. A Minor Plat for Lot 1, Block 1, Redding Addition requested by Thomas W. Vogt, Vogt
Surveying, for Susan Green Executor for the estate of Barbara Redding, 2.098 acres
located at 909 Glade Road. Case P-00-077
Clayton Husband presented the case to the Commission. Staff advised the Commission that all
DRC comments addressed, and the plat was recommended for approval.
Commissioner Gasper moved to approve the minor plat, Case P-00-077. Commissioner
Edwards seconded the motion. The vote being:
Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart
Noes: None
2. A Final Plat of the Bridges at Riverwalk, requested by Dave Hannah, 11.955 acres located
on the north side of Glade Road in the 1300 Block. Case P-00-076
Clayton Husband presented the case to the Commission. He stated all comments have been
addressed, with the exception of the right-of-way on Glade Road.
Commissioner Gasper asked if the ordinance required a specific right-of-way for Glade Road.
Staff advised that the ordinance did not, that it only required the right-of-way as shown on
preliminary plat
Commissioner Wall asked how would the City obtain right-of--way in future if it were not dedicated
on the plat.
Staff advised the City would have to purchase the right-of-way.
Planning ~ Zoning Commission
Minutes -October 23, 2000
Page 2 of 10 -Approved on November 13, 2000
Commissioner Hocutt asked if there would be enough room left to provide adequate building
space if extra right-of-way was dedicated. Staff advised that it would not likely impact building
area, but could impact parking.
Dave Hannah, 3401 Amherst Circle, Bedford was present to represent the case. He stated staff
originally mentioned a 95-foot row for Glade Road. He said that an additional 7.5 foot right-of--way
could be handed as a drainage, utility and pedestrian easement along Glade Road without
impacting building area or open space on the lot or parking area on the lot.
Commissioner Gasper stated she could support the change to include a 7.5-foot drainage,
pedestrian and public access easement.
Commissioner Gasper moved to approve the plat, subject to the addition of a 7.5-foot
drainage, utility and pedestrian easement along Glade Road, Case Z-00-076. Commissioner
Hollis seconded the motion. The vote being:
Ayes: Gasper, Hocutt, Hollis, Wall, Hart
Noes: Edwards
3. PUBLIC HEARING - A zoning change requested by Awad Eskander for Perry Mulubhoy
Atlantic Oil & Gas, Inc., to amend the PUD-C, 0-96-1053 8~ 0-99-1146, to allow a
restaurant with adrive-thru window on Lot 3, Atlantic Oil & Gas Addition located on the
southwest corner of L. D. Lockett Road & Precinct Line Road. Case Z-00-073
Barry LeBaron presented the case to the Commission. He said that the request is to amend the
original PUD ordinance to allow a restaurant with adrive-through window. The proposed
restaurant would locate the drive-through window behind the building away from view from
Precinct Line Road.
Commissioner Edwards pointed out that Colleyville is misspelled on drawing in title block.
Commissioner Hocutt asked if it was necessary to remove the SUP for alcohol sales since
Grandy's is not likely to sell beer and wine. Staff advised that it is not necessary as the special
use permit could be utilized for a different restaurant on the site.
Commissioner Gasper stated they should leave the SUP in place so other businesses could utilize
it if available.
Commissioner Wall asked if this was the first restaurant proposal on Precinct Line Road. Staff
advised that is was.
Chairman Hart opened the Public Hearing. Those present wishing to speak were:
Aldwin Zim, 7309 John McCain Road. He stated the Commission should only consider upscale,
sit down restaurants in Colleyville. He said that drive through restaurants should not be allowed
on Precinct Line Road.
Planning 8~ Zoning Commission
Minutes -October 23, 2000
Page 3 of 10 -Approved on November 13, 2000
There being no one else wising to speak, Chairman Hart closed the Public Hearing.
Commissioner Edwards asked if the design of the building is tied to pictures. Staff advised that
the ordinance would be written to include sufficient regulation to achieve the design of the building
as indicated in the pictures, including the location of the drive-thru window at the rear.
Commissioner Edwards moved to approve the amendment to the PUD-C to allow adrive-
through restaurant. Commissioner Gasper seconded the motion.
The vote being:
Ayes: Edwards, Gasper, Hart
Noes: Hocutt, Wall, Hollis
Commissioner Edwards asked how much sales tax would be generated by Grandy's. Staff
advised that a letter ftom the applicant indicates the projected sales for the first year of operations
are estimated at $1,000,000 plus and 50% of their business is ftom the drive thru window. Staff
also stated the letter indicates the drive through window will be located at the back of the building,
and that the ordinance could tie down the location of the window at the rear of the building.
Commissioner Gasper stated that a denial of the case could move it on to City Council for their
consideration.
Barry LeBaron recommended tabling the request to eliminate the question of whether 4 votes are
necessary to make a recommendation as stated in the City Charter.
Commissioner Edwards moved to table the request until the November 13, 2000 meeting.
Commissioner Gasper seconded the motion.
The vote being:
Ayes: Edwards, Gasper, Hart, Wall, Hollis
Noes: Hocutt,
Chairman Hart called for the applicant, Awad Eskander, to come forward. He explained the action
of the Commission.
Awad Eskander, appeared before the Commission. He stated the area tacks restaurants, the
building is a new design for Grandy's including stucco and brick, the drive-thru is located at rear
of building, it will generate sales tax for city, current zoning does not allow drive-thru. He stated
Grandy's would not develop without drive-thru.
Commissioner Gasper stated the action is quasi-denial since motion did not pass, and that the
Commission could table until the full seven members are present. She asked the applicant's
preference for tabling.
Mr. Eskander stated he would prefer tabling to November 13, 2000 to have a full seven members.
Planning b Zoning Commission
Minutes -October 23, 2000
Page 4 of 10 -Approved on November 73, 2000
Chairman Hart stated that if the item was denied, the Council could act on the case but it woula
require asuper-majority of City Council to approve.
4. PUBLIC HEARING - A zoning change requested by Raman Chandler, from PUD-C (for
an institutional use) to PUD-R (residential use) on 14.9 acres located on the south side of
McDonwell School Road & Precinct Line Road. Case Z-00-074
Barry LeBaron presented the case to the Commission. The property was rezoned earlier to allow
a private school campus. He said that the applicant has submitted a request to rezone from the
PUD-C for the private school for aPUD-R on about 15 acres and about 29 acres of CC1. Staff
sent notices to the surrounding property owners advising them of the zoning change, and after
notices went out, the applicant requested a change in the application to consider CC2 rather than
CC1. He stated since the case was already advertised, the only portion the Commission is
considering at the hearing tonight is the residential portion. He stated staff is re-notifying property
owners with the change in the request and the Commission will consider the commercial portion
at the next meeting. Mr. LeBaron summarized the residential portion of the request for the
Commission, including open space and medians, density, land use and thoroughfare plans and
PUD-R standards. Staff advised the Commission that the request conflicts with the Master Plan
as the Master Plan calls for non-residential uses in the area, and approval of the request would
perpetuate the elimination of non-residential development. Staff advised that the Thoroughfare
Plan requires the dedication of a 4-lane collector street in conjunction with the non-residentia'
development, and since the private school will not be built, now is the time to put the collector
street back in. Staff advised that the minimum PUD-R standards are not met in regards to lot
size, lot width, lot depth, and building line setbacks.
Chairman Hart asked if the medians were calculated into the 19.5% of the open space. Staff
advised that it does include the medians.
Commissioner Edwards asked if the intent of open space is to provide some use to the residents.
Staff advised that it is a matter of opinion whether the median is functional for active or passive
open space.
Commissioner Wall asked what other developments allow the use of a median to be calculated
as open space. Staff advised the Commission that the Shalimar subdivision has a median with
a sidewalk.
Commissioner Edwards asked if it creates a problem if the commercial area is discussed. Staff
advised that the case is really two cases with aPUD-R and straight commercial zoning, and that
the case will end up together at the City Council hearings.
Commissioner Gasper stated that anyone who wants to develop the property would likely have
to request a zoning change due to the current location.
Staff advised the Commission that the development is packaged as one case, which is an
advantage to economic development.
Commissioner Wall asked the differences between this case and the Riverwalk development
Planning 8 Zoning Commission
Minutes -October 23, 2000
Page 5 of 10 -Approved on November t3, 2000
Staff advised him that they are very similar.
Commissioner Gasper stated the Riverwalk development is in what is considered a downtown
area where a higher density may be appropriate, rather than in the outer areas where a lower
density may be appropriate.
Commissioner Hocutt stated Riverwalk was not adjacent to an existing subdivision like Remington
Park.
Commissioner Hollis asked what the home values are in the Remington Park development. Staff
advised that the values exceed $300,000.
Commissioner Gasper moved to suspend the rules to allow the applicant 20 minutes to
speak, and all other speakers 5 minutes. Commissioner Edwards seconded the motion.
The motion carried unanimously.
Chairman Hart opened the Public Hearing. Those present wishing to speak were:
Tony Krauska, Kurtz-Bedford Associates, 4222 Rosehill Road, Garland, representing the owner,
came forward to speak. He stated there is a need for this type of housing in Colleyville, as proven
by the Villas at Caldwell's Creek development, with home values over $350,000. He stated the
proposed development provides a buffer between Remington Park and the extensive commercial
on Precinct Line Road. He said they are here to work with the adjacent property owners, the
Commission and staff to make this project acceptable to the community. Mr. Krauska stated the
greenbelt along the perimeter should be 25 feet rather than 20 feet, and that the medians are
there to provide open space in an area where people would see it everyday. He stated the issues
with the Master Plan and Thoroughfare Plan should be discussed with the commercial property
discussion. He stated there are significant differences from the PUD-R standards, but the quality
and standards of the community are still achieved. He stated the private gated community will
add more value for the development.
John Keany, 203 Polo Trail, spoke representing the Remington Park HOA. He stated he is not
opposed to residential zoning. He said that the HOA is opposed to the proposed PUD-R
standards submitted by the developer. He stated the greenbelt along McDonwell School Road
should be wider, and expressed concern over the maintenance of the greenbelts behind the
homes. He stated the plans should be redesigned to meet PUD-R standards.
Linda Baker, 404 W McDonwell School Road. She stated her concem about the density of the
project. She stated there is no need for empty-nester type of development in the area with the
elementary school proposed north of the road. She stated Larry Cole and the Yazhari brothers
could be affected by the smaller lots. She stated there are no parks in the area, as McPherson
Dairy is not developed at this time.
AI Zim, 7209 John McCain Road. He stated the lots are too small and do not meet PUD-R
standards.
Jerry Cochran, 501 Mustang Court. He expressed concern over the adverse impact the
development could have on the area.
Planning 8 Zoning Commission
Minutes -October 23, 2000
Page 6 of 10 -Approved on November !3, 2000
Don Nix, representing Eva Collins, land owner in the application. He stated Ms. Collins and three
other owners are proposing to sell the property under one package to one developer to solve all
potential development issues. He stated the residential development would provide an adequate
buffer between Remington Park and the commercial uses. He stated it is difficult to satisfy all
persons with the one request, and it is more economically feasible to develop it as one parcel.
Greg Zahn, 205 Oaklawn Drive. He stated Colleyville is primarily a rural community, which is why
he decided to move to this city. He stated the development does not meet the requirements of
the city's codes. He stated the development is not consistent with other developments in the area
along McDonwell School Road and Westcoat Drive.
Randy Gardner, 511 Remington Court. He asked whether one or two story office buildings could
be built at the location in the event the zoning is denied and office zoning approved, as allowed
by the Master Plan.
Tony Krauska, Kurtz-Bedford Associates, 4222 Rosehill Road, Garland, representing the owner.
He requested that the Commission table this item to allow the developer to meet with the
Remington Park HOA and other adjacent property owners to explain the request and team of their
concerns first-hand.
There being no one else wising to speak, Chairman Hart closed the Public Hearing.
Commissioner Hocutt stated the property is currently zoned for a private school and a zoning
change would be required to develop any offices in the area.
Commissioner Gasper stated the office buffer could continue to move towards Precinct Line Road
if residential zoning is approved in the area. Staff advised that Colleyville has one of the lowest
percentages of non-residential development areas in the entire metro area, and that the Master
Plan committee felt that Precinct Line Road provided the best opportunity for non-residential
development.
Commissioner Edwards stated a portion of "Remington Park was developed after the Master Plan
was approved.
Commissioner Gasper stated it is difficult to justify rezoning commercial property to residential
Commissioner Wall asked what impact would the development of houses vs. the development
of offices have on the tax base. Staff advised that most office space and house values provide
about the same amount of property tax based on value. Staff advised that some office uses do
provide sales tax revenue to the city.
Commissioner Gasper stated the office uses would also generate personal property tax from the
inventory of the buildings.
Commissioner Hocutt stated the intended use of property was for a private school and not offices.
Commissioner Wall stated information submitted by the applicant indicate certain amounts of tax
Planning 8~ Zoning Commission
Minutes -October 23, 2000
Page 7 of 10 -Approved on November 13, 2000
revenue for both residential and office space. He stated no sales tax is shown to be generated
by the office space.
Commissioner Gasper stated by approving residential uses and moving the light offices to the
west, tax revenue could be lost since it could have developed as sales tax producing uses.
Commissioner Gasper moved to recommend denial of Case Z-00-074 for the 14.9 acre PUD-
R portion. Commissioner Hocutt seconded the motion.
The vote being:
Ayes: Gasper, Edward, Hocutt, Hollis, Wall, Hart
Noes: None
5. PUBLIC HEARING - An amendment to the Colleyville Land Development Code regarding
the following items: cul-de-sac streets; roadway impact fee schedule; right-of-way widths
for collector and arterial streets; lot grading and drainage standards; city developer
agreements; dust control; COG and TXDOT specifications; procedures for abandonment
of.public easements and rights-of-way; location of loading spaces; fire hydrant spacing;
single entry subdivisions; emergency access and entrance gate specifications; review
requirements for plats; preliminary drainage analysis guidelines; and non-conforming lots.
Commissioner Gasper moved to suspend the rules to limit speakers to five minutes each.
Commissioner Hocutt seconded the motion.
The vote being:
Ayes: Gasper, Edward, Hocutt, Hollis, Hart
Noes: Wall
Barry LeBaron presented the proposed changes in detail to the Commission. He stated that over
time, several changes might be required to the Code to tweak problem areas, eliminate conflicts
with other portions of the Code, and make changes as proposed by the Commission and Council.
Commissioner Gasper asked if the roadway impact fee rates would change. Staff advised thal
the fee is not changing at all, but is clarifying what the fee should be for a wider variety of land
uses.
Staff answered several questions about how the roadway impact fees are calculated and
collected, and how the sale tax rebate is factored into the formula.
The Commission had questions concerning the change from 0.5 to 0.6 runoff coefficients.
Staff stated the change results from more of a lot being covered by impermeable surfaces such
as driveways, roofs and paving.
Commissioner Wall asked how lot-to-lot drainage would compensate for side yard fences.
Planning 8~ Zoning Commission
Minutes -October 23, 2000
Page 8 of 10 -Approved on November l3, 2000
Staff advised that inlets, easement or flumes may be necessary if the grading of the proper
cannot adequately handle the situation.
There was general discussion by the Commission regarding the drainage policy and divided
entryways. .
Staff stated that the Engineering Department is available to come to the next meeting to further
discuss the drainage policies.
Chairman Hart opened the Public Hearing.
AI Zim, 7209 John McCain Road. He stated you are allowed to run water across another person's
property but you cannot increase the amount of water running on to the adjacent property.
Without objection from the Commission, the Commission allowed Mr. Bagwell to speak for 7.5
minutes as his business partner and wife were present and allowed to speak for five minutes
each, and Mr. Bagwell agreed to speak for one-half the total time allowed for the three persons.
David Bagwell, 8222 Douglas Avenue, Dallas. He stated the development community could offer
some practical review of the proposed changes. He stated the 0.6 runoff coefficient can be
validated by science, such that any other number could also, and he encouraged the Commission
to use whichever seemed appropriate. Mr. Bagwell cautioned the Commission to take intc
account the costs associated with any changes to the Code. He stated the concept of improveo
swale should be defined and drawn. He stated there are instances where divided entry-ways do
not need 31-foot pavement sections. He suggested the Commission address the subject of
pavement thickness and the possibility of over-design of streets.
There being no one else wising to speak, Chairman Hart closed the Public Hearing.
There was general discussion by the Commission regarding how to forward questions and
comments to staff.
Commissioner Gasper moved to table Case No. Z-00-75 and recommended that the
Commission forward any comments or questions to staff before the next meeting.
Commissioner Wall seconded the motion.
The vote being:
Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart
Noes: None
6. TABLED ITEM - A zoning change requested by David Bagwell, from AG to PUD-R
(Planned Unit Development-Residential) on 54.93 acres located on a portion of Bluebonnet
Hills on Hall Johnson Road -Broughton. Case Z-00-064
Clayton Husband stated the developer has submitted several letters addressing issues raised
during the public hearings on this zoning case. He stated the developer is willing to have a work
session with the Commission to discuss the numerous details of the case. He stated the
Planning 8 Zoning Commission
Minutes -October 23, 2000
Page 9 of 10 -Approved on November 73, 2000
proposed work session could occur on November 2, 2000, at 7:00 p.m. at city hall.
Commissioner Gasper stated the developer was to meet with homeowners, and the Commission
should have a work session before any more discussion of case. She said that she wants staff
is to send out public notices for work session.
No action was taken by the Commission.
7. Discussion and Consideration of Planning and Zoning Commission Rules of Procedure.
Commissioner Gasper suggested that the portion in Section H was written in the affirmative to
avoid the problem of a motion to deny failing, and suggested that Section H be struck completely.
She stated it reduces the flexibility of the Commission and does not improve the speed of the
deliberations on the item.
Chairman Hart questioned the section regarding the chair preparing the agenda.
Commissioner Gasper stated the intent is not to require the chair to physically prepare the agenda
but to allow the chair to approve the agenda and add items he/she feels necessary for the
business of the Commission. She suggested to remove this reference.
David Bagwell, 8222 Douglas Avenue, Dallas, appeared at the request of the Commission. He
stated that staff is placed in an unusual position to make a recommendation on a proposal since
the recommendation is only when the proposal does not meet the requirements of the Code. He
stated it would be more fair and useful if staff were requested to analyze the request rather than
take a position for or against.
Commissioner Gasper summarized the amendments as follows: Page 1: strike "prepare the
agenda"; Page 3: item H is deleted; and Page 3: item E add ask questions of staff.
Commissioner Gasper moved to adopt the rules of procedure as amended above.
Commissioner Wall seconded the motion.
The vote being:
Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart
Noes: None
8. Citizens' comments: None.
9. Staff comments, reports and discussion items: None.
10. Commissioner comments: None.
ADJOURNMENT:
Commissioner Hocutt moved to adjourn the meeting at 11:07 p.m. Commissioner Edwards
seconded the motion. The motion passed by acclamation.
Planning 8 Zoning Commission
Minutes -October 23, 2000
Page 10 of 10 -Approved on November 13, 2000
Respectfully Submitted,
Clayton Husband, AICP
Development Coordinator
Approved on: November 13, 2000
NOTE: As a matter of public record, an audio recording of the above Planning and Zoning
Commission meeting is available upon request.
RESOLUTION R-00-1734
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
NOVEMBER 21, 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
Cynthia Singleton Donna Arp
City Secretary Mayor