HomeMy WebLinkAboutCity Council-Agenda Packets-4/3/2001
City ot
Texas
AGENDA
CITY COUNCIL MEETING
5400 BRANSFORD ROAD
April 3, 2001
6:45 P.M. - CALL TO ORDER
ROLL CALL
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -
Sec. 551.072 -
Consultation with Attorney
Property - Proposed Sale of Land - 5209 Colleyville
Boulevard
Property - Proposed Sale of Land - Church Street
Property Acquisition - Fire Station
Personnel - City Manager Executive Search
Sec. 551.072-
Sec. 551.072-
Sec. 551.074 -
7:30 P.M. - RESUME REGULAR MEETING
INVOCATION: Associate Pastor Jan Baldwin, First United Methodist Church
PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, _AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
Mayor Arp will present a Proclamation to Colleyville Proud representatives Betty Jean
Willbanks and Raman Chandler and Colleyville Garden Club representative Barbara
Nuss who are joining together April 7, 2001, to beautify the City with a Colleyville Trash
Off, Tree City USA and Arbor Day celebration.
P.o. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 5n-7575
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-01-1777 - Consent Items:
a. Approval of minutes of the regular City Council meeting of March 20, 2001
b. Approval of award of bid for lease purchase financing of the 2001 Ford F-
450 Medium Duty Ambulance to Sun Trust Leasing Corporation in the
amount of $130,665.89 for a four year period
c. Approval of a request by Grapevine-Colleyville Independent School
District to extend. a one year permit for the placement of a portable
classroom at Colleyville Elementary School located at 5800 Colleyville
Boulevard from April 4, 2001 to May 31, 2002.
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PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1273 - Zoning
Change requested by Matt Torbit, Mady Development, from AG Agriculture to
PUD-R Planned Unit Development Residential, on 10.0 acres located at 3508
Glade Road, west of Roberts Road, Case Z-01-005
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1274 _
. .I
Amending Section 2 of Ordinance 0-00-1236; authorizing the expenditure of up
to $71,671 for a temporary signal at Main Street
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1275 - Special
Use Permit for a Carport requested by John Horobec, on Lot 6R2, Block 4,
Chelsea Park Addition, located at 1809 Avalon Drive, Case Z-01-006
.~t-'
7.
READING AND PUBLIC HEARING - Resolution R-01-1778 - A request by
Colleyville Presbyterian Church to place two additional portable buildings at 715
Cheek Sparger Road
) vG-
or......, 8.
READING AND PUBLIC HEARING - Resolution R-01-1779 - A request by C.L.
Madden, III for a waiver of the perimeter street improvement requirement for Lot
1-R and Lot 2. Block 1, Jennings Estates located at 6112 Hunter Lane
.1 9.
READING AND PUBLIC HEARING - Resolution R-01-1780 - A request by
Mark Wines for a waiver of the perimeter street improvement requirement for
Lots 1 and 2, Block 1, Wines Addition located at 201 L.D. Lockett Road, at the
northwest corner of Bettinger Road
I-- l-
e
. .10. READING AND PUBLIC HEARING - Resolution R-01-1781 - Opposing House
,~ Bill 64 and Senate Bill 339 that would require elected officials, city managers,
. ~ and city attorneys to file a financial statement disclosing their personal finances
~ . t-". and the finances of their spouse and dependent children
./ '
REPORTS
11. PLANNING AND ZONING COMMISSION MINUTES - March 12, 2001
CITY COUNCIL AND LIBRARY ADVISORY COMMITTEE WORKSESSION
MINUTES - March 21, 2001
CITY COUNCIL WORKSESSION MINUTES - March 26, 2001
CITY COUNCIL WORKSESSION MINUTES - March 27, 2001
CITY COUNCIL WORKSESSION MINUTES - March 27,2001
12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 20, 2001
Reading and Public Hearing - Resolution R-01-1782
ADJOURNMENT:
14. ADJOURNMENT
I certify the above agenda was posted on the bulletin board at City Hall on March 30,
2001, at 4:30 p.m.
~~"'-'~~
Cynthia Singleton, TRMC
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.
CilY Of
CC~il~
CITY COUNCIL ''''"< AGENDA BRIEFING
For mtg. : 04/03/01 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 0
Sec. 551.071 -
Sec. 551.072 -
Sec. 551.072-
Sec. 551.072 -
Sec. 551.074-
Consultation with Attorney
Property - Proposed Sale of Land - 5209 Colleyville Boulevard
Property - Proposed Sale of Land - Church Street
Property Acquisition - Fire Station
Personnel - City Manager Executive Search
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CI Y MANAGER '
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DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Cd:> Of
CC~~Iil<B
CITY COUNCIL ".,", AGENDA BRIEFING
For mtg. : 04/03/01 CMO Approval:
Item # :
2
Ordinance # :
N/A
DEPT. :
CITY COUNCIL
SUBJECT:
CORRESPONDENCE, MISCELLANEOUS
REPORTS OF MEETINGS ATTENDED BY THE
COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS, OR
PRESENTATIONS
Previous Action: None
Mayor Arp will present a Proclamation to Colleyville Proud representatives Betty Jean
Willbanks and Raman Chandler and Colleyville Garden Club representative Barbara
Nuss, who are joining together April 7, 2001, to beautify the City with a Colleyville Trash
Off, Tree City USA and Arbor Day celebration.
FINANCIAL REVIEW (IF NECESSARY)
I
I......'.........
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roclamatton
CITY OF
Colleyville,
Texas
WHEREAS: In 1872, J. Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set aside for the planting of trees.
This holiday, called Arbor Day, was first observed with the planting of more than a million
trees in Nebraska; and
WHEREAS, Arbor Day is observed throughout the world and has become a day
dedicated to the beauty, usefulness, and preservation of trees; and
WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling cost, moderate the temperature, clean the air, produce oxygen, and
provide habitat for wildlife; and
WHEREAS, trees increase property values, beautify and retain the rural atmosphere,
and wherever they are planted, are a source of joy and spiritual renewal; and
WHEREAS, the Colleyville Garden Club and Colleyville Proud are joining together on
April 7, 2001, to beautify the City with a Colleyville Trash Off and Arbor Day celebration;
and
WHEREAS, this celebration will include the planting of a tree and the community
working together, eliminating trash from our streets and public areas; and
WHEREAS, the City of Colleyville has been recognized as a Tree City USA by the
National Arbor Day Foundation and desires to continue tree-planting practices.
NOW, THEREFORE, I, DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE,
TEXAS, do hereby proclaim Saturday, April 7, 2001 as
COLLEYVILLE TRASH OFF AND ARBOR DAY CELEBRATION
And urge our citizens to join in the activities to beautify Colleyville.
IN WITNESS WHEREOF, I do hereby set my hand, and seal of the City of Colleyville,
affixed this 3rd day of April 2001.
t::-r~ lL'p/
f.\1ayor. Cit~; of Colleyyille J
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RESOLUTION R-01-1777
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF APRIL 3, 2001
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 March 20,2001,
are hereby approved.
b.
THAT the award of bid for lease purchase financing of the 2001 Ford F-450
Medium Duty Ambulance to SunTrust Leasing Corporation in the amount
of $130,665.89 for a four year period, is hereby approved.
c.
THAT the request by Grapevine-Colley.ville Independent School District to
extend a one year permit for the placement of a portable classroom at
Colleyville Elementary School located at 5800 Colleyville Boulevard from
April 4,2001 to May 31,2002, is hereby approved.
AND IT IS SO RESOLVED.
Passed by a vote of ayes,
of , 2001.
nays, and
abstentions on the
day
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
March 20, 2001
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on March 20,2001, at 6:47 p.m.
ROLL CALL:
Councilpersons Jody Short, Mike Taylor, Dana Feldman, and
Dennis Marlin were present. Mayor Donna Arp, Interim City
Manager Dianne McWethy, Interim Director of Public Services
Keith Fisher, Community Development Manager Barry LeBaron,
Public Works Manager Randy Brown, Fire Chief Mike Johnston,
Economic Development Manager Mike Soab, Records Manager
Matt Denton, Financial Analyst Collin Boothe, Administrative Intern
Cindy Martin, City Attorney Ross Foster, and City Secretary
Cynthia Singleton were also present.
Mayor Pro Tem Ginny Tigue was absent.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -
Sec. 551.072 -
Sec. 551.072-
Sec. 551.074-
Consultation with Attorney
Property Acquisition - Fire Station
Property Acquisition - Bransford Road
Personnel - City Manager Executive Search
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 7:35
p.m.
The invocation was given by Sister Dorothy Eggering, Good Sheppard Catholic
Community Church, after which Ross Foster led the Pledge of Allegiance.
CITY COUNCIL MINUTES
MARCH 20, 2001
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
Mayor Arp presented a Proclamation to Bransford Elementary Science teachers Linda
Utgard and Carolyn Duke and students Madison Rodgers and Madelyn French and
Colleyville Garden Club representatives Barbara Nuss and Karen Birkes, who are
joining together on March 28, 2001, to beautify the City with a Colleyville Arbor Day
celebration.
Scout Leader Ed McKnight introduced Boy Scouts from Troop 28 who attended the City
Council meeting to satisfy a requirement for their citizenship award.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-01-1771 - Consent Items:
a. Approval of minutes of the regular City Council meeting of March 6, 2001
b. Approval of donation of trees for City Park and educational materials from
David Bagwell
c. Approval of setting a date for a public hearing concerning a request by
Colleyville Presbyterian Church to place two additional portable buildings
at 715 Cheek Sparger Road
d. Approval of a Minor Plat of Colleyville Community Center Addition Block 1,
Lot 2, requested by the City of Colleyville, 4.363 acres located at 5201
Riverwalk Drive, Case P-01-008
e. Approval of an Agreement with Teague Nail and Perkins to prepare a
TEA-21 grant application for Little Bear Creek Trail and authorizing the
use of Voluntary Park Fund monies in an amount not to exceed $7,200
f. Approval of an Agreement with Teague Nail and Perkins to prepare a
TEA-21 grant application for Cottonbelt Trail extension and authorizing the
use of Voluntary Park Fund monies in an amount not to exceed $7,200
Mayor Arp opened the public hearing and read Resolution R-01-1771 in its
entirety.
There was no one present wishing to speak concerning this item and Mayor Arp
closed the public hearing.
Councilman Short moved to approve Resolution R-01-1771.
2
CITY COUNCIL MINUTES
MARCH 20, 2001
Councilman Marlin seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman and Marlin
Nays: None
Mayor Arp declared the motion carried.
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1272 -
Amending Section 2 of Ordinance 0-00-1236; authorizing the expenditure of up
to $400,000 for Railroad Crossing Warning Devices
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1272.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Taylor moved to table Ordinance 0-01-1272.
Councilman Feldman seconded the motion.
Ayes: Council persons Short, Taylor, Feldman and Marlin
Nays: None
Mayor Arp declared the motion carried.
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1273 - Zoning
Change requested by Matt Torbit, Mady Development, from AG Agriculture to
PUD-R Planned Unit Development Residential, on 10.0 acres located at 3508
Glade Road, west of Roberts Road, Case Z-01-005
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1273.
Mr. Don Skelton, 3203 Wilton Woods Court, Ms. Catherine Hays Skelton, Mr. Jim
Beaver, 3916 Oakbriar Lane, and Mr. Bob Paulus, 3508 Glade Road, spoke in favor of
the proposed Ordinance.
Mrs. Margaret Grantham spoke regarding the barriers between her property and the
proposed development.
Ms. Melody Moore, 4617 Shady Creek Lane and Mr. Kevin Diershaw, 5605 Winding
Trail and Ms. Tery Salerno, 5804 Pleasant Run Road, spoke in favor of the proposed
Ordinance.
3
CITY COUNCIL MINUTES
MARCH 20, 2001
Discussion ensued regarding access by emergency vehicles, open space requirements,
retention ponds, types of fences, sprinklered housing, and the length of the cul-de-sac.
Mr. Matt Torbit, applicant, was present to answer questions of the Council.
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1274 - Amending
Section 2 of Ordinance 0-00-1236; authorizing the expenditure of up to $71,671
for a temporary signal at Main Street
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1274.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding various funding options.
7. READING AND PUBLIC HEARING - Resolution R-01-1772 - Authorizing the
Mayor to enter into the Memorandum of Understanding Between the City of
Colleyville and the City of Euless for the Reconstruction of Glade Road between
State Highway 121 and Heritage Avenue, a portion of Heritage Avenue and a
Right Turn at State Highway 121
Mayor Arp opened the public hearing and read Resolution R-01-1772 in its entirety.
Mr. Bruce Morris, 4708 Prestwick, spoke regarding the anticipated traffic increase on
Glade Road, requested that a Glade Road traffic study be conducted and that a center
lane be constructed on Glade Road. Mr. Morris also stated that the Heritage Road
intersection should be completed first for safety reasons.
Euless City Manager, Joe Hennig stated that the City of Euless agrees to a right turn
lane if Colleyville incurs the cost of construction, and that the City of Euless will try to
complete road construction prior to school beginning.
Councilman Feldman moved to table Resolution R-01-1772.
Councilman Taylor seconded the motion.
Mayor Donna Arp read a memorandum from Bob Stripling, dated February 8, 2000,
regarding the City of Euless SuperTarget.
Ayes: Councilpersons Short, Taylor, Feldman and Marlin
Nays: None
Mayor Arp declared the motion carried.
4
CITY COUNCIL MINUTES
MARCH 20, 2001
8. READING AND PUBLIC HEARING - Resolution R-01-1774 - Approval to
purchase document imaging software and hardware from DynaSource, Inc., in
the amount of $24,190
Mayor Arp opened the public hearing and read Resolution R-01-1774 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Taylor moved to approve Resolution R-01-1774.
Councilman Marlin seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman and Marlin
Nays: None
Mayor Arp declared the motion carried.
9. READING AND PUBLIC HEARING - Resolution R-01-1775 - Approval to
suspend the effective date of the proposed rate schedules of TXU Gas
Distribution; providing that the rate schedules of said company shall remain
unchanged during the period of suspension
Mayor Arp opened the public hearing and read Resolution R-01-1775 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Marlin moved to approve Resolution R-01-1775.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman and Marlin
Nays: None
Mayor Arp declared the motion carried.
STAFF REPORTS:
10. MONTHLY FINANCIAL REPORTS
There was no action taken on this item.
5
CITY COUNCIL MINUTES
MARCH 20, 2001
REPORTS
11. CITY COUNCIL WORKSESSION MINUTES - February 15, 2001
PLANNING AND ZONING COMMISSION MINUTES - February 26, 2001
CITY COUNCIL WORKSESSION MINUTES - February 28,2001
ZONING BOARD OF ADJUSTMENT MINUTES - March 13, 2001
12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 20, 2001 -
Reading and Public Hearing - Resolution R-01-1776
ADJOURNMENT:
14. 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 and Marlin
Nays: None
Mayor Arp declared the meeting adjourned at 8:50 p.m.
APPROVED THIS DAY OF
AYES, NAYS,AND
, 2001, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
6
ccencs
CITY COUNCIL '<<n' AGENDA BRIEFING
For mtg. : 04/03/01 CMO Approval:
Item # :
3b
Resolution # :
R-01-1777
Previous Action: None
DEPT. :
FINANCE
SUBJECT:
Approval of award of bid for lease purchase
financing of the Ford F-450 Medium Duty
Ambulance to SunTrust Leasing Corporation in
the amount of $130,665.89 for a four year period
- by Consent
Reading and Public Hearing
On January 17, 2001, the City Council approved the purchase of a 2001 Ford F-450
Type 1 Medium Duty Ambulance (total cost $124,850), with the purchase to be funded
through a lease purchase agreement. On March 27, 2001, the City received five bids
for lease purchase financing of the fire truck for a term of four years. Attached is a
recap of all proposals received. The proposal submitted by SunTrust Leasing
Corporation in the amount of $130,665.89 has the lowest interest rate and payments
over the term of the lease. The first year's payment on the lease is included in the
Fiscal Year 2001 Debt Service Budget.
(continued)
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C'ITY MANAGER
(~~~~
D-EPART D
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-00-1777
Page 2
Recommendation
Staff recommends that the award of the proposal for lease purchase financing be made
to SunTrust Leasing Corporation in the amount of $130,665.89 for a four year period
and Mayor Donna Arp be designated as the official authorized to execute all necessary
documents.
Attachments
. Recap of Lease Proposals
. Selected Pages of SunTrust Leasing Corporation Proposal (paper copy only)
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S~JECT TO, AND.'MADE A PART OF, THAT CERTAIN PROPOSAL DATED MARCH 22, 2001
REQUEITFORPROP08AL
S~.led propoI.1 re.pon... will be received at the City of CoUeyvllle City Hall 5400 Bransford Road
P.O. Box 186. Colleyvllle. TX 78034. Propoul re.pons.. received after the opening time and dAtE
will be returned to the lender, unopened.
The envelope should be marked:
PROPOIAL 1101-01
LEAIE PURCHAIE FINANCING - FORD F-4IO AMBULANCE
CL08E DATE: 312712001, 10:00 A.M. CST
In 8ubmlttlng the .ttached propoI.', Including terml. condition., Instructions to proposers s d
speclflC8tlon" the vendor agre88 that acceptance of any or all proposal items within a reasonable
period of time con.titutel a contract.
PROPOSAL NUMBER ........................... ................................. ........ ..........(RPF01-05)
PROPOSAL TlTLE..........................................(AmbuI8nce Lease Purchase Financir i)
OPENING TIMElDATE...................... .........(10:00 AM CST, Tuesday, March 27, '}r ~ ")
COMPANY NAME SunTrust Leasin~ Corporation
ADDRESS 120 East Baltimore Street, 24th Floor, Baltimore, MD 21202
TELEPHONE NUMBER 410-986-1916
FAX NUMBER 410-986-1780
PRINTED SIGNATURE Michael J.
AUTHORIZED SIGNATURE
AlltPltyrDPo..1 reIPon.e. are required to be Ilgned by an authorized repreaentative of the propo8in
en . Propos. I reapon_ received unllgned will not be considered. II
SUBJECT TO, AND MADE A PART OF,' THAT CERTAIN PROPOSAL DATED MARCH 22, 2001
MAR. -IS' 01 ITHUj 1;); 11
~jJr Of ~U~LLJVIL~t
P. 010
. SuBJECT TO, AND MADE A PART OF, THAT CERTAIN PROPOSAL DATED MARCH 22, 2001
IXHIBIT A
ICHEDULe OF LeAl! flAYM!NTI RELAnNG TO AMBULANCE
In...... ,.. ta to be quoted In Idvanca. All P.... will be mild. on or before October 10. with the exceptlor
of thl firm yelr and payment will be made . the tame at the ambulance d.,ivery which wJlI occur on or befon
April 30, 2001. Th. amount to be ftnllnced .1124.150 and will not be d..ignated ., bank qualified. The
City'. fiacal yur ta October 1. through September 3rfi. For ftecal year ended September 30, 2001. the C~
ha. budgeted a 134,000 peyment to be mlde on the .a.. at the time of delivery (on or before April 30. 2001)
Plel.. complete the remalndar of thlllchedule.
PAYMENT DUE DATE
NUMBER
1. 04130/2001
3. 10/1612001
3. 10/1512002
4. 10/1612003
Inter..t Rite : 4.25%
ANNUAL
PAYMENT
$34,000.00
INTEREST
PORTION
PRINCIPAL PRINCIPAL
PORTION BALANCE
Please see attached amortization schedule...
AddltloNlI Mllelnanloul F_lCha,..1
PlelleU,t below Iny additional mlacall.nlOUI fea. Dr charsa. a.ocIlt8d with the lease ICC8pwnce pay-off
or Iny other time during the term of the Ie.... If there .re no addltion.1 f.... pl.... state on the IIn';' below:
No closing costs or points. Prepayment premium negotiable.
Company SunTrust Leasing Corporation
AuthorIZed Agent Michael J.
Signature of Authorized Aglnt
Title of Authorized Agent Vice President
Date March 22, 2001
SUBJECT TO, AND MADE A PART OF, THAT CERTAIN PROPOSAL DATED MARCH 22, 2001
RFP .01-06 page 8 Propoasr'alnitiala
SUBJECT TO, AND MADE A PART OF, THAT CERTAIN DATED MARCH 22, 2001
Prepared By: SunTrust Leasing Corporation
Lessee: City of colleyville, Texas
Interest Rate: 4.25% (Annual Payments)
MolYr Payment Principal Interest Balance
1-Apr 34,000.00 33,883.24 116.76 90,966.76
1-0ct 32,221.63 30,450.76 1,770.87 60,516.00
2-0ct 32,221.63 29,621.68 2,599.95 30,894.32
3-0ct 32,221.63 30,894.32 1,327.31 0
----------- ----------- --------------------
----------- ----------- --------------------
Totals 130,664.89 124,850.00 5,814.89
SUBJECT TO, AND MADE A PART OF, THAT CERTAIN DATED MARCH 22, 2001
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.-'
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Community Development Department
Memo
From:
Dianne McWethy, City Manager ~
Barry LeBaron, Community Development Manager \ ~ c~
~0(~
To:
Date: 4/2/01
Re: GCISD Portable Building Request
I contacted Ms. Valerie See, GCISD Operational Services, regarding their plans to
eventually eliminate the portable classrooms at the Colleyville Elementary School
campus. She stated that their enrollment had somewhat leveled off and that is why
they are requesting a time extension for one more year. By December of this year,
they hope to be in a position of evaluating any remaining bond funds for possible
expansion of this school campus and then eliminating the portable classrooms.
. Page 1
~~
CITY COUNCIL ~m' AGENDA BRIEFING
For mta. : 04103/01 CMO Approval:
Item # :
3c
Resolution # :
R-01-1n7
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Approval of a request by Grapevine-Colleyville
Independent School District to extend a one year
permit for the placement of a portable classroom
at Colleyville Elementary School located at 5800
Colleyville Boulevard from April 4, 2001 to May
31, 2002 - by Consent
Reading and Public Hearing
Valerie J. See, Grapevine Colleyville Independent School District Operational Services.
has submitted a request to extend the permit to allow a portable classroom at Colleyville
Elementary School from April 4, 2001 to May 31, 2002. Last year the school district
moved a portable classroom from another campus and another portable classroom from
outside the city to Colleyville Elementary School. The portable classroom that was
moved from outside the city required a public hearing. The City Council approved the
request by Resolution R-00-1630 and placed a time limit of one year on the portable
classroom that was moved from outside the city. The one year time limit will expire on
April 4, 2001. Ms. See said that the enrollment at Colleyville Elementary School
remains at a level that necessitates using the portable classroom.
Recommendation
Approval of extending the permit to May 31,2002.
(continued)
FINANCIAL REVIEW (IF NECESSARY)
Attachments
. Letter from Valerie J. See, GCISD Operational Services
. Exhibit "An - Site Plan - Colleyville Elementary School
Agenda Briefing
Resolution R-01-1777
Page 2
3051 Ira E. Woods Avenue
Grapevine. TX 76051
817/488-9588
Metro 817/481-5575
Independent Sc/ioo[ (j)istrict
March 19, 2001
Colleyville City Council
c/o Bob Younger
5400 Bransford Road
Colleyville TX 76034
Dear Mr. Younger,
Last year the City Council approved and issued a permit for the placement of a
portable classroom at Colleyville Elementary School located at 5800 Colleyville
Boulevard for one year. On behalf of the Grapevine-Colleyville 1.5.0., I am
requesting an extension of the permit from April 4, 2001 to May 31,2002.
If you have any questions or need further information please contact me directly
at 817-251-5610 Monday through Friday.
Respectfully,
~
Valerie . See
GCISD Operational Services
~.. ECEI~v.mD
i~IAR ~ 1 2001
CITY OF COLLEYVILL~ ~NW~[ERIf\G OEPARTMENT
BY
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Exhibit "A"
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COLLEYVILLE ELEMENTARY SCHOOL
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CITY COUNCIL 'm' AGENDA BRIEFING
For mtg. : 04/03/01 CMO Approval:
Item # :
4
Ordinance # :
0-01-1273
Previous Action: 03/20/01
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Zoning Change requested by Matt Torbit, Mady
Development, from AG Agriculture to PUD-R
Planned Unit Development Residential, on 10.0
acres located at 3508 Glade Road, west of
Roberts Road, Case Z-01-005
Second Reading and Public Hearing
Update
At the March 20 City Council meeting, there was considerable discussion regarding the
perimeter screening and fencing of this development. The developer is proposing a
combination metal and tree fence on the north, east and west boundary lines with a
masonry screening wall facing Glade Road. However, Ms. Margaret Grantham, 3408
Glade Road, the adjacent neighbor located to the west, would like to have a wooden
privacy stockade fence, instead of the metal fence, constructed along a portion of her
common property line with the rear property lines of lots 5, 6 and 7. Staff is not
opposed to the wooden fence alternative, but the Planning and Zoning Commission
recommended a metal fence along the entire western boundary to maintain a consistent
appearance throughout the entire subdivision. The developer is willing to install the
type of fence City Council would approve. The attached ordinance retains the "all-
metal" fence along the entire western boundary line.
(continued)
cj),~ '1J7~
CITY~ --
1x Dc~~
DEPART ENT HEAD -
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1273
Page 2
Since the last meeting, staff received a letter (see copy attached) from Mr. and Mrs.
Gary Cantrell expressing their support of the project, provided that very specific fence.
and screening language is inserted into the approving ordinance that would prevent a
future property owner in the proposed subdivision from installing a wooden stockade
fence between the metal fence and the row of Leyland Cypress trees and presenting a
"piecemeal" look to the development. Staff agrees with this comment and has modified
the attached ordinance to include language to prohibit wood fencing from being placed
parallel between the metal fence and the row of trees.
The developer has also submitted a letter offering a minor language change to the
fencing regulation. Staff has incorporated the developer's comments into the text of the
attached ordinance. The language changes to the ordinance are shown on Attachment
3 below. An exhibit showing a typical metal ornamental fence section has also been
attached to the ordinance.
Recommendation
Denial due to technical non-compliance with the Land Development Code regarding the
20% open space requirement.
Additional Attachments April 3. 2001
· Letter from Mr. Cantrell w/attachments - Attachment 1
· Letter from developer - Attachment 2
· Changes to proposed ordinance from first reading - Attachment 3
First Reading and Public Hearing
Backaround
Matt Torbit, of Mady Development, has applied for a zoning district change on a 10.0-
acre parcel of land located on the north side of Glade Road, west of Roberts Road (see
Location Map - Attachment 1). The property is presently owned by Metroplex Covenant
Church. The applicant proposes a zoning change from AG Agricultural to PUD-R
Planned Unit Development Residential to allow for the development of 18 single-family
residential lots and 2 open space lots. The proposed lots exceed the requirements of
the PUD-R zoning district. The smallest lot is 16,408 square feet in area, and the
largest lot is 30,808 square feet in area. The average size of the residential lots is
19,935 square feet.
Agenda Briefing
Ordinance 0-01-1273
Page 3
The following is an analysis of the major issues associated with this zoning request.
Single Entrance Design. The Land Development Code requires that any single entry
subdivision with more than 12 lots provide an emergency entrance or an alternative
entrance as detailed in the Code. At the February 26, 2001 Planning and Zoning
Commission meeting, the Colleyville Fire Chief expressed a concern for the number of
single-family residential lots served by a single entrance development that has no
emergency access provision and also gains its access from Glade Road, a very busy
collector street in Colleyville.
The Fire Chief was concerned over the potential for an accident at the subdivision
entrance blocking emergency vehicle access to the development. The developer
agreed to install fire sprinkler systems in each of the homes that are constructed in this
subdivision. The Fire Chief is satisfied with this alternate proposal and this requirement
has been included in the text of the approving ordinance.
Cul-de-sac Length. The Land Development Code requires that a cul-de-sac that
exceeds 600 feet in length provide a 56-foot wide right-of-way and 36-foot wide
pavement section. The proposed development satisfies these requirements.
Open Space Design. The PUD-R zoning district requires that the development provide
a minimum of 20% open space for the use of the residents in the development. The
proposed layout only provides 4.2% open space. The applicant is requesting a waiver
of this requirement as allowed by the Land Development Code. In exchange for the
lower open space, the applicant proposes to require a larger minimum and average lot
size than is normally required in the PUD-R district. This request is further explained in
the attachments provided by the applicant. The Planning and Zoning Commission
discussed this waiver of the 20% open space requirement and has recommended
approval of the development as submitted by the developer, including the open space
waiver. The Planning and Zoning Commission and the City Council have the ability to
reduce the open space requirement in any PUD-R, provided it finds the reduction
appropriate for the development.
Perimeter Fencing. The developer is proposing to construct a six-foot metal
ornamental fence with cypress tree plantings to screen the development from adjacent
properties. However, at the March 12 Planning and Zoning Commission public hearing,
a representative of one of the adjacent property owners expressed concern with the
proposed development and requested the Commission to require the developer to
construct a masonry screening wall along a portion of the western property line of the
development.
Agenda Briefing
Ordinance 0-01-1273
Page 4
The Planning and Zoning Commission felt that the metal ornamental fence and cypress
tree plantings would satisfy the screening concerns and the consistency of the proposed
metal fence would be preferred over a masonry screening wall along a side portion of
the development.
Staff sent notices of the zoning change to the 15 property owners within 200 feet of the
property under consideration (see List of Property Owners - Attachment 2). Staff
received one letter of opposition (see letter from adjacent property owner - Attachment
3) and one letter of support (see Letter of Support - Attachment 4).
Imoacts
1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan,
adopted in 1998, which shows this area as a future single-family residential area.
2. Surrounding Properties. The properties located across Glade Road are zoned RD
Duplex and PUD-R, and are developed with single-family residences. The property
to the northwest is also zoned RD and used as single-family residences. To the
west are single-family residences on large acreage tracts. Metroplex Covenant
Church is located east of the site.
3. Infrastructure. The utilities in the area will accommodate the proposed
development. The developer will install all water, sewer, paving and drainage
improvements to the property as part of the development.
4. Development Trends. Little new development is occurring in the area as most of
the lots and parcels contain established single-family residences.
5. Trail System Plan. Sidewalks along Glade Road must conform to the provisions of
the Colle wille Pathways Plan for hike and bike trails. The Pathways Plan requires a
10-foot wide trail along Glade Road. The developer is required to construct the trail
as part of the public improvements for this property. Sidewalks will also be
constructed across the front of each lot by the homebuilder as new homes are
constructed.
6. Preliminary Plat. The zoning exhibit included with the proposed ordinance satisfies
all the requirements for the preliminary plat. This will allow the developer to proceed
directly with the preparation of a final plat and reduce the overall development time
for the subdivision upon approval of this zoning request.
Agenda Briefing
Ordinance 0-01-1273
Page 5
Summary
The developer has proposed a very upscale development for this location as described
in Attachment 5 - Information Provided by Applicant. The proposed zoning change is
consistent with the Land Use Plan, which designates this area as a future single-family
area. The proposed layout and preliminary plat meet the requirements of the Land
Development Code, with the exception of the 20% open space requirement.
Staff's recommendation of denial of this zoning case is based on this project not
meeting this technical requirement. The Planning and Zoning Commission and the City
Council have the ability to reduce the open space requirement in any PUD-R, provided
it finds the reduction appropriate for the development.
The Planning and Zoning Commission considered this rezoning request at the February
26, 2001 meeting and tabled action to allow the developer to respond to questions
regarding the perimeter fencing and issues associated with fire protection. At the March
12, 2001 meeting, the developer responded to these concerns and the Commission
recommended approval of the proposed development by a vote of 5 - O. Approval of
the attached ordinance incorporates the fencing and fire sprinkler requirements
described previously in this agenda briefing.
Recommendation
Denial due to technical non-compliance with the Land Development Code regarding the
20% open space requirement.
Attachments 3/20/01
· Location Map - Attachment 1
· List of Property Owners Notified - Attachment 2
· Letter from adjacent property owner - Attachment 3
· Letter of support - Attachment 4
· Information Provided by Applicant - Attachment 5
· Planning and Zoning Commission Minutes - Attachment 6
· Proposed Ordinance 0-01-1273
Attachments - April 3, 2001
Attachment #1
Letter from Mr. & Ms. Cantrell
Memonadum
To: Co1leyville City CoUDCiJpe:rsoDS
~ Mr. Barry Lc BIron. ~t4JeDt Head
Mr. Matt Torbit - Mady DevelopmeDt
From: Karen and Gary CaotreD - Property OWDeI' adjacent to proposed Beverly
Glen Subdivision
Subject:
Pc:rimeter Feuciog and ScreeniDg
We attended the City CoUDCil meetina on 20 March 01 aDd reviewed the proposed
Ordinance 0-01-1273.
We are in fawr of the proposed deYelopmeat, but are ccmcc::med about the pwUueter
screeniDs. We approw of tile ~ OrnA~l feoce with LeyJaDd Cypress trees planted adjacent
and parallel to the metal fmce. However, the proposed ordinance tbat we .mewed failed to
"prohibit wood fi:DciDg to be placed paraDel to the rear property Iioes to awid a piccePallook of
different bomeo~ coost:ructiDadi1ferent ilacing" as promised to us in the attached letter
dated 9 March 01 (Attttchl'J'etlt A).
SiDce a portion of Lot 7 and Lots 8, 9, and 10 will back up to our property, we do DOt
desire to see wood fi:Dcing constructed puaIlel to the metal fence between tile metal fence and the
cypress trees. Iftbe individual homeowners want "more privacy" than the cypress SCJW!fting. then
they should construct brick. rock, or wood fcDcing on the interior side ofthc cypress trees. so as
not to destroy the visl.W effect from our side as originally presented to us by photographs and the
attached letter.
Furthermore, to satisfy us and Mrs. 0raIJtbam. (who I understand deSires a wood tencc
screeniDs a portion ofher property), we suggest the attached Exhibit D be made a part of the
ordinance and revised to specially note where the metal fence with cypress trees will be located
and where the wood feDce will be located... keep it simple and display it in the o~.
If Karen aud I CIIDIlOt be !Ultlsficd wiIh the promise of a co.... ~ wall of either
(1) o~ metal with cypress trees, (2) brick, or (3) wood with brick columns on pliroinlllm
20 ft. centers, then we wiD not be in favor of you approving the mDiDg change.
Please caD me or Karen @ (817) 571-4834 if you have any questions or need
additional information.
Thmkyo\L *'~ f~
~Pf'~f Z'!I..r"
Attachment to. Letter from Mr. & Ms. Cantrell
9 March 2001
'.
Gary and Karen Cantrell
3400 Glade Road
Colleyville, Texas 76034
RE: PERIMETER FENCING AND SCREENING
Dear Mr. arid Mrs. Cantrell:
As requested in our meeting regarding the fencing and screening for our proposed
subdivision, Beverly Glen; below are the specifications for the metal ornamental
fence and Leyland Cypress per our verbal agreement from our meeting this past
Wednesday evening.
.,....... . Posts - 4" in width - 8' on center
,. · Horizontal Rails - 1 ~"in width at both the top and bottom ofthc fence
-" · Vertical Bars - %" in width with finials on top, 6" on center
.....' . AU metal will be painted black
.
In addition, we discussed the J..eyland Cypress which will be planted 10' on ~
with an 8' minimum height at time of planting. These trees will be planted just
inside the property line of this proposed subdivision so that they can be viewed
from the exterior. In addition, these trees will belocatCd within the confines of the
subdivision, and not on the outside of a fence, therefore avoiding access easements
on your property to maintain these trees. These Leyland Cypress will be planted
along all openings not already forested with oak trees on both the eastern and
western boundaries of this subdivision.
Finally, to address concerns voiced subsequent to our meeting this past Wednesday,
we will prohibit wood fencing to be placed parallel to the rear Dronertv lines to
avoid a piecemeil look of different homeowners constructin di encin .
The Ley ypress an e eXlstmg ost WI act as a living screen
providing a buffer between this proposed single family residential use and the
existing single family residential to the west and institutional use to the east,
Attachment to Letter from Mr. & Ms. Cantrell
Page 2
RE: PERIMETER FENCINO AND SCREENING
~ above specifications are what will be included in our draft ordinance presented
to the Planning and Zoning Commission this cominaMonday evening. I appreciate
the time that you took to meet with us in discussing this project and hope that we
have mivcd at a solution for fencing and screening that appeals to all the property
owners involved. .
If Y()U 'Should have any questions, please feel free to call me at 214-630.:0..81, cu.
124.
Respectfully,
MADY DEVELOPMENT CORPORATION
~~
Matt Torbit
cc: City of ColleyviUc:, Development Coordinator
Attachment to Letter from Mr. & Ms. Cantrell
Exhibit D- Fencing and Open Space Areas
REVIS E b
I
6' · 10' Metal Fence
J Open Space Area ]
Attachment #2
Letter from Developer
26 March 2001
Mr. Barry LeBaron
Community Development Manager
CITY OF COLLEYVILLE
5400 Bransford Road
Colleyville. Texas 76034
RE: ZONING CASE Z-Ol-005 - REVISIONS TO DRAFT ORDINANCE
FENCING SPECIFICATIONS FOR CLARIFICATION
Dear Barry.
In order to clarify the perimeter fencing requirements and restriction of this proposed
subdivision. please review the following for incorporation into the draft ordinance.
In a letter written to Clayton Husband on March 91h regarding the proposed ordinance
concerning this PUD-R. the following paragraphs were submitted regarding perimeter
fencing. Please make the following additions (shown by underlining) and deletions (sho\VTI
by a strike) to the original.
· Metal ornamental fencing li'i!I be required on tht: rf!ar property lines of euch
residential lot as a condition (?icity acceptuflce (~fthis proposed subdivision. This
mt:tal orname12lalfencing shall consist of./" posts. no i.rreater than 8' on center
with horizontal rails a millimum of 11;.: .. in width and vertical bars a minimum or
'.~ ,. spaced a minimum of el'e,:r 6" .4 1'{Jr;~1:i:"e ;~rJ/s" :;ha!.' he allBwed:o .my 11.
,:.;/'1;);'(' spt'ci.(h0 Jimcn:;.;,.'Il.', The fence is 10 be black in color und have u minimum
heighl of 6' measuredfi"oJn the ground to the lap c?(the ./ .. pasts. Till! propused
ordinance shall alloll" (he northern property lines (~f Lots 1 V. 11 and 12 on~I' to
hal'l! C1 fence of a he(~ht .from 6' to 10'; however. any height spec~fied for one
!lOr/ion o(said northern property line shall be usedfilr all portions to maintain a
cl/l1Sisll'nt height.
· . t 11\' II'. )".!,'(,I1~'in:r.: :.'1.11 ;\" .ul,,' p..wal.','i th~' II"c:;:,'.~,'1 or ~'a.,.:t;;rn ,"e.,I" pr~,p..Tfl' /ine.. or
a:/y ,If.: :... jll",dlii'l:f;:,.' /1.1111' !I'JJe o/addilional ft!nc:inl! is constructed in Ihe rear
rani or (11/1' 1m, other than {he fencim! on the side nronertl' line (md the ml!tal
ornamemal tencinf! on the rear propenv line;
Letter from Developer
Page 2
RE: ZONING CASE Z-Ol-005 - REVISIONS TO DRAFT ORDINANCE -
FENCING SPECIFICATIONS FOR CLARIFICATION
then said additional fencin2 shall be no closer than 15 feet orthe rear prQDertv line
of anv lot. This oaral!raDh shall not aDDlv to the nortltem DroDD1v lines onlv of
Lots 10. 11 and 12. In no wav shalllllll' fencinf! constnicted in l1li, rear varc/s
harm or inhibit the 2rowth and health of the Levland Cvpress trees Dlanted along
anv rear property line. Ws9ti /fHt8;1tg wit/lie 8l1swH als1tK s;ae J11"8J1s1'ty HrtB8
BS'U.SM intJfvifitltlt /SI6 with;,. .!tis fJP'8fJ8Se6slIl161h'iBi6,..
Again, as stated before in PNZ and Council hearings, we arc willing to work with the
adjacent property owner regarding fencing concerns. If City Council will allow a wood
privacy fence to be constructed on the rear property line of lots 5, 6 and 7; then we arc
willing to build a 6 foot wood privacy fence on metal posts, with overlapping pickets to be
capped on the top for a tailored appearance. If Council should follow PNZ's
recommendation and require the construction of a metal ornamental fence on the rear
property line of every lot, then we request that the ordinance read as follows for lots 5, 6 and
7 only. If any type of additional fencing is constructed in the rear yard of Lots 5, 6 and 7 of
Block 1 other than the jencing on the side property line and the metal ornamental fencing
on the rear property line; then said additionaljencing shall be no closer than 5 feet of the
rear property line of said Lot 5, 6 and 7 and must be of a uniform design for all three lots
and a minimum heightof6feet. As the rearoflots 5,6 and 7 are heavily forested with Post
Oaks, there would be no Leyland Cypress planted, therefore no specified space for their
growth, therefore no reason to set the fence back a minimum of 15 feet to accommodate
their growth.
We do not request any changes to the paragraph submitted regarding the Leyland Cypress.
If you have any questions, please feel free to call at your convenience. My mobile number
is 214-876-1382 and my office number is 2]4-630-0481, extension 124.
Respectfully,
MADY DEVELOPMENT CORPORATION
~1l-
Matt Torbit
. Cc: Clayton Husband, City of Colleyville
Gary and Karen Cantrell
Margaret Grantham
Bob Paulus, Metroplex Covenant Church
Attachment #3
Changes to the proposed ordinance from first reading
(Section 7 - Other)
c. There shall be a metal ornamental fence along the rear property lines of each
residential lot as a condition of acceptance of this proposed development. The
metal ornamental fence shall consist of 4" posts, no areater than eR 8' !m. centers
with ~ horizontal rails a minimum of 1-1/2" and ~ vertical bars a minimum of
%" spaced every 6 inches. .\ teleraRe8 ef 1/i" 8Rall 8e aeeefiita8le. Said fence shall
be 6 feet in height along the western and eastern boundaries and up to 10 feet in
height along the northern boundaries of lots 10, 11 & 12.
d. Leyland Cypress trees shall be planted adjacent to and parallel with the above
described metal fencing along the rear property lines of Lots 2 through 10, except
where there is a forestation of existing trees, and adjacent to a parallel with the rear
property line of Lots 15 through 19. Said Leyland Cypress trees shall be irrigated.
Said Leyland Cypress trees shall be a minimum of 7'-9" in height at time of planting
and spaced at 10' on center and be planted within 10' of the above described rear
property lines. No Certificate of Occupancy shall be issued for any primary
residential structure until said Leyland Cypress trees are planted as required herein.
e. No wooden fenciria shall be constructed between the metal ornamental fence
and the row of Levland Cypress trees. If any type of additional fencina is
constructed in the rear yard of any lot. other than the fencina on the side
property line and the metal ornamental fencina on the rear property line. then
said fencina shall be no closer than 15 feet of the rear property line of any lot.
This paraaraph shall not applv to the northern property lines onlv of lots 10.
11. and 12. In no way shall any fencina constructed in any rear yards harm or
inhibit the arowth and health of the Levland Cypress trees planted alona any
rear property line.
Attachments March 20, 2001
Location Map - Attachment #1
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List of Property Owners Within 200 Feet - Attachment #2
-
Mark J and Jennifer Gaffney
3402 Huntington Drive
Colleyville, TX 76034
Russell J and Elisa Kendzior
3404 Huntington Drive
Colleyvllle. TX 76034
Greg A and Gyna Gober
3406 Huntington Drive
CoIleyvllle. TX 76034
Kenneth and Mary Moriarty
5201 Bugle Lane
Colleyvllle, TX 76034
Karen Cantrell
3400 Glade Road
Colleyvllle, TX 76034
David L Bailiff Trust
6421 Camp Bowie Blvd
Suite 303
Fort Worth, TX 76116
Margaret F Grantham
3408 Glade Road
CoIleyville, TX 76034
Donald S and Tie" C Jones
3304 Saint Albana Circle
Colleyville, TX 76034
James P and Sue E Woolnough
1996 WooInough Living Trust
4904 Eversham Court
Steven E and Carolyn J Arendt
4906 Eversham Court
Colleyville, TX 76034
Dennis Sand Dewanna Faulkner
4905 Eversham Court
Colleyvllle, TX 76034
Daniel J and Patricia Dooley
4906 Queensbury Way E
Colleyville, TX 76034
Russell J Rieman
4904 Queensbury Way E
Colleyville, TX 76034
Ezequiel Sand EA Argenbright
4905 Queensbury Way E
Colleyville, TX 76034
David and Denise Fuller
4916 Prestwick Drive
Colleyville, TX 76034
Case %-01-005
According to the last published Tax Records dated 09-01-00, individuals
who own property that is within 2QO-feet of the proposed zoning change
requested are listed above. I certify that the parties listed above have
been mailed notice of the proposed zoning change request as required
by Chapter 211 of the Texas Local Government Code. Notices dated
February 16. 2001 .
J. Clayton Husband. AICP
Development Coordinator
Letter From Adjacent Property Owner - Attachment #3
February 23,2001
Mr. Matt Torbit
MADY DEVELOPMENT
1420 West Moc::Idngbird Lme Suite soo
Da11u, Texas 75247
Dear Mr. Tcrbit
Re: DewIopIBeId oIMetnpIa c..... C111D'C11 Tract.
Our CClIICerD with the propmal is tb8t this ZOIlina cbaae will place a higbcI' density devdopment in the middle of In
_ ZClDed fOr the lOMSt dr:nsity in the City ofColleyville. Coasequcntly, 'We believe that certain accommodatims
should be mlde by thole IeCtiDs a ZIlIIlm,'c:baae fOr Ibo Wnefit ofthcle wbo ba~ M1bcra11O die low dmsity
ZClDm, rules iom the "'00 of the C~ muter plan and who relied 00 the promise oflow dcasity zmiDa made
by the plm.
We uuderstand dud the deYeIapcr will bui1d lIIl 8' wall alooa the west boundary of my Idj8clm property IepII'ated
&om my ~ by a ~ t.rrier. It is a1Io oar UIIdenIIDdina dud the wall will consist ofintenals of
wooden &nee broken by IDIIOID')' sI8Dduds. The landscape herrier wiD be a row ofLeybmd C)'pI'SS trees.
This bIrria' between my property lIIld the deYeIopmCllt is my primary cancem. We 8rO in agreement with this
proposal in canc:ept. The fine points ~the plan that sre 1D8tcria11O us 8rO the mllowiD&:
1. What will be the tota1l1U1Dber oflDllOlD')' 1Qmdaods? What will be the Jcaath of tho wooda1 intcnaIs
IepUIIted by thClllC ItaDdIrds? My CClIlCfm is that the UlIC of IDIIOID')' lilIodIrds be used It 1eat up 10 the
point of my prase md that the plan IpClCify the width _ D1IJDber of IDIIOID')' sbmdmds or the length of
the inta-veninl wooden IpUlS .
2. How much space win be provided by the cIeveIoper fOr the landscepe bmricr? Leyland c::yprasI is a wry
aa:eptlble 1Jmdapo material. and I bave DO problem with the wptatioD...-1in8 CIIlto my 8CI'elIp.
~, the developmmt will obviously have 10 provide enCQgb space welt of the wall to acccmmodate
an irrigatioo iDstaIl8tion.
3. We understand that the developer will provide fOr the care of the landscape barrier includinl irrigation far 6
months. Will the hcmoowner's UIOCiatioo take l'a1poosibility fir mlking sure tho wgdatiOD is cared tOr
after this? I have a Leyland cypress hedp along the northern boundary of my property. Although
relatively droupt resistant, these plants require supplcmcntaJ irription in the sandy soil M share with the
developmmt.
4. It was originally repnlleDted 10 us that the west &cing wall would be built piocemeal as the 8 or 9 lacs
bordering the west wae IIOId ad dewloped. This is DOt eccept8bIe. We believe that the dewllcper should
provide fir the perimeter boundary as a single prqect.
lbese arc relatively minor II1atts'S, of coune, but 'We beIiew that lIIl aUractiw ad adequate boundary between what
is a higher density deYelopmcm ad our pnlpII'ty which is tho lowest demsity zcmiDs in the city is IIppI'ClIIriaae
Although M believe that it would be ~Opa iate ir the C~ 10 mAintain more low density residential zoning. it is
obvious that the tread in CoIleyville is to Ibo contnIry. In Jiaht of this, 'We believe dud if the questiClllS raised here
are adequately addreued there lIbould be DO oppositioo to the apprcwal of the plat 00 our part.
Sincerely
~~,<<)
Margaret Grmtbml
3408 Glide RaId
Colleyville, TX 76034
817283-1280
ECEIVE III
. J;"~q 2 6 ZOOl ..
CITY OF COLLEYVILLE
BY COMMUNITY DEVELOPMENT
Letter of Support - Attachment #4
. ~ "".. 4\IV"
Planning Jlnd Zoning Commission
CoIleyville, TX 76U3.a.
C'Pmmissioo Members:
Reference Zonine Case z.o 1~J05. 1 am the owner of, and resident in, the -:zoo r~er" property shown
above. J suppon the rezonina u requested by Mad)' Development Corp. from AO 10 PUD-R. as lonl as the
approval includes languapletricting this P"~1t)' 10 sinpc family detached, lIS specified in the Mady
letter of Fcb. 21, siped by Man Torbil. to Mr. Clayton Husband.. CoJlC)'viIJe OevelOPIII\i< Coordinator.
Sincerely,
~ Or-----....,
~~,~~
ames P. WooInoush
Information Provided by Applicant - Attachment #5
STATEMENT OF PLANNING OBJECTIVES
The applicant is proposing a PUD-R residential development with a reduction to the
Common Open Space. As stated in Chapter 3.23F of the Co/Jeyville Land
Development Code, Msaid open space may be varied downward by the City Planning
and Zoning Commission and City Council when a lesser-amount of such open space
would be more appropriate to the density of development or size of families or
households proposed in the project-. In retum, this PUD-R would require larger lots:
16,000 square foot minimum and a 20,000 square foot average. The applicant
believes that larger lots are of greater benefit to the potential homeowners, a greater
benefit to the surrounding property owners and to the City as they will generate
higher tax valuations as compared to a standard PUD- R subdivision. All open
space would be owned and maintained by a HOA formed by the applicant for this 18
lot subdivision.
The applicant generated several different lot layouts during their studies of the
property. Because of the size and shape of this tract, all of the studies providing
greater open space resulted in one of more of the following: greater loss of trees;
loss of the curvilinear street; lots 20% to 35% smaller than the proposed average;
lots narrower than 100 feet in width; and an open space that was not contiguous.
This proposed subdivision is surrounded by AG zoning on its west, north and east
boundaries. The north and east sides are used for church facilities. The west
adjoining properties are used as residential. To the south is RD zoning. however,
this tract has been developed as single family detached homes with an average lot
size just over 12.000 square feet. In the immediate area, the lots sizes proposed for
Beverly Glen are nearly identical to those found in Prestwick Park and Ashmore.
The proposed lot sizes far exceed those in Fox Meadows (also zoned RD) and
exceed all but 2 of the 9 phases of Woodland Hills.
Also, this tract is rectangular in shape with only the narrow side of the rectangle
fronting on an existing ROW. As a result, the applicant is requesting to plat 18 lots
on the proposed cul-de-sac; however, the applicant is also proposing a street of a
curvilinear design and front setbacks that conform to the RE and R40 zoning
districts. The applicant is not requesting a variance from any other portion of the
ordinance governing street design and widths as set forth in the ColJeyville Land
Development Code.
Finally, the applicant is requesting that the general location of the architectural entry
features and associated masonry walls shown in the attached exhibits be included in
this PUD-R ordinance.
~1L--
Matt Torbit, Marly Development, L.P.
Information Provided by Applicant - Attachment #5
(page 2)
DEVELOPMENT SCHEDULE
With the submittal of this zoning application to the City of Colleyville on January 26th,
below is the anticipated schedule for approvals and development.
26 January Submittal of Zoning Application and Preliminary Plat
26 February Presentation of zoning case at Planning and Zoning Commission
20 March Presentation of zoning case at Council Meeting - First Reading
3 April Presentation of zoning case at Council Meeting - Second Reading
3 May Submittal of Construction Drawings
2 July Release for Start of Construction
14 September Completion of Utilities
22 October Completion of Paving
19 November Final Inspection Approval
STATEMENT OF PROPOSED OWNERSHIP
The applicant will fonn an entity for the purchase and development of this property.
That entity will sell the lots to high-end custom builders for the construction and sale
of single family residences.
STATEMENT OF UnUTIES TO BE PROVIDED
Utilities with the appropriate capacities are available to the site. They will be
extended through the site during the construction of the subdivision.
ECONOMIC DEVELOPMENT BENEFITS
The City of Colleyville is not realizing the tax revenue that could be generated by a
single-family development due to the current property owner's parochial exemption.
Below is a table showing tax revenues based on 18 homes with an average
valuation of $600,000 assuming each home is owner occupied and takes the
standard homestead exemption.
Rates per $100 Assed
Value
Tax Revenue from 18
homes
City of Colleyville
Grapevine-Colleyville ISO
Tarrant County
Hospital District
County Co.llege
0.347400
1.582290
0.274785
0.234070
0.106410
$37,519.20
$166,615.14
$29,676.78
$25,279.56
$11,492.28
Total $270,582.96
~1L-
Matt Torbit, Mady Development, L.P.
Planning & Zoning Commission Minutes - Attachment #6
(Feb. 26, 2001)
Note: Minutes not available at this time for the March 12. 2001 meetina
PUBLIC HEARING - Zoning Change requested by Matt Torbit, Mady
Development, from AG Agriculture to PUD-R Planned Unit Development
Residential, on 10.0 acres located at 3508 Glade Road, west of Roberts Road.
Case 2-01-005
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Chairman Hart opened the public hearing.
Matt Torbit, 4919 Saddleback Road, Arlington, applicant. He stated they are providing
larger lots in exchange for requesting smaller open space. He stated the density of the
development of 1.8 units per acre is consistent with the Master Plan. He stated the tax
exemption on the property is not currently generating any revenue for the City, and that
the proposed development will provide significant revenue.
Jim Beaver, 2916 Oakbriar. He stated he is a member of the church and that the
church supports the development of the property and the proposed plan.
Margaret Grantham, 3408 Glade. She stated she has spoken with the applicant about
providing a landscape screen and consistent fencing along the west side of the
development.
Jeff Miller, 801 Colleyville Terrace. He spoke in favor of the request.
Richard Smith, 2112 Oak Knoll. He spoke in favor of the request.
Teri Solerno, Pleasant Run Road. She spoke in favor of the request.
Melody Moore, 4617 Shady Creek Lane. She spoke in favor of the request.
Robert Henry, 3515 Fox Glen Drive. He spoke in favor of the request.
Hans Schlimer, 3909 Deepwood. He spoke in favor of the request.
Gary Cantrell, 3404 Glade Road. He stated he is generally in favor of the change. He
stated the landscaping and fencing suggested by Ms. Grantham should be continued
along the entire western property line.
Mark Bolling 3029 Laurel Creek, Grapevine. He spoke in favor of the request. He
stated he is associate pastor at the church. He stated the church and the applicant
have discussed fencing along the north and east property lines and open space. He
stated there are facilities on the church property that are used by church members and
other groups.
Mike Johnston, Colleyville Fire Chief. He stated that the development should have a
second entrance. He stated that providing fire sprinkler systems in the houses would
help address this issue.
There being no one else wishing to speak, the Public Hearing was closed.
The Commission discussed the emergency access - requirements, uniform fencing
standards, grading and drainage, and open space.
Commissioner Gasper stated her concern about the possibility of frozen pipes if
sprinkler systems were installed. She stated that multi-family uses. should be
specifically prohibited in this PUD ordinance, as requested by the applicant.
Commissioner Hocutt stated his concern over setting a precedent if the waiver of open
space was granted.
Commissioner Edwards stated the ordinance should include the fencing standards and
when the fence should be built, and should address the emergency access vs. sprinkler
system issue.
Commissioner Gasper moved to table Case Z-01-005. Commissioner Edwards
seconded the motion. The vote being:
Ayes: Gasper, Edwards, Hocutt, Hart, Hollis, Wall, Hill
Noes: None
'ORDINANCE 0-01-1273
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE
CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING
MAP AND CHANGING THE ZONING OF A 10.0 ACRE TRACT OF LAND
LOCATED IN THE MINTER SURVEY, ABSTRACT 1034, AND PART OF LOT
1 R, METROPLEX COVENANT CHURCH ADDITION, IN THE CITY OF
COLLEYVILLE FROM THE AG AGRICULTURAL DISTRICT TO THE PUD-R
(PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING
FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION:
WHEREAS, an application for a zoning district change was filed by Mady
Development, L.T. on January 29, 2001, under Case Number Z-01-
005; and
WHEREAS, the City of Colleyville has complied with the notification
requirements of the Texas Local Government Code and the
Colleyville Land Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a 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 Exhibit A - Zoning Map, and described by
metes and bounds on the attached Exhibit B, - Metes and Bounds
Description, by changing the zoning of said property from the AG _
Agricultural district to the PUD-R Single Family Residential district,
and including any other conditions and restrictions imposed and
approved by the City Council, which are incorporated herein.
1. GENERAL
a. The purpose of this PUD-R is for single-family residential
development, constructed at an approximate density of 1.8
dwelling units per acre.
b. This pr9perty is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by
this Ordinance.
Ordinance 0-01-1273
Page 2 of 4
2. CONCEPTUAL PLAN AND PLATTING
a. Prior to the issuance of any development permits within this
PUD-R and as a condition to the development of the subject
property, the developer shall obtain approval of a final plat of
the property in accordance with the procedures and
requirements of the Colleyville Land Development Code.
b. The subdivision shall be generally consistent with the
conceptual site plan attached as Exhibit C, which shall be
considered the preliminary plat. The actual street and lot
arrangement may differ from that shown on Exhibit C to
accommodate topographic, drainage or other conditions.
3. PERMITTED USES
a. Single family residences, detached
b. Parks and open space
4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Residential lot requirements and setbacks shall comply with the
following provisions. Building line setbacks established by the
preliminary plat, which is attached as Exhibit C, shall control where
such building line setback is different from the following
requirements.
a. Minimum Lot Size
b. Average Lot Size
c. Minimum Lot Width
d. Minimum Lot Depth
e. Front Building Line
f. Side Building Line
g. Rear Building Line
16,000 square feet
19,900 square feet
100 feet
120 feet
40 feet
10 feet
25 feet
5. OPEN SPACE
a. This development shall provide a minimum of 4% common open
space as shown on Exhibit D which shall be for the leisure and
recreational 'use of the development's residents. The open
space shall comply with the provisions contained in the land
Development Code. All open space areas shall be landscaped.
b. Open space may be utilized for storm water detention.
Ordinance 0-01-1273
Page 3 of 4
c. There shall be a six foot masonry screening wall along the front
of the development facing Glade Road as shown on the
attached Exhibit D - Fencing and Open Space Areas.
6. SIDEWALKS AND TRAILS
a. Sidewalks shall be constructed along all interior streets in
accordance with the Land Development Code.
b. The developer shall construct a ten foot (10) wide hike and bike
trail along the north side of Glade Road adjacent to this-
property .
7. OTHER
a. Entry features and screening walls similar to those depicted in
Exhibits E, F and G may be located within the open space lots.
The entry features and screening walls shall be exempt from the
building line requirements provided the entry features and
screening walls are located on the open space lots and comply
with applicable vehicular visibility triangles required by the
Colleyville Land Development Code.
b. Each main residence within the development shall have a fire
sprinkler system conforming to the City of Colleyville's current
ordinances regarding fire protection system applicable to single -
family residential dwellings.
c. There shall be a metal ornamental fence along the rear property
lines of each residential lot as a condition of acceptance of this
proposed development. The metal ornamental fence shall consist
of 4-inch posts, spaced no greater than 8 feet on centers, with
horizontal rails a minimum of 1 % inches and vertical bars a
minimum of 3 feet 4 inches spaced every 6 inches. Said fence
shall be 6 feet in height along the western and eastern boundaries
and up to 10 feet in height along the northern boundaries of lots
10, 11 and 12. Said metal fence shall be similar to that shown on
Exhibit H.
d. Leyland Cypress trees shall be planted adjacent to and parallel
with the above described metal fencing along the rear property
lines of Lots 2 through 10, except where there is a forestation of
existing trees, and adjacent to a parallel with the rear property
line of Lots 15 through 19. Said Leyland Cypress trees shall be
irrigated. Said Leyland Cypress trees shall be a minimum of 7
feet 9 inches in height at time of planting and spaced at 10 feet
on center and be planted within 10 feet of the above described
rear property lines. No Certificate of Occupancy shall be issued
for any primary residential structure until said Leyland Cypress
trees are planted as required herein.
Ordinance 0-01-1273
Page 4 of 4
e. No wooden fencing shall be constructed between the metal
ornamental fence and the row of Leyland Cypress trees. If any
type of additional fencing is constructed in the rear yard of any lot,
other than the fencing on the side property line and the metal
ornamental fencing on the rear property line, then said fencing
shall be no closer than 15 feet of the rear property line of any lot..
This paragraph shall not apply to the northern property lines only
of lots 10, 11, and 12. In no way shall any fencing constructed in
any rear yards harm or inhibit the growth and health of the
Leyland Cypress trees planted along any rear property line.
Sec. 2.
THAT, any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
of the City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
Sec. 3.
THAT, the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,2001.
day of
The second reading and public hearing being conducted on the
,2001.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Exhibit A .. Location Map
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Exhibit B - Metes and Bounds Description
PROPERTY DESCRIPTION:
Desaiption for a tract of land situated in the G.W. Minter Survey, Abstract No. 1034, Tarrant County,
Texas, being a portion of Lot 1R, Metroplex Covenant Church Addition, an addition to the City of
Colleyvllle, Tarrant County, Texas, accotdlng to the plat recorded In Cabinet A, Slide 92, Plat Records,
Tarrant County, Texas, a portion of a tract of land desaibed in a deed to Metroplex Covenant Church,
recorded in Volume 8205. Page 1316, Deed Records, Tarrant County, Texas (hereinafter desaibed as
Tract I) and a portion of a tract of land desa1bed In a deed to Metroplex Covenant Church, recorded In
Volume 7904, Page 997, Plat Records, Tarrant County, Texas (hereinafter desalbed as Tract II) all being
more partlcularty described by metes and bounds as follows:
Beginning at a 5ISo capped Yandell & Hiller rebar rod found (Control Monument) In the north line of Glade
Road for the southwest comer of Tract I same being the southeast comer of a tract of land described in a
deed to Jerry Grantham, recorded in Volume 4189, Page 164, Deed Records. Tarrant County, Texas;
Thence N.ooo09'02"E. (base bearing), 1044.61 feet along the west line of Tract I and said Lot 1, same
being the east line of said Grantham Tract and Lot 1, Block 1, Pleasant Glade Farm Addition, an addition to
the City of CoUeyville, Tarrant County, according to the plat recorded in Cabinet A, Slide 721, Plat Records,
Tanant County, Texas, to a 1120 capped 1983 rebar rod set (Control Monument);
Thence S.89048'52"E., 417.0 feet to a 1120 capped 1983 rebar rod set;
Thence S.Ooo09'02"W., 1044.61 feet to a 112" capped 1983 rebar rod set in the north line of Glade Road
same being the south line of Tract II;
Thence N.S90 56'02"W., 1.80 feet along the north line of Glade Road same being the south line of Tract /I
to an "X" cut in concrete for the southwest comer of Tract II same being the southeast comer of Tract I;
Thence N.S90 4S'52"W., 415.20 feet along the north line of Glade Road same being the south line of Tract I
to the point of beginning and containing 1 0.0 acres of land more or less.
Exhibit C- Conceptual Site Plan & Preliminary Plat
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CITY COUNCIL Tms AGENDA BRIEFING
For mtg. : 04103/01 CMO Approval_:
Item # :
5
Ordinance # :
0-01-1274
Previous Action: 03/20/01
DEPT. :
ENGINEERING
SUBJECT:
Amending Section 2 of Ordinance 0-00-1236;
authorizing the expenditure of up to $71,671 for a
temporary signal at Main Street
Second Reading and Public Hearing
Backoround
Texas Department of Transportation (TxDOT) requires an Agreement between the
State of Texas and a local government before any work may proceed on a state
highway by anyone other than the State. The Agreement and the approved
construction plans will allow TxDOT to issue a permit for the improvements. The
engineers working for The Village at Colleyville and the City's engineers have been
working with TxDOT for items of construction which are on or adjacent to Colleyville
Boulevard (SH26). The Citv-Develooer Aoreement for The Villaoe at Collevville
addresses two of the items for construction, the median and a temporary traffic signal at
Main Street. The Agreement will allow the following to be permitted for construction:
(continued)
w~~ YJ;7~
C~N~'- -
jEPARr~ . - tf2
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1274
Page 2
. Construct the intersections of Main Street and Village Lane at SH26. The Village
engineers Baird, Hampton and Brown (BHB) have submitted plans to TxDOT, which
have been reviewed and approved by Colleyville engineering staff and TxDOT. The
cost of this construction is the responsibility of the developers of The Village at
Colleyville.
. Construct an asphalt center median between Glade Road and Main Street. BHB
has submitted plans, which. have been reviewed and approved by Colleyville
engineering staff and TxDOT. The City-Developer Agreement provides for "City
agrees to recommend approval to the Texas Department of Transportation (TxDOT)
of the SH26 median improvements" as per the plans prepared by Parsons
Transportation Group. The cost of construction of the median is the developers.
. Construct temporary traffic signals at Main Street and SH26. Plans by the Parsons
Transportation Group have been submitted and approved by TxDOT. The City-
Developer agreement provides that "City agrees to pay the design and installation
costs for a temporary traffic signal at the Main StreetlSH26/Thompson Terrace
intersection." The permanent traffic signals will be designed and constructed with
the SH 26 project.
Financial Impact
If the City Council amends the FY 2001 General Fund appropriation from $11,520,790
(Ordinance 0-00-1236) to $11,592,461 by the addition of $71,671 for the temporary
signal at Main Street and SH26, City staff will begin the final TxDOT approval and
bidding process for this project.
Recommendation
Approval of Ordinance 0-01-1274
Attachments
. Cover letter from TxDOT (paper copy only)
. Agreement with TxDOT (paper copy only)
. Ordinance 0-01-1274
*
I Texas Deparlment of Transportation
p.o. BOX 6868. FORT WORTH, TEXAS 76115-0868. (817) 370-6500
February 8, 2001
Mr. Robert Whitehead
Director of Public Works
City of Colleyville
P. O. Box 185
Colleyville, Texas 76034
REFERENCE:
Agreement Between the State of Texas and
the City of Colleyville, Texas
Dear Mr. Whitehead:
Attached for review and signature are four (4) copies of an Agreement between the State of
Texas and the City of Colleyville, Texas. This Agreement is for the purpose of constructing
two street intersections (Main Street and Village Lane), a raised asphalt curbed center median
within the highway, temporary traffic signal at Main Street, pavement improvements, drainage,
pavement markings, and related striping, and signing within the state right of way of SH 26
(Colleyville Boulevard) in the City of Colley vi lie, Texas.
Once the Agreements have been signed by the City, please submit the Agreements to the State
in order that they may be attached to approved construction plans for final signature. The
signed Agreements will be the necessary permit authorization to proceed with these prqjects
within the State right of way of SH 26.
Should you have any questions regarding this matter, please contact Chuck Humphries
at 817370-6526.
Sincerely,
~
Glenn E. Elliott, P.E.
Director of Maintenance
/hlh
Attachments
An Equal OpPOrTunity Employer
I
. . ~ "
STATE OF TEXAS ~
COUNTYOFTARRANT ~
AGREEMENT
BETWEEN THE STATE OF TEXAS
AND
THE CITY OF COLLEYVILLE
FOR INTERSECTION IMPROVEMENTS AT MAIN STREET
AND VILLAGE LANE AS WELL AS A RAISED CENTER MEDIAN BETWEEN
GLADE ROAD AND THOMPSON TERRACE THAT INCLUDES:
TEMPORARY TRAFFIC SIGNALS AT MAIN STREET, PAVING IMPROVEMENTS,
ASPHALT CURBING, DRAINAGE AND RELATED STRIPING AND SIGNING
WITHIN THE RIGHT-OF-WAY
OF
SH 26 (Colleyville Boulevard)
THIS AGREEMENT, is made by and between the State of Texas, acting by and through the
Texas Department of Transportation hereinafter called the "State", and the City of Colleyville,
Texas and/or its representative acting by and through its authorized officials, hereinafter called
the "City".
WITNESSETH
WHEREAS, the State owns and maintains a system of highways for public use and
benefit, including a segment of SH 26 (Colleyville Boulevard) which lies within the City of
Colleyville; and
WHEREAS, the City desires to construct the intersections of Main Street and Village
Lane as well as an asphalt center median, a temporary traffic signal at Main Street, pavement
improvements, asphalt curbing, drainage and related striping and signing by permit on an
existing section of SH 26 within the right-of-way limits; and
Page I of 5
. .
. . \
WHEREAS, the State acknowledges the common benefits of the City's proposal.
AGR~~MEN!
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and perfornled as hereinafter .
set forth, it is agreed as follows:
I. The State grants to the City license and permission to reconstruct the intersections
of Main Street and Village Lane and install an asphalt center median on SH 26 as shown in
Exhibit "An attached hereto for the above mentioned section of SH 26 within the limits of the
right of way. It is understood and agreed that the State does not purport, hereby, to grant any
right, claim, title or easement in or upon SH 26 or the right of way upon which it is constructed.
2. The City shall prepare or cause to be prepared approved plans for the work
incidental thereto. No construction work shall be performed on the State's right of way until
these plans have been approved by the State, and after such approval has been acknowledged in
writing, no changes or alterations shall be made therein without the written approval of the State.
All construction to be performed shall be in accordance with the latest version of TxDOT
ST ANDARD SPECIFICATIONS FOR CONSTRUCTION OF HIGHWAYS, STREETS AND
BRIDGES.
3. The City shall provide such detours, barricades, warning signs, flares, flashing
light signals and flagmen as are necessary to direct and protect vehicular traffic while the
construction work, as hereinabove described to be done on the State's right of way, is in
... .
progress. Details of these traffic control measures, conforming to the Texas Manual on Uniform
Traffic Control Devices for Streets and Highways, shall be shown in the plans. It: during
construction, it is necessary or desirable to modify the traffic control measures from those shown
on the plans, prior approval must be obtained from the State's District Engineer in Fort Worth.
4. The City shall be responsible for the entire cost of all work to be performed
associated with the construction of the intersections of Main Street and Village Lane as well as
the construction of the raised asphalt center median which are authorized herein.
5. Nothing contained herein shall ever be construed to place upon the State any
liability or injury to or death of persons, or for damage to or loss of property; arising from or i~
any manner connected with the work authorized herein.
6 Any contractor and/or City shall provide for insurance as follows:
A Worker's Compensation Insurance
Amount - Statutory
Page 2 of 5
.' \
B. Comprehensive General Liability Insurance
Amounts - Bodily Injury $500,000 each occurrence
Property Damage $]00,000 each occurrence
C. Comprehensive Automobile Liability Insurance
Amounts - Bodily Injury $250,000 each person
$500,000 each occurrence
Property Damage $]00,000 each occurrence
The State shall be included as an "Additional Insured" by Endorsement to policies issued
for coverages listed in Band C above. A "Waiver of Subrogation Endorsement" in favor of the
State shall be a part of each policy for coverages listed in A, Band C above. Any,contractor
and/or City shall be responsible for any deductions stated in the policy.
7. The State shall make suitable, frequent. and complete inspection of all materials,
and equipment, and construction work within the limits of the State's right of way in order to
determine that the construction meets all applicable requirements of the plans and specifications
for operation and maintenance by the State after its completion. The City will provide
opportunities, facilities and representative samples, as may be required, to enable the State to
carry on suitable, frequent, and complete inspection of all materials, and application methods,
sufficient to afford determination and certification by the State that the construction within the
limits of the State's right of way complies with the requirements of the approved plans and
specifications. The State will promptly notify the City of any failure of materials, equipment or
construction methods, and the City will take such measures as necessary to obtain acceptable
construction procedures without delay.
8. The City shall notify Mr. Mark Schluter, P.E., North Tarrant County Area
Engineer, telephone number (8] 7) 238-5900, Fort Worth, Texas, and Mr. Zach Sessions,
Northeast Tarrant County Maintenance Supervisor, telephone number (8] 7) 283-273], Euless,
Texas. They should be notified at least forty-eight (48) hours prior to beginning the work on
State owned right of way.
9 Mr. James Ward, Traffic Signal Supervisor, telephone number (8 I 7) 370-675 I,
shall be notified forty-eight (48) hours prior to beginning any excavation within the right of way
in order that the State may verify the existence of any electrical wiring. Failure to provide
proper notification will result in the immediate repair at the City's expense.
I Q, All utility companies shall be given prior notification of the pending construction
to ensure t~at no conflicts exist within the project area. All utilities that exist within the project
area and wIll be beneath the pavement as the result of this work, will be required to be adjusted
beyond the roadway surface. .
Page 3 of 5
".(
II. This agreement may be terminated by any of the following conditions:
(a) By mutual written agreement and consent of both parties.
(b) By the State by notice in writing to the City as consequence of failure by
the City to perform the services set forth in a satisfactory manner and
within the limits provided.
(c) By either party, upon the failure of the other party to fulfill its obligations
as set forth in this agreement.
(d) By satisfactory completion of all servIces and obligations described
herein.
The termination of this agreement shall extinguish all rights, duties. obligations and
liabilities of the State and the City under this agreement. If the agreement is terminated, the
existing roadway shall be returned to its original cross section and condition.
12. This agreement constitutes the sole and only agreement between the parties hereto
and supersedes any prior understandings or written or oral agreements respecting the within
subject matter.
Page 4 of 5
IN TESTIMONY HEREOF. the parties hereto have caused these presents to be executed ir
duplicate counterpartS.
CITI' OF COLLEYVILLE., TEXAS
By:
Typed Name
Title
Date
ATTEST:
City Secretary
THE STATE OF TEXAS
Executed for the Executive Director and approved by the Tex.as Transportation Commission
under the authority of Stand Alone Manual Notice 98~3 for tile purpose and effect of activating
and carrying out the orders. established policies or work programs heretofore approved by the
Texas Transportation Commission.
By:
Steven E. Simmons. P.E.
Typed Name
District En~ineer
Title
Date
Page 50f5
ORDINANCE 0-01-1274
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, RELATING TO FISCAL
YEAR 2001 BUDGET BY AMENDING SECTION 2 OF ORDINANCE 0-00-1236;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, there was an excess of revenues over expenditures in Fiscal Year 2000
and there were various items not funded in the approved Fiscal Year 2001
budget, the 2000 addition to fund balance could be used to fund the
Capital Project to construct a temporary traffic signal at Main Street and
SH26, in the amount of $71 ,671; and
WHEREAS, the appropriation was not included in the Fiscal' Year 2001 Budget
approved by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT all of the above premises are found to be true and correct and are
hereby incorporated into the body of this Ordinance as if copied in their
entirety therein.
Sec. 2.
THAT appropriations in the annual budget for Fiscal Year 2001, as adopted
by Ordinance 0-00-1236 are amended to read as follows:
General Fund
Utility Fund (Water & Wastewa~er)
Debt Service Fund
Drainage Utility Fund
$11,592,461
$ 7,791,611
$ 2,253,811
$ 394,639
Sec. 3.
THAT the City Manager is hereby authorized to make the appropriate
change to the budget to reflect the changes noted above.
THAT the effective date of this Ordinance shall be immediate upon its
passage.
Sec. 4.
Ordinance 0-01-127.
Pa,
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,2001.
day 0
The second reading and public hearing being conducted on the
,2001.
day o.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
cce~
CITY COUNCIL 7m< AGENDA BRIEFING
For mta. : 04/03/01 CMO Approval:
Item # :
6
Ordinance # :
0-01-1275
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Special Use Permit for a Carport requested by
John Horobec, on Lot 6R2, Block 4, Chelsea Park
Addition, located at 1809 Avalon Drive, Case Z-
01-006
First Reading and Public Hearing
BackQround
John Horobec is the owner of a lot located at 1809 Avalon Drive. A building permit for
the house, which is under construction, was issued on September 8, 2000. During a
routine inspection of the construction. it was noticed that a carport structure was added
to the east end of the house. The carport was not part of the original building plans.
The owner was advised of the carport requirements, and has submitted an application
for a Special Use Permit for review and consideration by the City Council.
The property at 1809 Avalon Drive is located on the south side of the road, just west of
Camelot Drive. The carport is located on the east side of the lot, approximately 70 feet
from the street. The property is zoned R20, which requires side yard setbacks of 10
feet. The carport encroaches into the required side yard.
( continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1275
Page 2
The carport regulations include design and location standards for carports. A
comparison of the regulations and the proposed carport is shown below. The proposed
carport does not meet all the requirements of the carport regulations. Staff
recommends denial of the SUP due to technical non-compliance with the regulations.
CARPORT ZONING COMPARISON
Category Zoning Requirement Applicant Proposal
1. Maximum Size 480 sq. ft. 276 sq. ft.
2. Longest Dimension Allowed 24 ft. 24 ft.
3. Maximum Height 15 ft. to highest point of roof 13ft.6in.
4. Side and Rear Setback 10 ft. /25 ft. less than 1 ft. side / 60+ ft. rear
5. Maximum Number Per Lot 1 1
6. Paved Parking Surface Concrete, asphalt or pavestone Concrete
7. Roof Pitch 2:12 minimum 3:12
8. Construction of Posts brick, stone or decorative metal 12" wide brick column supports
between 12" and 48" in width
Since the carport is attached to the house, the carport must meet the minimum side
yard setbacks of 10 feet. The carport has a side yard setback of less than one foot.
The owner has requested a variance from this requirement.
Staff mailed fifteen notices to adjacent property owners regarding this request and
received no correspondence or letters in support or opposition at the time the agenda
was prepared. One person spoke in opposition to the special use permit at the March
12 and March 26, 2001 Planning and Zoning Commission meetings.
The Planning and Zoning Commission conducted a public hearing and considered this
special use permit request at its March 12 and March 26, 2001 meetings and
recommended denial of the request by a 6-1 vote (Hart opposed).
Since the Planning and Zoning Commission recommended denial of the request, a
super-majority vote (4 of 5) of the Council is required to approve the special use permit.
If the request is denied by the Council, the owner will have to remove the carport from
the house and property.
Recommendation
Denial, due to technical non-compliance with the carport regulations
Attachments
· Carport Drawing
· House Elevation Showing Carport Location
· Development Review Committee Memorandum
· Applicant Correspondence
· List of Property Owners Receiving Notice of Public Hearing
· Planning and Zoning Commission Minutes
· Ordinance 0-01-1275
Agenda Briefing
Ordinance 0-01-1275
Page 3
Carport Drawing
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AVALON DRIVE (50' R.O.lf.)
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R<ONT E' EVA TION
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Develo'pment Review Committee Memorandum
DAlE March 1, 2001
FAX TO John Horobec
FAX NO email: ihorobec@aol.com
FROM Clayton Husband, AICP, Development Coordinator
SUBJEC Z-01-006 Special Use Pennit for Carport - 1809 Avalon Drive
T
The Colleyville Development Review Committee (DRC) has reviewed your zoning
exhibit and zoning change request submitted to this office on February 16, 2001. The
following comments are for your consideration.
ZONING EXHIBIT DRAWING
1. Additional infonnation about the carport is needed. Provide a fully dimensioned
exhibit showing the setbacks of the structure in relationship to the property lines. An
example drawing is attached. The minimum side setback for the carport is 10 feet;
the minimum rear setback is 25 feet.
CARPORT REGULATIONS
The following comments are related to the carport structure. The comments indicate where
the proposed structure does not technically comply with the carport regulations. You must
submit a letter addressed to the City Council requesting a waiver from each of these
requirements and describing why the waiver should be granted. Please be advised that the
Planning & Zoning Commission and City Council have complete discretion as to whether to
grant a waiver from the requirements.
1. Setbacks. The regulations require a minimum side setback of 10 feet for a carport that is
attached to the main structure.
2. Posts. The regulations require that the posts be constructed of brick, stone or decorative
metal. Provide a description of the post construction materials.
OTHER INFORMATION
1. If the Council approves the special use pennit, the owner must still apply for a building
penn it for the structure. Questions about building penn it applications and procedures may
be directed to the Building Inspection Department at 817-577-7570.
Development Review Committee Memorandum
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, March 12,2001,7:00 p.m.
Tuesday, April 3 and April 17, 2001, 7:30 p.m.
RESUBMITTAL REQUIREMENTS
Please submit the following to our offices:
· a fully dimensioned drawing showing the setbacks of the structure in relationship to the
property lines
· a written letter requesting a waiver from the requirements previously stated, if necessary,
and reasons for the waiver
The revised drawings must be submitted no later than Wednesday, March 7, 2001 in order to
make the scheduled hearings. Please call me if you have any questions.
C: CHOYCE MORROW, PE, ENGINEERING
CHRIS STEUBING, ENGINEERING
KEITH FISHER, ENGINEERING
RED BAILEY, FIRE DEPARTMENT
BOB YOUNGER, BUILDING INSPECTION
KELLY HOWELL, PUBLIC WORKS
MIKE SOAB, ECONOMIC DEVELOPMENT
DIANNE MCWETHY, CITY MANAGER'S OFFICE
Applicant Correspondence
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List of Property Owners Receiving Notice of Public Hearing
Eugene A and Imogene Sodree James A and Diane F Lee Kenneth Charles Hunter
1812 Avalon Drive 1808 Avalon Drive 1804 Avalon Drive
Colleyville. TX 76034 Colleyville, TX 76034 Colleyville. TX 76034
Michael W McCoy Robert M and Julia A Hood Craig Sand Dezann Korbuly
1800 Avalon Drive 5105 Camelot Drive 5101 Camelot Drive
Colleyville, TX 76034 Colleyville, TX 76034 COlleyville, TX 76034
John M Griffin Floyd Hand Jo A Hancock Alvin J and Susie Pierce
1813 Avalon Drive 1805 Avalon Drive 1801 Avalon Drive
Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Greg and Patricia Rondeau Richard W Hlad Crawford R Maddux
5013 Camelot Drive 1812 Arthur Drive 1804 Arthur Drive
Colleyville, TX 76034 Colleyville. TX 76034 Colleyville, TX 76034
Paul C Higgins Gregory and Tracie G Sohl Marl< R and Carol A Emst
PO Box 164 1800 Arthur Drive 5009 Camelot Drive
Colleyville. TX 76034 Colleyville, TX 76034 Colleyville. TX 76034
Case Z.Ol-006
According to the last published Tax Records dated 09-01-00. individuals
who own property that is within 2oo-feet of. the proposed zoning change
requested are listed above. I certify that the parties listed above have
been mailed notice of the proposed zoning change request os required
by Chapter 211 of the Texas Local Government Code. Notices dated
March 2, 2001.
J. Clayton Husband, AICP
Development Coordinator
Planning & Zoning Commission Minutes
March 12,2001
4. PUBLIC HEARING - Special Use Permit for a Carport requested by John Horobec,
on Lot 6R2, Block 4, Chelsea Park Addition, located at 1809 Avalon Drive. Case Z-
01-006
Barry ~eBaron presented the case to the Commission and reviewed the staff briefing.
He said that the applicant is asking for a 4' waiver from the side yard setback because
the carport is closer to the property line than the regulations allow. He said the quality
of the structure is excellent. Mr. LeBaron said that the applicant is out of town and has
requested that the Commission not take action until their next meeting. Mr. LeBaron
said that citizens have been notified of the public hearing and the Commission could
open the public hearing and take input and at that time make a determination if they
want to close the public hearing and delay action.
Chairman Hart said that he lives in Chelsea Park and has talked to the applicant and
some neighbors. He said that nobody he has talked to has objected to the carport.
Commissioner Hill asked for clarification of the picture and drawing in the packet.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Richard Ladd, 1812 Arthur Drive, he noted that another small building on the property is
only 3.6 feet from the property line. He said that the roofline of the carport could pour
water onto and wash out the neighbor's existing fence. He is opposed.. Commissioner
Hill asked Mr. Ladd if he had an opportunity to speak with the Knights, the neighbor he
was speaking about. Mr. Ladd responded that he did not.
Chairman hart closed the public hearing because no one else was present to speak.
Commissioner Hocutt moved to table the case as per the applicant's request
Commissioner Hollis seconded the motion. The vote being:
Ayes: Gasper, Hocutt, Hollis, Hill, Hart
Noes: None
ORDINANCE 0-01-1275
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE
CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING
MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT ON LOT
6R2, BLOCK 4, CHELSEA PARK ADDITION; PROVIDING FOR A PENAL TV
FOR VIOLATIONS AND AUTHORIZING PUBLICATION:
WHEREAS, an application for a zoning district change was filed by John
Horobec on February 19, 2001, under Case Number Z-01-006; and
WHEREAS, the City of Colleyville has complied with the notification
requirements of the Texas Local Government Code and the
Colleyville Land Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a 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.
Sec. 2.
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 Location Map attached as Exhibit A, and described as
Lot 6R2, Block 4, Chelsea Park Addition, by authorizing a Special
Use Permit for a carport, and including any other conditions and
restrictions imposed and approved by the City Council, which are
incorporated herein.
a. The side yard setback from the east property line shall be at
least six (6) inches.
b. The carport structure shall remain unenclosed on three sides.
c. Rain gutters shall be installed on the carport. The water runoff
from the carport shall be directed towards the street.
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.
Ordinance 0-01-1275
Page 2 of 2
Sec. 3.
THAT, the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by Jaw.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,2001.
day of
The second reading and public hearing being conducted on the
,2001.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Exhibit A - Location Map
Z 01 006 -
SUP for Carport -1809 Avalon Drive
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CITY COUNCIL Two AGENDA BRIEFING
For mtg. : 04/03/01 CMO Approval:
Item # :
7
Resolution #:
R-01-1778
Previous Action: 03/20/01 A roved Public Hearin
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
A request by Colleyville Presbyterian Church to
place two additional portable buildings at 715
Cheek Sparger Road
Reading and Public Hearing
The Code of Ordinances specifies that the City Council must hold a public hearing prior
to considering a request for a permit to move a modular building into the City.
Colleyville Presbyterian Church has submitted a request to place two additional
temporary buildings on their property at 715 Cheek Sparger Road. They currently have
four modular buildings at this location. Two buildings were moved to the church
property in 1991 and two more were added in 1996.
The buildings will be used as classrooms, measure 24' x 64', include HVAC and
restrooms, and be located west of the playground area as indicated on the site plan.
The portable buildings, manufactured by RamTech, are labeled "New Portable
Classroom Buildings" and an arrow on the site plan, Exhibit "A", indicates the location of
the two proposed portable buildings. The church did not request a time limit, however,
staff is recommending a two year time limit for the two new buildings that will expire at
the end of the school year in May 2003.
A letter of opposition (attached) was received from Frances Whitehead, the owner of Lot
8, Block 1, Saddlebrook Addition.
kR:m~
B~A'-
DEPART ENT HEAD
(continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1778
Page 2
Recommendation
Approval with a two year time limit for the two new buildings to expire at the end of the
school year May 2003
Attachments
. Exhibit "A" - Site Plan - Colleyville Presbyterian Church
. Location Map and Area of Notification
. List of Property Owners Within 300'
. Letter of opposition
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LOCATION OF TWO (2)
PROPOSED PORTABLE
BUILDINGS
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Site Plan - Colleyville Presbyterian Church
EXHIBIT "A"
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LOCATION MAP & AREA OF NOTIFICATION
REQUEST FOR PORTABLE BUILDINGS, CASE # G-01-004
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The City of Bedford
P.O. Box 157
Bedford, TX 76095
Karen Cantrell
P.O. Box 96
Colleyville, TX 76034
Tara Village Animal Hosp Inc.
611 Cheek Sparger Road
Colleyville, TX 76034
Saddlebrook HID Assoc Inc.
P.O. Box 382
Colleyville, TX 76034
Victor & Patricia Oavis
600 Summertree Ct.
Colleyville, TX 76034
Frances Whitehead
601 Summertree Ct.
Colleyville, TX 76034
Paul & Cynthia-Ramsey
603 Summertree Court
Colleyville, TX 76034
Nancy Sands
4006 Southwood St. W.
Colleyville, TX 76034
Robert & Arail Colon
4004 Southwood St. W.
Colleyville, TX 76034
William & Sanrea Share
4002 Southwood St. W.
Colleyville, TX 76034
Paul & Suzanne Harrington
4000 Southwood St. W.
Colleyville, TX 76034
Barbara Johnson
4009 Southwood St. E.
Colleyville, TX 76034
Ralph & Carole Paul
4002 Mockingbird Lane
Colleyville, TX 76034
Richard & Oebbi Kirkland
4000 Mockingbird Lane
Colleyville, TX 76034
John Colby
4001 Mockingbird Lane
Colleyville, TX 76034
Reed & Kimberlee Way
803 Inwood Lane
Colleyville, TX 76034
J. D. & Sandra Shipp
901 Inwood Lane
Colleyville, TX 76034
Gregory & Michelle Jones
903 Inwood Lane
Colleyville, TX 76034
Colleyville Presbyterian Church
Attn: Jill Stallard
715 Cheek Sparger Road
Co lIeyville , TX 76034
Covenant Christian Academy
Attn: Jill Stallard
715 Cheek Sparger Road
Colleyville, TX 76034
Case G-O 1-004
~cc?r~ing to the,last published Tax Records dated 09-01-00, individuals who own property that
IS within the 300 of the proposed request. I certify that the parties listed above have been
notified of the proposed request to move portable buildings into/within the City as
required by City Code. (Notices dated: March 21, 200~
Jan Levy V!
Planning & Zoning Assistant
.
Mrs. Fran Whitehead
601 Summertree Ct.
Colleyville TX 76034
City Council
City of Colleyville
P.O.Box185
Colleyville TX 76034
March 23, 2001
Dear CounCil Members:
I am strongly opposed to allowing Colleyville Presbyterian Church to place any additional
portable buildings at 715 Cheek Sparger Road. I have lived in Saddlebrook Subsubdivision for
over 15 years and have seen this quiet., pastoral community change to. a noisy, traffic laden, far
less desirable place in which to live. Portable buildings do nothing to enhance the beauty hor
value of Colleyville property and 1 sincerely hope you will not approve their request.
Sincerely ~
J~J~
Fran Whitehead
RESOLUTION R-01-1778
A RESOLUTION APPROVING THE PERMIT FOR TWO ADDITIONAL
PORTABLE BUILDINGS FOR COLLEYVILLE PRESBYTERIAN CHURCH
WHEREAS, Colleyville Presbyterian Church has requested a permit to place two
additional portable buildings at 715 Cheek Sparger Road; and
WHEREAS, The City Council on April 3, 2001, held a public hearing on the above request
and received comments from all persons wishing to speak on the request.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the request of CoUeyville Presbyterian Church for a permit for two
additional portable buildings at 715 Cheek Sparger Road is hereby approved
for a period of two years to expire at the end of the school year May 2003.
AND IT IS SO RESOLVED.
Passed by a vote of ayes,
of ,2001.
nays and
abstentions on this the
day
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
cc@m~
CITY COUNCIL 1m- AGENDA BRIEFING
For mta. : 04/03/01 CMO Approval:
Item # :
8
Resolution #:
R-01-1779
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT: A request by C. L. Madden, III for a waiver of
the perimeter street improvement requirement
for Lot 1-R and Lot 2, Block 1, Jennings
Estates located at 6112 Hunter Lane
Reading and Public Hearing
C. L. Madden is the owner of a 3.000-acre tract of land located at 6112 Hunter Lane
Road, north of Shelton Drive. The owner submitted a replat of the property that created
two lots, one of which will be for a new house on the property. The Planning and
Zoning Commission approved this plat at its March 12,2001 meeting.
The owner is seeking a waiver of perimeter street improvement requirements for this
property's frontage on Hunter Lane. Mr. Madden does not own any contiguous
property, and a letter from the owner is attached. Also attached is a copy of the
worksheet provided by the Engineering Department to estimate the perimeter street
costs. The following table shows the pertinent data relative to this request.
STREET
Hunter Lane
FRONTAGE
167.40 feet
TOTAL ESTIMATE
$ 19,569.53
COST PER LINEAR FOOT
$ 116.90
(continued)
~~ )?/?~
CITY MANAGER
.~~ F<<: e.....
R . NT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1779
Page 2
In previous cases of requests for a waiver of perimeter street improvement
requirements, the Council approved all requests for properties that could not reasonably
be divided into more than two lots. Given the current zoning of R30, and the required
lot width of 125 feet, this property could not be divided into more than two lots. Any
future plats that may include this property would require a reevaluation of the perimeter
street improvement requirements.
Recommendation
Approval of Resolution R-01-1779
Attachments
· Location map
· Letter from Applicant
· Worksheet from Engineering Department
· Resolution R-01-1779
Location Map
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Z-01-002 AG TO R30 - 6112 HUNTER LANE
Letter from Applicant
March 13. 2001
City of ColleyviJIe
5400 Bransford Road
P.O. Box 185
CoHeyvllle. TX 76034
Re: Jennings Estates
lot 1-Rand lot 2, Block 1
I am the cunent owner of the property located at 8112 Hunter Lane. I submitted
a subdivision plat to the CIty of CoIleyvlf1e to divide my property into two lots, one
of which contains my own home. The other lot will be sold to a family to
construct.their home. The planning & Zoning Commission approved the plat lit
their March 12, 2001 meeting.
It is my understanding that the Clty's Land Development Code requires
improvements to perimeter streets or payment of escrow as pan of the plat
approval. I am requesting that the CityCounal consider 8 waiver of this
reql.irement for this subdivision plat, as allowed by the land Development Code.
The property is zoned R-30. which requires 30,000 s.f. tots. The property will not
be further divided into more lots with the current zoning. The portion of Hunter
Lane where the new lot is located Is not shown on the city's thoroughfare plan for
widening or improvement In the Mure.
. Thank you for your consideration of this request. .
Sincerely,
Q~{~~-
C. L. Madden, III
6112 Hunter Lane
Colleyvllle. TX 76034
817-247-7900
Worksheet from Engineering Department
Perimeter srreer Fee Esfjmilles Prepared: Man:h 2a. 2001
EstJmales tor MIIjoI' and Miner CoIedOtS
(6" thick reinlorced concrele)
Loc.iIlion : Hunter ROMf 2.une Undivided Roadway
1oI1rontage: 167.4 It.
PlMng Cement Slab. Curb and Gl4ler SidewlIlk ExcaWIKln UtiIiIies (l8Ica1e) 0tainlIge Engi.-mg Conlq,gency
10% of Pmna 1 0'Il. of PII\Iina 10% of Total 1()'l(, of TolIl
SlSY S 23.00 S 2.00
Oly. (SY) 502.20 502.20
SllF $ 2.50 S .
Oly (LF) 1674 167.4
SAml S 1,155.06 S 1,155.06 S 1,334.55 $ 2.001.83
$ICY S 6.00
Otv(CYl 62.00
Totals $ 11.550.60 S 1.00440 S 418.50 S . S 372.00 S 115506 $ 1155.06 $ 1 565562 S 2.34l!.34
ITotal Est: S 19.569.53 I (.um of 1I111olals)
ILF Talal: S 116.90 I
Prepared by: Ch~ Morrow ~Dment E~cjneM
City 01 Calleyville Engineenng Department
RESOLUTION R-01-1779
A RESOLUTION APPROVING A WAIVER OF
PERIMETER STREET IMPROVEMENT REQUIREMENTS
FOR LOTS 1-R AND 2, BLOCK 1, JENNINGS ESTATES
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the perimeter street improvement requirements for Lots 1-R and 2,
Block 1, Jennings Estates, are hereby waived.
AND IT IS SO RESOLVED.
Passed by a vote of
day of
ayes,
,2001.
nays and
abstentions on this the
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
cc.~
CITY COUNCIL Tw< AGENDA BRIEFING
For mta. : 04/03/01 CMO Approval:
Item # :
9
Resolution # :
R-01-1780
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT: A request by Mark Wines for a waiver of the
perimeter street improvement requirement for
Lots 1 & 2, Block 1, Wines Addition located at
201 L. D. Lockett Road, at the northwest
corner of BettinQer Road
Reading and Public Hearing
Mark Wines is the owner of a 2.995-acre tract of land located at 201 L. D. Lockett Road,
at the northwest corner of Bettinger Road. The owner submitted a plat of the property
that created two lots for the construction of new houses on the property. The Planning
and Zoning Commission approved this plat at its March 12, 2001 meeting.
The owner is seeking a waiver of perimeter street improvement requirements for this
property's frontage on L. D. Lockett Road and Bettinger Road. Mr. Wines does not own
any contiguous property, and a letter from the owner is attached. Also attached is a
copy of the worksheet provided by the Engineering Department to estimate the
perimeter street costs. The following table shows the pertinent data relative to this
req uest.
( continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1780
Page 2
STREET FRONTAGE TOTAL ESTIMATE COST PER LINEAR FOOT
LD. Lockett Road 428.29 feet $ 68,110.01 $ 159.03
Bettinaer Road 188.07 feet $ 26.099.94 $ 138.78
Total 616.36 feet $ 94,209.95 $ 152.85 (averaae)
In previous cases of requests for a waiver of perimeter street improvement
requirements, the Council approved all requests for properties that could not reasonably
be divided into more than two lots. Given the current zoning of R40, and the required
lot width of 150 feet, this property could not be divided into more than two lots. Any
future plats that may include this property would require a reevaluation of the perimeter
street improvement requirements.
Recommendation
Approval of Resolution R-01-1780
Attachments
· Location map
· Letter from Applicant
· Worksheet from Engineering Department
· Resolution R-01-1780
Location Map
P 01 007 Wines Addition
LD Lockett Road
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Letter from Applicant
Reauest for Waiver
MlIrcb 12.2001
To: City Council
Collc,'Vilk:, T~JaIS
Prom: MaR: Willes
Property O\\'DCI"
Rc: Proposed MWincs AddilioD~
Dear Sirs.
I am requesting a WaiYCl of the, "!'trimeter SlRCllmpnn-"CmCD.IM. c:ash escrow for the: JlIUIlO5l'd.
MWiru:s Additian:'
Sincerely, ,1
--:7' V'
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/:t-{7A: / (/.--~
Robert Mark Wines
Worksheet from Engineering Department
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~~
RESOLUTION R-01-1780
A RESOLUTION APPROVING A WAIVER OF
PERIMETER STREET IMPROVEMENT REQUIREMENTS
FOR LOTS 1 AND 2, BLOCK 1, WINES ADDITION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE,' TEXAS:
Sec. 1.
THAT the perimeter street improvement requirements for Lots 1 and 2, Block
1, Wines Addition, are hereby waived.
AND IT IS SO RESOLVED.
Passed by a vote of
day of
ayes,
,2001.
nays and
abstentions on this the
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
.~
CITY COUNCIL 7m. AGENDA BRIEFING
For mtg. : 04103/01 CMO Approval:
Item ." :
10
Resolution'" :
R-D1-17B1
Previous Action: None
DEPT. :
CITY MANAGER'S OFFICE
SUBJECT: Opposing House Bill 64 and Senate Bill 339 that
would require elected officials, city managers, and
city attorneys to file a financial statement
disdosing their personal finances and the finances
of their spouse and dependent children.
Reading and Public Hearing
House Bill 64 and Senate Bill 339 have been introduced to the Texas State Legislature.
Passage of the two bills will require elected officials, city managers, and city attorneys to
file financial disclosure statements for their personal finances and the personal finances
of their spouse and dependent children.
( continued)
~~ ~UL~
CITY MANAGER
. .
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1781
Page 2
Hearings for House Bill 64 were held on February 12 before the House State Affairs
Committee. The committee took no action. On March 13, Senate Intergovernmental
Relations Committee hearings were held to discuss Senate Bill 339. Senator Jeff
Wentworth, author of the bill, proposed amending the bill to only affect cities with a
population greater than 100,000. However, there was no action taken during the
meeting that would have amended the proposed bill from its original text. Currently,
both bills remain in committee. .
The Texas Municipal League (TML) testified at both hearings in opposition to the bills.
TML argues that the bills will deter potential elected officials from running for office,
create a barrier for small cities to retain attorneys, and make it difficult for cities to recruit
city managers. Also, TML continues to recommend cities oppose House Bill 64 and
Senate Bill 339.
Recommendation
Approval of R-01-1781
Attachments
. Resolution R-01-1781
RESOLUTION R-D1-1781
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS,
EXPRESSING ITS OPPOSITION TO HOUSE BILL 64 AND SENATE BILL 339 THAT
WOULD REQUIRE EACH ELECTED CITY OFFICIAL, EACH CITY MANAGER, AND
EACH CITY ATTORNEY TO FILE A FINANCIAL STATEMENT DEl AILING THE
PERSON'S FINANCES AND THE FINANCES OF THE PERSON'S SPOUSE AND
DEPENDENT CHILDREN; AND, DECLARING AN EFFECTIVE DATE.
WHEREAS, the Texas State Legislature is considering the passage of House Bill 64
and Senate Bill 339 that would require an elected official, city manager,
and city attorney to disclose the personal details of their finances and the
finances of the person's spouse and dependent children; and
WHEREAS, the requirements contained in House Bill 64 and Senate Bill 339 will
have a chilling effect on the willingness of many people to run for office,
or stay in office, particulal1y in smaller cities like the City of Colleyville;
and
WHEREAS, the vast majority of elected officials are essentially volunteering their
services, and passage of House Bill 64 and Senate Bill 339 will serve as
a deterrent to possible qualified candidates and other city officials such
as city managers and city attorneys if they must make public some of
their most personal and private information; and
WHEREAS, the Texas Municipal League has opposed House Bill 64 and Senate Bill
339 in public testimony to the Texas State Legislature stating that the
negative impact will deter potential mayors and councilmembers from
running for public office, create a barrier for small cities to retain
attorneys, and make it difficult for cities to recruit city managers; and
WHEREAS, city officials are currently subject to conflict of interest statutes, crjminal
statutes, state law ethics opinions, and, in many instances, local charter
and ethics ordinances; and
WHEREAS, the adoption of House Bill 64 and Senate Bill 339 would indicate a
"presumption of corruption" that exists throughout local governments in
the State of Texas; and
WHEREAS, the City of Colleyville disagrees that such a presumption of corruption
exists and believes that the current laws governing conflict of interest
sufficiently address the issues governing potential and real conflicts of
interest without violating the city official's personal right to privacy.
Resolution R-01-17f
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEVILLE, TEXAS:
Sec. 1.
THAT the City Council of the City of Colleyville, Texas, strongly oppose
House Bill 64 and Senate Bill 339 that would 'require each elected
official, each city manager, and each city attorney to file a financial
statement detailing the person's finances and the finances of the
person's spouse and dependent children.
Sec. 2.
THAT the City of Colleyville joins Texas Municipal League in opposing
this legislation that would deter city officials from participating in city
government.
Sec. 3.
THAT this Resolution shall take effect upon the date of its passage. .
AND IT IS SO RESOLVED.
Passed by a vote of
day of
ayes,
,2001.
nays, and
abstentions, on this
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
Planning & Zoning Commission
Minutes - March 12, 2001
Page 1 of 8- Approved 03/26/00
The regular meeting of the Planning and Zoning Commission was called to order by Chairman
Hart at 7:00 P.M. on March 12, 2001.
Roll Call:
Present:
Tom Hart, Jo Ann Gasper; Joe Hocutt, Mark Hollis, Bryan
Hill
Luann Edwards, Jeffrey Wall
Barry LeBaron
Absent:
Staff:
Invocation:
Commissioner Hill
Approval of Minutes:
February 26,2001
Commissioner Gasper moved to approve the minutes. Commissioner Hollis seconded the
motion. The vote being:
Ayes: Gasper, Hocutt, Hollis, Hill, Hart
Noes: None
1. Minor Plat of Wines Addition, Block 1, Lots 1 and 2, requested by Robert Mark Wines, 2.995
acres located at 201 L. D. Lockett Road, at the northwest comer of Bettinger Road. P-01-007
Barry LeBaron presented the case to the Commission and reviewed the staff briefing.
Commissioner Gasper moved to approve the Wines Addition, Case P-01-007.
Commissioner Hill seconded the motion. The vote being:
Ayes: Gasper, Hocutt, Hollis, Hill, Hart
Noes: None
2. Minor Plat of Colleyville Community Center Addition Block 1, Lot 2, requested by the City of
Colleyville, 4.363 acres located at 5201 Riverwalk Drive. P-01-008
Barry LeBaron presented the case to the Commission and reviewed the staff briefing.
Commissioner Gasper moved to approve the Colleyville Community Center Addition, Lot
2, Block 1, Case P-01-008. Commissioner Hocutt seconded the motion. The vote being:
Ayes: Gasper, Hocutt, Hollis, Hill, Hart
Noes: None
3. PUBLIC HEARING - Replat of Jennings Estates, Block 1, Lots 1 Rand 2, requested by C. L.
Madden, 3.00 acres located-at 6112 Hunter Lane. P-01-009
Barry LeBaron presented the case to the Commission and reviewed the staff briefing. He
explained that whenever there is a residential replat the Commission must hold a public hearing.
He said the Mr. Madden has agreed with the engineering department to provide an asphalt
Planning & Zoning Commission
Minutes - March 12,2001
Page 2 of 8- Approved 03126100
turnaround to satisfy their requirement. He said that this asphalt will complete the turnaround at
the' end of Hunter Lane. Mr. LeBaron said that staff is changing their recommendation from denial
to approval because the engineering request has been met. He said that the 50' width of the one
lot would be a waiver from the minimum width requirement at a public street. Mr. LeBaron said
that the plat drawing will need to label the turnaround as an easement.
Chairman Hart opened the public hearing. No one was present wishing to speak and Chairman
Hart closed the public hearing.
Commissioner Gasper moved to approve the replat of Jennings Estates, Block 1, Lots ~ R
& 2, Case P-01-009. Commissioner Hill seconded the motion. The vote being:
Ayes: Gasper, Hocutt, Hollis, Hill, Hart
Noes: None
4. PUBLIC HEARING - Special Use Permit for a Carport requested by John Horobec, on Lot 6R2,
Block 4, Chelsea Pari< Addition, located at 1809 Avalon Drive. Case Z-01-006
Barry LeBaron presented the case to the Commission and reviewed the staff briefing. He said
that the applicant is asking for a 4" waiver from the side yard setback because the carport is closer
to the property line than the regulations allow. He said the quality of the structure is excellent. Mr
LeBaron said that the applicant is out of town and has requested that the Commission not take
action until their next meeting. Mr. LeBaron said that citizens have been notified of the public
hearing and the Commission could open the public hearing and take input and at that time make
a determination if they want to close the public hearing and delay action.
Chairman Hart said that he lives in Chelsea Park and has talked to the applicant and some
neighbors. He said that nobody he has talked to has objected to the carport.
Commissioner Hill asked for clarification of the picture and drawing in the packet.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Richard Ladd, 1812 Arthur Drive, he noted that another small building on the property is only 3.6
feet from the property line. He said that the roofline of the carport could pour water onto and wash
out the neighbor's existing fence. He is opposed. Commissioner Hill asked Mr. Ladd if he had
an opportunity to speak with the Knights, the neighbor he was speaking about. Mr. Ladd
responded that he did not.
Chairman Hart closed the public hearing because no one else was present to speak.
Commissioner Hocutt moved to table the case as per the applicant's request.
Commissioner Hollis seconded the motion. The vote being:
Ayes: Gasper, Hocutt, Hollis, Hill, Hart
Noes: None
Planning & Zoning Commission
Minutes - March 12,2001
Page 3 of 8- Approved 03/26/00
5. TABLED ITEM - Zoning Change requested by Matt Torbit, Mady Development, from AG
Agriculture to PUD-R Planned Unit Development Residential, on 10.0 acres located at 3508
Glade Road, west of Roberts Road. Case Z-01-005
Commissioner Gasper moved to remove the case from the table. Commissioner Hill
seconded the motion. The vote being:
Ayes: Gasper, Hocutt, Hollis, Hill, Hart
Noes: None
Barry LeBaron presented the case to the Commission and reviewed the staff briefing. He said
that in response to the comments by the Commission at the last meeting, the applicant has
agreed to put in a 20' greenbelt along the eastern border and it is still below the 20% requirement.
He said that the fire chief was concerned about the emergency access issues and the applicant
has responded by offering to mandate sprinkler systems in the homes other than the two lots that
abut Glade Road because they cannot get a second entrance into the subdivision. He said that
the concerns about the fencing and landscaping and the developer has included wroughf iron
fencing and landscaping to mitigate any concerns by the neighbors. Mr. LeBaron said that the
staff recommendation is the same as in the past when a development does not meet the technical
requirements for open space and that is denial. He told the Commission that it is their prerogative
to make a different recommendation to the City Council.
Chief Johnston spoke in support of the developer's proposal for sprinkler systems in the homes.
Commissioner Gasper requested that the Chairman ask the developer for clarification about the
different kinds of fences in the subdivision. Matt Torbit said that iron fencing was proposed along
the western property line, along the northern property line, and then back down the eastern
property line. He said that masonry fencing would be a backdrop for the landscaping in the open
space along the front. He said that Leyland Cyprus trees would be planted on the inside of the
iron fencing to provide a living screen for privacy. He said that in a heavily wooded area a wood
fence may need to be used for screening. Commissioner Gasper said that the proposed
ordinance does not have any wording regarding fencing and Mr. LeBaron responded that it would
have to be added. Ms. Gasper said that she would like to see everything that has been agreed
to be placed into the ordinance. Commissioner Hill said that the applicant submitted a letter dated
March 9, 2000 that had language to be incorporated into the ordinance and he asked staff to
review it. He said that if was adequate, he would want it incorporated into the final ordinance if
the Commission recommends approval.
Chairman Hart said that the reason an emergency access or sprinkler systems were needed was
because of the length of the cul-de-sac. Mr. LeBaron said that it because of two issues: the
length of the cul-de-sac and the number of lots. Chairman Hart asked why the applicant did not
need to provide sprinkler systems for the first two lots. Fire Chief Johnston said that if the
detention pond is located in the same place as proposed on the changed exhibit, only one house
would not need to be sprinkled, however, he would propose that all dwelling be required to have
interior sprinkling systems to be consistent within the subdivision. Chairman Hart said that it
would seem that the houses below the maximum length of a cul-de-sac would not be required to
have interior sprinkling systems. Fire Chief Johnston said that since there is no alternate access
Planning & Zoning CommissIon
Minutes - March 12,2001
Page 4 of 8- Approved 03/26100
into the subdivision, it wouldn't matter if it was the second house in or the last house on the block,
the fire department couldn't get to an emergency if the access was blocked from Glade Road. He
said that because of the traffic on Glade Road there is a greater chance for the entrance to be
blocked.
Commissioner Gasper asked the applicant if they required him to have all of the houses to have
an interior sprinkler system, would he be opposed? Mr. Torbit responded that the last time he met
with the Commission he was given three things to resolve: the sprinklers, the fences, and the
open space. He said that the first time he met with the Commission, he thought that the wider
entry would be adequate, and then had to offer the sprinklers in the homes because of any
potential blockage. He said that if the two homes could be accessed by Glade Drive, the concern
would be taken away and that is why he left those lots out of the requirement. He said that the
cost added for sprinkler systems is substantial.
Commissioner Hollis asked how Mr. Torbit considers lot 19 accessible with the detention area
behind it. Mr. Torbit said that there is not another home to block it. Commissioner Hollis asked
Chief Johnston if he considers the detention area as an obstacle to the dwelling. He responded
that it would an obstacle as there is a safety factor involved with crossing a detention area on
Glade Road. He said that he would recommend that the house should have a sprinkler system.
He said that he can understand the developer's concerns about the cost, but he would
recommend consistency within the subdivision. Chief Johnston said that it would help the
firefighters in route to a fire to know that all of the dwellings in the subdivision have interior
sprinkler systems and not have to remember if any were exempt. Commissioner Hollis said that
another obstacle between Glade Road and these two dwelling would be a fence.
Commissioner Hill said that sees that the developer has worked very hard to overcome objections
and it may be a hardship for him to require the two lots to have sprinkler systems. He said that
he could be in favor of exempting the two lots from being required to have sprinklers.
Commissioner Gasper moved to recommend approval of the zoning change request with
the ordinance to have the language in it regarding the fences and all of the houses are
required to have interior sprinkler systems. Commissioner Hill seconded the motion.
Discussion about the open space of the subdivision ensued by the Commission. Commissioner
Hollis asked Mr. Torbit if he would be requesting any additional changes from City Council if the
item were passed as recommended. Mr. Torbit responded that the plan works as stated. He said
that he negotiated with the church and has provided an additional tract that is along the eastern
boundary. He said that the additional property enlarges the open space over 5% to 7.5%. He
said that the area would be landscaped with Leyland Cyprus trees and pictures of the trees are
included in their packets. He said that they are proposing that the church be able to incorporate
the area into their 20' required landscaping buffer when they develop their property. Mr. Torbit
said that he would not ask City Council to take back any concessions that were discussed by the
Planning & Zoning Commission. Mr. Torbit said that as long as the landscaped area along the
eastern bo~ndary can serve as the church's adjacent landscaping buffer, if and when they
develop their property, he would not ask for anything else.
Planning & Zoning Commission
Minutes - March 12, 2001
Page 5 of 8- Approved 03126100
Mr. LeBaron said that the difficulties with that requirement is that he is trying to use the buffer on
this PUD to act as a buffer that would be required by an adjacent development that might occur
in the future. He said that if the adjacent property owner wants to be relieved of that requirement,
they need to go to the Zoning Board of Adjustment and seek a variance on the basis that there
is already a buffer there and why double the requirement. He said that to ask this development
to provide the buffer to the adjacent property when they don't know what is going to happen on
the adjacent property in the future shouldn't be done. He said that the adjacent property
development plans need to stand on their own.
Commissioner Hill asked if it should be stated that it is their intent and hope that the City may
consider a future waiver of the landscape buffer for the adjacent property. He said that it may be
helpful to clarify their intent without it being binding. Several Commissioners agreed that this
developer can't seek relief on adjacent development. Commissioner Gasper asked Mr. Torbit if
the church is aware of the difficulty he has in guaranteeing something that is in the future that has
to do with their property. Mr. Torbit explained that the church had to be guaranteed the waiver
in order for him to negotiate the additional open space. He said that if it cannot be guaranteed
then he needs to eliminate that strip of open space and keep the exhibit as it was in the original
layout.
Chairman Hart said that he sees the Commissions options are: 1) table the case, 2) vote the
zoning change down, or 3) allow the developer to have the open space he proposed in the first
exhibit. Chairman Hart said that this is a very difficult piece of land to develop. Commissioner
Gasper said that she does not see the open space as a problem, because other developments
in the area have little to no open space and they can't guarantee what will happen on the adjacent
property in the future. Commissioner Hill said that he agreed and appreciates the openness of
the developer.
Commission Gasper requested to amend her motion to recommend the approval of the
zoning change request with the 4.2% open space by eliminating the 20' greenbelt along the
church property is not a part of the plan. The developer stated that the Cyprus trees will be
planted on the development side of the property, rather than the church side with the elimination
of the open space along the eastern border. Commissioner Hill agreed to the amendment
Commissioner Gasper moved that they suspend the rules and open a public hearing.
Commissioner Hill seconded the motion. The vote being:
Ayes: Gasper, Hocutt, Hollis, Hill, Hart
Noes: None
Chairman Hart opened a public hearing for the case. Those present wishing to speak were:
Keith Grantham, 222 East Riverside Drive, Suite 208, Austin, Texas, said he was here to
represent his mother who owns property on the southwest boundary. He said that he is in favor
of a masonry fence to separate six proposed lots from his mother's property. Mr. Grantham said
that Mr. Torbit indicated that economics did not allow for a masonry fence at that location. He
said that he and his mother were the ones who initially discussed the landscaping for screening.
Mr. Grantham said that it was considered that they would have an eight feet wooden fence that
was broken by stone or masonry columns and the details were provided in a letter to the
Planning & Zoning Commission
Minutes - March 12,2001
Page 6 of 8- Approved. 03/26/00
Commission dated February 21, 2001. He said that they are not opposed to the PUD in general
terms, they are concerned about the barrier between the six neighbors they are going to have with
their backyards abutting theirs. Mr. Grantham said that they want privacy fencing rather than iron
fencing and said that the Leyland Cyprus trees will not grow in the heavily wooded area and ther~
is little vegetation that will grow in the shade. He said that privacy cannot be obtained without a
wooden fence. Mr. Grantham said that he thinks the developer should carry the burden for
providing the privacy. Chairman Hart said that the developer has stated he would provide a
wooden privacy fence to abut Mrs. Grantham's property and if the developer could have his way
he would want to be consistent with iron fencing for the entire perimeter of the subdivision.
Commissioner Gasper said that the motion includes to have the consistency of iron fencing all the
way around. Commissioner Hocutt said that he understood that the developer would have iron
fencing all the way around where he could grow the Leyland Cyprus trees and where the trees
would not grow, homeowners could provide a wooden privacy fence on their side of the iron fence.
Mr. Grantham said that lots 4, 5, and 6 would require a privacy fence. Commissioner Hill said that
he was not specifically aware of Commissioner Gasper's desire to have wrought iron fencing all
the way around the subdivision, and he does not have a strong feeling either way about it. He
said that he would not want this issue to become a stumbling block for the passage of a good
PUD-R. He said that he would not be opposed to the developer granting the adjacent long time
homeowner's request. Mr. Grantham said that his mother's property is not conducive to future
development because of the width of the parcel. He said that the current plan does not call for
masonry columns and they would request that the Commission consider requiring masonry
columns and an appropriate privacy fence adjacent to Mrs. Grantham's property.
Commissioner Gasper said that she feels very uncomfortable about a wooden fence along Mrs.
Grantham's property, because the wrought iron fence is going to be more attractive in the long
run and easier to maintain. She said that the Commission needs to look at what is best for the
whole community and having consistency along the boundaries is best. Commissioner Hill said
that he does not disagree. He said that he heard Mr. Grantham's comments about supplementing
the wooden fence with masonry columns at the end of the hearing and that would make it more
of an economic burden on the developer.
Mr. Grantham spoke again and said that if the Commissioners drove down Glade Road and
looked at the topography of the area, they will see that there is a definite geographic break
between the area where the iron fence will be and where the requested wooden fence will be. He
said that there is nothing that would not allow them to put their own wooden fence at that location,
but they feel that there is a lot of money involved in the proposal and the developer. He said that
when the property was originally sold to the owners, property was selling for under 25 cents per
square foot and will now go for $5.00 per square foot when developed. He said the developer will
have an inventory of homes of about ten million dollars or more and a wooden fence with brick
columns along six lots will not be a huge percent of the total budget. He said that he thinks the
Commission is making a mistake if they allow the developers to not put some up front money into
the project to solve the issue. Mr. Grantham said that he did not think the Commissioners'
concerns about having a consistent kind of fencing around the subdivision is warranted because
of the very serious geographical difference at this location.
Chairman Hart closed the public hearing.
Commissioner Hollis said that it comes down to the property owner's right to use the property and
Planning & Zoning Commission
Minutes - March 12, 2001
Page 7 of 8- Approved 03/26/00
it doesn't include any inconsistency in the fencing. He said he doesn't think the Commission can
say that it must be done, but it would be nice if it could be worked out. He said that as the current
motion states, a consistent wrought iron fence is worth more to the City in the long run.
Commissioner Gasper said that is her feeling and with the landscaping and the possibility of a
homeowner putting in a privacy fence for a pool, the wrought iron fencing consistently around the
subdivision is best for the City. She said that it is their job to balance the rights of all the property
owners, including the rights of the church to sell the property, and the rights of the adjacent
property owners to not suffer from development and what is best for the City. Commissioner
Hocutt said that he agreed, but if it impractical for Leyland Cyprus to grow in the area, the
developer has set aside dollars for the trees and if they won't grow it is a waste. tie
recommended the parties to get together and use the funds set aside for the trees, it would be
helpful. Chairman Hart said the PUD will go to the City Council and they will hold public hearings.
Commissioner Hollis asked if there was anyway leave a developer's option in the PUD to leave
room for further negotiation and have it go on from the Commission to the Council. Commissioner
Gasper said that the current motion regarding fencing there is not an exception for those lots.
The developer, Matt Torbit, said that the way he rewrote the revision to the application, he may
have been misleading about the Leyland Cyprus. He said that the Leyland Cyprus would be
planted only at the openings. Commissioner Gasper said that when the language is written for
the ordinance, it needs to be clear that the Leyland Cyprus would not be plated where trees are
currently growing. Commissioner Hill told Mr. Grantham that the developer has always offered
to place a wooden fence along their property, but they don't agree with that concept.
Commissioner Hill said that when a PUD is drafted and you want to allow room for people to
negotiate later, but you don't want the developer to be in a position of violating the terms of the
PUD by doing that negotiating. Commissioner Gasper said that the PUD-R does not affect what
can be done by the adjacent property owners. She said that the one thing that she has seen is
that someone put up lattice for screening along the wrought iron fence. She said that she does
not see the fence as an economic issue and she requested the wrought iron fence for the benefit
of the community. Commissioner Hill said that the developer has offered many features and he
would not want to see him have to construct both a wrought iron fence with a privacy fence along
side of it.
Commissioner Hocutt said that he wanted to talk about open space. The developer, Matt Torbit
said that they could offer more open space at the expense of reducing the lot sizes.
Commissioner Hocutt said that by providing more open space by adding a 20' wide section of
property along the boundary, it does not meet the intent of what is trying to be accomplished with
open space. He said that there is no park area and children would not be utilizing the twenty foot
area and it is basically a buffer. Commissioner Gasper said that she would rather wait until the
church develops the property and allow them to put in the buffer at that point when they know
what is going into the area. Commissioner Gasper said that there would be a wrought iron fence
with Leyland Cyprus trees on t~e inside of the fence and it will give the impression of being open.
Commissioner Hocutt said that there is a masonry fence adjacent to Glade Road. He asked if the
wrought iron fence will go all the way to Glade Road or stop at the masonry fence. Mr. Torbit said
that the metal fence was not intended to fence off the open area. He also said that they were
proposing R40 front setbacks to give the subdivision a more open feeling to the streetscape. He
said that the wrought iron fence would stop at the buildable lots, Lot 19 would have the iron fence
Planning & Zoning Commission
Minutes - March 12,2001
Page 8 of 8- Approved 03/26/00
and Lot 20 would not be fenced in on the eastern boundary. Commissioner Hocutt asked if the
church would be agreeable to that scenario because it would put a pond with easy access from
their recreation fields and safety may be compromised. Chairman Hart said that this was the
same plan that they originally had except for the sprinklers and the wrought iron fencing all the
way around and people from the church were in favor of the plan.
Barry LeBaron recapped that there is a motion by Commissioner Gasper and a second by
Commissioner Hill to approve the request as submitted adding language regarding the perimeter
wrought iron fence and language saying that all houses shall be sprinkled. He said that the
motion was amended by Commissioner Gasper and agreed to by Commissioner Hill to reduce
to open space to the original 4.2% by removing the 20' greenbelt along the eastern boarder.
Commissioner Hollis stated that there will be no assurances to the church of any use of the
property. The developer said that that was acceptable to him.
Chairman Hart stated that they have a motion to approve case Z-01-005 with the amendments
as stated into the record by Barry LeBaron. He called for a vote. The vote being:
Ayes: Gasper, Hocutt, Hollis, Hill, Hart
Noes: None
6, Citizens' comments regarding items not on the agenda: There were none.
7, Staff comments, reports and discussion items: The Commissioners welcomed Barry back.
8. Commissioners' comments and reports: They asked for a report on the health of the staff.
ADJOURNMENT:
The Commission moved to adjourn the meeting at 8:30 p.m. The motion was seconded and
passed by acclamation.
Respectfully Submitted,
Jan Levy
Planning & Zoning Assistant
Approved on: March 26, 2001
NOTE: As a matter of public record, al'J audio recording of the above Planning and Zoning
Commission meeting is available upon request.
MINUTES OF THE
COLLEYVILLE CITY COUNCIL AND LIBRARY ADVISORY COMMITTEE
JOINT WORKSESSION
March 21, 2001
The Colleyville City Council Worksession was called to order by Mayor Arp on March 21,
2001, at 7:35 p.m.
ROLL CALL:
Councilpersons Mike Taylor, Jody Short and Dana Feldman were
present. Mayor Donna Arp, Interim City Manager Dianne McWethy
and Interim Public Services Director Keith Fisher were also present.
Mayor Pro Tem Ginny Tigue and Councilman Dennis Marlin were
absent.
Library Advisory Committee members Chair Steve McGee, John
Sanford, Chris Faulkner, Karen Birkes, Nancy Eytcheson, Susan
Barzelay, Linda Vincent, Richard Roxburgh and Jim Moore were also
present.
1. DISCUSSION OF COLLEYVILLE PUBLIC LIBRARY PRELIMINARY SCHEMATIC
DESIGN
Lynn Metz of F&S Partners presented an overview of preliminary schematic design
for the Colleyville Public Library. Discussion ensured regarding meeting room
capacity, the service areas of the library, including children's, young adult and adult
services areas, The City Council and the committee members provided input
regarding shelving visibility, entryway, seating and group study areas.
No formal action was taken by the City Council at this joint worksession of the City Council
and the Library Advisory Committee.
Mayor Arp adjourned the meeting at 9:06 p.m.
APPROVED THIS DAY OF
AYES, NAYS, AND
, 2001, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Dianne McWethy
Interim City Manager
MINUTES OF THE
COLLEYVILLE CITY COUNCIL WORKSESSION
March 26, 2001
The Colleyville City Council Worksession was called to order by Mayor Pro Tem Tigue on
March 26, 2001, at 7:53 p.m.
ROLL CALL:
Councilpersons Mike Taylor, Jody Short and Dana Feldman were
present. Mayor Donna Arp, Mayor Pro Tem Tigue, Interim City
Manager Dianne McWethy, Interim Public Services Director Keith
Fisher and Economic Development Manager Mike Soab were also
present. Councilman Dennis Marlin was absent.
Hal Sargent and Richard Crump of Brinkley Sargent, Michael Kendall
of Kendall Landscaping and Lynn Metz and Mike Woods of F&S
Partners were present.
1. DISCUSSION OF COLLEYVILLE CITY HALL AND COLLEYVILLE PUBLIC
LIBRARY
Hal Sargent and Michael Kendall presented an overview of the site layout, including
parking, plaza and public spaces of the City Hall and the Library. Hal Sargent also
reviewed the preliminary schematic design for the Colleyville City Hall. The
consultants answered questions of the Council.
No formal action was taken by the City Council at this worksession,
Mayor Arp adjourned the meeting at 8:57 p.m.
APPROVED THIS DAY OF
AYES, NAYS, AND ABSTENTIONS.
, 2001, BY A VOTE OF
Minutes taken and prepared by:
Dianne McWethy
Interim City Manager
MINUTES OF THE
COLLEYVILLE CITY COUNCIL
WORKSESSION
5:30 p.m.
March 27, 2001
The Colleyville City Council Worksession was called to order by Mayor Donna Arp, March
27,2001, at 5:50 p.m.
ROLL CALL:
Councilperson Dana Feldman, Mayor Donna Arp and City Secretary
Cynthia Singleton were present.
Other attendees included Mr. Gregory Kuhn of The PAR Group and
Mr. Ken Crooks.
1. DISCUSSION OF THE DEVELOPMENT OF A RECRUITMENT PROFILE FOR
THE CITY OF COLLEYVILLE CITY MANAGER EXECUTIVE SEARCH
Mr. Gregory Kuhn presented a Search Process Overview for developing a City Manager
recruitment profile,
Discussion ensued regarding qualifications and experience identified as desirable for
candidates for the City Manager position.
No formal action was taken.
Mayor Arp adjourned the meeting at 6:45 p.m,
APPROVED THIS DAY OF
AYES, NAYS, AND
, 2001, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
MINUTES OF THE
COLLEYVILLE CITY COUNCIL
WORKSESSION
7:30 p.m.
March 27, 2001
The Colleyville City Council Worksession was called to order by Mayor Donna Arp, March
27, 2001, at 8:00 p.m.
ROLL CALL:
Councilpersons Dana Feldman, Jody Short, Mike Taylor and Mayor
Pro Tem Ginny Tigue were present. Mayor Donna Arp, City
Secretary Cynthia Singleton and Executive Secretary Diane Rasor
were also present.
Mr. Gregory Kuhn of The PAR Group was present.
1. DISCUSSION OF THE DEVELOPMENT OF A RECRUITMENT PROFILE FOR
THE CITY OF COLLEYVILLE CITY MANAGER EXECUTIVE SEARCH
Mr, Gregory Kuhn presented a Search Process Overview for developing a City Manager
recruitment profile.
Discussion ensued regarding qualifications and experience identified as desirable for
candidates for the City Manager position.
No formal action was taken.
Mayor Arp adjourned the meeting at 9:05 p.m.
APPROVED THIS DAY OF
AYES, NAYS, AND
, 2001, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
RESOLUTION R-01-1782
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
APRIL 3, 2001
WHEREAS, Council has taken action on certain items on the agenda under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the agenda decisions approved by Council action under Business this
date and not otherwise adopted by Ordinance and/or separate Resolution
as follows are hereby adopted:
a. THAT
AND IT IS SO RESOLVED.
APPROVED THIS DAY OF
AYES, NAYS, AND ABSTENTIONS,
,2001, BY A VOTE OF_
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor