HomeMy WebLinkAboutCity Council-Agenda Packets-7/2/2001
City of
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Texas
AGENDA
CITY COUNCIL MEETING
5400 BRANSFORD ROAD
JULY 2,2001
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 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - Fire Station
Property - Proposed Sale of Land - 5209 Colleyville
Boulevard
Personnel - City Manager Executive Search
Sec. 551.072-
Sec. 551.072 -
Sec. 551.074-
7:30 P.M. - RESUME REGULAR MEETING
INVOCATION: Mayor Donna Arp
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
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-01-1811 Consent Items:
a. Approval of minutes of the regular City Council meeting of June 19, 2001
b. Approval of minutes of a special City Council Executive Session held June
19, 2001
c. Approval of ratification of the Planning and Zoning Commission's action of
appointing Commissioner Luann Edwards to the Park Land Dedication
Committee
d. Approval of a contract with Weaver and Tidwell for Audit Services for
Fiscal Year Ended September 30, 2001
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1283 - Special
Use Permit for an accessory building by Martha Gibson, on Lot 6, Block 7,
Chelsea Park, 5213 Coventry Court, Case Z-01-012
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1284 -
Approval to amend Ordinance 0-00-1234 approving a contract between the City
of Colleyville and The Village at Colleyville for public improvements
6. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1285 -
Adopting an annual budget for Fiscal Year 2002 for the Colleyville Crime Control
and Prevention District (CCCPD)
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1286 - A Zoning
Change requested by Raman Chandler, from PUD-C for institutional use to PUD-
R Planned Unit Development-Residential and CC2 Shopping Center on 43.891
acres located at the south side of McDonwell School Road and the east side of
Precinct Line Road, Westgate, Case Z-01-014
8. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1287 - A Zoning
Change requested by Bob Combs, from AG Agricultural and R20 Single Family
Residential to R30 Single Family Residential on 2.2 acres located on the west
side of the road at 6108 Hunter Lane, Case Z-01-013
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9. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1288 - Approval
of an amendment to Chapter 18 of the Colleyville Code of Ordinances regarding
adoption of the 1999 National Electrical Code with the local amendments
recommended by the Regional Codes Committee of the North Central Texas
Council of Governments, Case G-01-011
10. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1289 - Approval
of a City-Developer Agreement with Riverwalk Development, L.L.C., for The
Bridges of Riverwalk Addition
11. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1290 - Amending
Ordinance 0-01-1281 General Fund Budget in the amount of $250,000 for
construction contingencies for the Colleyville Justice Center
12. READING AND PUBLIC HEARING - Resolution R-01-1812 - A request by
Centurion American Development Group to move a temporary office building to
Lot 9, Block 1, Colleyville Industrial Park at 1905 Industrial Boulevard, Case G-
01-011
TABLED ITEMS:
13. CONSIDERATION OF ORDINANCE 0-01-1280 - An amendment to the
Colleyville Land Development Code regarding Divided Entryways, Driveway
Spacing, and Easement and Right-of-Way Encroachments, Case Z-01-01 0
REPORTS:
14. PLANNING AND ZONING COMMISSION MINUTES - June 11,2001
'\.
15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF July 2, 2001 - Reading
and Public Hearing - Resolution R-01-1813
ADJOURNMENT:
17. ADJOURNMENT
I certify the above agenda was posted on the bulletin board at City Hall on June 29,2001, 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
817.577.7575, and reasonable accommodations will be made to assist you.
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CITY COUNCIL Tm; AGENDA BRIEFING
For mtg. : 07/02101 CMO Approval: i
Item # : I
I
1
Ordinance # :
N/A I
Previous Action: None
DEPT. : I
CITY COUNCIL
SUBJECT:
Executive Session - In accordance with Texas
Government Code Chapter 551, Subchapter D
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - Fire Station
Property - Proposed Sale of Land - 5209 Colleyville Boulevard
Personnel - City Manager Executive Search
Sec. 551.072-
Sec. 551.072 -
Sec. 551.074-
FINANCIAL REVIEW (IF NECESSARY)
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CITY COUNCIL 1m' AGENDA BRIEFING
For mtg. : 07/02/01 CMO Approval: !
Item # :
2
Ordinance # :
N/A
Previous Action: None
DEPT. : I
CITY COUNCIL
SUBJECT:
CORRESPONDENCE, MISCELLANEOUS
I REPORTS OF MEETINGS ATTENDED BY THE
COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS, OR
PRESENTATIONS
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CITY MANAGER
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DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
-
RESOLUTION R-01-1811
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF JULY 2, 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 June 19, 2001 , are
hereby approved.
b.
THAT the minutes of a special City Council Executive Session of June 19,
2001, are hereby approved.
c.
THAT ratification of the Planning and Zoning Commission's action of
appointing Commissioner Luann Edwards to the Park Land Dedication
Committee is hereby approved.
d.
THAT the contract with Weaver and Tidwell to perform the annual audit for
Fiscal Year ended September 30,2001, is hereby'approved.
..
AND IT IS SO RESOLVED.
APPROVED THIS
OF AYES,
DAY OF
NAYS, AND
, 2001, BY A VOTE
ABSTENTIONS.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
June 19, 2001
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on June 19, 2001, at 6:45 p.m.
Roll Call: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, and Mayor Pro
Tern Tigue. Mayor Donna Arp, Interim .City Manager Dianne McWethy,
Interim Public Services Director Keith Fisher, Police Chief John Young,
Fire Chief Mike Johnston, Economic Development Manager Mike Soab,
Community Development Manager Barry LeBaron, Project Manager
Clayton Husband, Engineer Chris Steubing, Public Works Manager Randy
Brown, Marketing Specialist Dixie Cawthorne, Administrative Assistant
Cindy Martin, City Attorney Ross Foster, and City Secretary Cynthia
Singleton were also present.
Councilman Dennis Marlin was absent.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551;" Subchapter 0
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - Fire Station
Property Acquisition - Sneed Property - 901 L.D. Lockett
Road
Property - Proposed Sale of Land - 5209 Colleyville
Boulevard
Personnel- City Manager Executive Search
Sec. 551.072-
Sec. 551.072 -
Sec. 551.072-
Sec. 551.074 -
Mayor Arp explained that the Executive Session had been called in accordance with
Texas Government Code Chapter 551, Subchapter 0, Section 551.071 - Legal, Section
551.072 - Property Acquisition, and Section 551.074 - Personnel. She further
explained that there would be no decisions made or action taken during this time. The
meeting was recessed at 6:48 p.m., and reconvened at 7:50 p.m.
CITY COUNCIL MINUTES
JUNE 19, 2001
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
Mayor Arp presented plaques to Mike Taylor for his service on the Colleyville Economic
Development Corporation and Colleyville Crime Control and Prevention District Board.
Mr. Taylor thanked the citizens of Colleyville for voting these projects into existence.
Mayor Arp announced that she, Councilman Feldman and Mayor Pro Tern Tigue
attended North Central Texas Council of Governments 35th General Assembly meeting
June 15, 2001, in Arlington, Texas.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-01-1805 Consent Items:
a. Approval of minutes of the regular City Council meeting of June 5, 2001
b. Approval to enter into an Interlocal Agreement with the City of Keller to
provide reciprocal Automatic Aid for Fire Protection and Emergency
Medical Services
c. Approval to ratify a previous Interlocal Agreement with the City of
Grapevine to provide reciprocal Automatic Aid for Fire Protection and
Emergency Medical Services
d. Approval of the vacation and abandonment of a 12' drainage and utility
easement at the rear property line of Lot 7, Block 6R, Woodbriar Estates
West, 214 W. Greenbriar Lane, requested by Walter Clarke, Case G-01-
010 .
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e. Approval of setting a date for a public hearing concerning a request by
Centurion American Development Group to move a temporary office trailer
to Lot 9, Block 1, Colleyville Industrial Park at 1905 Industrial Boulevard,
Case G-01-011
f. Approval of the 2000/2001 Street Resurfacing bid award to Branch & Sons
Contractors, for an amount of $102,484.50
g. Approval of rescheduling the first regular City Council meeting of July 3,
2001 to July 2, 2001
Mayor Arp opened the public hearing and read Resolution R-01-1805 in its entirety.
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CITY COUNCIL MINUTES
JUNE 19, 2001
Mr. Rob Timmans, 7011 Orchard Hill Court, spoke regarding Item 3f and requested that
the street resurfacing be extended further east and that developers be requested to
resurface roads in front of their development.
Staff reported that the remainder of John McCain will be resurfaced during the
realignment of John McCain and developers are required to bring frontage streets that
are unimproved up to standard or provide some escrow for it.
There were no others present wishing to speak concerning this item and Mayor Arp
closed the public hearing.
Mr. Ross Calhoun, 1905 Industrial of Centurion American Development Group, was
present to answer questions regarding Item e.
Mayor Pro Tem Tigue moved to approve Resolution R-01-1805.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1279 - A
Zoning Change requested by the City of Colleyville, from CN and AG to CC1
Village Retail on approximately 3.31 acres located at 5209 Colleyville Boulevard,
on the east side of the street, Case Z-01-011
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1279.
There was no present wishing to speak concerning this item and Mayor Arp closed the
public hearing.
Mayor Pro Tern Tigue moved to approve Ordinance 0-01-1279.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
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CITY COUNCIL MINUTES
JUNE 19, 2001
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1280 - An
amendment to the Colleyville Land Development Code regarding Divided
Entryways, Driveway Spacing, and Easement and Right-of-Way Encroachments,
Case Z-01-01 0
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1280.
Mr. David Bagwell, 8222 Douglas, Suite 605, Dallas, Texas, requested that the
Ordinance be tabled for further consideration.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing.
Discussion ensued regarding the proposed changes requested by Mr. Bagwell, divided
entryways and driveway spacing.
Councilman Feldman made a motion to table this item.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
6. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1281 -
Amending Ordinance 0-01-1274 Drainage Utility Fund Budget, for the purchase
of a street sweeper, in the amount of $138,000
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1281.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding the need for a street sweeper; that it would aid the City in
implementing a street sweeper program to address several Priority 1 drainage projects
and aid in complying with the mandated National Pollution Discharge Elimination
Program.
Councilman Feldman moved to approve Ordinance R-01-1281.
Councilman Hocutt seconded the motion.
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CITY COUNCIL MINUTES
JUNE 19, 2001
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
7. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1282 _
Establishing a Library Board for the City of Colleyville; establishing the number of
board members and their terms of offices, establishing qualifications; and
providing for duties and responsibilities
Mayor Arp opened the public hearing and read Ordinance 0-01-1282 in its entirety.
Councilman Feldman made a motion to amend Section 2, to include (two) 2 alternate
positions to serve two years and to amend Section 4, by adding Item g "Assist in the
development of the Library Director job description".
Councilman Feldman moved to approve Ordinance R-01-1282.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion.
8 FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1283 - Special
Use Permit for an accessory building by Martha Gibson, on Lot 6, Block 7,
Chelsea Park, 5213 Coventry Court, Case Z-01-012
'.
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1283.
Discussion ensued regarding the purpose of the accessory building, possible future
uses of the building and the ability to prevent the building from being used as a
residence.
Martha Gibson, 5213 Coventry Court, applicant, spoke regarding the use of the
accessory building as an office and art studio.
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CITY COUNCIL MINUTES
JUNE 19, 2001
9. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1284 - Approval
to amend Ordinance 0-00-1234 approving a contract between the City of
Colleyville and The Village at Colleyville for public improvements
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1284.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding the agreement between the City and the Texas
Department of Transportation to realign Pleasant Run Road with SH 26 and the
proposed amendment to the agreement with The Village at Colleyville to construct
necessary drainage improvements to Pleasant Run Road.
10. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1285 - Adopting
an annual budget for Fiscal Year 2002 for the Colleyville Crime Control and
Prevention District (CCCPD)
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1285.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Police Chief John Young spoke regarding the Colleyville Crime Control and Prevention
District proposed expenditures and reported that Councilman Joe Hocutt was elected
CCCPD Vice President at the June 19, 2001, CCCPD meeting.
11. READING AND PUBLIC HEARING - Resolution R-01-1806 - A request by Drs.
" Alimadad and Alcina Jatoi to move a mobile home to be used as temporary living
quarters during reconstruction of the main dwelling at 2315 Oak Knoll Drive,
Case G-01-008
Mayor Arp opened the public hearing and read Resolution R-01-1806 in its entirety.
Mr. Frederick Freeman, 5913 Quality Hill, spoke in favor of the proposed Resolution.
Mr. David Dearmore of A-1 Homes, 912 Rumfield Road, Fort Worth, Texas,
representing the applicant, spoke regarding the type of mobile home proposed as
temporary living quarters.
Mr. Frank Whitmire, 2300 Oak Knoll, spoke against the proposed Resolution.
6
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CITY COUNCIL MINUTES
JUNE 19, 2001
There were no others present wishing to speak concerning this item and Mayor Arp
closed the public hearing. .
Dr. A.M. Jatoi, 2315 Oak Knoll Drive, applicant, spoke regarding the placement of the
mobile home.
Mr. Robert Grisham, 3878 Oak Lawn Avenue, Dallas, representing the applicant, spoke
regarding the location of the mobile home on the property and the length of time the
mobile home would remain on the property.
Mayor Arp reopened the public hearing to allow Mr. Richard Skinner to speak.
Mr. Richard Skinner, 4104 Tamblewood Drive, spoke regarding the location of the
mobile home on the property and what provisions are in place to insure that the mobile
home would be removed from the property at the designated time.
Dr. A.M. Jatoi, 2315 Oak Knoll Drive, applicant, stated the modular home would be
placed west of the garages and that the mobile home would be removed in two years.
Discussion ensued regarding ordinance that prohibits placement of mobile homes within
city limits and allows only one residence on a single lot.
Mayor Pro T em Tigue moved to deny Resolution R-01-1806.
Councilman Hocutt seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
12. READING AND PUBLIC HEARING - Resolution R-01-1807 - Approval of a
construction reimbursement to the City of Euless for the right turn lane at State
Highway 121 and Glade Road in the amount of $80,000
Mayor Arp opened the public hearing and read Resolution R-01-1807 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Pro T em Tigue moved to approve Resolution R-01-1807.
Councilman Feldman seconded the motion.
Councilman Feldman commended staff for their work on this project.
7
CITY COUNCIL MINUTES
JUNE 19. 2001
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
13. READING AND PUBLIC HEARING - Resolution R-01-1808 - Approval of
purchasing an Elgin WhirlWind Street Sweeper through the Houston-Galveston
Area Contract bidding process in an amount not to exceed $132,971.69
Mayor Arp opened the public hearing and read Resolution R-01-1808 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Pro Tern Tigue moved to approve Resolution R-01-1808.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
14. READING AND PUBLIC HEARING - Resolution R-01-1809 - Consideration of
Appointments to the Colleyville Library Board
Mayor Arp opened the public hearing and read Resolution R-01-1809 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Feldman made a motion to amend Section 2, to include (two) 2 alternate
positions to serve two years and to amend Section 4, by adding Item g "Assist in the
development of the Library Director job description".
Councilman Hocutt nominated Pat Jones for Place 1.
Councilman Rice nominated Mary Alice Rippe for Place 2.
Councilman Feldman nominated Caren Handleman for Place 3.
Mayor Pro Tern Tigue nominated Gary Taraba for Place 4.
Councilman Feldman nominated Richard Roxburgh for Place 5.
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CITY COUNCIL MINUTES
JUNE 19, 2001
Councilman Feldman nominated Susan Barzelay for Place 6.
Mayor Pro Tem Tigue nominated Carol Wollin for Place 7.
Mayor Pro Tem Tigue nominated Nancy Eytcheson for Alternate 1.
Councilman Hocutt nominated Mary Ann Nicholson for Alternate 2.
Councilman Rice named Dr. Kevin Singer, or his designee, as an ex officio member.
Councilman Feldman nominated Larry Darlage as an ex officio member.
Mayor Pro Tern Tigue nominated Mayor Donna Arp as an ex officio member.
Councilman Hocutt nominate Steve Jacobs as an ex officio member.
Councilman Rice nominated Ret Stansberger, or her designee, as an ex officio
member.
The last ex officio member position will remain open until named by Council.
Councilman Feldman moved to approve Resolution R-01-1809, as amended.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tern Tigue
Nays: None
Councilpersons Hocutt and Rice and Mayor Pro Tem Tigue thanked the citizens for their
interest and desire to be involved in this project.
Mayor Arp declared the motion carried.
15. STAFF REPORTS:
MONTHLY FINANCIAL REPORT
There was no action taken on this item.
REPORTS:
16. HISTORICAL PRESERVATION COMMITTEE MINUTES - May 8,2001
ZONING BOARD OF ADJUSTMENT MINUTES - May 22, 2001
PLANNING AND ZONING COMMISSION MINUTES - May 29, 2001
There was no action taken on this item.
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CITY COUNCIL MINUTES
JUNE 19, 2001
17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one wishing to speak.
ACTION/RESOLUTION:
18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF June 19, 2001 - Reading
and Public Hearing - Resolution R-01-181 0
This Resolution was not needed.
ADJOURNMENT:
19. ADJOURNMENT
There being no further business before City Council, Councilman Feldman moved to
adjourn.
Mayor Pro Tem Ginny Tigue seconded the motion.
Ayes: Councilperson Hocutt, Rice, Feldman and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the meeting adjourned at 9:25 p.m.
APPROVED THIS
AYES,
DAY OF
NAYS, AND
, 2001, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
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MINUTES OF THE SPECIAL
COLLEYVILLE CITY COUNCIL
EXECUTIVE SESSION
June 19, 2001
The meeting of the Colleyville City Council was called to order by Mayor Donna Arp on
June 19, 2001, at 4:08 p.m.
Roll Call: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman and Mayor Pro
Tem Ginny Tigue. Mayor Donna Arp, Interim City Manager Dianne
McWethy and Greg Kuhn of the PAR Group were also present.
Councilman Dennis Marlin was absent.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter 0
Sec. 551.074-
Personnel - City Manager Executive Search
Mayor Arp explained that the Executive Session had been called in accordance with
Texas Government Code Chapter 551, Subchapter 0, Section 551.071 - Legal, Section
551.072 - Property Acquisition, and Section 551.074 - Personnel. She further
explained that there would be no decisions made or action taken during this time. The
meeting was recessed at 4:10 p.m., and reconvened at 4:12 p.m.
.#
Mayor Arp declared the meeting adjourned at 5:50 p.m.
APPROVED THIS
AYES,
DAY OF
NAYS,AND
, 2001, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Dianne McWethy
Interim City Manager
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CITY COUNCIL v, k I AGENDA BRIEFING
For mtg. : 07/02/01 CMO Approval:
Item # :
3c
Resolution # :
R-01-1811
Previous Action: None
DEPT. : I
COMMUNITY DEVELOPMENT !
SUBJECT:
Approval of ratification of the Planning and Zoning
Commission's action of appointing Commissioner
Luann Edwards to the Park Land Dedication
Committee
Reading and Public Hearing
Chapter 11 of the Land Development Code establishes requirements for parkland
dedication. This Chapter also establishes a Park Land Dedication Committee. The
Committee is made up of two members of the Planning and Zoning Commission and
two members of the Parks and Recreation Advisory Board.
The duties of this committee are found in Section 11.6 of the Land Development Code
and are listed as follows: "This committee is an advisory committee to the Planning and
Zoning Commission and City Council on park land dedication issues.
a. Review proposed park land dedication fund expenditures and make
recommendations to the Planning and Zoning Commission and the City
Council.
(continued)
FINANCIAL REVIEW (IF NECESSARY)
- -
Agenda Briefing
Resolution R-01-1811
Page 2
b. Review the Parks and Recreation Master Plan every three years and make
recommendations for modification or alteration.
The City Council shall appoint the members of the Park Land Dedication Committee
and the terms of the members of the Park Land Dedication Committee shall coincide
with their respective terms of the Planning and Zoning Commission or the Parks and
Recreation Advisory Board, as applicab/e." The Planning and Zoning Commission will
make the appointment and then the City Council will ratify the Commission's action.
The Planning and Zoning Commission appointed Luann Edwards to this committee to
replace Joe Hocutt by a five to zero vote on June 11, 2001. Her term of office expires
September 2001. The other member from the Commission is Tom Hart.
Recommendation
Approval
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CITY COUNCIL 1w. AGENDA BRIEFING
For mta. : 07/02/01 CMO Approval:
Item # :
3d
Resolution # :
R-01-1811
Previous Action: None
DEPT. :
FINANCE
SUBJECT:
Approval of Contract with Weaver and Tidwell for
Audit Services for Fiscal Year Ended September
30,2001 - by Consent
Reading and Public Hearing
Backoround
In July 1998, the Council awarded the contract for auditing services to Weaver and
Tidwell for a five-year term (Fiscal Years 1998 - 2002). The proposed cost of auditing
services is $29,000, as proposed for fourth year services in the original Request for
Proposal (first year cost of $26,900 with an annual CPI adjustment factor of 2%).
Attached is the contract submitted by Weaver and Tidwell for auditing services for Fiscal
Year ended September 30,2001.
Recommendation
Approval
Attachments
· Engagement Letter from Weaver and Tidwell (paper copy only)
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FINANCIAL REVIEW (IF NECESSARY)
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WORLDWIDE A~FllIATtONS
THROUGh
SUMJ\'IT INTERNATIONAL
.G.SSOCIATES INC
June 15, 2001
To the Honorable Mayor and
Members of the City Council
CITY OF cOLLEYVILLE, TEXAS
We are pleased to confirm our understanding of the services we are to provide the City of
colleyville for the year ended September 30, 2001. We will audit the general purpose
financial statements of the City of colleyville as of and for the year ended September 30,
2001. The general purpose financial statements of the City of colleyville are the
responsibility of City management.
Audit Objectives
The objective of our audit is the expression of an opinion as to whether your financial
statements are fairly presented, in all material respects, in conformity with accounting
principles generally accepted in the United States of America. Our audit will be
conducted in accordance with auditing standards generally accepted in the United States
of America and the standards for financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States, and will include tests
of the accounting records of the City of colleyville and other procedures we consider
necessary to enable us to express such an opinion. If our opinion on the financial
statements is other than unqualified, we will fully discuss the reasons with you in
advance. If, for any reason, we are unable to complete the audit or are unable to form or
have not formed an opinion, we may decline to express an opinion or to issue a report as
a result of this engagement.
We will also provide reports (that do not include opinions) on internal control related to
the financial statements and compliance with laws, regulations, and the provisions or
grant agreements, noncompliance with which could have a material effect on the financial
statements as required by Government Auditing Standards.
Management Responsibilities
Management is responsible for establishing and maintaining internal control and for
compliance with laws, regulations, contracts, and agreements. In fulfilling this
responsibility, estimates and judgments by management are required to assess the
expected benefits and related costs of the controls. The objectives of internal control are
to provide management with reasonable, but not absolute, assurance that assets are
safeguarded against loss from unauthorized use or disposition, that transactions are
executed in accordance with management's authorizations and recorded properly to
permit the preparation of financial statements in accordance with generally accepted
accounting principles.
-
CITY OF cOLLEYVILLE, TEXAS
June 15, 2001
Page Two
Management is responsible for making all financial records and related information
available to us. We understand that you will provide us with such information required for
our audit and that you are responsible for the accuracy and completeness of that
information. We will advise you about appropriate accounting principles and their
application and will assist in the preparation of your financial statements, but the
responsibility for the financial statements remains with you. That responsibility includes
the establishment and maintenance of adequate records and effective internal control
over financial reporting, the selection and application of accounting principles, and the
safeguarding of assets. Management is responsible for adjusting the financial
statements to correct material misstatements and for confirming to us in the
representation letter that the effects of any uncorrected misstatements aggregated by us
during the current engagement and pertaining to the latest period presented are
immaterial, both individually and in the aggregate, to the financial statements taken as a
whole.
Audit Procedures-General
An audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements; therefore, our audit will involve judgment about
the number of transactions to be examined and the areas to be tested. We will plan and
perform the audit to obtain reasonable rather than absolute assurance about whether the
financial statements are free of material misstatement, whether caused by error or fraud.
Because an audit is designed to provide reasonable, but not absolute assurance and
because we will not perform a detailed examination of all transactions, there is a risk that
material misstatements (whether caused by errors or fraud) or illegal acts may exist and
not be detected by us. In addition, an audit is not designed to detect immaterial
misstatements, immaterial illegal acts, or illegal acts that do not have a direct effect on
the financial statements. However, we will inform you of any material errors that come to
our attention and any fraud that comes to our attention. Our responsibility as auditors is
limited to the period covered by our audit and does not extend to matters that might arise
during any later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions
recorded in the accounts, and may include tests of the physical existence of inventories,
and direct confirmation of receivables and certain other assets and liabilities by
correspondence with selected individuals, creditors, and financial institutions. We will
request written representations from your attorneys as part of the engagement, and they
may bill you for responding to this inquiry. At the conclusion of our audit, we will also
require certain written representations from you about the financial statements and
related matters.
Identifying and ensuring that the City of colleyville complies with laws, regulations,
contracts, and agreements is the responsibility of management. As part of obtaining
reasonable assurance about whether the financial statements are free of material
misstatement, we will perform tests of the City of colleyville's compliance with applicable
laws and regulations and the provisions of contracts and agreements. However, the
objective of our audit will not be to provide an opinion on overall compliance and we will
not express such an opinion.
CITY OF cOLLEYVILLE, TEXAS
June 15, 2001
Page Three
Audit Procedures-Internal Controls
In planning and performing our audit, we will consider the internal control sufficient to
plan the audit in order to determine the nature, timing, and extent of our auditing
procedures for the purpose of expressing our opinion on the City of Colleyville's financial
statements.
We will obtain an understanding of the design of the relevant controls and whether they
have been placed in operation, and we will assess control risk. Tests of controls may be
performed to test the effectiveness of certain controls that we consider relevant to
preventing and detecting errors and fraud that are material to the financial statements
and to preventing and detecting misstatements resulting from illegal acts and other
noncompliance matters that have a direct and material effect on the financial statements.
(Tests of controls are required only if control risk is assessed below the maximum level.)
Our tests, if performed, will be less in scope than would be necessary to render an
opinion on internal control and, accordingly, no opinion will be expressed.
An audit is not designed to provide assurance on internal control or to identify reportable
conditions. However, we will inform the governing body or audit committee of any matters
involving internal control and its operation that we consider to be reportable conditions
under standards established by the American Institute of Certified Public Accountants.
Reportable conditions involve matters coming to our attention relating to significant
deficiencies in the design or operation of the internal control that, in our judgment, could
adversely affect the entity's ability to record, process, summarize, and report financial
data consistent with the assertions of management in the financial statements.
Audit Administration, Fees, and Other
We understand that your employees will prepare all confirmations and schedules we
request and will locate any invoices selected by us for testing.
Our fee for these services will be at our standard hourly rates plus out-of-pocket costs
except that we agree that our gross fee, including expenses, will not exceed $29,000.
Our standard hourly rates vary according to the degree of responsibility involved and the
experience level of the personnel assigned to your audit. Our invoices for these fees will
be rendered each month as work progresses and are payable on presentation. The
above fee is based on anticipated cooperation from your personnel and the assumption
that unexpected circumstances will not be encountered during the audit. If significant
additional time is necessary, we will discuss it with you and arrive at a new fee estimate
before we incur the additional costs.
Government Auditing Standards require that we provide you with a copy of our most
recent quality control review report. Our 1998 peer review report accompanies this letter.
- -.
CITY OF cOLLEYVILLE, TEXAS
June 15, 2001
Page Four
We appreciate the opportunity to be of service to the City of Colleyville and believe this
letter accurately summarizes the significant terms of our engagement. If you have any
questions, please let us know. If you agree with the terms of our engagement as
described in this letter, please sign the enclosed copy and return it to us.
Very truly yours,
A/~ ~ /.,/~ t:!/,:;
WEAVER AND TIDWELL, L.L.P.
RESPONSE:
This letter correctly sets forth the understanding of the City of colleyville, Texas.
By:
Title:
Date:
cc~~
CITY COUNCIL u\ ~ I AGENDA BRIEFING
For mtg. : 07/02/01 CMO Approval:
Item # :
4
Ordinance # :
0-01-1283
Previous Action: 06/19/01
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Special Use Permit for an accessory building
requested by Martha Gibson, on Lot 6, Block 7,
Chelsea Park, 5213 Coventry Court, Case 2-01-
012
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
;.
Kenneth and Martha Gibson are the owners of a house located at 5213 Coventry Court.
The owner has submitted a special use permit application to construct an accessory
building on the property. A letter from the applicant is attached. The owner proposes to
construct a 925 square foot, 2-story building on the property. The building would be
used for personal and family use.
The new accessory building regulations included size and location standards. All
requests to exceed the base standards must be authorized by a Special Use Permit
approved by the City Council. A comparison of the regulations and the proposed
building is shown below. The proposed building meets all the requirements of the
regulations except for the size and rear setback. The applicant has requested a
variance from these requirements, as allowed by the Code.
x/J~ lmuJ~
CITY MANAGER
~~~
DE RT NT HEAD
(continued)
FINANCIAL REVIEW (IF NECESSARY)
-- -.
Agenda Briefing
Ordinance 0-01-1283
Page 2
ACCESSORY BUILDING ZONING COMPARISON
Category Zoning Requirement Applicant Proposal
1. Maximum Size 725 sf for % acre or smaller lot 925 sf
2. Max. Number of Buildings 3 1
3. Side Setback 5 feet 50+ feet and 28+ feet
5 feet for 8-foot tall building
4. Rear Setback 12 feet with proposed 15-foot tall 8 feet
building
5. Max. Height Not to exceed height of main building technically complies due to
grade difference in property
By definition, the height of the accessory building is 15 feet and the height of the house
is 12 feet. The definition of height for a building with sloped roofs is the midpoint
between the eave line and the peak of the roof. The accessory building regulations do
not allow the accessory building to exceed the height of the main structure. Due to the
grade difference between the house and the accessory building, the accessory building
is technically not taller than the house. However, if the buildings were on the same
grade, the accessory building would be taller than the house.
The accessory building regulations consider the size of the building to be the footprint of
the building. The proposed building has a footprint of 925 square feet. Since the
building is a 2-story structure, the useable area in the building is actually 1,850 square
feet. The regulations do not prohibit 2-story buildings. The intent of the regulations is to
reduce the amount of lot that would be covered by the building.
Staff mailed 17 notices to adjacent property owners regarding this request. The
applicant submitted a statement of support signed by the surrounding property owners
with the application. A copy of this statement is attached. No other correspondence
has been received.
The request is consistent with the Master Plan. Since the SUP at this location for this
particular use has little impact on land use decisions or requirements, but will be very
important to those living nearby, the staff believes the wishes of the area homeowners
should be the most important factor in the decision to grant the special use permit or
not. Since the request is a SUP, the Commission may establish conditions different
than or in addition to the normal requirements of the Land Development Code.
- -
Agenda Briefing
Ordinance 0-01-1283
Page 3
IMPACT ISSUES
1. Master Plan. The proposal is compatible with the Master Plan, which indicates
single family residential uses for the property.
2. Surrounding Properties. The surrounding properties are zoned for single family
residential uses.
3. Development Trends. This area is not experiencing significant development as
most lots are already built upon.
4. Infrastructure. The existing utilities in this area will adequately serve the proposed
development.
5. Current Zoning Suitability. The surrounding zoning IS comp'atible with the
proposal.
The Planning and Zoning Commission considered this rezoning request at its May 29,
2001, meeting and recommended approval by a unanimous vote.
Recommendation
Denial, due to technical non-compliance with the Land Development Code
Attachments
",
· Location map
· Zoning Exhibit and Drawings
· List of Property Owners Receiving Notice of Public Hearing
· Letter from Applicant
· Letter from Deed Restriction Committee
· Petition in Support from Neighbors
· Planning and Zoning Commission Minutes
· Proposed Ordinance 0-01-1283
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List of Property Owners Notified
John & Cynthia Walthour Michael & Susan Taylor Roy Battles
5213 Coventry Place 5209 Coventry Place 5301 Coventry Place
colleyville, TX 76034 colleyville, TX 76034 colleyville, TX 76034
Jennifer Williams Timothy Carter James Robinson. Jr. & Sr.
5208 Coventry Place 3617 Greenbriar Court 5200 Coventry Place
colleyville. TX 76034 Bedford, TX 76021 colleyville, TX 76034
Roy & Irene Everett Alistair & Nancy Tees Charles & Alice Connour
5205 Coventry Court Attn: Caltex Services Corp. 5301 Coventry Court
P.O. Box 619500
colleyville. TX 76034 Dallas. TX 75261 Colleyville, TX 76034
Gary Kovalchick Michael & Debra Hansen Gavin & Mary Cullen
5305 Coventry Court 5304 Coventry Place 5300 Coventry Place
colleyville. TX 76034 Colleyville, TX 76034 Colleyville. TX 76034
Michael Pirrello Arthur Emerson Gregory & Laura Richards
5220 Coventry Court 5216 Coventry Court 5212 Coventry Court
Colleyville. TX 76034 Colleyville, TX 76034 colleyville, TX 76034
Herchel Gibson John & Nancy Alvarado
5300 Coventry Court 5304 Coventry Court
Colleyville, TX 76034 Colleyville, TX 76034
..
Letter from Applicant
Mall 21, 2881
To: City of [oneyunae City Council
Dty of Call1lyuflle Planning and Zoning Committee
From: Ken and Martha G'bson
52J3 touent." Ct.
COlleyutlle, Tex8S 76134
Dear Committee Members and City Countll Members,
We would like to build In accessory building In the bact yard of our home at
5213 Couentrg Ct. In Cllelsea Park. WI haue flied the paplnDof'lc far a zoning
change request In order to build that stftlcture.
The proposed structure does not technically comply with the accessory building
regulation$. The purpose of this letter ts 10 request a wal.,er from these
requirements and to eMp.;lIn why we Ire requesting this waluer. The requests
are as follow:
-Size: Our lot size is .48 acres. lbat teChnically .IIours us ta "ulld
. structure that Is a maHimum of 758 square feet. We WOUld
Uke to recelue a watuer for Ihl. In order to build 8 stMlclU,..
which Is 925 square feet. This size would haue been acceptable If
our lot SlZ8 had be... .51 Kres 'nstead of .48 acres. We ana asking
for a waluer of the .82 acre we are tacking.
-Rear Setback: Rccordlng to a letter we received frum the Development
Review Committee, the minimum relr setback for this accesso."
building Is 12 feet. Whln we WI'" planning tbls structure,
. we were told by a representative of tile inspection department that
an 8 foot setback would be acclptable with this accessory bUlldtng.
Sinee we Issumed this to be correct. we planned aur structure
aCcordingly. In IIgbt of this, we would like to request that the rear
setbact remain 8 feet.
-Floor Plan: The pro,o.ed noor Itlan is planned so that we will haue more
roam for our upcoming retirement Interests. It does nat ['ontatn a
stove ar ouen. It II Intended to ba uled IS In artistl.studlo, family
game room, office and computer areL Our home was bUilt In
1972 and is small. The ItCelSory building would melt our needs for
the future.
We apprecIate your consideration in this matter end 10DIc forwerd to meeting
with you on May 29,2881.
Thank uou,
~
Ie: en Gibson
-v\\ ~_ .J:l~....~
Martha Gibson
... --
Letter from Deed Restriction Committee
Dezann Korbuly
5101 Camelot
Colleyville, TX 76034
Home Phone 817 355-0935
May 28, 2001
Ken Gibson
5213 Coventry Court
Colleyville, TX 76034
Dear Mr. Gibson,
As Chainnan of the Chelsea Park Deed Restriction Committee, I am happy to inform
you that the commitee has reviewed and approved the plans you submitted for the
construction of an accessory building at the rear of your lot. If you have any questions,
please call me at 817 ~35.
..
.
ITre~. ~ ~
oLy W,y
Chairman of CPNA Deed RestriQon Committee
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CITY OF COLLEYVI'.LE
COMMUNITY DEVElOIMENT
Petition in Support from Neighbors
April 22, 2001
Ken and Martha Gibson, who are the homeowners at 5213 Coventry Ct., Chelsea Park,
Colleyville, Texas, would like to add an accessory building to their property. The
accessory building would be in the back yard of that property.
The existing home at 5213 Coventry Ct. was built in 1972. The building style at that time
was to have a low roof on the house. Because of that, the accessory building will have a
roof that is too high to meet the current building codes in Colleyville. The proposed
accessory buildin~ will have a roof that is 5 feet higher than the existing building. The lot
slopes three feet In the direction of the new building, but the building code does not take
that into account.
Also, the lot size at 5213 Coventry Ct. is.48 acres. In order to build the proposed size of
structure as an accesory building, the lot would need to be .50 acres. The difference is 2
hundredths of an acre.
Because of these problems with building this accessory structure, the Gibson's are filing for
a variance with the City of Colleyville. That means that they will ask the city council to anow
them to build this structure because of the limitations of the existing structure.
When applying for a variance. the Gibson's need the consent of any neighbor who is within
200 feet of their property line. That is the reason for this correspondence. If you are in
agreement that you give ~ur consent for the Gibson's to build this structure, please sign
below in lhe space P~OVlded by your address. ./2. ..... /. . ."
),,-,<11;,( 4J. ~.. ,'1'Kn ,#
5212 Otventry t. 5216:./
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5220 C ntry Ct. Coventry Ct.
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5301 Coventry Ct.
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Planning & Zoning Commission Minutes
May 14, 2001
PUBLIC HEARING - Special Use Permit for an accessory building
requested by Martha Gibson, on Lot 6, Block 7, Chelsea Park, 5213
Coventry Court. Case 2-01-012
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
He told the Commission that the applicant has two areas that exceed the requirements
for accessory buildings - maximum size and the setback requirement for the height of
the building.
The Commission asked questions regarding those requirements. Chairman Hart said
that they missed the % acre requirement for building size by only .02 acres, but the
setback requirement would be the same.
Chairman Hart opened the public hearing. Those present wishing to speak were
Martha and Ken Gibson. They presented a letter from the Chelsea Park Neighborhood
Association that stated approval. They also said that they spoke to the adjacent
neighbor and will drop the height of the windows below the eight-foot fence for the
neighbor's privacy. Martha Gibson said that the upstairs area will become her studio.
Commissioner Wall asked the Gibson's if the structure will become a permanent
dwelling and they responded that it would not.
Commissioner Hollis questioned the height of the building and the Gibson's responded
that they wanted 10' ceilings for the game room on the first floor and that necessitated
the additional height to the building. The Gibson's said that the neighbors greatest
concern was that the building was going to be constructed of brick.
The Commission asked questions about the drawing in the packet and clarification of
size of footprint versus total square footage.
There being no one else present wishing to speak, the public hearing was closed.
Commissioner Gasper moved to recommend approval of the special use permit
for the accessory building. Commissioner Edwards seconded the motion. The
vote being:
Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart
Noes: None
ORDINANCE 0-01-1283
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 AN ACCESSORY
BUILDING ON LOT 6, BLOCK 7, CHELSEA PARK ADDITION; PROVIDING
FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION
WHEREAS, an application for a special use permit was filed by Martha Gibson
on April 24, 2001, under Case No. Z-01-012; 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 accompanying Zoning Map (Exhibit A)
are hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described as Lot 6, Block 7, Chelsea Park
Addition, by authorizing a Special Use Permit for an accessory
building, together with the conceptual site plan (Exhibit B), the
conceptual building elevation (Exhibit C) and subject to the following
conditions:
a. The maximum size of the accessory building footprint shall not
exceed nine hundred twenty five (925) square feet in area.
b. The minimum rear setback for the building shall be eight (8)
feet.
c. The accessory building shall not be used for commercial or
other non-residential uses.
d. The accessory building shall not be used as a residential
dwelling unit.
# -
Ordinance 0-01-1248
Page 2 of 2
Sec. 2.
THAT, any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Zoning Ordinance of the
City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00). Each and every day such violation
continues shall constitute a separate offense and shall be
punishable as such.
Sec. 3.
THAT, the City Secretary is hereby authorized and directed to
cause publication of the descriptive caption and penalty clause
hereof as an alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the .
,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
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CITY COUNCIL 7",> AGENDA BRIEFING
For mtg. : 07/02101 CMO Approval: I
Item # :
5
Ordinance # :
0-01-1284
Previous Action: 06/19/01
DEPT. :
ENGINEERING
SUBJECT:
Approval to amend Ordinance 0-00-1234
approvIng a contract between the City of
Colleyville and The Village at Colleyville for public
improvements
Second Reading and Public Hearing
First Reading and Public Hearing
Backoround
Colleyville has entered into a Tax Increment Finance (TIF) Agreement and Council
approved Ordinance 0-00-1234, a contract between the City of Colleyville and the
Village at Colleyville for public improvements, on September 5,2000. Council approved
Ordinance 0-00-1251, an amendment to Ordinance 0-00-1234 on October 17, 2000,
which allowed for replacement of an existing 6-inch water line along Pleasant Run Road
in accordance with the Water Distribution Master Plan for the City of Colleyville. The
actual construction cost exceeded the estimated amount; therefore, the Village
Monticello Partners, Ltd., is requesting an additional amount of $7,969.50, for the
oversizing of the water system.
(continued)
c~:~~
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FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1284
Page 2
The City of Colleyville and the Texas Department of Transportation are currently under
contract together for the realignment of Pleasant Run Road with SH 26, and Glade
Road/Bedford RoadfThompson Terrace with Village Park. The current Pleasant Run
Road Improvements take us within 100 feet of the improvements at Main Street and
Pleasant Run Road, which are being constructed by the Village Monticello Partners,
Ltd. This remaining 100 feet would be constructed as an asphalt transition instead of
concrete. This amendment would allow construction of the necessary drainage
improvements for Phase II of The Village at Colleyville along Pleasant Run Road. The
City would pay for the drainage improvements with the Developer reimbursing the City
during construction of Phase II of the Village at Colleyville or within three (3) years from
the date of this agreement. TxDOT will construct the concrete street as part of the
Pleasant Run Road Realignment Project, tying the two sections together at no
additional cost to the City. This would complete the construction along Pleasant Run
Road.
Financial Impact
The Local Government Code, Subchapter C., paragraph 212.072 requires:
(a) Under the contract, the developer shall construct the improvements and the
municipality shall participate in their cost.
(b) The contract must establish the limit of participation by the municipality at a level
not to exceed 30 percent of the total contract price. In addition, the contract
may also allow participation by the municipality at a level not to exceed 100
percent of the total cost for any oversizing of improvements required by the
municipality, including but not limited to, increased capacity of improvements to
anticipate other future development in the area.
The developer, Village Monticello Partners, Ltd., Village Management, LLC, will
construct all of the improvements. The total cost of their contract for the improvements
is $3,424,972.61. Therefore, the 30 percent maximum participation by the City is
$1,027,491.78.
1. City agrees to pay Developer to construct storm drainage improvements. The
cost to the City is $23,279.25. This amount will be funded out of the 1995
Utility Drainage Bonds.
The total cost to the City in the Developer Agreement is $311,193.25, with this amended
agreement, which is 9% of the total contract cost.
#-.
Recommendation
Approval of Ordinance 0-01-1284
Attachments
. City-Developer Agreement
. RCC Letter (paper copy only)
. Estimates for Drainage Improvements (paper copy only)
. Ordinance 0-00-1234
. Ordinance 0-00-1251
. Ordinance 0-01-1284
Agenda Briefing
Ordinance 0-01-1284
Page 3
City of Colleyville
City-Developer Agreement
for
The Village at Colleyville
That Village Monticello Partners, Ltd., Village Management, LLC, collectively called
"Developer" and the City of Colleyville, Tarrant County, Texas hereinafter called "City", enter
into the following agreement.
In consideration of the mutual covenants herein contained and for The Village at Colleyville
("The Village"), which is shown on the attached Exhibit "A" and which shall be an addition to
the City ofColleyville, Texas as filed of record in the Plat Records of Tarrant County, Texas, the
parties hereto agree:
1. Developer and City agree to exchange the City's undeveloped strip ofland (59' by 944') on
Pleasant Run Road for all of Lot 42 in The Village owned by the Developer. Lot 42 contains
five building sites and a total of 15 units. Appraisals showed the City land to be worth
$160,000 and the five sites on Lot 42 to be worth $419,000.
2. Developer agrees to construct the main parking lot on Lot 4R, Block 1, including parking lot
lighting and landscaping. Construction costs of the parking lot, including lighting and
landscaping, are estimated by Baird, Hampton and Brown to cost approximately $475,000.
3. City agrees to contribute $210,000 towards the construction costs of the parking lot on Lot
4R, Block 1. This contribution shall be delivered to The Village during the construction of
this parking lot, upon delivery of invoices to the City.
4. The Village Owners' Association ("VOA") will clean the parking lot on Lot 4R, Block 1 and
maintain the landscaping in and around the parking lot. The City will pay the cost of
electricity for the parking lot light poles and the water cost for the landscaping.
5. City agrees to pay Developer for the oversizing cost between an 8-inch water line and a 12-
inch water line installed between Pleasant Run Road and the City Park as shown on the City-
approved construction plans titled "Water Plan" prepared by Baird, Hampton, and Brown.
(estimated cost to City = $15,250) Actual cost of construction is $18, 052.50.
6. City agrees to pay Developer the cost for utility improvements performed along the Chase
Bank property for re-Iocating of an 8-inch water line and an 8-inch sanitary sewer line out of
the proposed future Highway 26 right-of-way as shown on the City approved construction
plans titled "Water Plan" prepared by Baird, Hampton, and Brown. (estimated cost to City =
$30,500) Actual cost of construction is $35,667.00.
7. City agrees to pay Developer the cost for the 12-inch water line installed from Hwy 26
along Pleasant Run Road to the realigned portion of Pleasant Run Road a not to exceed
amount of $16,225.00.
.#
8. City agrees to coordinate and implement the design and construction of re-aligning
Thompson Terrace with Main Street at Highway 26 at the time of the Highway 26 widening
by TxDoT. This includes installing a ten-inch water pipe under Thompson Terrace outside
of the proposed future Highway 26 right-of-way.
9. City and Developer agree to equally share the costs of re-constructing that portion of
Thompson Terrace which has to be re-aligned with Main Street which is not paid for by the
TxDoT. If the Thompson Terrace / Highway 26 intersection is not re-built by January 1,
2004, then the Developer may pay for the design and construction of any and all of these
improvements, provided however, that the City will share in the cost of Thompson Terrace
re-alignment described above.
10. City agrees to acquire the right-of-way necessary to allow for the construction of the road
and utility improvements outlined in paragraph 7 above. It is agreed that this condemnation
will be done in conjunction with the Highway 26 widening. If the City has not acquired the
necessary right-of-way by January 1,2004, then the Developer may attempt to acquire on the
City's behalf, provided however, that the City will assist the Developer (at the Developer's
expense) with the condemnation process, if reasonably necessary.
11. City agrees to recommend approval to the Texas Department of Transportation ("TxDoT") of
the Highway 26 median improvements as shown on the attached Exhibit "B" titled
"Proposed Median Treatment Colleyville Boulevard (SH 26) Glade Road to Thompson
Terrace" prepared by Parsons Transportation Group.
12. City agrees to pay the design and installation costs for a temporary traffic signal at the Main
Street / Highway 26 / Thompson Terrace intersection. It is understood and agreed that the
permanent traffic signals will be designed by the City and constructed by TxDoT in
conjunction with the Highway 26 widening. If the permanent signal is not installed by
January 1, 2004, the Developer may elect to pay for the design of the permanent traffic
signal, and the City shall construct it.
13. Developer agrees that The Village Owners' Association (the "VOA") will pay the total cost
of continued maintenance repairs of any landscaping and irrigation systems installed in all
public areas (streets, parks, etc.) in The Village. City shall pay for the landscape watering
costs in the public areas. The Developer agrees that the City Parks Department will have
reaso~able control of the irrigation in a manner that keeps plant material healthy and
grOWIng.
14. Developer agrees to pay the total cost of installation of a gate at the west end of Central
Drive with key access. City agrees to maintain and repair the gate after installation.
15. Developer agrees to construct an eight-foot masonry-screening wall along the three common
property lines with Tract 2A2, B.B.B. & c.R.R. Co. Survey, Abstract 206 as part of Phase I
of the project. Developer agrees to install a six-foot masonry screening wall along the entire
length of the northern boundary of The Village from City Park to Pleasant Run Road and an
eight-foot, wrought-iron fence with openings for gates along the entire western property line
where The Village is adjacent to the City Park at the time the lots that abut these property
lines have completed streets and utilities which have been accepted by the City.
16. City agrees to enforce the parking regulations within The Village as referenced in Section 10
of Zoning Ordinance 0-99-1141, provided however, that the Developer shall pay the cost of
the administration and the City's enforcement of such parking regulations until building
permits have been issued for eighty building sites in The Village. Thereafter, the City shall
pay the enforcement costs of parking regulations. By September 1, 2000, City and
Developer shall attempt to further define and agree upon specific parking regulations for The
Village.
17. Developer agrees that the VOA shall pay for the cleaning of public parking lots. The City
shall repair and maintain such public parking lots.
18. Developer shall install streetlights and street signs as approved by the City in The Village.
Thereafter, the City shall maintain and operate them.
19. Developer shall install the landscaping and irrigation improvements as approved by City in
all public parks in The Village.
20. City agrees to withhold building and sign permits in The Village until the applicant delivers
written authorization from the VOA's Architectural Control Committee that the plans are
acceptable to the VOA.
21. Within twelve months after completion of infrastructure in the first phase of The Village,
City agrees to install: (a) at least six-foot wide sidewalks on Thompson Terrace and Glade
Road from Highway 26 to the east to connect to the recently installed sidewalk on Glade
Road; (b) a six-foot wide sidewalk on Pleasant Run Road from Bogart Road connecting to
the sidewalk constructed by The Village on Pleasant Run Road. (This will allow citizens to
ride their bikes from Hall-Johnson and Glade all the way to the City Park and The Village.)
22. D~veloper agrees to construct all public drainage easement improvements in The Village.
CIty agrees to repair and maintain such improvements after accepting them.
23. ~eveloper agrees to provide the City with a 2-year maintenance bond on all public
Improvements.
24. De~eloper agrees to pay all overtime construction inspection fees incurred by the City during
the Infrastructure construction in The Village.
-..- -.
25. City agrees to waive all perimeter street fees for Pleasant Run Road since the Developer is
re-building the road along its property frontage.
26. Developer agrees that the City is not responsible for maintenance of the sewer lines from the
sewer mains to the buildings. Maintenance of this section of the sewer lines will be the
responsibility of the building unit owners.
27. Developer agrees that all applicable impact fees will be paid by each building owner prior to
issuance of a building permit for that building.
28. Developer agrees to reimburse the City for the drainage improvements constructed
along Pleasant Run Road as part of the Village at Colleyville Phase II construction so as
to complete the Pleasant Run Road concrete section to the Main Street Intersection
Improvements. The Developer will reimburse the City in an amount not to exceed
$23,279.25 at the time of construction for the Village at Colleyville Phase II or three
years from the date of this agreement.
Developer (Village Monticello Partners, Ltd. and Village Management. LLC)
Name: Richard A. Myers
Title: President of the General Partner
Date:
City (City of Colleyville)
"
Date:
Name: Donna Arp
Title: Mayor
-- -
RCC
Realty Capital Corporation
RECEIVEDI
i MAY 2 1 ZOOl I
I 1 " _..", r'-RI"G nr?~R ['..EW
CiTY OF C0LLr/~"~I..l.l t :1~li:'.__:,:,.. 1\) ~ _ . 1.1 I
May 17,2001
Mr. Choyce R. Morrow, P.E.
City of Colleyville
P.O. Box 185
Colleyville, Texas 76034
BY
RE: The Village at CoUeyville - Cost Reimbursements per City-Developer Agreement
Dear Choyce:
In accordance with Items 5 and 6 of The Village at Colleyville City-Developer Agreement dated
July 11, 2000, Village Monticello Partners, Ltd. hereby requests full reimbursement for off-site
and upsizing utility work performed in conjunction with The Village at Colleyville.
As of the date hereof, Village Monticello Partners, Ltd. has been reimbursed for the estimated
amount of $45,750, as referenced in the City-Developer Agreement. Since the actual costs of the
work exceeded the estimated amounts, we are requesting reimbursement for the difference of
$7,969.50. At the time the City-Developer Agreement was written, the estimated amounts were
included in the Agreement per the City's request. These two items were never intended to be
"not to exceed" costs. For your review, the breakdown of the work and its actual cost is included
with this letter.
All of the work referenced in Items 5 and 6 have been completed by Wright Construction and
paid for in full by Village Monticello Partners, Ltd. At this time, we ask that this request for'
additional reimbursement be placed before the Colleyville City Council for consideration.
Thank you for help with this project and please fell free to call me at (817) 488-4200 ext. 105 if
you have any questions.
. Archie
Capital Corporation
Enclosures
1111 South Main Street, Suite 200, Grapevine, Texas 76051 . (817) 488-4200. Fax. (817) 424-2448
-~ -.
WRIGHT CONSTRUCTION CO., INC.
". w. WALL S'I'.
CRAPF.VINt:, TEXAS 76051
(l17l411-1S94
PROPO&4L
TO: REAL TV CAPITALCORPORATION
JOB: THE VILLAGE. COLLEYVlLLE - PHAse,
DATE: MAY2S. 2001
CITY: COLLEVVILLE
ITEM
NO
DESCRIPTION
BOX CULVERT EXTENSION
1 6'xe' BOX CULVERT
2 18" CL.III RCP
3 MOBll.IZA TION
4 8" ASPHALT PVMT TRANSITION
UNIT QTY
UNIT
PRice
TOTAl. 'I'j'
AMOUNT ..
SUBTOTAL BOX CULVERT EXTENSION
LF 95 $208.00 $19.570.00
LF 35 $33.00 51,155.00
LB 1 $3,250.00 $3.260.00
SY -55 $12.66 ($695.75)
$23,279.26
ORDINANCE 0-00-1234
AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT
FOR PUBLIC IMPROVEMENTS BETWEEN VILLAGE MONTICELLO PARTNERS,
LTD., VILLAGE MANAGEMENT, LLC. AND THE CITY OF COLLEYVILLE, TEXAS
WHEREAS, Village Monticello Partners, Ltd., Village Management, LLC. (Developer)
shall construct pUblic improvements and the City of Colleyville, Texas
shall participate in the cost as determined by municipal ordinance under
Subchapter C. Developers Participation in Contract for Public
Improvements, Local Government Code, State of Texas; and
WHEREAS, The City of Colleyville and Developer have entered into a City-Developer
Agreement for The Village at Colleyville, which specifies certain
construction costs that the City has agreed to participate in with the
Developer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
THAT the Developer shall construct the improvements and the City shall
participate in their cost.
THAT the City's total cost participation ($263,719.50) does not exceed
thirty percent (30%) of the total contract price.
THAT the City's participation in the oversizing of public improvements
required by the City does not exceed one hundred percent (100%) of the
total costs of the oversizing so required.
THAT the Developer must execute a performance bond for the
construction of the improvements to ensure completion of the project, said
bond must be executed by a corporate surety in accordance with Chapter
22531 Govemment Code.
THAT the City shall be reimbursed by the Developer the total cost
participation by the City if City finds there was any undue loading of cost,
collUSion, or fraud.
THAT all of the Developer's books and other records related to the project
shall be available for inspection by the City.
~ -~-
Ordinance 0-00-1234
Page 2 of 2
AND IT IS SO ORDERED.
ThJ\ first !'lading and public haaring being conducted on the -,sib day of
t:tJJJU.5 t , 2000.
Tha ""9""d faading and public hearing baing conducted on tha ~ day of
LC::>P f2:/.:lLl.J I2:!L.. , 2000.
ATIEST:
CITY OF COLLEYVILLE
~~J~
City Secretary
J[~Uu
Mayor
APPROVED AS TO FORM AND LEGALITY:
-
Ross T. Foster
City Attorney
ORDINANCE 0-00-1251
AN ORDINANCE AMENDING THE DEVELOPER PARTICIPATION IN CONTRACT
FOR PUBLIC IMPROVEMENTS BETWEEN VILLAGE MONTICELLO PARTNERS.
LTD., VILLAGE MANAGEMENT, llC. AND THE CITY OF COLLEYVILLE, TEXAS
WHEREAS. Village Monticello Partners, Ltd., Village Management. LLC. (Developer)
shall construct public improvements and the City of Colleyville, Texas
shall participate in the cost as determined by municipal ordinance under
Subchapter C. Developers Participation in Contract for Public
Improvements. Local Government Code, State of Texas; and
WHEREAS, The City of Colleyville and Developer have entered into a City-Developer
Agreement for The Village at Colleyville, which specifies certain
construction costs that the City has agreed to participate in with the
Developer; and
WHEREAS, The addition of the 12-inch water main was determined to be necessary to
comply with the Water Master Plan.
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Section 2 of Ordinance 0-00-1234 is amended as follows: City's
total cost participation of $279,944.50, which does not exceed thirty
percent (30%) of the total contract price.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,2000.
day of
The second reading and public hearing being conducted on the
,2000.
day of
-- -
Ordinance 0-00-1251
Page 2 of 2
ATTEST:
~tl~
City Secretary
CIZ/LLEYVILLE
DoE~ ~
Mayor
~VED AS TO FORM AND LEGALITY:
Ros 1. F star
City Attorney
----------
ORDINANCE 0-01-1284
AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT
FOR PUBLIC IMPROVEMENTS BETWEEN VILLAGE MONTICELLO PARTNERS,
LTD., VILLAGE MANAGEMENT, LLC. AND THE CITY OF COLLEYVILLE, TEXAS
WHEREAS, Village Monticello Partners, Ltd., Village Management, LLC. (Developer)
shall construct public improvements and the City of Colleyville, Texas
shall participate in the cost as determined by municipal ordinance under
Subchapter C. Developers Participation in Contract for Public
Improvements, Local Government Code, State of Texas: and
WHEREAS, The City of Colleyville and Developer have entered into a City-Developer
Agreement for The Village at Colleyville, which specifies certain
construction costs that the City has agreed to participate in with the
Developer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
'.
Sec. 4.
Sec. 5.
Sec. 6.
THAT the Developer shall construct the improvements and the City shall
participate in their cost.
THAT the City's total cost participation ($311,193.25) does not exceed
thirty percent (30%) of the total contract price.
THAT the City's participation in the oversizing of public improvements
required by the City does not exceed one hundred percent (100%) of the
total costs of the oversizing so required.
THAT the Developer must execute a performance bond for the
construction of the improvements to ensure completion of the project, said
bond must be executed by a corporate surety in accordance with Chapter
2253, Government Code.
THAT the City shall be reimbursed by the Developer the total cost
participation by the City if City finds there was any undue loading of cost
collusion, or fraud. I
THAT all of the Developer's books and other records related to the project
shall be available for inspection by the City.
-
Ordinance 0-01-1284
Page 2 of 2
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
ArrEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
C I'Y r)f
({\J~~c:3
CITY COUNCIL ~\ ~ I AGENDA BRIEFING
For mt .:
Item # :
7/02/01
CMO Approval:
6
Ordinance #:
DEPT. :
POLICE
SUBJECT:
An Ordinance adopting an annual budget for
Fiscal Year 2002 for the Colleyville Crime Control
and Prevention District.
0-01-1285
Previous Action: 6/19/01
Second Reading and Public Hearing
First Reading and Public Hearing
Backaround
"
In accordance with the Local Government Code, the board shall propose an annual
budget. The budget must contain a complete financial statement; including a statement
of outstanding obligations, the amount of cash on hand, the amount of money received
by the district during the previous year, the estimated amount of money available to the
district, the amount of money needed to fund programs approved, the amount of money
requested for programs that were not approved, the tax rate for the next fiscal year, the
amount of the balances expected at the end of the year in which the budget is being
prepared and the estimated amount of revenues and balances available to cover the
proposed budget.
A1l~1 m~
CITY MANAGER )
lJ&~~~
DEPART HEAD
(continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1285
Page 2 of 2
Financial Impact
The CCCPD's projected revenue for FY 2002 is $890,920 with expenditures of
$869,977. Proposed expenditures are administrative board expenses ($500),
telecommunicationslfurniture ($175,000), police officer ($50,144), and debt service
($644,333).
Recommendation
Approval of Ordinance 0-01-1285
Attachment
· CCCPD FY 2002 Budget
· Ordinance 0-01-1285
- --
COLLEYVILLE CRIME CONTROL DISTRICT
FY 2002 BUDGET
PROJECTED PROPOSED
FISCAL YEAR 2001 2002
BEGINNING FUND BALANCE $45,789 $268,782
REVENUES:
1/2 CENT SALES TAX REVENUE $697,410 $703,970
INTEREST INCOME $250,000 $186,950
TOTAL REVENUES $947,410 $890,920
EXPENDITURES:
ADMINISTRATIVE BOARD EXPENSES: $500 $500
BUILDING:
TELEcOMMUNlcA TIONS/FURNITURE $35,000 $175,000
PERSONNEL:
POLICE OFFICER $47,444 $50,144
- . CAPITAL:
VEHICLES $0 $0
COMPUTER EQUIPMENT $0 $0
DEBT SERVICE:
1999 CERTIFICATES OF OBLIGATION $641,473 $644,333
TOTAL EXPENDITURES $724,417 $869,977
EXCESS REVENUES OVER EXPENDITURES $222,993 $20,943
ENDING FUND BALANCE $268,782 $289.725
ORDINANCE 0-01-1285
AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2002 FOR Tr
COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2002, A COpy OF
SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME
EFFECTIVE UPON PASSAGE BY THE CITY COUNCIL.
WHEREAS, the laws of the State of Texas require the Board of Directors of the Colleyville
Crime Control and Prevention District to adopt a budget of projected
revenues and proposed expenditures, cash on hand at the start of the year,
the amount of money received during the prior year, the tax rate and the
projected ending fund balance; and
WHEREAS, on June 19, 2001, the Board of Directors of the Colleyville Crime Control and
Prevention District approved the following budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the budget for the fiscal year beginning October 1, 2001 and ending
September 30, 2002, for the Colleyville Crime Control and Prevention
District, a copy of which is on file in the office of the City Secretary, is hereby
made a part of this ordinance by reference and is hereby approved anr'
adopted by the City Council of the City of Colleyville, Texas, as the official
budget for the fiscal year beginning October 1, 2001, and ending September
30,2002.
Sec. 2.
THAT the budget of the fiscal year beginning October 1, 2001, and ending
September 30, 2002, for the Colleyville Crime Control and Prevention District
with a sales and use tax rate of .5% is hereby fixed as follows:
Projected Revenue Received
in Fiscal Year 2001
$947,410
Projected Cash on Hand
as of October 1, 2001
$268,782
Revenues
$890,920
$869,977
Expenditures
Ending Fund Balance
at September 30, 2002
$289,725
--
Ordinance 0-01-1285
Page 2 of 2
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:
APPROVED:
Cynthia Singleton, TRMC
City Secretary
Donn'a Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
.~
-A -_
Ci.ry Df
((?~n~
~~
CITY COUNCIL Tw. AGENDA BRIEFING
For mta. : 07/02/01 CMO Approval: '
Item # :
7
Ordinance # :
0-01-1286
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Zoning Change requested by Raman Chandler,
from PUD-C for institutional use to PUD-R
Planned Unit Development-Residential and CC2
Shopping Center on 43.891 acres located at the
south side of McDonwell School Road and the
east side of Precinct Line Road, Westgate, Case
Z-01-014
First Reading and Public Hearing
Backoround
Raman Chandler has submitted a request to rezone approximately 43.9 acres of land
located near the intersection of Precinct Line Road and McDonwell School Road to
allow for the development of a 53 lot single family subdivision and a future commercial
area. The single-family residential portion of the request contains 14.9 acres and the
commercial area contains 29 acres. This property was rezoned to its current zoning
designation of PUD-C on February 15, 2000, to allow for development of a private
school.
The applicant is requesting PUD-R zoning on the 14.9-acre portion of the tract for
residential development and requesting CC2 Shopping Center on the 29-acre portion.
The residential portion sits adjacent to the Remington Park subdivision, while the
proposed commercial area has frontage on McDonwell School Road and Precinct Line
Road.
'!J;,~ 7nuJ~
CITY MANAGER
~~D
FINANCIAL REVIEW (IF NECESSARY)
( continued)
Agenda Briefing
Ordinance 0-01-1286
Page 2
The requested PUD-R zoning on the 14.9-acre portion of this tract proposes
development of 53 villa-style lots as a gated (private street) development. The
developer is proposing an 88-foot right-of-way width and U-shaped street through the
residential development to provide for two 24-foot driving lanes and a 21-foot wide
center median. The developer is requesting that the medians be included in the 20%
open space requirement. The outer open space is intended to buffer the proposed
homes from the adjacent development and is not designed for recreational purposes.
The developer indicates that he is requesting the small lot development to function as a
transition zone between the single-family development of Remington Park to the east
and the proposed commercial area to the west.
The 29-acre proposed CC2 area is slated for a par 3 golf course development. The golf
course development would also include a driving range, pro shop, and batting cages.
Information from the applicant about the golf course is attached. The developer intends
that the development of the golf course would be short-lived, at least unhl the market for
other types of commercial development matures at that location. Since the golf course
is not part of the PUD, any use allowed in the CC2 district could locate on this portion of
the property. A golf course is one of the allowed uses in this district.
The Development Review Committee review letter to the applicant indicates that there
are a number of aspects of this proposal that do not meet the minimum standards for a
residential Planned Unit Development district. Lot sizes and setbacks, for example, do
not meet the standards of the Land Development Code and the density of 3.55 dwelling
units per acre is almost twice the density of the proposed goal of 1.8 dwelling units
recommended in the Colleyville Master Plan.
The following is an analysis of the major issues associated with this rezoning request.
.,
Adherence to Master Plan Density and PUD Standards. As noted in the comments
above, this rezoning request and the proposed plan far exceeds the recommended
maximum residential density called for in the Colleyville Master Plan. The Master Plan
calls for a maximum density of 1.8 dwelling units per acre (dua), which is generally
equivalent to lots of about 20,000 square feet. The proposed density of this project is
3.55 dwelling units per acre. The PUD-R standards contained in the Colleyville Land
Development Code do allow for lots as small as 13,000 s.f., provided this is balanced
with a minimum of 20% of the property in common open space, which produces a
density of a tract at 1.8 dua or less. This project does provide 20% open space, but
provides for twice the density at half the minimum lot size. The table below illustrates
the differences between this standard and the proposal.
-- -
Agenda Briefing
Ordinance 0-01-1286
Page 3
Design Element Dev. Code Proposal
minimum lot size 13,000 s.f. 6,490 s.f.
average lot size 16.000 s.f. 6.753 s.f.
minimum width 1 00 ft. 59 ft.
minimum depth 120 ft. 110ft.
front setback 30 ft. 15 ft.
rear setback varies 5 ft.
side setback varies 5 ft.
Lot Coverage. The allowed lot coverage in the standard PUD-R district is 50% of the
lot. This means that the footprint of the house could cover up to one-half of the lot.
Based on the proposed building setbacks for a typical lot in Westgate Villas. there is a
buildable area left on the lot equivalent to 68% of the lot. In order to avoid future lot
coverage problems on a lot this size, the proposed ordinance includes a provision to
allow 60% lot coverage, as recommended by the Planning and Zoning Commission.
Rear Setback. Staff has concern over the proposed 5-foot rear setback. The typical
PUD-R rear setback is 10-feet. Providing only a 5-foot setback would limit the space in
the rear yard and make it difficult to construct a swimming pool or other back yard
structure on the lot. In the Villas at Caldwell's Creek, a similar type of development, the
Zoning Board of Adjustment has approved one variance to allow a swimming pool to
encroach both the side and rear setback lines.
Master Plan Land Use. The Colleyville Master Plan shows this area as a future office
commercial area. The Master Plan Committee appointed by the City Council, spent
considerable time evaluating the location of additional future commercial lands. Since
the amount of commercial land in Colleyville is extremely low as a percentage of the
overall development, one of the goals of the Master Plan is to increase the percentage
of commercial land in the future. Approval of the PUD-R rezoning request as proposed
by the applicant will eliminate about 15 acres of future commercial I office land from
possible development in the future.
Master Thoroughfare Plan. When the property was rezoned earlier this year to allow
for the development of the private school, the Master Thoroughfare Plan was amended
by deleting a future four-lane major collector street proposed through the subject
property. Originally, the concept of the proposed major collector was to connect L.D.
Lockett Road and McDonwell School Road with a north-south street that would serve
new commercial properties along Precinct Line Road and would divide retail land to the
west and office development to the east. It was considered that the office development
would serve as a land-use buffer to the single-family development locater further to the
east. Staff recommends that the major collector be reinstated on the Master
Thoroughfare Plan.
Agenda Briefing
Ordinance 0-01-1286
Page 4
Platting. The Land Development Code allows a PUD zoning exhibit to serve as a
preliminary plat, thus eliminating a major step in the approval process. However, the
exhibit must include all the design elements required of a preliminary plat submittal,
such as a drainage analysis and utility layout. In this instance, the applicant has agreed
to submit a preliminary and final plat at a later date subject to zoning approval. As a
result, some aspects of the development may require redesigning once proper street
design, drainage and other preliminary plat elements have been provided. The exhibit
serves as a conceptual plan for the property and will be included as such in the
amending ordinance. It is important to note that before construction of the golf course
could begin, that property would also have to be platted.
Estimated Tax Revenues. An application for a PUD requires the submittal of general
economic development information. The applicant has submitted information for both
the residential and golf course portions of this zoning request. Based on an average
value of $325,000 per dwelling, the estimated property tax revenue would be $1,129 per
dwelling per year. The golf course projections include $29,520 in sales tax and $38,205
in property taxes per year. Detailed information for both projects is attached. Golf
course green fees, cart rental and product sales are also subject to sales tax. Currently,
the property is appraised at $2,581,887 according to the Tarrant Appraisal District. This
value generates approximately $8,969 in property tax to the city.
Right-of-Way Dedication. As part of the platting of the property, the owner is required
to dedicate right-of-way for McDonwell School Road. Based on the history of adjacent
development, it is likely that the owner will dedicate 37.S-feet of right-of-way. The
owner is also responsible for constructing one-half of the width of McDonwell School
Road adjacent to the property or escrowing an equivalent amount of money with the
City for future improvements. The right-of-way dedication and road construction applies
to both the residential and golf course portions of the property.
Gated Community. The applicant has indicated a desire to make this a private street
subdivision. Staff has not formally reviewed the entry gate for compliance with the
regulations. However, this is normally part of the subdivision plat submittal and would
be addressed at that time.
Adjacency to Remington Park. The Remington Park homeowners association has
submitted a letter of support for the request. The letter of support is conditioned upon
the inclusion of certain restrictions in the PUD-R zoning ordinance for this property. A
copy of the letter is attached. The conditions listed in the letter are included in the
attached ordinance.
-.. --
Agenda Briefing
Ordinance 0-01-1286
Page 5
IMPACT ISSUES
1. Master Plan. This proposal is not compatible with the Colleyville Master Plan
adopted in 1998. The Master Plan calls for commercial and office development
on this tract. Single family residences are not consistent with the goals and
policies of the Plan.
2. Surrounding Properties. Single-family homes in the new Remington Park
addition are located to the east of the property. Property to the west is
undeveloped. There are some large lot single-family homes to the south on
LaVaca Trail. Property to the north has just started to develop as a single-family
area.
3. Development Trends. The development trends to the east and north are single-
family developments. Although there are a few commercial buildings in the area,
such as at the corner of Precinct Line Road and McDonwell School Road, no
strong trends have been established yet to the south. To the west in North
Richland Hills, significant commercial development is occurring on Davis
Boulevard, including grocery stores, retail centers, and a proposed Wal-Mart.
4. Infrastructure. The developer will have to provide all utilities for this area.
Water and sanitary sewer lines are in the vicinity of the subject property.
5. Current Zoning. The area is currently zoned PUD-C for a private school use.
6. Economic Development. Upgrading this undeveloped property for use as
residences will have a positive economic impact. However, commercial
development as proposed by the Master Plan would have a much stronger
economic impact.
7. Trail System Plan. Only sidewalks are planned along the frontage of
McDonwell School Road.
Staff mailed 30 notices to adjacent property owners regarding this request. Staff has
not received any correspondence regarding this request.
The Planning and Zoning Commission considered this rezoning request at its June 11,
2001, meeting and recommended denial of the request by a 4-2 vote.
Recommendation
Agenda Briefing
Ordinance 0-01-1286
Page 6
Denial, due to technical non-compliance with the Land Development Code
Attachments
· Zoning Exhibit
· Master Plan Map of Area
· Master Thoroughfare Plan of Area
· Development Review Committee Memorandum
· Applicant's Response Letter
· Applicant's Planning Objectives "Westgate Development"
· Applicants Entryway Drawings
· List of Property Owners Receiving Notice of Public Hearing
· Planning and Zoning Commission Minutes
· Proposed Ordinance 0-01-1286
-#
Zoning Exhibit
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Development Review Committee Memorandum
DEVELOPMENT REVIEW COMMITTEE
DAlE
June 1,2001
Raman Chandler
817-283-9186
Clayton Husband, AICP, Development Coordinator
FAX TO
FAX NO
FROM
SUBJECr
2-01-014 PUD-C to PUD-R and CC2 - Westgate Villas (McDonwell School
Road)
The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning
change request submitted to this office on May 18, 200 I. The following comments are for your
consideration.
GENERAL INFORMATION
1. The zoning exhibit submitted does not meet the requirements of a Preliminary Plat. While a
conceptual plan is acceptable for the zoning process, a preliminary plat and final plat will be required
prior to development of the property. This application may include review of a preliminary plat if all
required information for the preliminary plat is submitted.
2. The Colleyville Master Plan designates the future land use of this property as retail, office and
commercial development. The zoning request is inconsistent with the Plan, and a recommendation
for denial will be made to the Planning & Zoning Commission for technical non-compliance with the
Plan. Only the Planning & Zoning Commission and City Council have the discretion to approve
residential components in this area.
ZONING EXHIBIT DRAWING
I. The residential lots in the proposed development do not meet the minimum requirements for a PUD-R
zoning district. The lots must be reconfigured to conform to the following requirements:
a. Minimum Lot Size: 13,000 sq. ft.
b. Average Lot Size: 16,000 sq. ft.
c. Minimum Lot Width: ] 00 feet
d. Minimum Lot Depth: ]20 feet
e. Front Building Line: 30 feet
f. Side Building Lines: 10 feet
g. Rear Building Line: 25 feet
-..,. -.
Development Review Committee Memorandum
2. Provide a summary of the following infonnation for the proposed residential lots: average lot size,
minimum lot size, and maximum lot size.
3. A 7.5-foot drainage and utility easement is required adjacent to the rear property line of each
residential lot. Add the easement to the drawing.
4. It appears that the open space areas are intended to be privately owned by the homeowners
association. If so, all open space areas, landscape buffers, and medians must be maintained by the
homeowners association. Add a note to the drawing indicating this arrangement.
5. The residential open space area is listed as 5.6 acres. Show a breakdown of how this amount was
calculated and where the specific areas are located. It appears that the open space shown on the
drawing totals just over 3 acres.
6. The proposed greenbelt along McDonwell School Road should be revised on the eastern end to
provide a smooth transition to the existing greenbelt adjacent to the Remington Park Addition.
7. The Master Thoroughfare Plan identifies an undivided 4-lane Major Collector street running north-
south between McDonwell School Road and L.D. Lockett Road. The developer will be required to
dedicate a 75-foot right-of-way through this property on the subdivision plat and construct the
roadway. The centerline of the right-of-way should be located 1,000:1: feet east of Precinct Line
Road. The purpose for this roadway is to provide for traffic circulation and access to the
commercial/office areas in the western part of town, without having a detrimental impact on Precinct
Line Road. Show the location of this roadway on the zoning exhibit. A copy of the Master
Thoroughfare Plan showing this roadway is attached.
8. McDonwell School Road is classified as a Minor Collector on the Thoroughfare Plan. A Minor
Collector requires an ultimate right-of-way width of 75 feet. It appears the required right-of-way
dedication of 37.5-feet along the frontage of this property is shown on the drawing.
9. The infonnation provided by the applicant shows a covered entryway into the subdivision. The
covered entryways must provide a minimum horizontal and vertical clearance of 14 feet.
] O. The drawing proposes side yard setbacks of 5-feet for each side of the lot. There have been instances
in similar developments where the owner has found it difficult to place a swimming pool in the rear
yard, primarily due to the side yard setback. Different setbacks, such as 8-feet and 2-feet or true zero
lot line construction, could be considered to alleviate these problems.
II. A golf course is an allowed use in the CC2 zoning district. Prior to construction of the golf course, a
final plat, with engineering construction plans, must be approved by the City. A site plan and
landscape plan must also be approved prior to the issuance of a building pennit for any structures,
such as the pro shop.
12. Approval of a subdivision plat is required to create lots or divide the property into lots and blocks.
The following infonnation is related to the subdivision plat process.
Development Review Committee Memorandum
a. A preliminary drainage analysis must be included with the preliminary plat submittal. The
drainage analysis must address off-site drainage areas, and must include runoff calculations for
existing and developed conditions.
b. This development will require the construction of off-site and on-site water and sanitary sewer
utilities. The preliminary plat submittal must include preliminary utility plans for water and
sanitary sewer construction.
OTHER INFORMATION
1. The Land Development Code requires sidewalks along McDonwell School Road. The sidewalks
must be constructed when any new buildings are constructed on the property, except for the sidewalk
along McDonwell School Road, which must be constructed with the public improvements to the
property. The sidewalks must be at least 5-feet wide. Sidewalks along Precinct Line Road must
confonn to the requirements of the Pathways Plan, which requires a IO-foot sidewalk along Precinct
Line Road.
2. Perimeter street improvements are required for this property since McDonwell School Road is an
unimproved street and the plat contains more than one lot. The developer is required to construct
one-half of the street or provide an equivalent amount of cash escrow for future improvement by the
City. The Engineering Department will calculate a detailed estimate of the escrow amount at the time
of plat submittal, if requested.
3. Water, sewer and roadway impact fees are due at the time a building penn it is issued for a new
structure on the lots. The Engineering Department will provide a fonnal assessment of impact fees to
the Building Inspection Department. The fees listed below are intended to provide general
infonnation on the fees that could be assessed.
ROADWAY
$1,589 per dwelling unit for single family residential uses [Service Area 2]
$2,936 for a I-inch meter [fee dependent on water meter size and if new meter
installed]
$256 for a I-inch meter [fee dependent on water meter size and if new meter
installed]
WATER
SEWER
4. Parkland dedication fees are assessed at the time of approval of the final plat. Since new lots are
being created by this plat, the payment of parkland dedication fees is required for this development.
The fee for non-residential lots is $800 per acre. The fee for residential lots is $1,802 per lot. An
assessment of parkland dedication fees will be provided to the owner upon approval of the final plat,
and all fees must be paid before the plat is recorded with the County Clerks Office. The estimated fee
for this property is $95,506 for the residential portion and $22,480 for the non-residential portion.
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, June 11,2001, 7:00 p.m.
Tuesday, July 3 and July 17,2001, 7:30 p.m.
-- -.
Development Review Committee Memorandum
RESUBMITT AL REQUIREMENTS
A marked-up print is available for pickup in the Community Development Department offices. Once you
have completed the changes to the drawing, please submit the following to our offices:
a written letter addressing each comment stating the comment has been addressed or offering reasons
why the requirement should be modified or waived
22 folded copies of the revised Zoning Exhibit drawing
one 8~" x 11" reduced copy of the revised exhibit
preliminary engineering construction documents, if the request is intended to include a preliminary
plan
The revised drawings must be submitted no later than Wednesday, June 6, 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 BAlLEY, FIRE DEPARTMENT
BOB YOUNGER, BUILDING INSPECTION
KELlY HOWELL, PUBUC WORKS
MIKE SOAB, ECONOMIC DEVELOPMENT
DIANNE MCWETHY. CITY MANAGER'S OFFICE
"
Applicant's Response Letter
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Tony KrausJca, P.E - Own~r
Jay Bedford. RPLS - Own~r
Trrry Whitakrr - Sllrv~y Operolio
Dalr Cryer - Field Opero/lons
June 4,2001
Mr. Clayton Husband
City of Colleyville
P.O. Box 185
Colleyville, Texas 76034
Re: WESTGATE VILLAS
COLLEYVILLE, TEXAS
"
We are in receipt of your memorandum dated June 1,2001 and offer the following comments:
Zoning Exhibit Drawing Comments:
1. Lots have not been reconfigured because of our desire to create a housing product
different from the norm
2. Lot summary has been added
3. The 7.5 foot easement bas been added to the greenbelt for the lots backing to the
greenbelt. We feel this is less intrusive to those lots and still provides the franchise
utilities their needed space. We are only able to provide 5 feet in the rear of the
interior lots because of the 5' rear building setback. A better solution might be to
provide 7.5 feet in the fron of these lots in the platting stage.
4. HOA maintenance note has been added
5, The areas has been corrected
6. We cannot adjust the greenbelt along McDonwell School Road wihout impacting
the first residential lot.
7. With the golf center it would be impossible to locate the roadway as shown on the
thoroughf3re plan
8. Our share of the future right-of-way for McDonwell School Road has been shown
9. The requested clearance will be provided
10. We have found the owners of these home typically do not want swimming pools
and they would have to abide with the setbacks called for
II. Plat and plans for the golf course will be submitted at the appropriate time
12. The information requested for platting will be supplied with a plat submittal.
Sincerely,
KBA Partners, Inc.
tv-tr ~
Tony Krauska, P.E.
Vice President
4222 Ro:sehi/I Road. Suite 2 - Garland, Taas 7$043 - Ph. 972-240-$999 - Fax 972-240-4466
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Applicant's Planning Objectives "Westgate Development"
THE WESTGATE DEVELOPMENT
The development site consists of 43 acres (including the old "Nine Acres" building)
located at Precinct Line Road and McDonwell School Road in the northwest part of
Colleyville.
The property was previously zoned for use as a Private School campus. However. the
school was not able to obtain financing to purchase the property and were unable to
proceed with the project. Now the property must be re-zoned for a use other than as a
private school.
To accomplish that end, we wish to take into consideration the best interest of the City of
ColleyviIle and the adjacent property owners. The City wishes to see commercial and
retail development along Precinct Line Road and our plan provides for retail development
at that location.
At the same time, the development of Remington Park to the east must be considered. It
seems appropriate to provide a transition from the residential development in Remington
Park to the retail use along Precinct Line Road.
To accomplish the transition we are planning the Westgate Villas, a residential
development designed to accommodate the wishes of the growing number of "Empty
Nesters" in Colleyville and the surrounding cities who wish to sell their large homes or
large lots or acreage and purchase a Villas style home designed for their needs and
wishes. The Westgate Villas will be patterned after the Villas at Caldwell's Creek, which
is located on a similar "transition" property between Caldwell's Creek and Feragne
Photography Studio on John McCain Road.
Then, to the west of Westgate Villas, we plan the construction of a Golf Center with a
Driving Range, Pro Shop and a Par 3 nine hole course. In the future the property will be
redeveloped for office and retail use.
It is our understanding that this development plan will best meet the needs of all
concerned parties and will allow the utilization of this property under one development
plan and thus avoid the fragmentation of this property into separate ownership by the
separate owners of the fine parcels of land.
We respectfully request your consideration support of this key piece of property.
Applicant's Planning Objectives "Westgate Development"
WESTGATE VILLAS
STATEMENT OF PLANNING OBJECTIVES
The applicant proposes a custom residential neighborhood similar to The Villas at
Caldwell's Creek on John McCain Road in Colleyville, Texas. The development
proposes a "U" shaped private boulevard with a 21 foot median. The gated entry and
open areas would be heavily landscaped for the custom home buyer.
The commercial area would eventually be developed as office space when the market
warrants that use. Interim use would be a 9 hole Par 3 golf course and driving range.
DEVELOPMENT SCHEDULE
Residential development would occur as soon as platting allowed. Development of the
golf course and driving range would be immediately after zoning and plat approval.
Eventual office development would occur as the market requires.
STATEMENT OF PROPOSED OWNERSHIP
The project would be owned by a Limited Partnership and developed by Raman Chandler
Properties.
STATEMENT OF UTILITIES TO BE PROVIDED
Water and sanitary sewer service would be provided by nearby City of Colleyville utility
lines.
ECONOMIC DEVELOPMENT INFORMATION
See additional sheet
TRAFFIC IMP ACT ANALYSIS
None provided
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Applicant's Planning Objectives "Westgate Development"
THE WESTGATE GOLF CENTER
...a 29 acre project in Colleyville, Texas located at the southeast comer of Precinct Line Road
and McDonwell School Road (Northeast Tarrant Parkway).
The subject property has excellent potential for commercial development in the future. Precinct
Line Road is a major north-south thoroughfare consisting of four lanes and a turn lane (which
may be expanded to six lanes with a turn lane) completed in 2000. Precinct Line Road merges
with Davis Boulevard north of the property and continues north to HWY 1709. In the future.
Davis Boulevard is planned to extend north to HWY 114 near the Solana and Circle T complexes
in Westlake. The extension of Davis Boulevard to HWY 114 will maximize the value of the
subject property.
The interim use of the subject property as a Golf Center will generate a significant sales while
the property is allowed to mature for extensive commercial development. Also, the interim use
will afford the time necessary to acquire the property fronting on Precinct Line Road which will
be necessary to allow retail development of the property.
Raman Chandler Properties, LC (the General Partner) has developed various projects in
Colleyville and the Metroplex for the past 18 years. The theme for the various developments has
been high quality with featured amenities such as parks and water ways. The development of the
golf center is very similar in scope and style to the amenities provided in prior developments.
The operation of the Golf Center will include the employment of a golf professional to oversee
the day to day operations.
The Driving Range will be lighted with 55 teeing stations, grass teeing areas, grass driving range
and netting around the driving range.
The Par 3 Nine Hole course will be done in the LINKS style of the British Isles with numerous
bunkers, waste area berm and undulating greens. The site will allow a good mix of holes length
(from 100 yds to 240 yds ) to create a quality course which will challenge even the avid golfer.
The course will provide an excellent "short game" practice area for the serious golfer while also
providing a practice area for teaching and for the casual golfer.
The sales projections are based on information from other facilities in the metroplex and are
believed to represent reasonable expectations for the operations of the Golf Center and the
ultimate sale of the land.
The location of the Golf Center is central to the cities of Colleyville, Southlake, Keller, North
Richland Hills and Hurst. The nearest Driving Ranges open to the public are Bob Moores
Driving Range on Colleyville Boulevard (Hwy 26) in Colleyville and Sky Creek Ranch in
Keller. There are no other comparable facilities in the area. The total population in the
surrounding cities is well in excess of 150,000 residents which are easily accessible to the
Westgate Golf Center.
Applicant's Planning Objectives "Westgate Development"
The Westeate Villas -Proiected City Tax Revenue
A. PUD -R Subdivision in the City of Colleyville
53 dwellings located on 14.9 acres at an average value of$325.000 each.
I. The Westgate Villas will be developed with private streets to be maintained by the
H.D.A., thus the city maintenance costs will be minimal (limited to the maintenance
of the public utilities).
II. The homeowners are typically "empty nester" couples and professionals whose life
style will entail a minimal impact on the city infrastructure and city services
III. The tax revenue to the city is estimated as follows:
Estimated A average Home Value
$325,000.00 x 53 each = $17,225,000.00
Estimated city property tax @ .3474 = $59,839
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Applicant's Planning Objectives "Westgate Development"
THE GOLF CENTER PROJECTED CITY TAX REVENUE
Proiected Sales
Driving Range
55 teeing stations
55 x 10 bkts x $7 x 240 days
$ 924,000.00
9 Hole -Par 3
200 rounds @ $9 x 240 days
432,000.00
Pro Shop
Sales (net of cost)
$500 x 240 days
120.000.00
$ 1,476,000.00
Municipal sales tax (1 %)
Economic Development tax (1/2%)
Crime control tax (1/2%)
$ 14,760.00
7,380.00
7,380.00
Projected total sales tax
Projected property tax
$2,500,000 x .3474
29,520.00
8,685.00
Projected total city taxes
$ 38.205.00
Note: No income projected during years I and 2 development and start up period
Applicant's Entryway Drawings
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List of Property Owners Receiving Notice of Public Hearing
Khosrow & Parvis Yazhari Donald K Blacubun Trust Joe & Gail Morris
2308 Farrington Lane 1370 Randol MiJI 6605 Herbert Road
Hurst, TX 76054 Roanoke TX 76262 Colleyville, TX 76034
Ronald Bowling W. E. Williams & Ronald & Lisa Ballard
W. J. Cunningham
P.O. Box 18 6602 Herbert Street 6603 Curtis Road
Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Mrs. Bonnie Hicks Kathryn Komrumph Shirley & Michael Simons
3909 Cherry Creek 3524 Paramount Street 6601 Curtis Road
Howard, CO 81233 Fort Worth, TX 76116 Colleyville, TX 76034
Delma Philfiips E. W. Deaton Betty Jean Deaton
6208 Abbott Ave. 114 Quail Run Street 8200 Precinct Line Road
Fort Worth, TX 76180 Bedford, TX 76021 Colleyville, TX 76180
State of Texas E. Wayne Deaton Ruby Jo Love
P.O. Box 6868 8200 Precinct Line Road 712 W. Lavaca Trail
Fort Worth, TX 76115 Fort Worth, TX 76180 Colleyville, TX 76034
Charles R. Lewis Doyle J. Mcintosh Buddy & L. Shipman
P.O. Box 14439 8333 Thornhill Drive 1016 Lavaca Trail
Fort Worth, TX 76117 N. Richland Hills, TX 76180 Colleyville, TX 76034
Alvin Reed Eva Collins A. D. Electric Co., Inc.
1013 W. McDonwell School Rd. P.O. Box 206 8517 Davis Blvd.
ColleyviJIe, TX 76034 Saltillo, TX 75478 Fort Worth, TX 76180
Bobby Joe Pace LDDS Communications Inc. Titan Towers LP
P.O. Box 93 Attn: Property Txx Dept. P.O. Box 6972
Bedford, TX 76095 500 Clinton Center Drive Abilene, TX 79608
Clinton, MS 39056
Remington Park HOA Foxcreek Residential Dev. ZEM Properties, Inc.
Robert Y. Putnam, Pres. Mr. Larry Cole
6420 Remington Parkway 6420 Remington Parkway P.O. Box 1725
Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
UNUMB Enterprises Inc. Charles & Beverly Hallett City of North Richland Hills
2707 Derby Court 807 Glenn Drive 7301 N. E. Loop 820
Southlake, TX 76092 Euless, TX 76039 N. Richland Hills, TX 76180
Planning & Zoning Commission Minutes
June 11, 2001
PUBLIC HEARING - Zoning Change requested by Raman Chandler, from PUD-
C for institutional use to PUD-R Planned Unit Development-Residential & CC2
Shopping Center on 43.891 acres located at the south side of McDonwell School
Road and the east side of Precinct Line Road. Case Z-01-014 - Westgate
Clayton Husband presented the case to the Commission and discussed the staff briefing.
The Commissioners asked questions about the percentage of commercial land left in the City. Mr
Husband responded that this project would remove approximately 15%. The Commissioners discussed
large homes requiring less yard maintenance and the letter regarding the site plan not being a preliminary
plat, but conceptual in nature.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Raman Chandler, applicant, discussed the location of the site and the uniqueness and difficulties
associated with developing the property. He made comparisons to the Villas at Caldwell's Creek and how
the development is designed for empty nesters and as a transition from the residential development to the
east to the commercial to the west. He told the Commissioners about the design plans for the residential
development.
Mr. Chandler discussed the future taxable value of the commercial property and the positive impact the
residential development will have on the future commercial development. He gave the history of the
property and told the Commissioners that he met with the homeowners in Remington Park and they have
mutually agreed on the future development. He said that based on the appropriate use of the property,
he had the full support of Remington Park.
The Commissioners discussed the potential commercial use of the property and if the efforts would be
premature since commercial development along Precinct Line Road could be several years away. They
discussed the cabinet shop that is in business. Mr. Chandler said that they indicated that their business
was successful and they did not want to sell their property at this time.
Mr. Chandler said that the proposed golf center with a driving range would be used during an interim
holding period. He said that it would have a par three nine-hole practice course and a pro-shop. He said
that when the market is right he will develop the property for commercial use. Mr. Chandler said that the
sales taxable revenue would meet or exceed Albertsons or Krogers.
The Commissioners asked about lighting the driving range and Mr. Chandler said that he would meet the
code requirements by using hooded lights. There was discussion about the layout of the golf course.
Discussion ensued about the potential purChase of the Deaton's property. The developer discussed the
demand for a business like the one he is proposing in the area. He said that during the summer, the
business will be open until 10:00 p.m. and the practice course will be open during daylight hours. Mr.
Chandler said that he would employ approximately five full time employees and three part time
employees.
The Commissioners and Mr. Chandler discussed the business design. Mr. Chandler said that there
would be a link style course with rolling terrain similar to St. Andrews being a park in the center of town.
He said there would be an income stream until the commercial property develops and he did not want to
be locked into a PUD. There was discussion about right-of-way on McDonwell School Road; entrance
design for the gated residential portion; topography; and drainage.
-# -
Robert Putman, Remington Park Homeowners Association President, said that they met five times with
the developer and agreed on the design concept and referenced the letter from the Association that they
want attached to the approving ordinance.
Steve Martin, 813 W. Lavaca Trail, spoke about the inappropriate size of the lots. He said that 50' x 120'
is approximately the size of the City Hall building. Mr. Martin said that Lavaca trail has 5-acre tracts and
the homeowners on Lavaca Trail should enjoy the same rights and benefits as Remington Park residents.
He said that this may be good for Haltom City but not for Colleyville. He said that he was not in favor of
the zoning change.
Mark Henderson, 302 Oak Lawn, spoke in favor of the change. He said that the residential provided a
buffer and there is a need for the golf range. He said that it would add value until Precinct Line is ready
for commercial development.
Richard Newton, 6107 Lansford Lane, spoke about the Master Plan and how the City should take care to
follow the Master Plan. He said that there are six or seven components of the Master Plan that are being
violated by this development and there is no reason stated by the developer why it could not be followed.
He raised the issue the ability to control the future development of the property and the possibility of
including deed restrictions and the developer agreement into the approving ordinance. He said that the
plan is conceptual in nature and is not a preliminary plan and how it could allow for a lot of changes.
Andrew Mintag, 901 Lavaca Trail, commended the Commissioners for their watchful development of the
community. He asked them to not only think about tax dollars today, but to also consider the value in the
quality of life and how they should be living twenty years in the future. He asked the Commissioners to
consider what they want the town to look like in the future.
Marty Gore, 809 Lavaca Trail, spoke in opposition. He said that the plan is turning a nice quiet
community to a high density city. He said that Remington Park was designed as a nice offset to the five-
acre lots on Lavaca and now smaller lots are proposed to increase the economic conditions for the
developer. He said that this would be lowering the high standards from 1.8 du to 3. He said that the
design of the golf course did not make sense with 1/3 of the holes on one side of the course and the
development will take away the aesthetic beauty of the area.
Jeff Zimmerman, 712 Lavaca Trail said that he had concerns about the shrinkage of lot sizes and the high
density. He said that he had concerns about the developer only using the commercial property for five
years as a golf center and then tearing down the structures.
Mike Deaton, 114 Quail Run said that their business has been flooded out five times on Precinct Line
Road. He said that the future development would put a lot of water on Lavaca Trail residents and the
drainage concerns need to be addressed.
Linda Baker, 404 McDonwell School Road, said that the developer has proposed the same plan as
before, but with some minor tweaking. She said that she is opposed to small lots for empty nesters,
because this is not an empty nester area of town as it is very rural. She said that the Master Plan should
be followed and create business on both sides of the thoroughfare. She said that if the residential area of
Westgate is developed, the future residents will want a buffer from the potential commercial area and if
the trend continues, there will not be any commercial area left. Ms. Baker said that Clairmont was forced
to put in a turn lane on McDonwell School Road because the road is dangerous and this development
should put one in. She told the Commissioners not to be deceived and give up control of the commercial
development and thoroughfare plan.
There being no one else present wishing to speak, the public hearing was closed.
-... -.
Discussion ensued about platting procedures; right-of-way; North Tarrant Parkway; future down zoning of
the area; deed restrictions and the possibility of stating the conditions of the CC-2 zoning in them; CC-2
uses; the inability to control future development of the property; and fencing.
Raman Chandler responded that he could provide a provision in the deed restrictions regarding the future
use of the commercial property. He discussed the difficulties of developing the property: cost of land,
demolition of the existing buildings cost; the transition area; and the demand for product
Commissioner Gasper discussed the concept of empty nester dwellings and the relationship of number of
people per square foot versus the number of dwellings per square foot
Commissioner Edwards asked Fire Chief Johnston to comment about the development and the small lots
Chief Johnston responded that the closer the houses are together the more danger there is of fire going
from one to another. He asked the Commissioners to specify that the roofs need to be constructed of a
non-combustible material.
The Commission discussed adding standards for roofs to the ordinance and possibly requiring in home
sprinkler systems. Mr. Chandler said that sprinkler systems cause potential interior water damage. He
said that he would require a 10' side setback on the lots in the center section. They discussed lot
coverage and how the lots that abut Remington Park will be one story.
Commissioner Gasper moved to recommend approval of Z-01-014 with a maximum lot coverage of
60%; requiring a 6' tall masonry fence along the east and west portion of the PUD-R; and adding
the condition that the roofs be constructed of non-combustible material. Commissioner Wall
seconded the motion.
Commissioner Wall said that Mr. Chandler had told the Commission that the fence would be 8' tall along
the west side of the development
Commissioner Gasper said that she wants the same material on the east and west sides and her intent
was to assure that they should be the same quality and same type of product
Commissioner Edwards said that she does not agree with the density.
Commissioner Gasper said that she is sensitive to the aging population.
Commissioner Hill reminded the Commission that this is the same application as they denied by a six to
zero vote on the previous PUD-R and a six to one vote on the CC-2 portion. He said that there is a
density problem with the Villas and the open-ended use in CC-2. He said that the zoning change is
requested as a packaged deal and they cannot vote on them individually.
Commissioner Edwards said that she agreed with Commissioner Hill and has a problem with the density.
Chairman Hart called for the vote. The vote being:
Ayes: Gasper, Wall
Noes: Edwards, Hollis, Hill, Hart
Commissioner Hart moved to recommend denial of Case # Z-01-014. Commissioner Hollis
seconded the motion. The vote being:
Ayes: Edwards, Hollis, Hill, Hart
Noes: Gasper, Wall
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ORDINANCE 0-00-1286
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 43.891 ACRES OUT OF THE
R. N. McEWING SURVEY, A-1154, FROM THE PUD-C PLANNED UNIT
DEVELOPMENT -COMMERCIAL DISTRICT TO THE PUD-R PLANNED UNIT
DEVELOPMENT-RESIDENTIAL AND THE CC2 SHOPPING CENTER
COMMERCIAL DISTRICTS; PROVIDING FOR A PENALTY FOR VIOLATIONS
AND AUTHORIZING PUBLICATION.
WHEREAS, an application for a zoning change was filed by Raman Chandler on
May 18, 2001, under Case No. Z-01-014; 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 public hearing and
made recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning
amendment is in the best interests of the City of Colleyville;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the Zoning Map attached as Exhibit A, and described by
metes and bounds, as contained on attached Exhibit B, by changing
the zoning of said property from the PUD-C district (for private school
use) to the PUD-R district (Planned Unit Development-Residential)
and the CC2 Shopping Center Commercial districts and including
any other conditions and restrictions imposed and approved by the
City Council, which are incorporated herein.
Sec. 2
THAT this PUD-R shall be subject to the following conditions:
1. GENERAL
a. The purpose of this PUD-R is for single-family residential
development, constructed at an approximate density of 3.56
dwelling units per acre.
Ordinance 0-01-1286
Page 2 of 5
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended
by this Ordinance.
2. CONCEPTUAL PLAN AND PLATTING
a. The subdivision shall be generally consistent with the
conceptual site plan attached as Exhibit B, which shall be not
considered the preliminary plat. The actual street and lot
arrangement may differ from that shown on Exhibit B 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
zoning exhibit, 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. Front Building Line cul-de-sac
g. Side Building Line
h. Rear Building Line adj. to greenbelt
I. Rear Building Line interior lots
J. Maximum Lot Coverage
6,490 square feet
6,753 square feet
59 feet
11 0 feet
15 feet
15 feet
5 feet
5 feet
1 0 feet
50%
5. OPEN SPACE
a. This development shall provide a minimum of 20% common
open space, as shown on Exhibit B, 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.
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Ordinance 0-01-1286
Page 3 of 5
b. A thirty (30) foot wide greenbelt shall be provided along the
common property line with the Remington Park Addition.
c. Open space may be utilized for storm water detention.
d. The medians shall be included in the calculations for open
space.
6. SCREENING
a. An eight (8) foot tall masonry fence shall be constructed along
the east boundary line of this PUD-R, adjacent to the Remington
Park Addition. An eight (8) foot tall masonry fence shall be
constructed along the west boundary line of this PUD-R,
adjacent to the commercially zoned area. The masonry fence
shall be equal in quality and appearance to the Superior Stone
fence, as shown in the Superior Concrete Products brochure,
attached as Exhibit 0 - Specifications for Screening Wall.
7. SIDEWALKS
a. The developer shall construct sidewalks along McDonwell
School Road at the same time as other public improvements are
constructed in the subdivision.
b. Sidewalks along lot frontages shall be constructed by each
homebuilder. All sidewalks shall be constructed in accordance
with the requirements of the Colleyville Land Development
Code.
8. PRIVATE STREETS
a. This development may be developed as a gated community
with private streets in accordance with Chapter 10 of the
Colleyville Land Development Code.
9. OTHER
a. Houses constructed on Lots 20 thru 31, as shown on the
zoning exhibit, shall be restricted to single-story structures.
Ordinance 0-01-1286
Page 4 of 5
b. The minimum square footage for all houses constructed in this
subdivision shall be two thousand two hundred (2,200) square
feet. However, the minimum square footage for the houses
constructed on Lots 19 thru 24, shall be two thousand four
hundred (2,400) square feet.
Sec. 3.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with any zoning regulation
contained in the Land Development Code of the City of Colleyville
shall be guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Two Thousand Dollars ($2,000.00).
Each and every day such violation continues shall constitute a
separate offense and shall be punishable as such.
Sec. 4
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,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 1. Foster
City Attorney
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Exhibit A - Zoning Map
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Exhibit B - Metes and Bounds Description
BEING a 43.891 acre tract of land in the RH. McEwing Survey, Abstract
NO.1154 situated in the City of Colleyville, Tarrant County, Texas and being that
tract conveyed to Howard G. Collins by deed recorded in Volume 6705, Page
947 of the Deed Records of Tarrant County, Texas (DRTCT), that tract conveyed
to Howard G. Collins by deed recorded in Volume 6705, Page 950 DRTCT, that
tract conveyed to Howard G. Collins by deed recorded in Volume 7225, Page
348 DRTCT, that tract conveyed to H. Collins by deed recorded in Volume 6478,
Page 440 DRTCT, that tract conveyed to E.M. Collins by deed recorded in
Volume 6968, Page 1501 DRTCT, Reed Subdivision, an addition to the City or
Colleyville. Tarrant County, Texas, as recorded in Volume 388-145, Page 68 of
the Plat Records of Tarrant County, Texas (PRTCT), that tract conveyed to AD
Electric Company, Inc. by deed recorded in Volume 6313, Page 611 DRTCT,
that tract conveyed to Bobby Joe Pace by deed recorded in Volume 10257, Page
1779 DRTCT, that tract conveyed to Howard G. Collins by deed recorded in
Volume 5318, Page 440 DRTCT and that tract conveyed to H.G. Collins by deed
recorded in Volume 5479, Page 496 DRTCT and being more particularly
described as follows:
BEGINNING at a point in the approximate center of McDonwell School Road
(County Road No. 3105), said point being by deed call 388.6 feet east of the
northwest corner of said McEwing Survey;
THENCE South 89 degrees 48 minutes 25 seconds East along the approximate
center of said McDonwell School Road, a distance of 555.53 feet to a point also
being the original northwest corner of Reed Subdivision, an addition to the City
Colleyville, Tarrant County, Texas as recorded in Volume 388-145, Page 68 of
the Plat Records of Tarrant County, Texas (PRTCT);
THENCE South 89 degrees 42 minutes 11 seconds East along the approximate
center of McDonwell School Road a distance of 1395.21 feet to a point also
being the northeast corner of said H.G. Collins tract as recorded in Volume 5479,
Page 496 DRTCT;
THENCE South 00 degrees 36 minutes 38 seconds East along the east line of
said H.G. Collins tract and the west line of a tract conveyed to Foxcreek
Residential Development, Ltd. by deed recorded in Volume 12575, Page 30
DRTCT, a distance of 938.24 feet to a point also being on the north line of a tract
conveyed to Charles R Lewis deed recorded in Volume 4487, Page 741 DRTCT;
THENCE North 89 degrees 54 minutes 31 seconds West along the south line of
said H.G. Collins tract as recorded in Volume 5479, Page 496 DRTCT and the
north line of said Lewis tract and the north line of a tract conveyed to Charles R
Lewis by deed recorded in Volume 4552, Page 839 DRTCT, a distance of 412.31
feet to a point also being a re-entrant corner of said Lewis tract as recorded in
-~ -
Volume 4552, Page 839 DRTCT, and on the east line of said Howard G. Collins
tract, as recorded in Volume 5318, Page 440 DRTCT;
THENCE South 00 degrees 36 minutes 18 seconds East along the east line of
said Howard G. Collins tract as recorded in Volume 5318, Page 440 DRTCT, a
distance of 35.08 feet to a point also being on the north line of said Lewis tract as
recorded in Volume 4452, Page 839 DRTCT;
THENCE South 89 degrees 25 minutes 45 seconds West along the south line of
said Howard G. Collins tract as recorded in Volume 5318, Page 440 DRTCT and
the north line of said Lewis tract as recorded in Volume 4552, Page 839 DRTCT
a distance of 240.14 feet to a point also being the northeast corner of a tract
conveyed to Doyle Mcintosh by deed recorded in Volume 6742, Page 340
DRTCT;
THENCE North 89 degrees 51 minutes 23 seconds West along the south line of
said Howard G. Collins tract as recorded in Volume 5318, Page 440 DRTCT and
the north line of said Mcintosh tract, a distance of 25.99 feet also being the
southeast comer of a tract conveyed to Titan Towers L. P. by deed recorded in
Volume 13410 Page 307 DRTCT;
THENCE North 00 degrees 06 minutes 30 seconds East along the west line of
said Howard G. Collins tract as recorded in Volume 5318, Page 440 DRTCT and
the east line of said Titan Towers tract, a distance of 150.00 feet;
THENCE North 89 degrees 51 minutes 23 seconds West along the south line of
said Howard G. Collins tract as recorded in Volume 5318, Page 440 DRTCT and
the north line of said Titan Towers tract, a distance of 100.00 feet also being on
the east line of said Pace tract;
THENCE South 00 degrees 06 minutes 30 seconds West along the west line of
said Titan Towers tract and the east line of said Pace tract, a distance of 150.00
also being in the north line of said Mcintosh tract;
THENCE North 89 degrees 51 minutes 23 seconds West along the south line of
said Pace tract and the south line of said A.D. Electric Inc. tract and the south
line of said Reed Subdivision and the south line of said E.M. Collins tract as
recorded in Volume 6968, Page 1501 DRTCT and the south line of said Howard
G. Collins tract as recorded in Volume 7225, Page 348 DRTCT and the north line
of said Mcintosh tract and the north line of a tract conveyed to Buddy Shipman
by deed recorded in Volume 11885, Page 1661 DRTCT a distance of 1335.98
feet to a point also being on the east right-of-way line of Precinct Line Road (FM
3029), said pOint also being the point of curvature of a non-tangent circular curve
to the left having a radius of 5789.58 feet and a central angle of 03 degrees 10
minutes 29 seconds and being subtended by a chord which bears North 02
degrees 30 minutes 22 seconds West 320.75 feet;
THENCE northerly along said curve to the left and east right-of-way line a
distance of 320.79 feet to a point also being on the south line of a tract conveyed
to E Wayne Deaton by deed recorded in Volume 67247 Page 2195 DRTCT;
THENCE South 89 degrees 51 minutes 23 seconds East departing the said east
right-of-way line and along the south line of said Deaton tract, a distance of
176.84 feet to a point also being on the west line of said E.M. Collins tract as
recorded in Volume 6968, Page 1501 DRTCT;
THNCE North 01 degrees 05 minutes 46 seconds West along the east line of
said Deaton tract and the west line of said EM. Collins tract as recorded in
Volume 6968, Page 1501 DRTCT, a distance of 119.08 feet to a point also being
on the south line of a tract conveyed to Bettye Jean Deaton by deed recorded in
Volume 6254, Page 521 DRTCT;
THENCE South 89 degrees 48 minutes 25 seconds E along the south line of said
Bettye Jean Deaton tract a distance of 7.00 feet to a point also being on the west
line of said Howard G. Collins tract as recorded in Volume 6705, Page 947
DRTCT;
THENCE North 01 degrees 32 minutes 45 seconds West along the west line of
said Howard G. Collins tract as recorded in Volume 6705, Page 947 DRTCT and
the east line of said Bettye Jean Deaton tract, the east line of a tract conveyed to
Bettye Jean Deaton by deed recorded in Volume 64857 Page 148 DRTCT, the
east line of a tract conveyed to E W. Deaton by deed recorded in Volume 7243,
Page 2180 DRTCT and the east line of a tract conveyed to Delma Phillips by
deed recorded in Volume 4098, Page 235 DRTCT, a distance of 527.13 feet to
the Point of Beginning and containing 43.891 acres of land, more or less.
-# --
Exhibit C - Zoning Exhibit
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-# ",
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CITY COUNCIL ~ AGENDA BRIEFING
For mtg. : 07/02/01 CMO Approval:
Item # :
8
Ordinance # :
0-01-1287
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Zoning Change requested by Bob Combs, from
AG Agricultural and R20 Single Family Residential
to R30 Single Family Residential on 2.2 acres
located on the west side of the road at 6108
Hunter Lane, Case Z-01-013
First Reading and Public Hearing
Backqround
Bob Combs has applied for a zoning district change on a 2.2-acre parcel of land
located near the northern end of Hunter Lane, on the west side of the street. The
applicant proposes a zoning change from AG Agricultural and R20 Single Family
Residential to R30 Single Family Residential to allow for the platting of a new lot,
which will provide a building site for another single family residence.
The following is an analysis of the possible impacts associated with this rezoning
request:
.,
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.
lJ~~uJ~.
CITY MANAGER
~~
DE RT NT HEAD
( continued)
FINANCIAL REVIEW (IF NECESSARY)
-- ~
Agenda Briefing
Ordinance 0-01-1287
Page 2
2. Surrounding Properties. There are single family homes built on nearly all of
the properties along Hunter Lane and on most of the properties in all other
directions. This area is a relatively rural area and a number of the existing
homes have farm related outbuildings. The property to the north is zoned R30.
Property to the east and west is zoned AG. The property to the south is zoned
R40.
3. Development Trends. The only development trend in this vicinity is for single
family residential development.
4. Infrastructure. Water and sewer service are available at the end of Hunter
Lane. However, the developer may have to provide for improvement of these
facilities when the property is platted.
5. Trail System Plan. This development will not impact the Colle wille Pathways
Plan adopted January 1999.
Staff mailed 17 notices to adjacent property owners regarding this request. No
correspondence has been received regarding this request.
The Planning and Zoning Commission considered this rezoning request at its June 11,
2001, meeting and recommended approval by a unanimous vote.
Recommendation
Approval
Attachments
· Location Map
· Zoning Exhibit
· List of Property Owners Notified
· Planning and Zoning Commission Minutes
· Proposed Ordinance 0-01-1287
"
Location Map
Z-01-013 - AG and R20 to R30
6108 Hunter Lane
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List of Property Owners Notified
-
Ullin & Patricia Davis
6316 Pleasant Run Road
Colleyville, TX 76034
c. L. & Ruth Ann Madden III
6112 Hunter Lane
Colleyville, TX 76034
o. Leroy Chism
600 Shelton Drive
Colleyville. TX 76034
Fred & Mary Rice Trust
6103 Hunter Lane
Colleyville. TX 76034
Rodney & Jackie Banks
6100 Hunter Lane
Colleyville. TX 76034
Nadine Wilmut
6101 Hunter Lane
Colleyvllle, TX 76034
Kevin & Margaret Love
6000 Hunter Lane
Colleyville, TX 76034
Sandy Calloway
6001 Hunter Lane
Colleyvi'Ie, TX 76034
James Pine
5918 Hunter Lane
COlleyville, TX 76034
Cecil & Rebecca Allen
307 Main Road, #A
Ruidoso. NM 88345
Case Z-01-014
According to the last published Tax Records dated 09-01-00, Individuals who own property that
is within the 200' of the proposed special use permlt/and-orlzoning change request are listed
above. I certify that the parties 'IIted above have been notified of the proposed apecla'
a. permitland-or/zonlng change requ..t .. ntqulrecl by Section 211 the Local
Government Code, (Notices dated: May 31, 2001)
Jan lfNyr
Planning & Zoning Assistant
Planning & Zoning Commission Minutes
June 11, 2001
PUBLIC HEARING - Zoning Change requested by Bob Combs, from AG
Agricultural and R20 Single Family Residential to R30 Single Family
Residential on 2.2 acres located on the west side of the road at 6108
Hunter Lane. Case Z-01-013
Clayton Husband presented the case to the Commission and discussed the staff
briefing.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Bob Combs, applicant, 6108 Hunter Lane said that he wants to build on the north side
of his existing house. He did say that he would continue to reside at the existing
residence. There being no one else present wishing to speak, the public hearing was
closed.
Commissioner Gasper moved to recommend approval of the zoning change
from AG and R20 to R3Q, Commissioner Hill seconded the motion, The vote
being:
Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart
Noes: None
--- -
ORDINANCE 0-01-1287
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 2.2 ACRE TRACT OF LAND OUT
OF THE JOSEPH WHITE SURVEY, ABSTRACT 1692, FROM THE AG
AGRICULTURAL AND THE R20 SINGLE FAMILY RESIDENTIAL DISTRICT
TO THE R30 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING FOR A
PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION:
WHEREAS, an application for a zoning district change was filed by Bob Combs
on May 18, 2001, under Case Number Z-01-013; 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.
Sec. 3.
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 Zoning Map attached as Exhibit A, and described by
metes and bounds, as shown on attached Exhibit B, by changing the
zoning of said property from the AG Agricultural district the R30
Single Family Residential District to the R30 Single Family
Residential district.
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.
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.
Ordinance 0-01-1287
Page 2 of 2
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 - Zoning Map
A
R40
Exhibit B - Metes and Bounds Description
All that certain lot, tract or parcel of land situated in the Joseph White Survey,
Abstract No. 1692, Tarrant County, Texas, and being those same tracts of land
described in deeds to Bob (Bobby) Joe Combs and wife, Christina E. Combs, as
recorded in Volume 7558, Page 25 and Volume 7962, Page 1932, Deed
Records, Tarrant County, Texas, and being more particularly described by metes
and bounds as follows:
BEGINNING at the southeast corner of said Combs tract (7558/25), said point
being in the westerly right-of-way line of Hunter Lane;
THENCE West with the southerly boundary of said Combs tract (7558/25) a
distance of 236.5 feet to the southwest corner of same;
THENCE North a distance of 358.9 feet to the northwest corner of said Combs
tract (7962/1932);
THENCE North 88 degrees 35 minutes East with the northerly boundary line of
said Combs tract (7962/1932) a distance of 237.93 feet to in northeast corner of
same, said being in said right-of-way line;
THENCE South with said right-of-way line a distance of 363.2 feet to the PLACE
OF BEGINNING and containing 2.2 acres of land, more or less.
-' -
CD~~
CITY COUNCIL ~ AGENDA BRIEFING
For mtg, : 07/02/01 CMO Approval:
Item # :
9 i
I
Ordinance # :
0-01-1288
Previous Action: none
DEPT, :
COMMUNITY DEVELOPMENT
SUBJECT:
Approval of an amendment to Chapter 18 of the
Colleyville Code of Ordinances regarding adoption
of the 1999 National Electrical Code with the local
amendments recommended by the Regional
Codes Committee of the North Central Texas
Council of Governments, Case G-01-011
First Reading and Public Hearing
Every three years, the National Fire Protection Association publishes an up-dated
edition of the National Electrical Code (NEC), which serves as the standardized code
that most communities adopt for regulating electrical wiring installations within the city
limits. Currently, the city is operating under the 1993 NEC and staff recommends
adoption of the 1999 NEC edition.
( continued)
xa~ 77?~~
CITY MANAGE
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1288
Page 2
In addition to the adoption of the 1999 National Electric Code, staff has been working
with the Regional Codes Committee of the North Central Texas Council of Governments
in the development of certain local amendments to the NEC to make the electrical code
consistent throughout the DFW-Metroplex (see attached copy of "Recommended
Amendments to the 1999 NEC"). Staff is recommending the adoption of the regional
amendments so that Colleyville electrical installations are regulated by the same codes
and amendments as the other communities in the region. Staff contacted a number of
the surrounding cities and found that many of them are also in the process of updating
their electrical ordinances. The City of Irving has already adopted the 1999 NEC with
the regional amendments and the cities of Fort Worth and Euless are reviewing draft
ordinances.
Staff has already notified all the master electricians registered with the City' of our
interest in adopting the 1999 NEC. No negative comments have been received since
most of the active electricians are generally utilizing the most current edition of the
electric code for their day-to-day work and are familiar with the current industry
standards.
Recommendation
Approval
Attachments
· Attachment 1- Regional Amendments to the 1999 NEC
· Ordinance 0-01-1288
- -.
Recommended Amendments to the
1999 National Electrical Code
.,"-f!Mo~....Ift. . ~W1 '~.-/'Wu. ~ ~T 1I.r--=- .~U.H ,~.,.... "'1-'. ~IU!ll-It't'~ ......... JYIIIL ~1"'L'lC'~.. ~tL .1!rl.1t:e
REGIONAL AMENDMENTS*
-s.cfion 230-2(.) add. abcth SpecIIII CondIIIon,
230-2. Number of ServIcft. A building or other structure served shall be supplied by only one
service unless permitted in (a) through (d). For the purpose...{text unchanged}...sbal1 be considered
to be supplying one service.
(a). Special Conditions, Additional services shall be pennitted to supply
(I) Fire Pumps
.
(6) In SUDDlviIu!: electrical service to mllltifinnilv dwellin~ two or more laterals or overhead service
droDS shall be oermitted to a buildin~ when both of the followiJul conditions are met:
8. The buildin2 has six or more individual cntI\g meters and all meters are lZrOuoed at the same
location.
b. Each lateral or overhead service cIroJ) orioinAtP.c: from the same point of service.
REASON FOR CHANGE: This is currently the accepted i~1aJinn practice of the region. No
noteworthy complaints have surf8ced. It is rnont reasonable than the current NEC requil8ments. It
&lows more than six disconnects grouped at one location, without having to divide the structure into
multiple buldings by using am sepsnIIion walls. This also allows designers more tlexlbIty in the
placement of electrical meters and main service disconnects.
_.:wD.C.lr ~~~ ~d'M'''SIII'~'''~
"'"SecfIon 230-71(.) add en ExceptIon.
230-71, MaxImum Number of DIsconnects,
(a) General. The service disconnecting meam for each service pennitted by Section 230-2, or for
each set of service-entrance conductors pennitted by Section 230-40, Exception Nos. t or 3, shall
consist of not more than six switches or six cirt:uit breakers mounted in a single enclosure, in a group
of separate enclosures, or in or on a switchboard. There shall be no more than six disconnects per
service grouped in any one location. For the purpose... {text uncbanged}...shall not be considered a
service disconnecting meaDS.
ExceDtion: Multi-occurxmt Bui1din~. Individual service disconnecti~ means is limited to six fo,.
each 0CCUIXI1II. The number of individual di.Jconnects at one location mav exceed six.
REASON FOR CHANGE: The same reasoning as for multt-famly dwellings in Section 230-2 here
being applied to mulll-occupant buldlngs.
*NOTE: Undcrlininll indicates new words and phrases to be added to the 1999 National Electrical
Code. 8tflkeee indicate existing words and phrases to be deleted.
"SecfIon 25lUSO add . fifth pal'llgr8ph.
~, Grounding Eh.ctIode SynIm, If available on the premises at each building or struct\D"e
served, each item <a) through (d), and any made electrodes...{tcxt uncbanged}...intenxmnect
electrodes that are part of the grounding electrode system.
Exception: In industrial ... {text unchanged}... conductor i3 exposed.
When: a metal UJ.1den!round water !riDe. as described in item. (at is not mesent a method of
m)1mdin~ as soecified in (b) tbrowzh (d) below shall be used.
(FPN): See Sections. . . {text unchanged} . .. qriaJlture buildings.
REASON FOR CHANGE: Sometimes metal underground water pipe is not available for use as a
grounding electrode system. Therefore, to provide a more positive approach for grounding
elec:tricaI premise systems for safety, a method as specified in (b), (c), or (d) shall be used. This wi
eliminate the need to depend solely on a driven rod or pipe 81 specIIied in Section 25~52.
"SectIon 2fSO.104(b} change to reed _ follows:
250-104. Bonding of PIpIng ~ and ExpoHd S1ructu1'll StHI,
'b) MetlI 0.. PIpIng, Each interior a8ewgFeuM portion of a metal gas piping system upstream
from the equipment shutoff valve sball be electrically continuous and bonded to the growlding
electrode system. The bonding i1Jl1lPel' sball be sized in accordance with Table 250-122 usil12 the
rating of the circuit that may enenzize the IZBS oiDirnz.
REASON FOR CHANGE: The revisions further clarify what portions of the gas piping system must
be bonded. WIthout a revision to this aec:tion (depending on bond sizing choIen), It was possible to
violate Section 250-52(a), which prohibits using a metal underground gas piping system as a
grounding eIec:trode. The sentence a1ded gives guidance to proper sizing to ensure the gas
system wiI be brought to the same potential as a grounding eIectrocIe system when an inspector
perceives a reasonable potSibiIity that the gas system may become energized.
--section 31o..11(lJ}(8} change to t8ad _ A:IIIowa:
310-1S. AmpacItIes for CondUC1Dls RJad 0 to 2000 VoftlI,
(b) Table8,
(S) 1201J4O.VoIt, 3-W11w, Slllg~ DMIHng ..... and r....... For dwelling units,
conductors, as listed in Table 310-15(bX6), sha1l be... {text uncbanged}...conductors. The grounded
conductor sball be permitted to be smaller than the ungrounded conductors, provided the
requirements of Sections 215-2, 220-22, and 230-42 are met. This Section shall not be used in
conjunction with Section 220-30.
REASON FOR CHANGE: To provide a more reasonable margin of safety for dweBing service and
feeder conductor allowable ampacitiel.
~ -
-...- ._-
..__. _ ......-__..___ ____...._....-_._ _.. ...r..,...._'. __ _..___,___........__~M....._
**Section 33&-6(aX1) add IItJ ExceptIon; SecIIon 33&-6(a) add a f8nth restricllon.
338-8. U... Not Permltl8d,
Ca) Types NM, NMe, and NMS, Types NM, NMC, and NMS cabJes shaU not be used in the
fel16wing;
(1) In any multifamily dwelling or other structure ex~ing three floors above grade
For the purpose of this article, the first floor of 8... {text unchanged} .,. vehicle parking, storage, or
similar use shall be ~
ExceDtion: An additional level shall be oermitted in muJtifamilv dwellin~ where the entire structu1'e
;''f protected thmUI!Mut bv an apfJ1'f1Ved QUtgmatic .wrinlder .vv.wem.
(2) As se1Vice-entrance cable.
{1t)) In lJull-.~idt.J1I;R1 mctBl fmme st& uc~.
REASON FOR CHAN<!E: To aIow 8 t88IDn8bIe VAfoIIIIlIioIl fer NM 'cable use in dwelIng
occupancies, while somewhat limiting the use d NM cable in occupancies \WHn it is more
vuI'6.bte to tJl11~ dam8ge 8I1CI wher8 U88 is "'1~1.at IimIt8d by the NEe and buIding CDdes.
This allows nonmetallic sheathed cable as 8 wiring method in four story single or multifamily
d....tyD provI:t8d u.y;n flty 8foII1"kIbd throughout the er1tie building. tt IIIIan ~I~nt to be
more cost eIYective In their designs of wiring methods.
..
ORDINANCE 0-01-1288
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 18,
ARTICLE III - ELECTRICAL CODE OF THE CODE OF ORDINANCES OF THE CITY OF
COLLEYVILLE, TEXAS TO ADOPT THE 1999 EDITION OF THE NATIONAL
ELECTRICAL CODE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS
RECOMMENDED BY THE REGIONAL CODES COMMITTEE OF THE NORTH CENTRAL
TEXAS COUNCIL OF GOVERNMENTS; PROVIDING FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION,
WHEREAS, the City Council of the City of Colleyville has determined that it is in the best
interest of the citizens of Colleyville, Texas to adopt the 1999 Edition of the
National Electrical Code; and,
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before such
hearing; and, '.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT Section 18-56 entitled "Definitions" of Chapter 18 of the Code c
Ordinances of the City of Colleyville, Texas, is hereby amended to read as
follows:
For the purpose of this article, certain terms, phrases, words, and their
derivatives shall be construed as set out in this section. Words used in the
singular include the plural and the plural includes the singular. Words used in
the masculine gender include the feminine, and the feminine includes the
masculine. Words used in the National Fire Protection Association Standard for
Electrical Practice have the meanings assigned them in that document if any.
Where terms, phrases, and words are not defined, they shall have their ordinary
acceptable meanings within the context with which they are used. Webster's
Third New International Dictionary of the English Language. Unabridged
copyright 1986, shall be considered as providing ordinarily accepted meanings.
Annual permit means a permit authorizing to perform electrical work on its own
premises for the calendar year in which the permit is issued to a firm or
corporation that has in its employ a mast~r electrician who qualifies the firm or
corporation as an electrical contractor.
Approved means approved by office of the chief electrical inspector or the
National Fire Protection Association or any equivalent or similar organization
whose approval is signified by a UL label or its equivalent.
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Ordinance 0-01-1288
Page 2 of 11
Authorized person means any individual, firm, or corporation who or which is
licensed under the provisions of this article to do the work as permitted under
the specific provisions of this article.
Board means Construction Board as described by this chapter.
Building official means the duly authorized representative of the City of
Colleyville responsible for supervision over all inspectors.
City means the territory within the corporate limits of the City of Colleyville,
Texas, or the legally constituted governing body thereof, its agents and its
officers.
City Council means the City Council of the City of Colleyville, Texas.
Conductor means a wire or cable suitable for carrying electric current or
potential.
Contractor's Board means the construction board of appeals of the City of
Colleyville, Texas.
Electrical construction means and includes all work and materials used in
installing, maintaining or extending a system of electrical wiring and all
appurtenances, apparatus or equipment used in connection therewith, inside of
or attached to any building structure, lot or premises. Conductors placed under
at least two inches of concrete beneath a building, or conductors within a
building in conduit or duct and enclosed by concrete or brick not less than two
inches thick, shall be considered outside the building.
Electrical contractor means any person engaged in the business of installing or
altering, by contract, electrical conductors or equipment. Such term shall include
any authorized person, whether actually doing electrical work or not, and any
authorized person who subcontracts to do such work, but it shall not include
bona fide employees employed by such contractor to do or supervise such work.
Electrical equipment means electrical conductors, fittings, devices, motors,
appliances, fixtures, signs and gaseous tubing.
Electrician means any person who is engaged in the trade or business of
electrical construction and who is qualified under the terms and provisions of this
article. Persons while engaged in the manufacture, fabrication, or assembly of
products where equipment is installed, incorporated, or otherwise attached or
use are specifically exempt from this article.
Exception means affirmative defense for all purposes.
Ordinance 0-01-1288
Page 3 of 11
Homeowner means any person who resides in his own property.
Inspector means any individual who has been authorized by the chief electrical
inspector to approve or disapprove electrical installations.
Journeyman electrician means any individual who possesses the necessary
qualifications, training, and technical knowledge to install, maintain, and extend
electrical conductors and equipment and is capable of doing the work in
accordance with plans and specifications furnished him or her and in compliance
with applicable laws.
Maintenance electrician means any individual who possesses the necessary
qualifications, training, and technical knowledge to repair, operate, and replace
electrical conductors and equipment in a specific building, buildings, or
premises.
Master electrician means any individual who possesses the necessary
qualifications, training, and technical knowledge to plan, layout and supervise
the installation, maintenance, and extension of electrical conductors and
equipment.
Person means individual, firm, corporation, partnership, and any other legal 0
business entity.
Registeredwhen used with the words "electrical contractor," "electrician'''' or the
like, means that the person has made application to the chief electrical inspector
and has provided proof that he is qualified to do the work stated in the
application, that he has paid the necessary registration fees to date, been issued
a certificate of registration, and that his name is carried in the records of the
chief electrical inspector as a person authorized to do electrical work for which
he is registered.
Residential electrician means any individual who possesses the necessary
qualifications to construct, repair, install, or maintain specific electrical
conductors and equipment under the specific classification of electrical work for
which the residential electrician is qualified.
Special approval means written consent of the department of inspections of the
City of Colleyville, Texas.
Temporary electrical installation means installation of electrical work that is
intended to be in place for a period of time not in excess of ninety (90) days.
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Ordinance 0-01-1288
Page 4 of 11
Sec. 2. THAT Section 18-59 entitled "National Electrical Code adopted; conflicting
provisions" of the Code of Ordinances of the City of Colleyville, Texas, is hereby
re-titled to read as follows:
Section 18-59. National Electrical Code adopted; conflicting provisions; local
amendments.
Sec. 3. THAT Section 18-59 entitled "National Electrical Code adopted; conflicting
provisions" of the Code of Ordinances of the City of Colleyville, Texas,
paragraph (a) is hereby amended to read as follows:
(a) Adopted. The National Electrical Code, 1999 edition, as recommended by
the National Fire Protection Association, one copy of which is on file in the office
of the City Secretary, is hereby adopted and incorporated by reference and
made a part of this article as the electrical code of the city, subject to and
including by reference such amendments, corrections, and additions as shall
appear in this article.
Sec. 4. THAT Section 18-59 entitled "National Electrical Code adopted; conflicting
provisions" of the Code of Ordinances of the City of Colleyville, Texas, is hereby
amended to add paragraph (c) to read as follows:
(c) Amendments. The National Electrical Code, 1999 edition, as recommended
by the National Fire Protection Association is hereby amended to include the
recommendations of the Regional Codes Committee of the North Central
Texas Council of Governments for electrical installations in the City of
Colleyville, Texas, which are as follows:
A. Section 230-2 Number of Services, paragraph (a), add a sixth Special
Condition to read as follows:
".
(6) In supplying electrical service to multifamily dwellings, two or more
laterals or overhead service drops shall be permitted to a building
when both of the following conditions are met:
a. The building has six or more individual gang meters and all meters
are grouped at the same location.
b. Each lateral or overhead service drop originates from the same
point of service.
B. Section 230-71 Maximum Number of Disconnects, paragraph (a), add an
Exception to read as follows:
Ordinance 0-01-1288
Page 5 of 11
Exception: Multiple-occupancy buildings. Individual servict,
disconnecting means is limited to six for each occupant. The number of
individual disconnects at on location may exceed six.
C. Section 250-50 Grounding Electrode System, add a fifth paragraph after
the Exception to read as follows:
Where a metal underground water pipe, as described in item (a), is not
present, a method of grounding as specified in (b) through (d) below shall
be used.
D. Section 250-104 Bonding of Piping Systems and Exposed Structural
Steel, paragraph (b), change to read as follows:
(b) Metal Gas Piping. Each interior portion of a metal gas piping system
upstream from the equipment shutoff valve shall be electrically
continuous and bonded to the grounding electrode system. The
bonding jumper shall be sized in accordance with Table 250-122
using the rating of the circuit that may energize the gas piping.
E. Section 310-15 Ampacities for Conductors Rated 0 to 2000 Volts,
paragraph (b) (6), change to read as follows:
(6) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders.
For dwelling units, conductors, as listed in Table 31 0-15(b)(6), shall
be permitted as 120/240 -volt, 3-wire, single-phase service-entrance
conductors, service lateral conductors, and feeder conductors that
serve as the main power feeder to a dwelling unit and are installed in
raceway or cable with or without an equipment grounding conductor.
For application of this section, the main power feeder shall be the
feeder(s) between the main disconnect and the lighting and appliance
branch-circuit panel board(s), and the feeder conductors to a dwelling
unit shall not be required to larger than their service-entrance
conductors. The grounded conductor shall be permitted to be
smaller, than the grounded conductors, provided the requirements of
Sections 215-2,220-22, and 230-42 are met. This section shall not be
used in conjunction with Section 220-30.
F. Section 336-5 Uses Not Permitted, paragraph (a)(1), add an Exception
and a tenth restriction to read as follow:
Exception: An additional level shall be permitted in multi-family dwellings
where the entire structure is protected throughout by an approved
automatic sprinkler system.
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Ordinance 0-01-1288
Page 6 of 11
(10) In non-residential metal frame structures.
Sec. 5. THAT Section 18-69 entitled "Anchorage for service drops" of Chapter 18 of the
Code of Ordinances of the City of Colleyville, Texas, is hereby amended and re-
titled to read as follows:
Section 18-69. Electric Service Provider rules and regulations.
The rules and regulations of the applicable electric service provider relating to
service and meter installations for the kind and character of service to be
provided are incorporated in this chapter and made a part thereof.
Sec. 6. THAT Section 18-74 entitled "Proof of insurance" of Chapter 18 of the Code of
Ordinances of the City of Colleyville, Texas, is hereby deleted and re-titled to
read as follows:
Section 18-74. Reserved
Sec. 7. THAT Section 18-127 entitled "Grades of licenses" of Chapter 18 of the Code
of Ordinances of the City of Colleyville, Texas, is hereby amended to read as
follows:
Section 18-127. Grades of licenses.
A person registered in one of the following electrical registration classifications
may perform the work of that classification.
~
(a) Electrical contractor
(b) Master electrician
(c) Journeyman electrician
(d) Maintenance electrician
(e) Residential wireman electrician
(f) A master electician's license shall entitle the holder to contract for and
engage in the business of electrical wiring of any nature, and to emply and
supervise journeyman electricians.
(g) A journeyman electrician's license shall entitle the holder thereof to perform
any type of electrical work under the supervision of a master electrician, or
to perform any type of sign work under the supervision of a master sign
electrician, but in no case shall a journeyman electrician contract for or
engage in the business of electrical work of any nature, nor perform electrical
work of any in any nature, except under the supervision of either a master
electrician or a master sign electrician.
(h) A residential wireman license shall entitle the holder thereof to perform only
electrical work for a one or two family dwelling under the supervision of a
master electrician, but in no case shall a residential wireman contract for or
Ordinance 0-01-1288
Page 7 of 11
engage in the business of electrical work of any nature, nor perform electricc-.
work of any in any nature, except under the supervision of either a master
electrician or a master sign electrician.
(i) A maintenance electrician license shall entitle the holder thereof to perform
the keeping in safe repair of any and all electrical installations, apparatus,
equipment and appliances and the keeping in safe repair of electrical
equipment within a building or in or on the premises where the maintenance
electrician is regularly employed on a permanent basis, for which an
electrical permit is not required under the terms and provisions of this
chapter.
Sec. 8. THAT Section 18-128 entitled "Reciprocal agreement" of Chapter 18 of the Code
of Ordinances of the City of Colleyville, Texas, is hereby amended to read as
follows:
Section 18-128. Reciprocal agreement.
An electrician holding a valid license or certificate of registration from another
city participating in the Southern Building Code Congress International's
Examination Program may apply for and receive a certificate of registration for
the same classification from the City of Colleyville without taking an examination
if he or she:
(a) Submits evidence satisfactory to the chief electrical inspector that his or her
license or certificate of registration was issued under conditions not less
restrictive than those required by the chief electrical inspector for issuance
of a certificate of registration and that an electrician holding a certificate of
registration issued by the City of Colleyville would be permitted to apply for
and receive a similar type of license or certificate in the city the applicant is
licensed or registered by without taking an examination, and
(b) Pays the required registration fee and complies with all other requirements
of this chapter.
Sec. 9 . THAT Chapter 18 of the Code of Ordinances of the City of Colleyville, Texas, is
hereby amended to insert a new Section 18-128.1 to read as follows:
Section 18-128.1. Contractor registration.
(a) It shall be unlawful for any person to offer to do electrical work in the city if
the person is not properly registered in compliance with this chapter.
(b) It shall be unlawful for any person to engage in the business of electrical
contractor without being registered in the city in compliance with this article.
To be eligible for registration, any applicant for an electrical certificate of
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Ordinance 0-01-1288
Page 8 of 11
registration of any grade shall pass an examination prescribed by the chief
electrical inspector.
(c) Applicants for a certificate of registration as electrical contractor shall file with
the chief electrical inspector an application setting forth the names of the
person or persons who are the owners of the business or who are the
officers of the firm. and the name and address of the persons who are
responsible for the business. No person shall be issued a certificate of
registration as electrical contractor who is not a qualified master electrician,
or who does not have continuously in his employ a qualified master
electrician who has active supervision over and is responsible for carrying
out the provisions of this article.
(d) The holder of an electrical contractor's certificate of registration may engage
in the business of and secure permits for the installation, addition, alteratiion,
servicing, replacing, removing, or repairing of any electrical conductors,
apparatus, appliances, devices and equipment. A person performing the
actual work of installation or alteration shall be under the direct supervision
of a master or journeyman electrician.
(e) An electrical contractor engaging in the installation, alteration, or repair of any
electrical equipment or conductors shall obtain a contractor's certificate of
registration before beginning the work.
(f) A registered electrical contractor shall correct any defect, error, or deficiency
in any work installed under the authority of any electrical permit issued to him
or her within ten (10) calendar days after written notification by the electrical
inspector or within a reasonable time the electrical inspector prescribes. The
electrical inspector may without further notice, stop routinely inspecting a
building or premises until corrections he or she requires have been made,
inspected, and approved.
Sec. 10. THAT Section 18-129 entitled "Licensing procedure and requirements" of
Chapter 18 of the Code of Ordinances of the City of Colleyville, Texas, is hereby
amended to read as follows:
Section 18-129. Licensing procedure and requirements.
(a) Examinations. An applicant for an electrical license or certificate of
registration who has successfully passed an examination in a category
offered by the Southern Building Code Congress International's Examination
Program and satisfies the minimum requirements of this article may be
issued an electrical license or certificate of registration.
Ordinance 0-01-1288
Page 9 of 11
(b) Failure to obtain license. Any applicant who passes an examination for an)'
grade of electrician's license and fails to obtain the license of that grade by
paying the fee as prescribed in this chapter within a period of two years shall
forfeit his right to obtain such license until he again qualifies himself by
passing another examination as required in this section.
(c) Requirements for master electrician license. Applicants for a master
electrician's license shall have had at least four years of experience as a
journeyman electrician or in lieu of such experience shall have graduated,
after majoring in electrical engineering, from an accredited college or
university, and shall have had at least one year of practical electrical
experience as defined by this article; or in lieu of either of the above
requirements, shall have had either two years of college credit while majoring
in electrical engineering in an accredited college or university or be a
graduate of a recognized electrical trade school, and shall have had at least
two years of practical experience. The electrical board shall be the sole
judge as to whether or not the trade school is recognized.
Any person holding an electrical contractor's certificate of registration shall
appoint or employ, or shall be, a qualified master electrician.
Any person who has been appointed or employed as a master electrician b)
a registered electrical contractor, shall register himself or herself with the
chief electrical inspector in writing on a form furnished by the electrical
inspectors office.
When an applicant has complied with the requirements of this chapter, the
chief electrical inspector may certify him or her as a master electrician to a
specific registered electrical contractor by placing his or her name on the
contractor's registration certificate and on the certificate issued to the
registered master electrician.
The master electrician shall perform the work or supervise and direct the
installation, alteration, repair, and maintenance of electrical conductors and
equipment authorized by permits issued under the authority of this chapter.
Whenever a master electrician shall leave or be discharged from the employ
of any person who is required by this chapter to appoint or employ a master
electrician, a notice in writing shall be given immediately by the master
electrician to the chief electrical inspectors office, The permit privileges of the
contractor shall without further order or action stand suspended until he or
she employs or appoints a qualified master electrician. No master electrician
shall use his or her certificate of registration in order to qualify more than one
electrical contractor's registration at any time.
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Ordinance 0-01-1288
Page 10 of 11
(d) Requirements for journeyman electrician license. Applicants for a
journeyman electrician's license shall have had at least four years of
experience in the installation of electrical equipment, as defined by this
article.
(e) Requirements for residential electrician license. Applicants for a residential
electrician's license shall have a minimum of two (2) years electrical working
experience, or the equivalent, and furnish the names and addresses of
former employers, period of time employed and in what capacity, with proof
of his or her experience furnished in a manner satisfactory to the chief
electrical inspector. A residential electrician's certificate of registration issued
by the chief electrical inspector entitles its holder to engage himself in the
employ of any person holding a certificate of registration to do the work for
which the residential electrician has been qualified.
(f) Requirements for maintenance electrician license. Applicants for a
maintenance electrician's license shall have a minimum of two (2) years
electrical working experience, or equivalent and furnish the names and
addresses of former employers, period of time employed, and in what
capacity with proof of his or her experience in a manner satisfactory to the
electrical inspector.
Sec. 11. THAT Section 18-150 entitled "Electrical Permit Fees" of Chapter 18 of the Code
of Ordinances of the City of Colleyville, Texas, is hereby amended to read as
follows:
(a) Reserved.
(b) If the office of the chief electrical inspector is not notified within 72 hours
(Sundays and legal holidays excepted) after a specific job is started in an
emergency situated, an investigation fee equal to the amount of the permit
shall be charged.
(c) The permit fees prescribed in this article shall include the cost of aI/ required
inspections. If the electrical inspector is required to make are-inspection,
the applicable re-inspection fee shall be charged to the electrical contractor
for the re-inspection and for each re-inspection required thereafter. Failure
to pay such charges as provided in this section may result in the forfeiture of
the rights of such contractor to obtain other permits or otherwise engage in
the instal/ation, repair, or maintenance of electrical conductors or equipment
until such charges are paid.
(d) All electrical permit fees shall be due when the permit is issued.
(e) An electrical permit may be cancelled by the applicant at any time within six
months of the date of its issuance. If no work has been done under such
permit, the chief electrical inspector, when requested in writing by the
applicant, shall refund 75 percent of the permit fee paid.
Ordinance 0-01-1288
Page 11 of 11
(f) If any electrical job is commenced without first obtaining a permit, a..
investigation fee equal to the amount of the permit shall be charged.
Sec. 12. THAT Section 18 of the Code of Ordinances of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this ordinance.
Sec. 13. THAT any person, firm, or corporation violating any of the provisions of this
ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be
fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every
day such violation continues shall constitute a separate offense and shall be
punishable as such.
Sec. 14. THAT the City Secretary is hereby authorized and directed to cause publication
of the descriptive caption and penalty clause hereof as an alternative method of
publication provided by law.
AND IT IS SO ORDERED,
The first reading and public hearing being conducted on the
2001.
day of
The second reading and public hearing being conducted on the
,2001.
day 0
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
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CITY COUNCIL rm< AGENDA BRIEFING
For mtg, : 07/02101 CMO Approval:
Item # :
10
Ordinance # :
0-01-1289
Previous Action: None
DEPT, :
ENGINEERING
SUBJECT:
Approval of a City-Developer Agreement with
Riverwalk Development, L.L.C., for The Bridges of
Riverwalk Addition
First Reading and Public Hearing
Backaround
The plat of The Bridges of Riverwalk Addition was filed with Tarrant County on May 11,
2001. Zoning for The Bridges of Riverwalk Addition was granted by Ordinance 0-99-
1192 and public improvements associated with this development are currently
underway.
Staff has reviewed the subject agreement with Riverwalk Development I, L.L.C., and
finds it to be consistent with developmental policies and ordinances. All items in this
agreement are standard with the following exceptions. Item 5 states that the City
agrees to pay the Developer the sum of $3,500.36 for fifty percent (50%) of the total
cost to oversizing waterlines along Riverwalk Drive. Also, item 8 states that the City
agrees to reimburse Riverwalk Development, L.L.C., the amount of $65,000.00 for
additional cost related to providing additional storm water detention capacity per
Resolution R-00-1703, which was approved by Council on September 5,2000.
{/~'m~
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DEPA MENT HE D
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(continued)
Agenda Briefing
Ordinance 0-01-1289
Page 2
Financial Impact
Funding for the oversizing of the waterlines is available out of the water impact fees.
Funding for the additional storm water detention is available in the 1995 Utility Drainage
Bond Funds per Resolution R-00-1703.
Recommendation
Approval of Ordinance 0-01-1289
Attachments
. Ordinance 0-99-1192 (paper copy only)
. Resolution R-00-1703 (paper copy only)
. Site location map (paper copy only)
. City-Developer Agreement
. Ordinance 0-01-1289
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ORDINANCE 0-99-1192
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF COLLEYVlllE, TEXAS. BY AMENDING THE OFFICIAL ZONING
MAP AND CHANGING THE ZONING OF APPROXIMATELY 11.958
ACRES,OUT OF THE J.M, LOONEY SURVEY, A-936, FROM THE PUD-
R DISTRICT (NURSING HOME/ASSISTED LIVING CENTER USE) TO
THE PUD-R DISTRICT (SINGLE FAMilY RESIDENTIAL USE);
PROVIDING FOR A PENAL TV FOR VIOLATIONS AND AUTHORIZING
PUBLICATION:
WHEREAS, an application for a zoning change was filed by David
Hannah, Riverwalk Development L.L.C., on October 14,
1999, under Case No. Z-99-074; and
WHEREAS, notice of a hearing before the Planning and Zoning
Commission was sent to real property owners within 200 feet
of the property herein described at le.ast 10 days before such
hearing; and
WHEREAS. notice of a public hearing before the City Council was
published in a newspaper of general circulation in Colleyville
at least 15 days before such hearing; and
WHEREAS, notices were posted on the subject land as provided by the
zoning ordinance; and
WHEREAS, public hearings to change the zoning and the Master Plan on
the property herein described were held before the Planning
and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a
recommendation; and,
'.
WHEREAS, the City Council is of the opinion that the zoning change
herein effectuated furthers the purpose of zoning as set forth
in the Zoning Ordinance and is in the best interest of the
citizens of the City of Colleyville;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COlLEYVILLE, TEXAS:
Sec. 1.
THAT, the Master Plan, the Zoning Ordinance of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are
hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described by metes and bounds (Exhibit B), by
changing the zoning of said property from the PUD-R (Nursing
Home/Assisted Living Center use) district to the PUD-R (Single
Ordinance 0-99-1192
Page 2 of 4
Family Residential use) district, together with all site plans which are
conceptual in nature, supporting documents, and other conditions
and restrictions imposed and approved by the Council which are
incorporated herein by reference including, but not limited to the
conceptual site plan (Exhibit C) and the statement of planning
objectives (Exhibit D); and subject to the following conditions:
1, GENERAL
a. The purpose of this PUD-R is for single-family residential
development, constructed at an approximate density of 3.01
dwelling units per acre, and office development comprising
1.53:t acres
b. This property is subject to all the regulations contained in the
Colleyville Zoning Ordinance, Subdivision Regulations and other
land development ordinances, except where amended by this
ordinance. '
2, PERMITTED USES
a. Single family residences, detached
b. Parks and open space
c. General office uses and uses allowed in the CN district
3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
a. Minimum Lot Size 6,001 square feet
b. Average Lot Size 6,479 square feet
c. Minimum Lot Width 56 feet
., d. Minimum Lot Depth
106 feet
e. Front Building Line 15 feet
f. Side Building Line 2 feet I 8 feet
g. Rear Building Line 10 feet
4, NON-RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
All non-residential lots shall conform to the minimum standards of the
CN Neighborhood Commercial zoning district.
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Ordinance 0-99-1192
Page 3 of 4
5. OPEN SPACE
a. This development shall provide a minimum of 24% common
open space for the leisure and recreational use of the
development's residents. The open space shall comply with the
provisions contained in the Zoning Ordinance. All open space
areas shall be landscaped.
b. The office development landscaping shall conform to the
landscaping requirements contained in the Zoning Ordinance.
6. SCREENING
a. A screening wall shall be required between the office and
residential areas. The screening wall shall be a minimum of
seven (7) feet in height, and shall be constructed of brick or
stone. The wall shall be constructed along the south property
line of the southern most residential lots.
b. A screening fence shall be constructed along the property's
frontage on Glade Road and Riverwalk Drive. The screening
fence shall be a minimum of six (6) feet in height, and shall be
constructed of a combination of brick, stone, and/or wrought
iron.
7, SECURITY GATE
a. A security gate may be constructed across the proposed street
in the subdivision. The fence shall be located near the south
property lines of the southern most residential lots. The gate
shall be constructed to allow vehicles to travel through the
gates. An Opticom system shall be installed on the gates.
8, SIDEWALKS AND TRAILS
a. Sidewalks on the interior street shall only be required on the
east side of the street. The sidewalk shall be at least five (5)
feet in width.
b. The developer shall construct the portion of the City trail system
adjacent to this property. The trail shall be constructed along
this property's frontage on Glade Road and Riverwalk Drive.
The trail shall be constructed according to City trail standards
and specifications.
Ordinance 0-99-1192
Page 4 of 4
9. PLArrlNG
a. The developer shall submit a final plat of the property in
accordance with Section 2 C of the Colleyville Subdivision
Regulations. The conceptual site plan attached as Exhibit C
to this ordinance shall constitute the preliminary plan.
Sec. 2.
THAT, any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Zoning Ordinance of the
City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00). Each and every day such violation
continues shall constitute a separate offense and shall be punishable
as such.
Sec. 3.
THAT, the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED,
D~~ :"'t:,ading and public hearing being conducted on the ']-i!J day of
( , 1999.
+
The second reading and public hearing being conducted on the 21..$-
day of D~ t,.J, tr, 1999. TABLED BY CDUNC I L AT SECOND READ I NG . APPROVED BY
COUNCIL ON 1/18/00.
'.
tl~
CITY OF COLLEYVILLE:
k~~
Mayor
Je Harris, CMC
City Secretary
q-:;i! FORM AND LEGALITY:
Ross T. Foster
City Attorney
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Legal description
All that certain tract or parcel of land situated in the I. M. Looney Survey, Abstract
No, 936 and being described in the deed to Donald D. Huffmaster and wife, Janet L,
Huffmaster as recorded in volume 6911, page 1894 of the Deed Records, TaITaIrt
County, Texas and being more particularly described by metes and boWlds as
follows;
Beginning at nail found in asphalt for the southwest comer of said Huffmaster tract
and being by deed call west at 829 feet from the southeast comer of said J.M,
Looney Survey;
Thence North 00 degrees 00 minutes 46 seconds West with the westerly boundary
line of said Huffmaster tract, passing a 1/2 inch steel rod found at 17,20 feet
for the southeast comer of the tract described in the deed to Herman J. Smith
as recorded in Volume 8189, Page 1114 of the Deed Records, Tammt
County, Texas and being in the right of way line of Glade Road (County
Road 3036);
Thence North 00 degrees 00 minutes 46 seconds West a distance of 1334,13 feet to a
3/4 inch steel rod found at the northwest comer of said Herman J. Smith tract;
Thence South 89 degrees 29 minutes 02 seconds East with the northerly boundary
line of said Huffmaster tract and generally along a fence line, 389.97 feet to a
1/2 inch steel rod found for the northeast comer of same;
Thence South 00 degrees 04 minutes 26 seconds East with the easterly boundary line
of same and generally along a fence line passing a 1/2 inch steel rod found at
1315,21 feet in said northerly right-of-way line, continuing a total distance of
1332,51 feet to a nail found in asphalt;
Thence North 89 degrees 43 minutes 23 seconds West, 391.38 feet to the Place Of
Beginning and containing 11,958 acres of land, more or less.
Exhibit B - Metes and Bounds Description
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The Bridges at Riverwalk
Proposed PUD-R Single Family Development
11.958 Acres (11.803 ac net of existing Glade Road ROW)
Glade Road at Riverwalk Drive
CoUeyvUle, Texas
Statement of Planninl! Obiectives
. To focus on a demand in Colleyville for an upscale, single family environment
emphasizing small, low maintenance yards, a central location, elegant amenities
and homes in the 2,100 to 3,000 square foot range. Tbe identified market niche is
expected to be primarily empty nesters and dual and single income. professionals
who want smaller square footage residences but who at the same time want
uncompromising quality, Many presently live in Coneyville in larger homes,
Others would like to move here but the desired product does not currently exist,
The attendance impact on the school district is expected to be negligible.
. To provide a small lot, low maintenance residence while retaining the single famUy,
detached environment, The Homeowner's Association will maintain all Common
Areas as well as the right-oC-way and front yard of each residence which will give a
quality, coordinated look to the street wiDdin& through the subdivision.
Homeowners may have very low maintenance yards by the type plantinp selected
for the small remaining portions of the lots. It is expected many homeowners will
contract with the Common Area landscape maintenance company to maintain
their entire lot thereby providing a zero maintenance option.
.,
· To utilize the drainaKe that traverses the length of the property as an amenity and
to develop it in a natural and aesthetically pleasing manner. It is the iDtent of the
development plan to give a feeling of openness to the subdivision and to promote an
active lifestyle, Pedestrian activity and flow is encouraged by providing one five
foot wide sidewalk along The Bridges Drive which will tie into six foot wide
sidewalks in the public ROW along Riverwalk Drive and Glade Road.
.
To contribute to the "Riverwalk" concept and provide a residential, upscale
southern entrance to the Town Center property to the north. The perimeter fence
alonl Riverwalk Drive will be primarily wrought iron with brick. or stone columns
which will provide enhanced views of the Waterway from the landscaped walkway
winding along the public ROW.
.
To add upper-income households to the immediate Town Center area. Proximity
to the planned Town and Civic Center and to the Village of Colleyville is viewed as
a marketing plus for the community.
10/14/99
Exhibit 0 - Statement of Planning Objectives
-- -
The Bridges at Riverwalk
Statement of Planning Objectives
Page 2
. To provide a residential development that addresses the Issues and the Goals and
Objectives of the CoUeyville Master Plan adopted September IS, 1998:
Issue 13: Town Center. . The third Objective is to "encourage a residential area of
single family residences" .
Issue 2: Alternative Housing. "There is a desire for a limited number of upscale
town homes and garden homes on small lots designed for easier living. The quality
of construction needs to be compatible with the existing and proposed siD&le-family
housing standards" .
Issue 1: Housing Quality and Land Use, Objective: "Town homes and gardeD
homes that exceed 1.8 units per acre may be acceptable in areas that meet one or
more of the following criteria: a transition area between commercial uses and less
dense residential, near major intersections, smaller parcels that make less dense
development economically difficult and sites with unique topographical features".
The Bridges at Riverwalk site meets all of these criteria.
. To comply with objectives outlined in the Colleyville PUD Ordinance to "permit
Oexibility to encourage a more creative, efficient, environmentally pleasing and
aesthetic design", and "considerations of special site and topographic Features".
The applicant notes this zoning request, if approved, would amend PUD-R zoning for
a nursing, assisted living and retirement community of up to 272 units,
Development Schedule
The developer expects to commence land development as soon as the approval process
has been completed. It is expected land development and the coDStruction of homes
should be completed within 36 months of approvals, '
Proposed Ownership
Lots to be sold to individual builders/buyers. All Common Areas will be owned and
maintained by the Bridges at Riverwalk Homeowner's Association.
Utilities
Water, sanitary sewer, storm drainage, electricity, gas and cable will be provided to each
lot, All utilities will be underground. Necessary easements to be provided on the plat.
10/14/99
Exhibit 0 - Statement of Planning Objectives
Addendum
The Bridges at Riverwalk
Development Plan Details
1. Street ROW. Developer agrees to dedicate 35 ft of ROWand to build to City standards
one-half of the proposed Riverwalk Drive, Developer also agrees to work with City staff
on improvements to and ROW for Glade Road as it abuts the proposed development.
2. Sidewalks. Developer proposes to build 6 ft wide, winding sidewalks along both Glade
Road and Riverwalk Drive which will then become part of the City's proposed Trail
System and which will provide pedestrians enhanced views of the- series of small lakes set
in the development's landscaped Common Areas.
3. Pedestrian Traffic. Bridges Drive is proposed as a 31 ft street in a SO ft ROW. The
development plan proposes to move the street slightly to the west within the ROWand
build one 5 ft sidewalk along the east side of Bridges Drive. The Planning Objective is to
promote and channel pedestrian activity with the wider sidewalk and to mcrease
landscaped open space. The Bridges Drive sidewallc will tie in nicely with the 6 ft wide
walkway along Riverwalk Drive. Residents of the development will bave a one-half mile
circle they can walk with excellent views of the Waterway without baving foot traffic
immediately behind any of the homes.
4. Setbacks. The development proposes a 15 ft front setback for homes with a "side-swing"
garage entry and an 18 ft front setback for homes with a front facing garage entry. A mix
of side-swing and front entry garages is desirable aesthetically and will be encouraged.
Enhanced trim will be required on all garage doors. A 10 ft rear setback is proposed and
homes will be a minimum of 10ft apart on the sides. A few lots have 5 ft setbacks and
the majority have 2 ft setbacks on one side and 8 ft on the other. This encourages a
"courtyard- design for the homes. Windows are not permitted on the side of the home
with the 2 ft setback which then serves as the privacy wall for the courtyard of the
adjacent home. The advantage of a 2 ft setback over a "zero lot line" is it allows for roof
and gutter overhang and provides room for underground piping of roof runoff where
needed. Maintenance easements are granted for each home. These setbacks arc typical of
low maintenance, small lot plans and are very attractive with appropriate landscape plans.
5. Minimum square footage reouirements. Single-story homes - 2,100 ft~ Two-story homes
- 2,000 feet on the ground floor. It is expected most homes will be in the 2,300 to 3,000
square foot range.
6. ODen Space. The development plan has 26% Open Space which docs not count any of
the 50 ft ROW for Bridges Drive or the ROW dedication for Riverwallc Drive. The
drainage channel will be a series of small lakes typically expected to be 25 to SO ft wide
and created by appropriately spaced weirs or small dams. The 5 year flood will be
contained within the "lakewalls" and the 100 year flood within landscaped benns. Box
culverts at both Bridges Drive crossings will be faced with stone and, from many viewing
angles, be reflected picturesquely by the Waterway. The development plan provides
significant open space interspersed throughout the development and the plan encourages
pedestrian traffic and provides dramatic views without putting pedestrians inuncdiately
behind any of the homes. 20 ft landscaped buffer zones bave been placed at the north-end
of the development and along Glade Road. A 15 ft landscaped buffer has been provided
to shield the two lots with sideyards adjacent to Riverwalk Drive.
10/14/99
Exhibit 0 - Statement of Planning Objectives
RESOLUTION R-oO-1703
A RESOLUTION APPROVING A DRAINAGE PLAN
FOR BRIDGES AT RIVERWALK
WHEREAS, the developer of the Bridges at Riverwalk has agreed to provide storm
water detention in excess of the amount needed to serve their
development; and
WHEREAS, the developer has requested financial participation by the City in the
amount of $65,000 to reimburse the developer for cost incurred to provide
the additional detention.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City Council agrees that the City of Colleyville will reimburse the
developer $65,000 in return for the additional detention
AND IT IS SO RESOLVED.
Passed by a vote of ~ a~es. n
5th day of t.~~ f!.~
nays. and (:)
,2000
abstentions on this the
ATTEST:
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City Secretary
CITY OF COLLEYVILLE
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Mayor
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CITY OF COLLEYVILLE
CITY - DEVELOPER AGREEMENT
THE BRIDGES OF RIVERWALK
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That Riverwalk Development, L.L.C., a Limited Partnership organized under the laws of
The State of Texas, hereinafter called "Owner/Developer", and the City of Colleyville,
Tarrant County, Texas, hereinafter called "City", enter into the following agreement ("The
Agreemenf').
In consideration of the mutual covenants herein contained and for the purpose of
developing lots in The Bridges of Riverwalk, an addition to the City of Colleyville, as filed
for record in Cabinet A, Slide Number 6644 of the Plat Records of Tarrant County,
Texas, the parties hereto do agree:
1. The Owner/Developer will provide a complete service connection at each lot,
including tap, service line, curb stop, and tap for sewer. The charge for the right
to connect to the system shall be in accordance with the City's current water and
sewer tap fees. Fees will be charged and paid at the time building permits are
issued.
2. The Owner/Developer will contract for street. drainage, water and sewer
requirements with reputable contractors. All contract documents shall be
prepared under the supervision and bear the seal of the Registered Professional
Engineer who shall be licensed in the State of Texas. Before acceptance of the
public improvements by the City, the contractor or contractors will furnish a two
year maintenance bond or place funds in escrow with the City for two years, such
bond or escrow to be in the amount of ten percent (10%) of the construction cost
of all public improvements.
3. The Owner/Developer agrees to pay the City for plan review and inspection fees
for the water, sanitary sewer, drainage and paving improvements in accordance
with the current ordinance requirements, prior to the acceptance of public
facilities.
4. The Owner/Developer will reimburse the City for the installation of street name
signs, stop signs or any other traffic control signs, material and labor payable
before installation.
5. City agrees to pay the Developer fifty percent (50%) of the oversizing cost
between an 8-inch waterline and a 10-inch waterline installed along Riverwalk
Drive as shown on the City approved construction plans titled, "Riverwalk Drive".
prepared by Washington & Associates. (See Exhibit "A"). Total cost to the City is
$3,500.36.
6. City agrees to accept roadway impact fees (32 lots at $1,962 per lot = $62,784,
commercial lot = maximum buildable area 15,980 S.F. at $790 per 1,000 SF =
$12,624.20) in lieu of perimeter street fees for Glade Road ($52,070.61). (See
exhibit "B")
7. City agrees to waive all roadway impact fees for the construction of Riverwalk
Drive (Riverwalk L.L.C. shared cost = $169,839.64, (See exhibit "C") in an amount
not to exceed $75,408.20.
8. The City agrees to reimburse Riverwalk Development, L.L.C., the amount of
$65,000.00 for additional cost related to providing additional storm water detention
capacity per Resolution R-00-1703 as approved and executed September 5,
2000. (See Exhibit "0")
9. The Owner/Developer agrees to pay the City for parkland dedication fees in the
amount of $59,478.40 in accordance with the current ordinance requirements.
(32 Lots @ $1,805.00 = $57,760.00 and 2.148 acres of commercial @ $800 per
acre = $1,718.40)
10. Developer agrees to inform builders of the drainage requirements set by the City
approved drainage and lot grading plans. Developer to be involved in resolving
any and all disputes concerning the construction of any retaining wall facilities or
other necessary structures regarding lot drainage and compliance with the
approved lot grading plan. No deviations from the City approved plans will be
accepted.
11. Developer agrees the City is in no way responsible for the maintenance or
operation of the detention ponds or any improvements associated with the
detention ponds.
12. Developer agrees to reimburse the City for the installation of street name signs,
stop signs and other traffic control devices, materials and labor paid before
installation.
13. The Owner/Developer understands that he has no authority to cancel or amend
the terms of this agreement without specific written authority of the City.
14. Upon completion of the work, good and sufficient title to all constructed, warranted
free of any liens or encumbrances, is hereby vested in the City of Colleyville.
15. If for any reason the ownership of the property should change prior to the
acceptance by the City of the water, sewer, storm drainage and paving
improvements in The Bridges of Riverwalk, it is agreed that these conditions will
pass from this Owner/Developer to the next owner and the City will require proper
signatures of the new Owners agreeing to the terms of this Agreement.
- -
IN WITNESS WHEREOF, the parties to these presents have executed this contract in
three (3) counterparts, each of which shall be deemed an original on this _ day of
,2001.
DEVELOPER
CITY OF COLLEYVILLE
Riverwalk Development L.L.C.
David Hannah
Managing Member
Donna Arp, Mayor
Cynthia Singleton, City Secretary
Quanti ty
1.) 1,330 L.F.
2) 4
Total
EXHIBIT "A'
OVERSIZING COST
lO-INCH WATER LINE
RIVER WALK DRIVE
10" Water Line Cost
$ 19.09 = $25,389.70
$ 880.00 = $ 3,520.00
8" Water Line Cost
$ 14.57 = $19,378.10
$ 632.72 = $ 2,530.88
Difference
$ 6,011.60
$ 989.12
$ 7,000.72
Half of the oversizing cost = $ 3,500.36
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Wille'
10' PVC Wau~r
8" DIi IS
10' Gala Val,';
6" GAIO V~'..,
6. Gal" valV&
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rilvlny
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..... Asphall plllr.h
Tolll Paving
'* ExcilvaUun
Exesvauon ~500
Tolal ExcavlIUon
... Temporary lurnaround 5!1il
Slorm Sewer
8'A Pour i" PLa:e Boy Cu'vbn 25
8X4 Box 23
5x4 80x 62
6;;4 box 4~
Rerno.e ("'~I 11880"'<11, 1
18" ACf> 54
1J' Fiep 53
10 Allcu,etl CLllt> I""" 2
3,-3 Owl' Inlel 1
!I " 4 Bllx CulvM Plug 1
Ccnn8cl AeO 10 Retai:'\lng Wlill 2
Con. 18. RCP 105 x 4 RCe 1
CO,1, 24" RCf' 105 x oj ReS 1
80n, 2~" Rep 10 G x ~ F:C13
8 x 4 CO,"C'.'e Collors 2
(\)0. '" Ex 8 x 4 ReB ~ Glade n, 1
W)'s Con for 6 x 4 /I"tI S x " r,C-l ;!
Slorm Sa'Ym Manl,ole 1
ROCf; nip flap lOA
Trallle (;00111(;., on Glade Ad ?
5x5 T /fle "S"Hoaavvall 1
5x5 Box Culven .4.1
<;:on, 10 Ex. JunC':llon Box .1
T 01" SIorm Sewer
'*
Sanitary Sewer
u' SOR 35
4' Manhnle
~' Orop Manh0l8
AClusl MinhulY$
Tolal Sanitary Sewer
MIse
~ COMUlI C;rt'~sI1l9 3:i0
11( Clly III'r~cllun Fees (5~. Hard C<JS\!.j
Tolal "'v.,wa,k Drlv"lmflfOvemenls
t::'XI+,B I, c:..
COST SJiARING BREAKDOWN
Qly
Un II
TOI.l
25.389.70
l.a94.10
3,~20,OO
l,ff98,16
1.0/i5.6~
~,234.00
3.16360
1.92500
2,120.25
302,50
998.80
266.00
45.771.75
164.29070
11 .896.bU
11,186.00
4 1 ,562.50
19.950.00
1.500.00
250,385.70
1.50
6,75000
6.150.00
Alverwalk Honon
Share Share
~, Cosl _0' Cost
12.694 65
947.05
1,760.00
1.265~4
ti320?
1.1:i17,UU
1.561.BO
962 50
1 .060 ~ 3
15125
49940
133.00
23.205.24
82. '453~
5.948.25
5.593.00
20,781.25
9.975,00
750.00
125,192.85
3.375,00
3.375.00
7.965.00
".0~9.00
3.405.84
13.917.04
78100
1.6<!0.b4
1,85023
3.234 00
1.42725
660.33
929 50
671.00
698,50
1.589 50
3.261.50
1,969.00
1.608.75
1,036,80
1.837.00
(1,485,00)
(3.879.48)
(264.00)
311,948.30
~
l,723.3:l
3.500.00
1,125.00
11,4411.33
900.00
10.790.62
804.99
1.496.00
632 72
4~290
1.37~ 45
1.~44.53
~18.1;j
9011 1
128,56
424,49
11305
19.2111.55
6S.P.2J.55
5,056.01
4.754 05
17.664.0(;
8.4 78 75
637.50
106,413.92
2.66975
2,868.75
6,770.25
3,467.15
2,894.96
9.297.50
663.85
2,748.90
1,213.10
561.28
790.08
640.'18
1,351.08
2.772.28
1.67365
1,367.44
881.28
1.561.45
(1.26225)
(3.297.56)
(224.40)
:27,100.32
956.25
956.25
765.00
Ca,Whls
Sh.re
0' Cost
1,90423
1420G
20400
799:>
242,55
~~7.2:
144,38
15902
22.6!!
74,91
19.95
3.290.97
12.321.80
892,2~
838,95
3,11719
1 496,25
112,50
18.778.9:\
1:',5"'(1,0<
506.25
506.25
1,194.75
611.85
510.8/\
1.640 74
117,15
485 10
214.09
99,05
139,43
113.03
2384:.l
48923
295,35
241.31
155.52
27555
(222.75)
(581.92)
(3960,1
4.782.41
168.75
168.75
135.00
5.00 1,8UO.00
-.-_, !.!!,'!J_~:~
-.!. 789. 7 4 ---1.!!.!-~.' ,351,05
217.824.45 17J,8~.6~
-- -
15,930.00
S 15C,(l0
6.511.58
13,91704
10,938.24
1.562.00
1.620.54
1.850.23
1',468,00
2.854,50
1.320.66
1,859.\)0
671.UU
698,50
753.50
3, 179.00
0.523.00
:1.938.110
3.211 50
2.073 GO
3.674 DC
(<:.970,00)
(7.nll,Y!l\
(529.0U)
70,831.03
1.800,00
1.723.33
3.50000
2 ,2f.0. 00
9,273.33
=-,=.-A~,.SRUQ..
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133Ll
130
4
Pllce
1909
1457
880,00
632,72
5:12112
Jd4pCI
1.51\1 dU
1,92500
~ 82'1 00
'10250
9118.80
0.20
3
2
2
1
13:.10
7571
7931
, 19
1,1.10
lJJO
1
:!170
1,50
94.00
~I 2~
150,)
1,500.W
1D,4L c:.o.::.r ~"'IC\n.e To Rlv-Lv"<J~'- OGul&.l.....Uprn'!AJT, Lc...c... =-
1(P,)~~q. 44
27,00
326.32
296,16
16!! 72
227,60
1,56~ 00
3001
3491
3.234,00
2,85450
1.320.66
9:>9 fiU
671.00
6\11150
75:1 50
1.589 SO
6,52:WO
1,Il69 Oi)
;1.217.50
19.:!:l
1.8:17.00
2.370.00
176.)4
5::0",)()
: ;~()
1
,
5
i5.\lO
1,723,33
3.500.00
450.00
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RESOl.UTION R-oO-1703
A RESOLUTION APPROVING A DRAINAGE PLAN
FOR BRIDGES AT RIVERWALK
WHEREAS, the developer of the Bridges al Rlverwalk has agreed to provi~e storm
water detention In excess of the amuunl nef:ded 10 serve their
development; and
;: WHEREAS, the developer has requested flflancial participation by the City in the
amount of $65.000 TO reimburse the developer for cost incurred to provide
th<.J additional detenllDn.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF !
COl.LEYVILLE, TEXAS:
Sec 1
I
THAT the City Council agrees that the City of Colleyville wi/I reimburse tllf~ ~
developer $65,000 in return for the additional detention .
AND IT IS SO RESOLVED.
Passep by a vote of ~ aye~. ~ nays. and
_~___ day of _5t;;pteAI b.!( . 2000
o
abstentIons On this the
ATTEST:
I ~, d
.' \
I' , .
!"Jl..{A~ ).-::tVvlA-~
I'
Je-Ein Harris, TRMC, CMC
C':y Secretary
'CITY OF COLLEYVtLLE
cl-, _.-.-~ / I/]
1\ I \ . /
/',. \ I _ / I /A ,.....
/'0 ~ r v.(/'j../
Donna Arp .I
Mayor v
"
ORDINANCE 0-01-1289
AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT
FOR PUBLIC IMPROVEMENTS BETWEEN RIVERWALK DEVELOPMENT, L.L.C.,
AND THE CITY OF COLLEYVILLE, TEXAS FOR THE BRIDGES OF RIVERWALK
WHEREAS, Riverwalk Development, L.L.C., (Developer) shall construct publiC
improvements and the City of Colleyville, Texas shall participate in the
cost as determined by municipal ordinance under Subchapter C.
Developers Participation in Contract for Public Improvements, Local
Government Code, State of Texas; and
WHEREAS, The City of Colleyville and Developer hereby entered into a City-
Developer Agreement/Contract for The Bridges of Riverwalk, which
specifies certain construction costs that the City has agreed to participate
in with the Developer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
THAT the Developer shall construct the improvements and the City shall
participate in their cost.
THAT the City's total cost participation ($68,500.36) does not exceed thirty
percent (30%) of the total contract price.
THAT the Developer must execute a performance bond for the
construction of the improvements to ensure completion of the project, said
bond must be executed by a corporate surety in accordance with Chapter
2253, Government Code.
THAT the City shall be reimbursed by the Developer the total cost
participation by the City if City finds there was any undue loading of cost,
collusion, or fraud.
THAT all of the Developer's books and other records related to the project
shall be available for inspection by the City.
.. -.
Ordinance 0-01-1289
Page 2 of 2
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
-
C 11,\ "!
cc~~~
CITY COUNCIL \ ~ / AGENDA BRIEFING
For mta, : 07/02101 CMO Approval:
Item # :
11
Ordinance # :
0-01-1290
Previous Action: None
DEPT. :
ENGINEERING
SUBJECT:
Amending Ordinance 0-01-1281 General Fund
Budget In the amount of $250,000 for the
construction contingencies for the Colleyville
Justice Center
First Reading and Public Hearing
Backaround
City staff and Brinkley Sargent Architects worked for over a year on the design of the
Colleyville Justice Center and construction plans were completed in late October 2000.
Construction bids were received on December 6, 2000, with five companies submitting
bids on this project. The base bids ranged from $5,497,400 to $6,589,000, with CMPA,
Inc., of Grapevine, Texas submitting the low bid. The Council awarded the construction
contract on December 19, 2000, in the amount of $5,564,000. A notice to proceed was
issued on March 30, 2001.
( continued)
IAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution 0-01-1290
Page 2
Construction started in mid April with the site work and foundations piers completed
within the past two months. City staff has received change orders in the amount of
$21,030 for additional site work and underground utility installations. Also, groundwater
was encountered during the drilling of the piers, and as per the construction documents,
pier encasements were needed to complete the work. Both of these construction issues
will require additional funds within the next 60 days.
Land for the Justice Center site was initially purchased on Professional Court on
February 3, 1999, in the amount of $648,940.50. It was later determined that a
municipal complex including the City Hall and Police Station would be constructed
adjacent to the Colleyville Community Center. Therefore, land was purchased south of
the Community Center on July 1, 1999 in the amount of $664,726.
City staff is currently in the process of selling the land on Professional Court. The net
proceeds from the sale of this land will be used to fund the construction contingency for
the Justice Center upon Council approval. As it is possible that the land will not sell
before the time we must pay for these change orders, it is necessary to amend the
General Fund budget to fund these change orders from the fund balance of the General
Fund. Future proceeds from the land sale will repay the General Fund.
The contract was awarded without any construction contingency funds. A portion of
these contingency funds is now needed to keep construction of the building on
schedule.
Recommendation
'.
Approval of Ordinance 0-01-1290
Attachments
· Ordinance 0-01-1281 (paper copy only)
· Change Orders (paper copy only)
. Ordinance 0-01-1290
- -
ORDINANCE 0-01-1281
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, RELATING TO FISCAL
YEAR 2000-2001 DRAINAGE UTILITY FUND BUDGET BY AMENDING SECTION 2 OF
ORDINANCE 0-01-1274 AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the purchase of a street sweeper would aid the City in implementing a street
sweeper maintenance program to address a number of Priority 1 drainage
projeds and aid in complying with the mandated National Pollution Discharge
Elimination Program; there are sufficient revenues in the Drainage Utility
Fund to fund the purchase of a street sweeper; and
WHEREAS, the appropriation was not included in the Fiscal Year 2000-2001 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 herein.
Sec.2 THAT appropriations in the annual budget for Fiscal Year 2000-2001 as
adopted by Ordinance 0-01-1274 are amended to read as follows:
General Fund
Utility Fund (Water & Wastewater)
Debt Service Fund
Drainage Utility Fund
$11,592,461
$ 7,791,611
$ 2,253,811
$ 532,639
THAT the Interim City Manager be and is hereby authorized to make the
appropriate change to the budget to reflect the changes noted above.
Sec.4 THAT the effective date of this ordinance shall be immediate upon its
passage.
Sec.3
Ordinance 0-0 1-1 ~
Page 2
I
I
i
day of I
AND IT IS SO ORDERED,
s-7.t
The first reading and public hearing being conducted on the
{Ju/nJ..- ,2001.
~
The second reading and public hearing being conducted on the
'1J/lU . ,2001.
/9!t
day of I
ATTEST:
1fnY:t!.L~~
Cynthia Singleton, TRMC
City Secretary
CITY OF COLLEYVILLE:
~
Mayor
~~ FORM AND LEGALITY:
Ross T. Foster
City Attorney
I
I
I
I
-- -
Justice Center Change Orders
Original Contract:
Change Orders approved: 0
Total amount of change orders approved
Current Contract amount:
$5,564,000.00
$0,00
$5,564,000,00
Description Date Amount Status
CO # 01 a.) Removal of Soil at offsite manhole 7-Jun-01 $763.00 pending
b.) Building Pad earthwork 7 -Jun-01 $15,997.00 pending
c.) extend fire service and modify sanitary 7 -Jun-01 $4,270.00 pending
sewer service
Total amount of changeorder # 01 $21,030.00
CO # 02 Pier Encasement (estimated) July $200,000.00
Other $28,970.00
Total to date $250,000.00
ORDINANCE 0-01-1290
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, RELATING TO FISCAL
YEAR 2000-2001 GENERAL FUND BUDGET BY AMENDING SECTION 2 OF
ORDINANCE 0-01-1281 AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the contract for the construction of the Justice Center was awarded with the
understanding that any future construction contingencies for change orders
would be funded from the fund balance of the General Fund until the land
purchased for the original Justice Center site is sold; and
WHEREAS, change orders to the Justice Center project in the amount of $250,000 are
needed for additional site work, underground utility installations, and pier
encasements; and
WHEREAS, this appropriation was not included in the Fiscal Year 2000-2001 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 ar
hereby incorporated into the body of this ordinance as if copied in their
entirety herein.
Sec.2 THAT appropriations in the annual budget for Fiscal Year 2000-2001 as
adopted by Ordinance 0-01-1281 are amended to read as follows:
"
General Fund
Utility Fund (Water & Wastewater)
Debt Service Fund
Drainage Utility Fund
$11,842,461
$ 7,791,611
$ 2,253,811
$ 532,639
Sec.3 THAT the Interim City Manager be and is hereby authorized to make the
appropriate change to the budget to reflect the changes noted above.
SecA THAT the effective date of this ordinance shall be immediate upon its
passage.
- -.
Ordinance 0-01-1290
Page 2
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
- '-
cir~' Of
(0)~~~
CITY COUNCIL ~\ k / AGENDA BRIEFING
For mtg. : 07/02/01 CMO Approval:
Item # :
12
Resolution # :
R-01-1812
Previous Action: June 19, 2001
DEPT, :
COMMUNITY DEVELOPMENT
SUBJECT:
A request by Centurion American Development
Group to move a temporary office building to Lot
9, Block 1, Colleyville Industrial Park at 1905
Industrial Boulevard, Case G-01-011
Reading and Public Hearing
Ross Calhoun, from Centurion American Development Group, has submitted a request
to move a temporary office building from outside the Colleyville corporate limits to their
location at 1905 Industrial Boulevard. Mr. Calhoun stated in the application that the
building will be used as an office until their secondary office building has been built.
Staff spoke with Mr. Calhoun and he said that they planned on adding on to the existing
building and will not be building an additional building on their lot. He describes the
temporary building as a 12' by 60' I three room office trailer, supplied by William
Scotsman Rental.
Notice of the public hearing was sent to twenty-two property owners within 300' of the
request and staff has not received any correspondence regarding the notice. Lot 9,
Block 1, Colleyville Industrial Park is zoned ML Light Manufacturing and Centurion
American Development Group will be required to go through the site plan process in
order to obtain permits for the building addition.
(continued)
x.a~ m..w'~
CITY MANAGER
~~~
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1812
Page 2
Recommendation
Approval subject to the temporary office building being removed no later than one year
or when a certificate of occupancy is received for the building addition, whichever
comes first.
Attachments
. Location Map
. Application from Ross Calhoun, Centurion American Development Group (4 pages)
. List of Property Owners Within 300'
. Proposed Resolution R-01-1812
"
-- -
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LOCATION MAP
Request to Move a Portable Building
CASE ## G-G1-G11 -1905 Industrial Boulevard
G-o/- 0 II
TO THE CITY SECRETARY, CITY OF COLLEYVILLE, TX:
APPLICATION FOR PERMIT
TO MOve A BUILDING OR STRUCTURE INTO THE CITY
1.
NAME:
ADDRESS:
tl.,J +~~: c.J AyY\c.{(.,'c.~tJ Df.\Jl.. hr"'IE ..s+
lC,Oo .LJd~stJe;,...1 ~llld.
8Ro u. p
PHONE NO. :
811- ...,.~, - 30'-+0
2. Whether the building or structure is:
(a) To be moved irto the alrporate limits of Colleyville from outside its corporate
limits, or
(b) To be moved from one location within the corporate limits of Colleyville to
another location within its corporate limits.
Answer: ( A )
3. Description and size of the house, building or structure to be moved (together with
8 picture thereof):
TE.""'PDu" ~(:~o... '1(iAlll~ ~ 8t.- mOu\J ~ (>ltll. Loc.....~~,J v.~~11
Cu~ ~...eold".." o+wc L i\u.~ldf~~ ~...." 'ts~.J ~: 1+
f
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n....~...l Daol\"'M.Jf W"'c.hf&
.'?iZ.L'. l)"x (,0' - F>O{/ B /T-A
4.
Legal description of the lot and the local address upon which the house, building
()( structure is to be moved or relocated on if a permit is granted by the City Council:
Lf.~...I. Dt~C.f~;fh..,J ~ Lo+- q 1>\oe-k I r ~ollfYII,'IIf. .TNd\4.!.~1 ~R~
AddR{~: ''\05 tldl.l~~~:"'l Blvd ~nLlt.rlJ:llf T", JIDD~'f
_XHIt3ir-,a ,
"
5, A drawing or plot pi., showing the dimensions of the lot or tract of land upon which
the house, building or stnJct1Jre is to be moved or relocated, and the location of
existing buildings or structures upon the lot, if any, together with the location of
existing buildings or structures upon adjoining lots.
APPUCATION FOR PERMIT
CITY OF COLLEYVlLLE. TEXAS
paae 2
NOTE: My of the above information may be furnished by exhibits attached hereto,
and marked exhibit · A-, .8., .C.. etc.
I am either the owner or authorized to pay the required fee ($15,00) and make this
application on behalf of the owner of the property sought to be moved.
The payment of the required fee end the filing of this apptication for permit are to comply
with the provisions of See 18-33, Moving d bui/cJngs. d City Code, City of CoIleyville, TX,
Signed~ ~ ~
(Applicant)
J
Date of Filing:
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Geneva Realty Management 1904 Industrial 2P LC Dennis Luers
1808 Industrial Blvd. 5485 Belt Line Road, # 365 1419 Thislewood Lane
Colleyville, TX 76034 Dallas, TX 75240 Grapevine, TX 76051
Charles & Vera Gore Robert & Sheila Small Stacey & Ronda Loftin
3905 Allendale Street 2254 Royal Lane 1903 Central Drive
ColJeyvllle. TX 76034 Dallas, TX 75229 Bedford, TX 76021
Stacey & Ronda Loftin S. T. & Anne-Marie Apaliski Kirk & Maria Rogers
6306 Wyatt Drive 2003 Reynolds Drive 2001 Reynolds Drive
Colleyvilte, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
C. Stephen & Bobbe Knutz Mark & Melissa Johann Michael & Patricia Clark
2003 Frances Drive 2005 Frances Drive 2007 Frances Drive
Colleyville. TX 76034 Colleyville, TX 76034 Colleyville. TX 76034
Hershell & Jean Sanders Brian & Charlene Hostin Christopher & B. L. Owens
2009 Frances Drive 2006 Kyle Court 2004 Kyle Court
Colleyville, TX 76034 Colleyville. TX 76034 Colleyville, TX 76034
Swift & Gail Lindley Jerry & Melanie Johnson Mikell & Kimberly Tomlinson
2002 Kyle Court 2003 Kyle Court 2005 Kyle Court
Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034
Gary & Donna Sharon Michael & Becci Nooney Gary Staggs
2007 Kyle Court 2004 Reynolds Drive 2002 Reynolds Drive
Colleyville, TX 76034 Colleyville, TX 76034 COlleyville, TX 76034
Keith Neil
'. 200 Reynolds Drive
Colleyvil Ie , TX 76034
Case G-01-011
According 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 reque.t to move portable buildings Intolwlthln the City ..
required by City Code, (Notices dated: June 21, 2001) r1::
Jan Levy
Planning & Zoning Ass tant
- -,
RESOLUTION R-01-1812
A RESOLUTION APPROVING THE PERMIT FOR ONE TEMPORARY
OFFICE BUILDING FOR CENTURION AMERICAN DEVELOPMENT GROUP
WHEREAS, Centurion American Development Group has requested a permit to place a
temporary office building at 1905 Industrial Boulevard; and
WHEREAS, The City Council on July 2, 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 Centurion American Development Group for a permit
for a temporary office building at 1905 Industrial Boulevard, is hereby
approved for a period of one year or when a certificate of occupancy is
received for the building addition, whichever comes first.
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
C,f~. 01
\~~~~
CITY COUNCIL \ ~ I AGENDA BRIEFING
For mtg, : 07/02/01 CMO Approval:
Item # :
13
Ordinance # :
0-01-1280
Previous Action: 06/19/01
DEPT, :
COMMUNITY DEVELOPMENT
SUBJECT:
An amendment to the Colleyville Land
Development Code regarding Divided Entryways,
Driveway Spacing, and Easement and Right-of-
Way Encroachments, Case Z-01-010
Update
On June 19, 2001, the City Council tabled this item and directed staff to discuss
proposed changes with David Bagwell. Staff discussed and then forwarded the
proposed changes to Mr. Bagwell. He agreed to provide written comments on the
changes, but no additional correspondence has been received from Mr. Bagwell at this
time.
Second Reading and Public Hearing
First Reading and Public Hearing
Backoround
During the past year, since the initial adoption of the Land Development Code, staff has
identified two items needing slight revision and one new item to be added to the City's
development regulations.
11~ '1?1u/~
CITY MANAGER
D[P~
FINANCIAL REVIEW (IF NECESSARY)
(continued)
Agenda Briefing
Ordinance 0-01-1280
Page 2
The two revisions will improve the intent of the regulations regarding (1) the number of
entryways for subdivisions and (2) the spacing of driveways along streets. The third
item is a new regulation being proposed to establish a standardized procedure for
handling easement and right-of-way encroachments. The Planning and Zoning
Commission recommended approval of the three amendments to the Land
Development Code at its May 29.2001 meeting by a vote of 5-1 (Hill opposed).
Copies of the proposed regulation changes have been sent to area developers and to
several local engineers who regularly prepare engineering plans for construction
projects in Colleyville. Staff received written comments from only one developer who
expressed concern over the proposed revision to the "divided entryway" regulation. Mr.
David Bagwell, a very active developer ot residential subdivisions in Colleyvi lie , states
that eliminating alternatives to the emergency access provision "will have the
unintended effect of diminishing the quality of some future Colleyville developments".
Attached as Attachment 1 is a copy of his written comments. As.a result of Mr.
Bagwell's comments, the Planning and Zoning Commission has recommended the
inclusion of limited alternatives where it is not possible to provide an emergency access
easement into a subdivision having twelve or more lots. The attached ordinance
incorporates the Planning and Zoning Commission recommended language.
The following is a brief explanation of each proposed regulation change and a
comparison of the current regulation language with the proposed text changes.
1. Easement & Right-of-Way Encroachments - The first item to consider is an
amendment to Chapter 8 - Plat Review Procedures to insert a new paragraph to
establish procedures for approving easement and right-ot-way encroachments.
Currently, there are no written procedures in the Land Development Code that
standardize the "methods used for handling easement and right-ot-way
encroachments.
During the past tew months, staff has experienced a number of building permit
requests for swimming pools with decks or pool beams that slightly encroach into
adjacent utility easements, either inadvertently or by design. Building permits are
generally not issued until all the utility companies have indicated that they have no
problem with the proposed encroachment. The general procedure to authorize an
easement encroachment is to obtain the approval from the various utility companies
that utilize the public utility easements. Most utility easements are shown on a
subdivision plat, but those not shown on a plat are "separate written instruments"
filed in the deed records at the courthouse.
In the past, various methods have been used by staff to handle these situations,
even to the point of some staff requiring the applicant to abandon the easement, a
lengthy and often costly process, particularly considering the urgency of a pending
- -
Agenda Briefing
Ordinance 0-01-1280
Page 3
building permit. In many cases, there may be no utilities actually installed in some of
these easements. During the review of several building permits for the Village at
Colleyville, it was also discovered that bay windows and balconies proposed for
some of the structures were slightly encroaching over utility easements and rights-
of-way. Therefore, staff is recommending that the procedure for handling easement
and right-of-way encroachments be formalized and standardized.
The procedure being proposed is similar to those used in actual practice, but with
the new additional requirement that instructs staff to file documents in the Tarrant
County Deed Records and thereby making an easement encroachment a part of the
public land record. This will make future property owners aware ot an encroachment
on their property and know that the encroachment has been previously approved in
an official manner.
The new regulation will authorize the City Manager, or the manager's designated
official, to approve the encroachment of an easement after acknowledgement by all
the utility companies, However, an encroachment ot a right-of-way will require the
approval of the City Council. The reason tor the City Council approval in right-of-
way encroachment situations is to prevent any surprises to the public that may occur
in the future, for example, should a developer want to "bridge" over a right-of-way
between two buildings.
The proposed new language to be inserted into the Land Development Code is
attached as Attachment 2.
2. Divided Entryways - This item involves a reVISIon to the existing language
contained in Chapter 9 - Subdivision Design and Public Facilities regarding single
" entry subdivisions. The paragraph containing this regulation is currently entitled
"divided entryways". The Planning and Zoning Commission suggested that the title
be changed to "Number of Subdivision Entryways" to more accurately reflect the
objective of this particular regulation.
When the Land Development Code was amended in December 2000, it contained a
regulation that required an emergency access easement as a secondary access
point whenever a single entry subdivision contained more than twelve lots.
However, the language provided an option to the developer to allow a single
pavement that is at least 41' in width in lieu of providing the emergency access
easement. A tract of land, for example, that has narrow frontage and is surrounded
by existing development may have no option tor an emergency access easement,
yet under the current regulations could be developed by providing a wider pavement
- -.
Agenda Briefing
Ordinance 0-01-1280
Page 4
section into the development. The wider pavement section, it was thought, would
possibly still allow access by emergency vehicles even though the entrance to the
subdivision may be partially blocked by a separate emergency incident. From an
emergency service viewpoint, any incident blocking access into a subdivision will
have a negative impact on the effectiveness of police, fire and ambulance services
in an emergency situation. The fire department, for example, may not be able to
gain access to a fire hydrant located within the subdivision if an automobile accident
is blocking the only entrance to the development.
The Colleyville Fire Chief has stated that it is too easy for a developer to choose the
wider pavement section in lieu of providing the emergency access easement and
has requested the regulation change to delete the automatic option provision.
The proposed amendment to this regulation has been written to clearly state that
every subdivision containing more than twelve lots must provide two entryways into
the development. If it is impractical or impossible to provide two entryways, then an
emergency access easement is required. If it is not possible to provide the
emergency access easement, a 41' wide entryway, which includes automatic
sprinkler systems in each residence, will be considered as an alternative solution.
The proposed revised text is shown on Attachment 3.
3. Driveway Spacing - This item involves a revision to Chapter 14 - Engineering
Design Standards regarding the table that establishes minimum spacing
requirements between driveways. During preparation of the original version of the
Land Development Code, staff included a dimension for "maximum" driveway
separation. Since there is no safety issue associated with maximum distances
between driveways, the dimension shown under the maximum column for driveway
'. separation needs to be deleted and replaced with "n/a". The "shaded" area shown in
the table on Attachment 4 will be amended by this revision.
Recommendation
Approval
Attachments
· 1-Letter from David Bagwell
· 2-Addition of Easement and Right-of-Way Encroachment Regulation
· 3-Revision to Divided Entryway Regulation
· 4-Revision to Driveway Spacing Regulation
· 5-Planning and Zoning Commission Minutes 05/14/01
· Proposed Ordinance 0-01-1280
- -
Attachment 1
DAVID BAGWELL
COMPANY
May 24, 2001
Barry LeBaron, AICP
Community Development Manager
City of Colleyville
P.O. Box 185
Colleyville, Texas 76034
Dear Barry:
As always, I appreciate the Colleyville City Staff letting me know of proposed changes to
ordinances affecting my Dusiness:- This offers me the opportunity to consider the
implications and offer my perspectives on the advantages and disadvantages to the
community of what is proposed,
With respect to item Z-01-010 which is before the Planning &: Zoning Commission for
consideration, I would appreciate knowing why this change to the Colleyville Land
Development Code is thought to be necessary, Put another way: what is it about the
Code's provisions for single entry subdivisions that is unsatisfactory and how does the
proposed amendment improve the Code in this regard? (I can think of one aspect of the
Code with respect to single entries that should be changed, as I describe later in this letter,
but the amendment proposed in Z-01-010 has nothing to do with that.)
I believe that the amendment proposed in Z-01-010 with respect to single entry
subdivision with more than 12 lots will have the unintended effect of diminishing the
quality of some future Colleyville developments, This is so, I believe, because the
proposed amendment would take away flexibility in dealing with difficult sites and
impose unnecessary costs,
In my view, the ordinance as currently written accommodates difficult sites better than
the proposed amendment. An example of this can be seen at our Westmont development,
The Code currently allows a 41 foot wide single entry street into Westmont from Westcoat
Drive if the area is also served by an emergency access lane and gate, However, the
amendment proposed in Z-01-010 would take away this means of providing access, At
Westmont Drive and Westcoat Drive, you can see that a single entry street is the only
practical way to provide access because of the substantial creek crossing at this entry
location, This creek is not only a significant natural phenomena that must be
accommodated by a significant bridge or culvert structure, but it is also protected by the
CoMMUNTIY DEVELOplolI!NI'
8222 DoUGlAS AVE.
Sum: 605
DAW.S, TEXAS 75225
214 368-7711
METRO 817 540-5500
FAX 214368-7740
federal government which severely restricts permanent facilities for crossing protected
creeks. For the City to change the Code to allow only a double entry with a spread of
approximately 131 feet instead of a 41 foot single entry at a location like this would result
in an awful waste of money, and a crossing this wide might not be approved by the
federal government,
What reason(s) justify this expenditure of money? From all I have been able to learn, it is
unnecessary to require a 131 foot wide double entry as long as there is an alternate
means of access available with a 41 foot entry as the Code currently requires, The money
that would be wasted on a 131 foot entry could be spent in better ways to benefit the
neighborhood and the community at large. For example, the money saved could be used
to permanently enhance the beauty ofthe property, as we endeavor to do. It goes without
saying, I trust, that money wasted or spent on things with marginal value is money that
is not available for other, more worthy needs, I believe it is in the best interests of the
community that money be allowed to go for things with tangible benefit rather than
being used to provide for some extreme hypothetical situation,
Now, one might respond to this perspective that the proposed language allows some
prospect of relief for difficult sites like my Westmont example, because the proposed
amendment says, "If a divided entryway is impractical or otherwise impossible to
accomplish for the proposed subdivision, an alternative design may be proposed to include
an emergency access easement that shall meet the standards of this Land Development
Code and be acceptable to the Fire Marshall and the approving body.- However, I believe
this language is subject to arbitrary application, What criteria would be used in
determining "if a divided entryway is impractical or otherwise impossible to
accomplish-? What if the Fire Marshall were to dispute that "a divided entryway is
impractical or otherwise impossible to accomplish for the proposed subdivision-? Who's to
decide these matters? And, with the inevitable turnover in City Staff, how can we rely
on this discretion being consistently applied?
Of perhaps greatest concern, however, is that the proposed amendment seems to give the
Fire Marshall a veto over all alternative entryways, Please consider the meaning to give
to this part of the proposed amendment: "...and be acceptable to the Fire Marshall and the
approving body,. What if the P & Z and City Council believe that an alternative entry
design are acceptable but the Fire Marshall does not? In that circumstance, as I
understand the construction of the proposed amendment, the alternative could not be
approved because the criterion that both the approving body and the Fire Marshall find it
acceptable has not been met.
It would be better public policy for the community to settle on exactly what is permissible
in various circumstances and leave as little as possible to arbitrary and inconsistent
interpretation. And, it would also be better public policy to not allow anyone Staff person
to trump a determination of the P & Z and the City Council as the proposed amendment
seems to anow,
In short. as far as I can tell, the Code as currently written witb respect to the width of
single entries is better than what is proposed, Furthermore, as far as I know, the Code as
currently written hasn't resulted in any problems for the community. So, with respect to
the proposed amendment, I hope the P & Z will bear in mind the old proverb which
admonishes: "Ifft ain't broke, don't fix it.-
--
On the other hand, there is something in the Code with respect to divided entries that Z-
01-010 does not address but which I believe does need fixing, I refer to the current
requirement that the two driving surfaces of a single entry be thirty-one feet wide. This
may be reasonable if there are houses facing or siding onto a divided entryway of a single
entry subdivision, e.g, the Monticello addition, but if there are no houses facing or siding
onto a divided entry, why isn't a four lane divided entryway with two 24 foot drive
surfaces adequate? In this circumstance, why must the two drive surfaces be 31 feet wide
instead?
Please considel both OUl Leyton Grove development and the McDonwell School Road entry
to our Westmont development. Each has a divided entry with two 24 foot wide drive
lanes, No houses face Ol side onto these entry lanes, As a result, there is rarely, if ever,
any vehicle parked on them, So, why should it be necessary to provide for more
pavement width than two 24 foot lanes of pavement? After al1, the widest auto/truck
that I've come across is about 8-1/2 feet. If in the unlikely event a vehicle such as this
were to be parked at the .cub of one of these 24 foot drive lanes and CoUeyville's largest
emergency vehicle needed to pass by, there would be almost twice the width of the
emergency vehicle open for it to use, And, if in some hard-to-imagine circumstance, one
of these 24 foot lanes were blocked, within one hundred feet there is another 24 foot drive
lane available with no house facing or siding onto it, So, what reasonable case can be
made that either of these drive lanes needs to be wider than 24 feet as can be seen at
Leyton Grove and Westmont?
No one would object to what I believe amounts to an overabundance of caution in the Code
as it is written if it didn't result in waste of scarce resources better used for other purposes,
and iihaving more pavement than is needed weren't aesthetically inferior to landscaping
at entryways. Most people would agree that it is important for the City Staff, the P It Z.
and the City Council to weigh the merits of competing interests in deciding what's best for
the City. In this matter, I believe what amounts to an overabundance of caution needs to
be balanced against alternate beneficial uses of the money required, If, as I contend, two
31 foot driving lanes are not necessary at a development with a single entry which has no
houses fronting or siding to it, then the Code should be amended in this regard so that the
resources now required to be spent by the Code can be put to better use_
These matters can be best nnderstood with benefit of a site visit, I believe, I hope that
you, members of the P It Z, and the City Council will go to our Westmont, Leyton Grove,
Oakbrook Hills, and Ashmore developments -- each of which has a single entry with
emergency acceSs - and consider whether there seems to be aDything dangerous about
their entries and whether the community would be better off with more pavement aDd
less landscaping at each one.
Thank you for considering my perspectives,
cc: Planning and Zoning Commission
Mayor and City Council
Dianne McWethy, Interim City Manager
Attachment 2
Addition of Easement and Riaht-of-Wav Encroachment Requlation
The following regulation to standardize easement and right-of-way encroachments
will be inserted as a new Section 8.14.1:
Section 8,14,1
Easement and Riqht-of-Wav Encroachments
No buildinq /Jermit shall be issued for any structure that encroaches into or
over a /Jub/ic drainaae and/or utility easement or /Jub/ic riqht-of-wav, unless an
easement encroachment and joint use aqreement has been a/J/Jroved in
accordance with the /Jrocedures contained in this Section,
1, The a/J/Jlicant must submit a written a/J/Jlication on forms furnished bv
the City, toqether with the a/J/Jro/Jriate filinq fee, statinq the reason for
the /Jro/Josed encroachment, Said a/J/Jlication must contain the
sianature of the /Jro/Jerlv owner or leaal aqent of the /Jro/Jertv owner
where the encroachment is /Jro/Josed or of the /Jro/Jertv that is adjacent
to the right-of-wav where the encroachment and joint use ;s /Jro/Josed,
2, The a/J/Jlicant must /Jrovide a metes and bounds descri/Jtion indicatinq
the exact location of the encroachment and a /J/ot /J/an showing the
nature of the im/Jrovements /Jro/Josed within the encroachment area,
3, The a/J/Jlication must include written documentation siqned bv al//Jublic
utility com/Janies, includina the City of Col/evville Enqineering
De/Jartment, indicatinq their consent to the encroachment and joint use
of the easement or riaht-of-wav, All /Jublic utility com/Janies must
a/J/Jrove the encroachment reQuest before any consideration is given bv
the City of Collevville,
'0
4, No notification of adjacent /Jro/Jerties is reQuired unless, the City
Manaqer, or desianated official, determines that the encroachment or
ioint use has a direct impact on the adiacent properties,
5, An application reauestina an easement encroachment may be approved
bv the City Manaaer or other desianated official, A/J/Jlications
reQuesting a riaht-of-wav encroachment reQuire a/J/Jroval bv the City
Council,
6, U/Jon a/J/Jroval of the reauest, documents shall be filed in the Tarrant
County Deed Records,
7, The a/Jplication fee shall be set bv se/Jarate ordinance a/J/Jroved bv the
City Council,
- -
Attachment 3
Revision to Divided Entrvwav Reaulation
The following revisions are proposed for Section 9.17.8.11. New text is shown in
"bold/italics/underlined" and the deleted text shown as "strikethrough".
11. Dil/ieBe Number of Subdivision Entrvwavs - Where a proposed subdivision,
or cul-de-sac street, contains more than twelve (12) lots aRe is SSPJBe 8;' a
BiR~IB BRtry lesatieR, there shall be two entrvwavs into the development,
a, If it is phvsicallv impractical or otherwise impossible to provide two
entrvwavs, a sinale entrvwav may be proposed, provided an
emeraencv access easement that meets the standards of the Land
Development Code is included on an adiacent or opposite side of the
subdivision from the main entrvwav,
b, If it is phvsicallv impractical or otherwise impossible to incof1Jorate
an emergency access easement, the following alternative may be
considered bv the approvina body:
(j} A divided entrvwav may be constructed at the main entrvwav,
The drivina surfaces of the two entrvwavs shall be separated a
minimum distance of one-hundred (100) feet between the
centerlines of the driving surfaces, The drivina surfaces shall be
a minimum of thirty-one (31) feet in width and the area situated
between the two driving surfaces shall extend back from the
intersectina street riaht-of-wav a minimum distance of one-
hundred (100) feet,
c, If it is phvsicallv impractical or otherwise impossible to incof1Jorate a
divided entrvwav, the followina alternative may be considered bv the
approvina body:
(j} A sinale pavement width of forty-one (41') feet shall be
constructed, Said pavement shall extend back from the
intersectina street riaht-of-wav a minimum distance of one-
hundred (100') feet, All residences within the subdivision shall
contain fire-sprinkler systems,
d, If it is phvsicallv impractical or otherwise impossible to satisfy the
above-stated reauirements. an alternative desian may be submitted
to the City for consideration, The approvina body may approve the
alternate desian if it finds that the above-stated reauirements cannot
be satisfied and that all efforts have been made bv the developer to
complv with said reauirements,
Tl:Isr>s sl:lall 8S aR SR=lSr>{tSRSY asssss tl:lat R=l88tS tl:ls staReares sf tl:lis b.aRa
Q8\'slsfi)FR8Rt Cses. .'\R altsrRati'/s essigFl FRa~' iFlslwes 8itl:ler sf tl:ls f8I1Bv:iFl~r
fO (}Q 1181 .' 11..<1 fJ.'{}(})
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~
8. a eiviees eRtr;y/:a~' witR WJe eriviR{t swrtas8s RSt 18ss tRaFl tRi~y SRe (~1)
fest iFl 'NietR. TI:I8 s8fiaFatisFl 88WJ88F1 tRS s8Rt8rliR8s sf tR8 sriviFl!j
swFfaS8S sRall RSt 88 less tRaFl 1 gg fS8t. TR8 FR8eiaFl sRall B><<BRe egek
frsFR tRS iRt8rs8etiR{t str8st Fi{tRt sf \':ay a FRiRiFRWFR eistaRss ef BRe
I:IwReFBB (1 gg) fS8t.
e. aFl altElr>RatEl eElSi{tFl tRat is a8sEl~taelEl tEl tRe f;irEl MarsRal ems tRB
al!lfi)FEI':iFl!j sear.
-,
- -
Attachment 4
Revision to Drivewav Spacing Regulation
The following revisions are proposed for Section 14.7.C. The shaded blocks will be
replaced with un/a" in the appropriate places.
14,7,CDriveway Spacing and Design Standards
The criteria contained in the following table shall be the minimum and/or maximum standards to be
applied in spacing and designing driveways on public streets. The Director of Public Services may
modify these standards based on anticipated traffic flow and in accordance with sound traffic
engineering practices.
Driveway Spacing and Design Criteria
Description
Driveway Throat Width
Driveway Curb Radius
Driveway Spacing
(centerline)
Minimum Distance
from Driveway to
Intersection
;
Street
Classification
Local
Minor Coli.
Major Coil.
Arterial
Local
Minor Coli.
Major Coil.
Arterial
Local
Minor Coli.
Ma'or Coil.
Arterial
Local
Minor Coil.
Major CoIl.
Arte ria I
Max.
35'
35'
35'
35'
20'
20'
20'
30'
Attachment 5
PlanninQ and ZoninQ Commission Minutes 05/14/01
2. PUBLIC HEARING - An amendment to the Colleyville Land Development Code
regarding Divided Entryways; Driveway Spacing; and. Easement & Right-of-Way
Encroachments. Case Z-01-0 10
Barry LeBaron presented the case to the Commission and reviewed the staff briefing.
He stated that there were three items being proposed for revision at this time. The first
item involved the establishment of a formal process for handling easement and right-ot-
way encroachments. The second item involved revisions to the subdivision regulation
associated with divided entryways. This item was being modified at the request ot the
Fire Department. The third item involved a revision to the table in the Land
Development Code the established minimum driveway spacing. The table is being
revised to delete the maximum driveway spacing since it was originally inserted by
error. Chairman Hart opened the public hearing. Mike Johnson, Fire Chief, spoke
regarding his concern over the divided entryway regulation, which allowed a developer
to utilize alternatives to providing an emergency access easement as a secondary entry
into a subdivision in case the primary entrance was blocked during an emergency
situation. Comments from the Commissioners suggested that the title of the regulation
be changed to more accurately reflect the objective of the regulation.
Following discussion, Commissioner Gasper moved to table the case until the next
meeting and continue the public hearing, Commissioner Wall seconded the
motion, The vote being:
Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hill, Hart
Noes: None
-. -
ORDINANCE 0-01-1280
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 8 - PLAT REVIEW PROCEDURES, CHAPTER 9 - SUBDIVISION
DESIGN & PUBLIC FACILITIES, AND CHAPTER 14 - ENGINEERING
DESIGN STANDARDS, OF THE LAND DEVELOPMENT CODE, AS
AMENDED, BY APPROVING PROCEDURES FOR EASEMENT AND RIGHT-
OF-WAY ENCROACHMENTS, AMENDING REGULATIONS FOR DIVIDED
ENTRYWAYS, AND AMENDING REGULATIONS FOR DRIVEWAY SPACING;
PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND AUTHORIZING PUBLICATION,
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-
1214 on April 18, 2000, to adopt the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain
portions of the Land Development Code; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission
was published in a newspaper of general circulation in Colleyville at
least 15 days before such hearing; and
WHEREAS, notice of a public hearing before the City Council was published in
a newspaper of general circulation in Colleyville at least 15 days
before such hearing; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
forwarded its report and recommendation to the City Council for
consideration.
;.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec 1. THAT Chapter 8 - Plat Review Procedures of the Land Development
Code, as amended, is hereby amended to insert a new Section 8.14.1
- Easement and Right-of-Way Encroachments which shall read as
follows:
Section 8.14.1 Easement and Right-of-Way Encroachments
No building permit shall be issued for any structure that encroaches
into or over a public drainage and/or utility easement or public right-
of-way, unless an easement encroachment and joint use agreement
has been approved in accordance with the procedures contained in
this Section.
- -.
Ordinance 0-01-1280
Page 2 of 5
1. The applicant must submit a written application on forms
furnished by the City, together with the appropriate filing fee,
stating the reason for the proposed encroachment. Said
application must contain the signature of the property owner or
legal agent of the property owner where the encroachment is
proposed or of the property that is adjacent to the right-of-way
where the encroachment and joint use is proposed.
2. The applicant must provide a metes and bounds description
indicating the exact location ot the encroachment and a plot plan
showing the nature ot the improvements proposed within the
encroachment area.
3. The application must include written documentation signed by all
public utility companies, including the City of Colleyville
Engineering Department, indicating their consent to the
encroachment and joint use of the easement or r-ight-of-way. All
public utility companies must approve the encroachment request
before any consideration is given by the City of Colleyville.
4. No notification of adjacent properties is required unless, the City
Manager, or designated official, determines that the
encroachment or joint use has a direct impact on the adjacent
properties.
5. An application requesting an easement encroachment may be
approved by the City Manager or other designated official.
Applications requesting a right-ot-way encroachment require
approval by the City Council.
6. Upon approval of the request, documents shall be filed in the
Tarrant County Deed Records.
7. The application fee shall be set by separate ordinance approved
by the City Council.
See 2. THAT Chapter 9, Section 9.17.8, Paragraph 11 - Divided Entryways of
the Land Development Code, as amended, is hereby re-titled and
amended to read as follows:
11. Number of Subdivision Entrvwavs - Where a proposed
subdivision, or cul-de-sac street, contains more than twelve (12)
lots, there shall be two entryways into the development.
-* -.
Ordinance 0-01-1280
Page 3 of 5
a. If it is physically impractical or otherwise impossible to provide
two entryways, a single entryway may be proposed I provided
an emergency access easement that meets the standards of
the Land Development Code is included on an adjacent or
opposite side of the subdivision from the main entryway.
b. If it is physically impractical or otherwise impossible to
incorporate an emergency access easement, the following
alternative may be considered by the approving body:
(i) A divided entryway may be constructed at the main
entryway. The driving surfaces of the two entryways shall
be separated a minimum distance of one-hundred (100)
feet between the centerlines of the driving surfaces. The
driving surfaces shall be a minimum of thirty-one (31) feet
in width and the area situated between the two driving
surfaces shall extend back from the intersecting street
right-of-way a minimum distance of one-hundred (100)
feet.
c. If it is physically impractical or otherwise impossible to
incorporate a divided entryway, the following alternative may
be considered by the approving body:
(i) A single pavement width of forty-one (41') feet shall be
constructed. Said pavement shall extend back from the
intersecting street right-of-way a minimum distance of
one-hundred (100') feet. All residences within the
subdivision shall contain fire-sprinkler systems.
.' d. If it is physically impractical or otherwise impossible to satisfy
the above-stated requirements, an alternative design may be
submitted to the City for consideration. The approving body
may approve the alternate design if it finds that the above-
stated requirements cannot be satisfied and that all efforts
have been made by the developer to comply with said
requirements.
Sec 3. THAT Chapter 14, Section 14.7, Paragraph C - Driveway Spacing and
Design Standards, of the Land Development Code, as amended, is
hereby amended to read as follows:
Sec4.
'.
Sec 5.
Ordinance 0-01-1280
Page 4 of 5
14.7.C DRIVEWAY SPACING AND DESIGN STANDARDS
The criteria contained in the following table shall be the minimum
and/or maximum standards to be applied in spacing and designing
driveways on public streets. The Director of Public Services may
modify these standards based on anticipated traffic flow and in
accordance with sound traffic engineering practices.
Drivewa, Spacing and Desian Criteria
Residential Commercial
Description Street Driveway Driveway
Classification Min. I Max. Min. .1 Max.
Driveway Throat Width Local 12' 25' 25' 35'
.-
Minor CoiL 12' 25' 25' 35'
, Major CoiL 12' 25' --~..~~--
Arterial __---1?~~~__~5~____~,~~
Driveway Curb Radius Local 5' 10' ._.J,9~_._2g',,_
Minor CoiL 5' 10' 10' 20'
Maior CoiL 10' 10' , 10' . 20'
Arterial 15' 15' 20' 30'
,
Driveway Spacing Local 22' j nla 100' nla
(centerline) Minor CoiL 32' nla 100' nla
, Major CoiL . 80' nla 150' nla
Arteria I 100' nla 250' nla
----~_._... ,-
Minimum Distance Local 30' nla 75' , nla
.,---+--.,..,,'--
from Driveway to Minor CoiL 50' nla 100' nla
Intersection i Major CoiL 100' nla 150' nla
, 180'
Arterial 100' nla nla
THAT Ordinance 0-00-1214, the Land Development Code, as
amended, shall remain in effect, except where amended by this
ordinance.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
- -.
Ordinance 0-01-1280
Page 5 of 5
Sec6.
THAT any person, firm or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
Sec 7.
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
Planning & Zoning Commission
Minutes - June 11, 2001
Page 1 of 6- Approved on June 25, 2001
The regular meeting of the Planning and Zoning Commission was called to order by Chairman
Hart at 7:00 P.M. on June 11,2001.
Roll Call:
Present:
Tom Hart, Jo Ann Gasper, Luann Edwards, Mark Hollis,
Jeffrey Wall, Bryan Hill
Clayton Husband, Jan Levy
Staff:
Invocation:
Commissioner Wall
Approval of Minutes:
May 29,2001
Commissioner Gasper moved to approve the minutes, Commissioner Wall seconded the
motion, The vote being:
Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart
Noes: None
Commissioner Gasper moved to change the order of the agenda and take items #3 and #4
first. Commissioner Wall seconded the motion, The vote being:
Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart
Noes: None
1. Minor Plat of Lot 5, Block 1 & Lot 2, Block 2, Kaybird Addition, requested by Bud Sellers, on
0.9835 acres located at the northwest and southwest corners of Colleyville Boulevard and
Centerpark. Case P-01-017
Clayton Husband presented the case to the Commission and discussed the agenda.
Commissioner Edwards moved to approve the minor plat, Commissioner Gasper
seconded the motion. The vote being:
Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart
Noes: None
2. Minor Plat of Burton Addition, requested by David Reaves, Grant Engineering, on 1.716 acres
located at 4405 Bowman Drive. Case P-01-017
Clayton Husband presented the case to the Commission and discussed the agenda.
Commissioner Edwards moved to approve the minor plat. Commissioner Gasper
seconded the motion, The vote being:
Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart
Noes: None
Planning & Zoning Commission
Minutes - June 11, 2001
Page 2 of 6- Approved on June 25, 2001
3. PUBLIC HEARING - Zoning Change requested by Bob Combs, from AG Agricultural and R20
Single Family Residential to R30 Single Family Residential on 2.2 acres located on the west
side of the road at 6108 Hunter Lane. Case Z-01-013
Clayton Husband presented the case to the Commission and discussed the staff briefing.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Bob Combs, applicant, 6108 Hunter Lane said that he wants to build on the north side of his
existing house. He did say that he would continue to reside at the existing residence. There
being no one else present wishing to speak, the public hearing was closed.
Commissioner Gasper moved to recommend approval of the zoning change from AG and
R20 to R30. Commissioner Hill seconded the motion. The vote being:
Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart
Noes: None
4. PUBLIC HEARING - Zoning Change requested by Raman Chandler, from PUD-C for
institutional use to PUD-R Planned Unit Development-Residential & CC2 Shopping Center on
43.891 acres located at the south side of McDonwell School Road and the east side of
Precinct Line Road. Case Z-01-014 - Westgate
Clayton Husband presented the case to the Commission and discussed the staff briefing.
The Commissioners asked questions about the percentage of commercial land left in the City.
Mr. Husband responded that this project would remove approximately 15%. The Commissioners
discussed large homes requiring less yard maintenance and the letter regarding the site plan not
being a preliminary plat, but conceptual in nature.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Raman Chandler, applicant, discussed the location of the site and the uniqueness and difficulties
associated with developing the property. He made comparisons to the Villas at Caldwell's Creek
and how the development is designed for empty nesters and as a transition from the residential
development to the east to the commercial to the west. He told the Commissioners about the
design plans for the residential development.
Mr. Chandler discussed the future taxable value of the commercial property and the positive
impact the residential development will have on the future commercial development. He gave the
history of the property and told the Commissioners that he met with the homeowners in
Remington Park and they have mutually agreed on the future development. He said that based
on the appropriate use of the property, he had the full support of Remington Park.
The Commissioners discussed the potential commercial use of the property and if the efforts
would be premature since commercial development along Precinct Line Road could be several
years away. They discussed the cabinet shop that is in business. Mr. Chandler said that they
Planning & Zoning Commission
Minutes - June 11,2001
Page 3 of 6- Approved on June 25, 2001
indicated that their business was successful and they did not want to sell their property at this
time.
Mr. Chandler said that the proposed golf center with a driving range would be used during an
interim holding period. He said that it would have a par three nine-hole practice course and a pro-
shop. He said that when the market is right he will develop the property for commercial use. Mr.
Chandler said that the sales taxable revenue would meet or exceed Albertsons or Krogers.
The Commissioners asked about lighting the driving range and Mr. Chandler said that he would
meet the code requirements by using hooded lights. There was discussion about the layout of
the golf course.
Discussion ensued about the potential purchase of the Deaton's property. The developer
discussed the demand for a business like the one he is proposing in the area. He said that during
the summer, the business will be open unti/10:00 p.m. and the practice course will be open during
daylight hours. Mr. Chandler said that he would employ approximately five full time employees
and three part time employees.
The Commissioners and Mr. Chandler discussed the business design. Mr. Chandler said that
there would be a link style course with rolling terrain similar to St. Andrews being a park in the
center of town. He said there would be an income stream until the commercial property develops
and he did not want to be locked into a PUD. There was discussion about right-of-way on
McDonwell School Road; entrance design for the gated residential portion; topography; and
drainage.
Robert Putman, Remington Park Homeowners Association President, said that they met five times
with the developer and agreed on the design concept and referenced the letter from the
Association that they want attached to the approving ordinance.
Steve Martin, 813 W. Lavaca Trail, spoke about the inappropriate size of the lots. He said that
50' x 120' is approximately the size of the City Hall building. Mr. Martin said that Lavaca trail has
5-acre tracts and the homeowners on Lavaca Trail should enjoy the same rights and benefits as
Remington Park residents. He said that this may be good for Haltom City but not for Colleyville.
He said that he was not in favor of the zoning change.
Mark Henderson, 302 Oak Lawn, spoke in favor of the change. He said that the residential
provided a buffer and there is a need for the golf range. He said that it would add value until
Precinct Line is ready for commercial development.
Richard Newton, 6107 Lansford Lane, spoke about the Master Plan and how the City should take
care to follow the Master Plan. He said that there are six or seven components of the Master Plan
that are being violated by this development and there is no reason stated by the developer why
it could not be followed. He raised the issue the ability to control the future development of the
property and the possibility of including deed restrictions and the developer agreement into the
approving ordinance. He said that the plan is conceptual in nature and is not a preliminary plan
and how it could allow for a lot of changes.
Planning & Zoning Commission
Minutes - June 11, 2001
Page 4 of 6- Approved on June 251 2001
Andrew Mintag, 901 Lavaca Trail, commended the Commissioners for their watchful development
of the community. He asked them to not only think about tax dollars today, but to also consider
the value in the quality of life and how they should be living twenty years in the future. He asked
the Commissioners to consider what they want the town to look like in the future.
Marty Gore, 809 Lavaca Trail, spoke in opposition. He said that the plan is turning a nice quiet
community to a high density city. He said that Remington Park was designed as a nice offset to
the five-acre lots on Lavaca and now smaller lots are proposed to increase the economic
conditions for the developer. He said that this would be lowering the high standards from 1.8 du
to 3. He said that the design of the golf course did not make sense with 1/3 of the holes on one
side of the course and the development will take away the aesthetic beauty of the area.
Jeff Zimmerman, 712 Lavaca Trail said that he had concerns about the shrinkage of lot sizes and
the high density. He said that he had concerns about the developer only using the commercial
property for five years as a golf center and then tearing down the structures.
Mike Deaton, 114 Quail Run said that their business has been flooded out five times on Precinct
Line Road. He said that the future development would put a lot of water on Lavaca Trail residents
and the drainage concerns need to be addressed.
Linda Baker, 404 McDonwell School Road, said that the developer has proposed the same plan
as before, but with some minor tweaking. She said that she is opposed to small lots for empty
nesters, because this is not an empty nester area of town as it is very rural. She said that the
Master Plan should be followed and create business on both sides of the thoroughfare. She said
that if the residential area of Westgate is developed, the future residents will want a buffer from
the potential commercial area and if the trend continues, there will not be any commercial area
left. Ms. Baker said that Clairmont was forced to put in a turn lane on McDonwell School Road
because the road is dangerous and this development should put one in. She told the
Commissioners not to be deceived and give up control of the commercial development and
thoroughfare plan.
There being no one else present wishing to speak, the public hearing was closed.
Discussion ensued about platting procedures; right-of-way; North Tarrant Parkway; future down
zoning of the area; deed restrictions and the possibility of stating the conditions of the CC-2
zoning in them; CC-2 uses; the inability to control future development of the property; and fencing.
Raman Chandler responded that he could provide a provision in the deed restrictions regarding
the future use of the commercial property. He discussed the difficulties of developing the
property: cost of land; demolition of the existing buildings cost; the transition area; and the
demand for product.
Commissioner Gasper discussed the concept of empty nester dwellings and the relationship of
number of people per square foot versus the number of dwellings per square foot.
-- -
Planning & Zoning Commission
Minutes - June 11, 2001
Page 5 of 6- Approved on June 251 2001
Commissioner Edwards asked Fire Chief Johnston to comment about the development and the
small lots. Chief Johnston responded that the closer the houses are together the more danger
there is of fire going from one to another. He asked the Commissioners to specify that the roofs
need to be constructed of a non-combustible material.
The Commission discussed adding standards for roofs to the ordinance and possibly requiring
in home sprinkler systems. Mr. Chandler said that sprinkler systems cause potential interior water
damage. He said that he would require a 10' side setback on the lots in the center section. They
discussed lot coverage and how the lots that abut Remington Park will be one story.
Commissioner Gasper moved to recommend approval of Z-01-014 with a maximum lot
coverage of 60%; requiring a 6' tall masonry fence along the east and west portion of the
PUD-R; and adding the condition that the roofs be constructed of non-combustible
material, Commissioner Wall seconded the motion,
Commissioner Wall said that Mr. Chandler had told the Commission that the fence would be 8'
tall along the west side of the development.
Commissioner Gasper said that she wants the same material on the east and west sides and her
intent was to assure that they should be the same quality and same type of product.
Commissioner Edwards said that she does not agree with the density.
Commissioner Gasper said that she is sensitive to the aging population.
Commissioner Hill reminded the Commission that this is the same application as they denied by
a six to zero vote on the previous PUD-R and a six to one vote on the CC-2 portion. He said that
there is a density problem with the Villas and the open-ended use in CC-2. He said that the
zoning change is requested as a packaged deal and they cannot vote on them individually.
.-
Commissioner Edwards said that she agreed with Commissioner Hill and has a problem with the
density.
Chairman Hart called for the vote. The vote being:
Ayes: Gasper, Wall
Noes: Edwards, Hollis, Hill, Hart
Commissioner Hart moved to recommend denial of Case # Z-01-014, Commissioner Hollis
seconded the motion, The vote being:
Ayes: Edwards, Hollis, Hill, Hart
Noes: Gasper, Wall
5. Appointment of one (1) member to the Park Land Dedication Committee to replace Joe Hocutt.
Following discussion, Commissioner Hill nominated Commissioner Edwards to the Park
- ---.
Planning & Zoning Commission
Minutes - June 11, 2001
Page 6 of 6- Approved on June 25, 2001
land Dedication Committee, Commissioner Wall seconded the motion, The motion carried
by an "Aye" voice vote,
6. Citizens' comments regarding items not on the agenda: There were none.
7. Staff comments, reports and discussion items: There were none.
8. Commissioners' comments and reports: The Commissioner discussed a letter that was to be
prepared by Commissioner Gasper; future development of North Tarrant Parkway; the zoning
change process; the Master Plan; and PUD's.
ADJOURNMENT:
The Commission moved to adjourn the meeting at 9:10 p, m, The motion was seconded
and passed by acclamation,
Respectfully Submitted,
Jan Levy
Planning & Zoning Assistant
Approved on: June 25, 2001 as submitted.
NOTE: As a matter of public record, an audio recording of the above Planning and Zoning
Commission meeting is available upon request.
.-- -.
RESOLUTION R-01-1813
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
JULY 2, 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
_AYES,
DAY OF
NAYS, AND ABSTENTIONS.
, 2001, BY A VOTE OF
I,
i'
: ATTEST:
I'
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
f, City Secretary
I'
, ,
Donna Arp
Mayor
! !
! '
I
I
I
I'