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HomeMy WebLinkAboutCity Council-Agenda Packets-2/4/2003 City of Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD FEBRUARY 4, 2003 5:15 P.M. - PRE-COUNCIL AGENDA PC.-1. Discussion of proposed amendments to sign regulations PC.- 2. Discussion of February 4, 2003 City Council regular agenda items REGULAR AGENDA 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 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Reverend Kevin Lykins, Pleasant Glade Baptist Church PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2096 - Consent Items: a. Approval of minutes of the regular City Council meeting of January 21, 2003 b. Approval to purchase a % ton Ford truck from Northside Ford of San Antonio through the Texas Local Government Purchasing Cooperative (BuyBoard), in the amount of $25, 237 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1388 - Approval of a City Developer Agreement with the First United Methodist Church 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1389 - Approval of a Special Use Permit for Alcoholic Beverage Sales at Town Center Colleyville, located on the southeast corner of Hall Johnson Road and Colleyville Boulevard in the 5500-5700 block, Case Z -03-001 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1390 - Approval to rescind 0-93-915 and exempt a portion of the market value of resident homesteads of persons sixty-five years of age or older and disabled persons from ad-valorem taxes, rendered after the passage of this ordinance 7. READING AND PUBLIC HEARING - Resolution R-03-2097 - Approval of a waiver of sidewalk construction requirements on Lot 1, Block 1, Stephens Addition, located at 612 Shelton Drive, Case P-03-002 8. READING AND PUBLIC HEARING - Resolution R-03-2098 - Approval of a waiver of a Special Use Permit application fee for an accessory building requested by Terry Grisso 9. READING AND PUBLIC HEARING - Resolution R-03-2099 - Calling a general election for the purpose of electing a Mayor and Councilpersons to Places 1 and 2 10. READING AND PUBLIC HEARING - Resolution R-03-3000 - Approval of a contract with the Tarrant County Elections Administration for election services 11. REPORTS: TRAFFIC SAFETY ADVISORY TASK FORCE MINUTES - November 4, 2002 PLANNING AND ZONING COMMISSION MINUTES - January 13, 2003 CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 4, 2003 - Reading and Public Hearing - Resolution R-03-3001 ADJOURNMENT: 14. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, January 31, 2003, at 5:00 p.m. c~~~~ 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. PRE-COUNCIL cc:@n<B AGENDA BRIEFING TL~X;l$ MEETING DATE: ITEM # : 02/04/03 PC-1 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW iN/A Previous Action: none DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of proposed amendments to sign regulations, Case G-02-008 At the January 21, 2003, Pre-Council meeting, the City Council discussed the proposed sign regulations and provided input on several types of signs where outstanding issues were remaining. The City Council also directed staff to obtain additional information on residential real estate signs before making a decision regarding the proper size for real estate signs. Staff completed a neighborhood survey and measured several real estate signs. The draft sign ordinance amendments have been revised to incorporate those comments offered at the January 21, 2003, Pre-Council meeting and the residential real estate sign regulations have been revised to reflect the information obtained from the most recent real estate sign survey. Attached is a revised draft copy (Attachment 1) of the entire sign regulations incorporating the most recent comments and suggestions. The following is a summary of the changes made since the January 21,2003, Pre-Council meeting. 1. General Business Siqns - Most of the comments offered by the City Council favored the provision to require either a brick base or brick columns for all monument signs. Section 150.AA of the revised draft sign regulations (Attachment 1) includes this requirement. At the January 21, 2003, Pre-Council meeting, there appeared to be a general consensus favoring the maximum size of 112 square feet and a maximum height of eight feet for business monument signs. The consensus for this size came during the discussion and pictorial review of several existing monument signs located along Colleyville Boulevard. Attachment 2 contains a photograph of an existing sign, which generally meets the above referenced criteria. The attachment includes drawings of the proposed regulations for monument signs. 2. Multi-familv Siqns - One comment was offered regarding the maximum size allowed for multi-family monument signs. Staff had included a recommendation for these signs to not exceed 45 square feet with a maximum height of 5 feet. This recommendation was made to keep all the monument signs the same size from one category to the next, except for monument signs for commercial businesses. Pre-Council Briefing Page 2 of 2 The current regulations limit multi-family signs to 25 square feet with a maximum height of 10 feet. Staff has revised the maximum size of multi-family monument signs to the 25 square feet to keep the size limit the same as the current regulation. However, the .maximum height is proposed to have a 5-foot limitation. 3. Residential Real Estate Siqns - As directed by the City Council, staff measured four residential real estate signs to determine the appropriate maximum size include in the draft sign regulations. While touring several neighborhoods, staff noticed a number of real estate signs, but intentionally sought out some of the largest typical examples. Shown on Attachment 3 are photographs of the four signs included in the survey and the dimensions for each sign. Staff recommends the size for residential real estate signs be 6' in height and 12 s.f. in area. 4. Weekend Builder I Real Estate Open House Siqns - The proposed regulation for weekend builder I real estate open house signs has been revised to retain the current maximum area of 6 s.f. with a maximum height of 4 feet. The regulations have also been revised to limit the real estate open house signs located in the right-of-way to three signs. For your information, a residence may also have an on-premises open house sign, but it is not regulated under this section of the ordinance. This section only deals with weekend advertising. 5. Political Siqns - The draft sign regulations have been revised to keep the political sign regulations at twelve square feet, which is the current ordinance provision. Attachment 1 Draft copy of proposed sign regulations incorporating all comments and suggestions from the January 21, 2003 Pre-Council meeting Land Develooment Code (Feb-04-03J City of Collevvi/le, Texas Revised to reflect 01/21/03 Pre-Council comments The purpose of this Chapter is to establish a comprehensive and balanced system of street graphics to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. It is the intent of this Chapter to establish standards, which regulate the design, construction, location, height, size and maintenance of signs and sign structures by authorizing the use of street graphics, which are: A. Compatible with their surroundings; B. Appropriate to the activity that displays them; C. Expressive of the identity of individual activities and the community as a whole; D. Legible in the circumstances in which they are seen; and E. Protective of property values. The regulations contained in this Chapter have been adopted under the authority of the following: A. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorize a municipality to adopt ordinances, rules, or police regulation that is for the good government, peace, or for the trade and commerce of the municipality. B. The Home Rule Charter of the City of Colleyville, which authorize the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Any person seeking approval of a sign or sign structure inconsistent with this Chapter, may request a variance from, or appeal a decision of an administrative official to the Sign Board of Adjustment using the procedures described in Chapter 1 - General Provisions of this Land Development Code. The definitions for this Chapter are found in Chapter 2 - Definitions of this Land Development Code. The permittee, owner, agent, person or persons having the beneficial use of the property, the owner of the land or structure on which the sign is located, and the person in charge of erecting the sign are all subject to the provisions of this Chapter. Chapter 7 - Sign Regulations Page 7 - 1 Land Develooment Code (Feb-04-03) Cftvof Collevvi/le. Texas Any person, firm or corporation violating any provision of this Chapter shall be guilty of a misdemeanor and shall be subject to the penalty provision contained in Chapter 1-General Provisions of this Land Development Code. The following general conditions shall be applicable to all signs, except where a specific provision contained elsewhere in this Chapter specifies a different requirement. A. Compliance Required - No person, firm or corporation shall erect a new sign, or alter an existing sign, or sign structure, unless said sign conforms to the provisions of this Chapter. B. Siqn Area - The sign area permitted in this Chapter shall apply to the maximum size of a single sign face, except where a provision allows an alternate method for calculating sign area. When the two faces of a sign are separated by an angle of twenty (20) degrees or more, the maximum sign area shall be the total of all non-parallel sign faces. C. On-Premises Requirement - All signs shall be located on the same premises where the product or merchandise being advertised is located, except where a specific provision in this Chapter provides for off-premises advertising. D. Maximum Heiqht - In determining the maximum height of a sign, no sign shall be located on a mound where the surrounding grade has been altered by more than eighteen (18") inches for purposes of artificially increasing the overall height of a sign above that allowed by the height regulations in this Chapter. E. Wind Pressure and Dead Load Requirements - All permanent signs shall be designed and constructed to withstand a wind pressure of not less than 35 pounds per square foot of area. F. Siqn Contractor Reqistration - It shall be unlawful for any person, firm or corporation to engage in the business of erecting permanent signs in the city unless such person, firm or corporation is the holder of a valid registration with the City to perform such work. In extending the rights and privileges of such registration, the City of colleyville makes no statement of the technical competency of those registered, and no manner of license is proffered. G. Enqineerinq Requirements and Construction Standards - The construction of all signs shall comply with the structural requirements of the City of colleyville Building Code. Where required by the Code Official, the construction plans shall be signed and sealed by a professional engineer registered in the State of Texas. Any electrical installations shall comply with the City of colleyville Electrical Code. H. Siqns in Riqht-of-Wav Prohibited - No sign shall be erected in a public right-of-way, except where a specific provision allows such location or with the approval by the City Council of a Right-ot-Way Encroachment Agreement. I. Interference with Safety Provisions - No sign shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free ingress or egress of any fire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway. J. Illumination - No sign located in a residential zoning district shall be illuminated, except where illumination is provided by a specific provision in this Chapter. Such sign illumination shall not produce glare or direct illumination across the property lines of the premises. K. Loss of Required Parkinq - No sign shall be constructed within the limits of a parking area that results in a reduction in the number of required parking spaces. Chapter 7 - Sign Regulations Page 7 - 2 Land Development Code (Feb-04-03) City of Collevville. Texas L. Siqns in Planned Unit Developments and property with a Special Use Permit - All signs shall comply with the regulations in this Chapter, unless an ordinance for a Planned Unit Development (PUD) or a Special Use Permit (SUP) contains a specific provision that varies from the regulations in this Chapter. A. Permit Required - No permit shall be issued unless the proposed sign complies with the requirements of this Chapter and furthermore, it shall be unlawful for any person to erect a new sign, relocate, enlarge or replace an existing sign, or sign face, regulated by this Chapter without first obtaining a permit from the Building Permit Office, except where an exemption is specifically provided for in this Chapter. B. Permit Fee - Where a permit is required by this Chapter, no application for a sign permit shall be approved which is not accompanied by an application fee in accordance with the applicable fee schedule. Said fee schedule shall be established by the City Council. The Enforcement Officer shall not issue a sign permit to any person who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this code, until such fees are paid. C. Application for Siqn Permit - An application for a sign permit shall be made in writing upon forms furnished by the Code Official. Such application shall contain sufficient information as determined by the Code Official, including plans of the proposed sign, whereby the Code Official may determine compliance with this Chapter. D. Permit Expiration - A sign permit shall be valid for not more than 180 days from the date of issuance of the permit, except where a specific time period is provided elsewhere in this Chapter. E. Temporary Siqn Permit - Where required by this Chapter, a sign permit for a temporary sign shall be valid only for the period specified by the Code Official. A temporary sign which has not been removed on or before the last day authorized by the sign permit shall be deemed a violation of this Chapter. F. Permit Revocable - The Code Official may suspend or revoke any sign permit issued in error or on the basis of incorrect or false information supplied, or whenever such permit was issued in violation of any provision of this chapter. Any sign constructed that is the subject of a revoked permit shall be removed by the person in control of the sign or premises upon which the sign is located within ten (10) days of written notice of revocation. Notice of revocation shall be deemed to have been received when deposited in the mail, addressed to the owner of the premises, the owner of the sign, and or the tenant for whose benefit the sign is erected as listed on the permit application. G. Inspections - All signs shall be subject to inspection by the Code Official, who shall establish inspection procedures. H. Investiqation Fees - Whenever any work for which a permit is required by this Chapter has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected, whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee. The following signs or forms of advertising shall be exempt from the regulations contained in Chapter: A. Any sign erected by or under the authority of the City of colleyville on property owned by the City of Colleyville. Chapter 7 - Sign Regulations Page 7 - 3 Land Development Code (Feb-04-03) City of Collevville. Texas B. Street identification signs, public notices, and warning signs installed by any City, County, State or Federal agency. C. Residential nameplates or subdivision identification plaques attached to a perimeter screening wall not exceeding two (2) square feet in area. D. Historical markers placed by a city, county, state or national historical preservation organization. E. Official vehicle inspection station signs, holiday lights and decorations, or works of art. F. Signs located on a premise or inside a building and which are not displayed so as to be legible from a public street. These would include, but not limited to, such signs as credit card decals, hours of operation signs, emergency contact information, barber poles, etc. G. On-site traffic control signs on commercial properties, such as Stop, Yield, and similar traffic control signs. H. "No Parking" or "Towing" signs authorized by City Ordinance. I. "No Dumping Allowed" signs posted to deter illegal dumping. J. Underground utility warning signs not exceeding one (1) square foot in size and similar safety signs. K. Signs on railway property, which references the operation of such railway. L. Security Warning, Neighborhood Watch or Crime Watch signs under two (2) square feet. M. Flags, emblems and insignia of any governmental body. N. Corporate flags displayed on a freestanding pole, which do not exceed 35 feet in height. The flag shall not exceed 32 square feet in area. The flagpole shall be setback a minimum of 20 feet from the front property line and 8 feet from the side property line. O. Drive-through menu boards not located in front of the building. 16. Scoreboards, including the identification of donors. A. Permit - A permit shall be required prior to construction of any Permanent Freestanding Sign, except where an exemption is specifically provided in these regulations. A permit shall be required for the removal and replacement of an interchangeable panel for a sign structure designed for such specific purpose. B. Certificate of Occupancy Required - A Permanent Freestanding Sign shall only be allowed where a business exists with a valid Certificate of Occupancy or where a Certificate of Occupancy has been submitted for the premises on which the sign is to be located. C. Construction Standards - The construction of all Permanent Freestanding Signs shall comply with the structural requirements of the colleyville Building Code. No permanent wood signs shall be allowed. D. Illumination - A Permanent Freestanding Sign may be illuminated. All electrical facilities shall require separate electrical permits and shall be installed in accordance with the City of colleyville Electrical Code. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or create a traffic hazard on a public street. When determined necessary by the Code Official, illuminated signs shall be shielded to minimize glare on residentially zoned property. Chapter 7 - Sign Regulations Page 7 - 4 Land Development Code (Feb-04-03) City of Collevville. Texas E. Pedestrian Clearance - No Permanent Freestanding Sign may project over a pedestrian walkway, unless there is a minimum of eight (8) feet of clearance provided from the bottom of the sign to the grade below the sign. F. Public Riqht-of-Way - No Permanent Freestanding Sign shall project over or into a public right-of- way, except where a specific provision in this Chapter provides for a sign within a right-of-ways or with approval by the City Council of a Right-of-Way Encroachment and Joint Use Agreement. A sign may encroach over or into a public access easement that is located on private property, provided a minimum of eight (8') feet of clearance is provided over a walkway and a minimum of fourteen (14') feet of clearance is provided over a driving area. G. Commercial Driveway Visibility Trianqles - No sign, including the pole of a sign, shall be erected or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle located on each side of a commercial driveway which intersects with a public street right-of-way or public access easement. The triangular area shall be formed by extending from the imaginary intersection point of the street right-of-way line with the edge of the driveway a distance of fifteen (15) feet and connecting these points with an imaginary line, thereby making a triangle. Within this triangle, vision shall be clear at elevations between thirty inches (30") and nine feet (9') above the average curb grade. 4curb Line ---------- ------ ~.--I .. ..... :.'.: . .:< ~ _L_s~eet Right-of-way Visibility triangle to be kept clear of signs between 30" and 9' above average curb grade Commercial driveway & curb cut Commercial Driveway Visibility Triangle H. Attachments to Freestandinq Siqn - No guys, braces, attachments, banners, flags, balloons, or other similar devices shall be attached to any permanent freestanding sign. No Permanent Freestanding Sign shall be constructed or displayed unless said sign is in compliance with the sign classifications and standards contained in this Section. A. General Business Siqns - The purpose of a General Business Sign is to identify the name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located. A General Business Sign may provide advertising for a single or multi-tenant occupancy. All General Business Signs shall be subject to the following additional regulations: 1. Construction Design: All General Business Signs shall be designed and constructed as a monument sign as defined in this Land Development Code. 2. Districts Permitted: General Business Signs shall be allowed only in zoning districts in accordance with Table 7-1. 3. Maximum Number: One General Business Sign shall be allowed for each 250 feet of street frontage, or portion thereof, for each lot. Where a building encompasses more than one lot, each lot shall qualify for a General Business Sign. If the site is a corner lot, each frontage shall be allowed additional signs using the same formula described in this paragraph. The sign(s) shall be located adjacent to and within the qualifying street frontage. Additional signs are not permitted by adding different street frontages to total more than 250 feet. 4. Specifications: The maximum area, height, spacing and setbacks of a General Business Sign shall be in compliance with the specifications contained in Table 7-2, except where provided as follows: a. Maximum Area: One-hundred and twelve square feet (112 s.f.), overall structure size. However, the area of a General Business may be increased at the rate of one (1) square Chapter 7 - Sign Regulations Page 7 - 5 Land Development Code (Feb-04-03) City of Collevville. Texas foot of additional sign are for each two (2) linear feet of street frontage over 250 feet, provided the sign area does not exceed one hundred and fifty (150) square feet. The increase of additional sign area shall be applicable to all General Business Signs located on the lot and situated on the same street frontage. b. Base and Column Requirements: At a minimum, a General Business Sign shall be constructed to include either a base or columns as described below, provided nothing herein shall prohibit a General Business Sign from including both a base and columns. i. Base Option: A General Business Sign constructed with the base option shall have a base that extends the entire length of the face of the sign structure. Said base shall be a minimum of eighteen inches (18") in height and shall be constructed of brick, stone or of a material similar to that of the primary building on the lot. 100------- 14' ~ r <oil r~ 18" Base~ General Business Sign with base Max. Structure size 112 s. f. ~ ii. Columns Option: A General Business Sign constructed with the columns option shall have a column constructed on each end of the face of the sign structure. Said columns shall be a minimum of eighteen inches as viewed from any elevation and extend the entire height of the face of the sign structure. Said columns shall be constructed of brick, stone or of a material similar to that of the primary building on the lot. I" T <0 1~ Max. Structure size 112 s. f. _18" Column each end 14' "I ~ General Business Sign with columns III. Sign Face Offset Requirement: The vertical plane of the advertising image area shall be offset a minimum of two inches (2") from the vertical plane of the base and/or columns required above. iv. Non-compliant Signs: A General Business Sign that does not meet the requirements of this Section shall be limited to seventy c. Maximum Height: Eight feet (8'). Where a street frontage exceeds 250 feet, the height of a General Business Sign may be increased at the rate of one foot (1') of additional sign height for each additional twenty-five feet (25') of lot frontage over 250 feet, not to exceed fifteen feet (15') in height. The increase of additional sign height shall be applicable to all General Business Signs located on the lot and situated on the same street frontage. d. Minimum Setback: Eight feet (8') from an abutting street right-of-way. Thirty feet (30') from any side or rear property line adjacent to another property. e. Minimum Thickness: The advertising image area of a General Business Sign shall not be less than four and one-half inches (4-%") between vertical face planes. f. Landscaping: Where a General Business Sign is constructed with an open area between the ground and bottom of the sign face, there shall be planted and maintained sufficient live shrubs to cover such opening. 5. Changeable Reader Board: A General Business Sign may include a changeable reader board area, provided the combined gross surface area does not exceed the maximum sign area and provided that no more than fifty (50) percent of the maximum allowable sign area may be used as a changeable reader board area. A permit is not required to change the message on a changeable reader board. For purpose of this regulation, a changeable reader board may include an electronic message area. 6. Spacing: A General Business Sign shall be a minimum of one hundred (100) feet from another General Business Sign situated on the same lot. 7. Two Frontage Lots: A lot that abuts two (2) or more street frontages shall be allowed a General Business Sign for each street frontage, provided the minimum spacing requirements are in Chapter 7 - Sign Regulations Page 7 - 6 Land Development Code (Feb-04-03) compliance. City of Collevville, Texas B. Institutional Siqns - These regulations provide for on-premises and off-premises Institutional Signs to assist the public with the location of these types of uses. 1. On-Premises Institutional Sign: The purpose of an On-Premises Institutional Sign is to identify schools, churches, hospitals or similar public or quasi-public institutions. One On-Premises Institutional Sign per street frontage shall be allowed on the premises where the institution is located and in accordance with Table 7-1. All On-Premises Institutional Signs shall be constructed as a monument sign as defined in this Land Development Code. The maximum area, height, spacing, and setbacks of an On-Premises Institutional Sign shall be in compliance with the specifications contained in Table 7-2, provided that an On-Premises Institutional Sign located within a commercial zoning district may comply with the requirements of a General Business Sign. Max. Area T 45 s. f. lo Institutional Sign (On-premises) a. Minimum Setback: Eight feet (8') from an abutting street right-of-way and thirty feet (30') from any side or rear property line adjacent to another property. b. Minimum Thickness: No On-Premises Institutional Sign shall be less than four and one-half inches (4-%") between vertical face planes. c. Changeable Reader Board: An On-premises Institutional Sign may include a changeable reader board area, provided the combined gross surface area does not exceed the maximum sign area and provided that no more than fifty (50) percent of the maximum allowable sign area may be used as a changeable reader board area. A permit is not required to change the message on a changeable reader board. For purpose of this regulation, a changeable reader board may include an electronic message area. 2. Off-Premises Institutional Sign: The purpose of an Off-Premises Institutional Sign is to provide direction to a school, church, hospital or similar public or quasi-public institution. All Off-Premises Institutional Signs shall be placed on private property with the permission of the property owner. No more than two (2) Off-Premises Institutional Signs shall be allowed per institution. The signs shall not exceed sixteen (16) square feet in area nor exceed five (5) feet in height. An Off-Premises Institutional Sign is not required to be constructed as a permanent monument sign. C. Multi-familv Siqns - The purpose of a Multi-family Sign is to identify the name of a multi-family residential development. All Multi-family Signs shall be constructed as a monument sign as defined in this Land Development Code. One Multi-family Sign per street frontage shall be allowed in zoning districts in accordance with Table 7-1. The maximum area, height, spacing, setbacks of a Multi-family Sign shall be in compliance with the specifications contained in Table 7-2 and the following additional requirements. Max. Area 16 s. f. T it> I Institutional Sign (Off-premises) Max. Area T ln Multi-family Sign 1. Minimum Thickness: No Multi-family Sign shall be less than four and one-half inches (4-W') between vertical face planes. D. Subdivision Monument Siqns - The purpose of a Subdivision Monument Sign is to identify the entryway to a subdivision. All Subdivision Monument Signs shall be constructed as a freestanding monument sign as defined in this Land Development Code. A Subdivision Monument Sign shall not obstruct the vision of automobile drivers entering and exiting the subdivision. Two Subdivision Monument Signs shall be allowed per subdivision entrance. Subdivision Monument Signs shall be Max. Area T lo 45 s. f. Subdivision Monument Sign Chapter 7 - Sign Regulations Page 7 - 7 Land Development Code (Feb-04-03) City of Collevville. Texas allowed in accordance with Table 7-1. Subdivision Monument Signs shall not be located within a public right-of-way except with the approval by the City Council of a Right-of-Way Joint Use Agreement. The maximum area, height, spacing and setbacks of a Subdivision Monument Sign shall be in compliance with the specifications contained in Table 7-2. E. Traffic Directional Siqns - The purpose of a Traffic Directional Sign is to guide vehicular traffic into or out of an institutional or commercial business by identifying the public entrances and exits for vehicular traffic. Two Traffic Directional Signs per entrance or exit shall be allowed in accordance with Table 7-1. The maximum area and height of a Traffic Directional Sign shall be in compliance with the specifications contained in Table 7-2, Traffic Directional Sign The following Special Purpose Sign Districts are hereby created to provide additional signage provisions that due to special circumstances are not applicable to all locations within the city. A. Freewav Overlav Zone - The area situated within 250 feet from the right-of-way line of State Highway 121 shall be defined as the Freeway Overlay Zone for the purpose of this sign regulation. 1. Freeway Pole Signs: The purpose of a Freeway Pole Sign is to identify the name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located for businesses located adjacent to State Highway 121. Freeway Pole Signs shall be subject to the following regulations. Changeable Reader Board: A Freeway Pole Sign may include a changeable reader board area, provided the combined gross Freeway Pole Sign surface area does not exceed the maximum sign area and provided that no more than fifty (50) percent of the maximum allowable sign area may be used as a changeable reader board area. A permit is not required to change the message on a changeable reader board. For purpose of this regulation, a changeable reader board may include an electronic message area. a. Districts Permitted: A Freeway Pole Sign shall be allowed in zoning districts in accordance with Table 7-1, but only for when the sign is situated within the Freeway Overlay Zone. b. Maximum Number: One Freeway Pole Sign and one General Business sign shall be allowed for each lot. c. Specifications: The maximum area, height, spacing and setback of a Freeway Pole Sign shall be in compliance with the specifications contained in Table 7-2. d. Chapter 7 - Sign Regulations r Max. Area 250 s. f. Ln C'"l J Page 7 - 8 Land Development Code (Feb-04-03) City of Co/levville. Texas No permit for a Permanent Freestanding Sign shall be issued nor shall a Permanent Freestanding Sign be constructed or displayed unless said sign is situated in a district authorized by Table 7-1 below: Table 7 - 1 Allowable Districts for Permanent Freestanding Signs Residential Commercial Special Permit Districts Districts Districts Sign Classification Required (Y or N) It) 0 0 0 w C LL J: 0 Z .... N M ...J C) C ~ N M '<l' D:: D:: ~ ~ D- U U U U ~ <I: ::J D:: D:: D:: D:: U U U U D- General Business Signs Y p P P P P P P (1) Freeway Pole Signs Y (2) (2) (2) (2) (2) (2) (2) Institutional Signs Y p P P P P P P P P P P P P P P P Multi-family Signs Y p (3) Subdivision Monument Signs Y P P P P P P P P P Traffic Directional Signs Y (4) (4) (4) (4) (4) (4) (4) (4) P P P P P P P (1) Notes for Table 7-1: (1) Permitted where the PUD ordinance allows commercial uses (2) Permitted in the Freeway Overlay Zone (3) Permitted where the PUD ordinance allows multi-family uses (4) Permitted for Institutional uses in the applicable districts Legend: 0= Sign permitted in this district ~= Sign permitted in this district per special footnote No permit for a Permanent Freestanding Sign shall be issued nor shall a Permanent Freestanding Sign be constructed or displayed that exceeds the maximum area, height and minimum setback requirements contained in Table 7-2 below: Table 7 - 2 Area, Height and Setback for Permanent Freestanding Signs Minimum Minimum Minimum Maximum Maximum Front Side Spacing Special Type of Sign Sign Sign Property Property BIT Next Conditions Area Height Line Line Free-Stand. Setback (1) Setback Sign General Business Signs 112 s. f. (2) 8 ft. (2) 8 ft. 30 ft. 60 ft. (7) 1 per 250' street frontage Freeway Pole Signs 250 s. f. 35 ft. 8 ft. 30 ft. 60 ft. (7) 1 per lot (3) Institutional Signs (on-premises) 45sf.(4) 5 ft. 8 ft. 30 ft. 60 ft. 1 per street frontage Institutional Signs (off-premises) 16 s f. 5 ft. none none none Maximum of two signs Multi-family Signs 25 s. f. 5 ft. 8 ft. 30 ft. 60 ft. 1 per street frontage Subdivision Monument Signs 45 s. f. 5 ft. Oft. Oft. (5) nfa Maximum 2 per entrance Traffic Directional Signs (6) 6 s. f. 30 inches Oft. Oft. Oft. 2 per curb cut Chapter 7 - Sign Regulations Page 7 - 9 Land Development Code (Feb-04-03) City of Collevville. Texas Notes for Table 7-2: (1) Any street frontage shall be considered a front property line (2) Additional sign area and additional sign height shall be allowed for lots having more than 250' of frontage. (3) Only within 250 feet of Hwy. 121 right-of-way. (4) An on-premises Institutional Sign located in a non-residential zoning district may be constructed in accordance with the General Business Sign regulations for the applicable zoning district. (5) Signs on a street island must be designed to permit appropriate driver visibility- encroachment agreement required. (6) Spacing requirements for Freestanding Signs are not applicable to Traffic Directional Signs. (7) 100 feet between signs when signs are located on the same lot. A. Permit - A permit shall be required prior to construction of any Permanent Attached Sign. B. Illumination - A Permanent Attached Sign may be illuminated. C. Pedestrian Clearance - A Permanent Attached Sign shall maintain a minimum of eight (8) feet of clearance from the bottom of the sign to the grade below over a pedestrian walkway. D. Vehicular Clearance - A Permanent Attached Sign shall maintain a minimum of fourteen (14) feet of clearance from the bottom of the sign over any driving area below the sign. E. Encroachment of Easements or Riqht-of-Way - No Permanent Attached Sign shall project over or into a public easement or right-of-way, except with the approval by the City Council of an Easement Encroachment and Right-of-Way Joint Use Agreement. No permit for a Permanent Attached Sign shall be issued nor shall a Permanent Attached Sign be constructed or displayed unless said sign is situated in a district authorized by Table 7-3. Permanent Attached Signs shall comply with the applicable sign classifications and standards contained in this Section. A. Awninq Siqns - The purpose of an Awning Sign is to provide an advertising message on the face of an awning. An awning may extend across the entire width of a building or tenant space. An awning may extend above the apparent roof line of the building, provided the awning extends across the entire width of the building. An awning shall not exceed six (6) feet in height. The sign area on an awning shall not exceed 20% of the area of the awning and shall extend for no more than 50% of the length of the awning. A permit shall be required for an Awning Sign. Awning signs may be illuminated. B. Canopy Siqns - A canopy sign shall be no greater in size than 20% of the face of the canopy of which it is a part or to which it is attached and shall not extend beyond the face of the canopy either vertically or horizontally. An illuminated strip may be incorporated into the canopy. ISlgn'j =~ H ,i3;,'<~'~ ~ C. Proiectinq Siqns - The purpose of a Projecting Sign is to identify the Canopy Signs name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located by providing an advertising message that is perpendicular to the wall of the building to which it is attached. A Projecting Sign shall be allowed in zoning districts in accordance with Table 7-3 and shall comply with the following additional regulations: 1. Number of Signs: One (1) Projecting Sign shall be allowed for each single tenant building or for each tenant in a multi-occupancy structure. However, no tenant storefront shall have a Projecting Sign in combination with a Wall Sign on the same building elevation. 2. Maximum Area: A Projecting Sign shall not exceed twenty (20) square feet. The plane of the message area shall not exceed eighteen (18) inches from the plane of the message area on the opposite side of the sign. Chapter 7 - Sign Regulations Page 7 - 10 3. Horizontal Projection: A Projecting Sign shall not project more than four (4) feet from any wall facing and shall not be closer than two (2) feet from a curb line. A Projecting Sign shall not extend above the apparent roof line of the building. 4. Clearance: Every Projecting Sign shall be a minimum of eight (8) feet above the grade over a walking area or fourteen (14) feet over a vehicular maneuvering area. Projection Signs shall not project over any property line or right-of-way line. 5. Illumination: A Projecting Sign may be illuminated. Land Development Code (Feb-04-03) City of Collevville. Texas 4'max. Projecting Sign WIlli IT\1 ~. ~ Y, c: 'E Co ? ~. Projecting Sign D. Wall Siqns - A Wall Sign shall only be allowed over the premises which it advertises and may be illuminated; provided, however, illuminated wall signs on rear building facades are prohibited. Wall Signs shall comply with the following additional regulations: 1. Maximum Area: The total area of all Wall Signs on a single tenant building or occupancy space of a multi- tenant building shall not exceed the product of two times the lineal width of the wall on which such signs are located. For purpose of this regulation, on multi-tenant buildings, the width of each lease space shall be used to calculate each sign width. 2. Maximum Height: Six feet (6'), provided that no Wall Sign shall extend above the wall to which it is attached. 3. Maximum Width: Seventy-five percent (75%) of the width of the wall area to which it is attached. When more than one wall sign is used, the combination of the sign widths, when placed side by side, shall not exceed seventy-five (75%) of the width of the wall to which they are attached. !Max. area = L x 2II~e~ga~t r:;-:;-] ~ r:;-:;-] ~ .1 4. Horizontal Projection: No Wall Sign shall project from the vertical plane of the wall more than eighteen inches (18"). E. Subdivision Wall Siqns or Plaques - Subdivision wall signs or plaques shall not exceed 30 square feet in area. Subdivision wall signs or plaques are limited to two per subdivision entryway and may be illuminated. A Subdivision wall sign or plaque shall be attached to a fence or screening wall. For purposes of this regulation, the size of the graphic and sign text shall be used to measure sign size. Chapter 7 - Sign Regulations I Max. 30 s. f. I Subdivision Wall Plaque Page 7 - 11 Land Development Code (Feb-04-03) City of Collevville. Texas No permit for a Permanent Attached Sign shall be issued nor shall a Permanent Attached Sign be constructed or displayed unless said sign is situated in a district authorized by Table 7-3 below: Table 7 - 3 Allowable Districts for Permanent Attached Signs Residential Commercial Special Permit Districts Districts Districts Sign Classification Required (Yor N) It') 0 0 0 w C LL J: 0 Z U N C') ....I C) C a: N C') ~ 0:: 0:: :!: :!: a.. u u u :!: <( =:l 0:: 0:: 0:: U U U u a.. Awning Signs Y p P P P P P (1) Canopy Signs Y p P P P P P (1) Projecting Signs Y p P P P P P (1) Subdivision Wall Signs or Y p P P P P P P P P P Plaaues Wall Signs Y p P P P P P (1) Notes for Table 7-3: Legend: 0= Sign permitted in this district (1) Permitted where the PUD ordinance allows commercial uses ~= Sign permitted in this district per special footnote The following classifications of Temporary Signs shall be allowed, provided such signs comply with the general conditions contained in this Section. A. Aqricultural Siqns - The purpose of an Agricultural Sign is to identify the temporary seasonal sales of produce, crops, animals or poultry that are produced or raised on the farm or ranch on which the sign is placed. Agricultural Signs may be displayed in zoning districts in accordance with Table 7-4. The minimum lot size where an Agricultural Sign may be displayed is one (1) acre. The maximum gross surface area of the sign shall be 32 square feet. Agricultural signs shall have a maximum height of six (6) feet. Max. Area 32 s. f. T Agricultural Sign B. Community Special Event Siqns -The purpose of this regulation is to provide temporary advertising for certain community special events sponsored by public and quasi-public agencies located within the corporate limits of the City of colleyville. Signs shall be allowed in accordance with the following: 1. City of Colleyville: Signs advertising an event conducted and sponsored by the City of Colleyville may be placed on any private property or in the public right-of-way adjacent to the private property with the approval of the adjacent property owner. Signs placed within the public right-of-way shall be situated not more than five feet (5') from the right-of-way line and shall not block vehicular visibility. Signs shall not exceed six (6) square feet in area and four (4) feet in height. Max. Area T 6 s. f. ~ J Community Special Events Sign 2. Grapevine-Colleyville Independent School District: Signs advertising an event conducted and sponsored by the Grapevine-Colleyville Independent School District may be placed on property owned by the Grapevine-colleyville Independent School District, but only on property where the Chapter 7 - Sign Regulations Page 7 - 12 Land Development Code (Feb-04-03) City of Collevville. Texas event is being held. Signs may also be placed within the public right-of-way adjacent to property where the event is being held. Signs placed within the right-of-way shall be situated not more than five feet (5') from the right-of-way line and shall not block vehicular visibility. Signs shall not exceed six (6) square feet in area and four feet (4') in height. 3. Colleyville Area Chamber of Commerce: Signs advertising the colleyville Business Expo sponsored by the colleyville Chamber of Commerce may be placed on any private property or in the public right-of-way adjacent to the private property with the approval of the adjacent property owner. Signs placed within the public right-of-way shall be situated not more than five feet (5') from the right-of-way line and shall not block vehicular visibility. Signs shall not exceed six (6) square feet in area and four (4) feet in height. 4. Duration: Signs for City of Colleyville sponsored events may be erected for any length of time. Signs for Grapevine-colleyville Independent School District and Area Chamber of Commerce sponsored events shall be allowed for seven (7) days prior to the activity and shall be removed not later than the first business day after the activity. 5. Permit: No permit or permit fee shall be required. C. Construction Trades Siqns - The purpose of a Construction Trades Sign is to denote the architect, engineer, financial institution or building trades contractor involved in a construction project. Construction Trades Signs shall be regulated as either commercial or residential, which shall be allowed in accordance with Table 7-4. The maximum area, height, spacing and setbacks of a Construction Trades Sign shall be in accordance with the specifications contained in Table 7-5. Construction Trades Signs shall not be erected until a building permit has been submitted for building construction and shall be removed upon completion of the construction project or occupancy of the structure, whichever is applicable. Construction Trades Signs shall not be illuminated. No permit or fee shall be required for a Construction Trades Sign. D. Development Siqns - The purpose of a Development Sign is to advertise a proposed residential subdivision or commercial project. A Development Sign shall be allowed per in accordance with Table 7-4. A Development Sign shall not be illuminated. The maximum area, height, spacing and setbacks of a Development Sign shall not exceed the specifications contained in Table 7-5. No permit or fee shall be required for a Development Sign, Max. Area 96 S. f. T b Construction Trades Sign (commercial) Construction Trades Sign (reSidential) Max. Area 96 s. f. T b Development Sign A Development Sign shall be removed when the project is 90% complete or within three years from start of construction, whichever is less. For the purpose of this provision, a subdivision shall be deemed 90% complete when 90% of the lots within the subdivision are sold. E. Garaqe Sale Siqns - The purpose of a Garage Sale Sign is to announce the sale of household possessions. Garage Sale Signs shall be allowed in any zoning district in accordance with Table 7- 4. The maximum area, height, spacing and setbacks of a Garage Sale Sign shall not exceed the specifications contained in Table 7-5 and shall comply with the following additional regulations: 1. Duration: A Garage Sale Sign shall not be posted more than twenty-four (24) hours prior to the beginning of the sale and shall be removed within twenty-four (24) hours following the end of the sale. 2. Illumination: A Garage Sale Sign shall not be illuminated. 3. Permit: No permit or fee shall be required for any Garage Sale Sign. Max. Area T 8 s. f. ~ J Garage Sale Sign (residential) 4. Single-family residential on-premises: A Garage Sale Sign shall be located only on the premises where the garage sale is being conducted and where there is an existing residential use. Chapter 7 - Sign Regulations Page 7 - 13 Land Development Code (Feb-04-03) 5. Neighborhood-wide garage sales: Two Garage Sale Signs per subdivision entrance shall be allowed for a neighborhood-wide garage sale sponsored by a Homeowner's Association (HOA). The Garage Sale Sign may be off-premises from where the actual garage sale is conducted, but the sign shall be located on property, including a street right-of-way, that is within the limits of the Homeowner's Association. The HOA must be registered with the colleyville Code Enforcement Department. City of CollevviJle. Texas Max. Area T 32 s. f. (0 Garage Sale Sign (neighborohood wide) F. Home Occupation Siqns - (refer to Chapter 3 of the Land Development Code regarding Home Occupations ). G. Model Home Siqns - The purpose of a model home sign is to provide advertising of a typical completed residential dwelling. A model home sign shall be allowed in any residential zoning district in accordance with Table 7- 4, provided the sign and the model home are located in the subdivision being developed. Model home signs are limited to one per premises. A model home sign shall be issued for a period of 24 months, provided if the model home is sold prior to the expiration of the 24 month period, the sign shall be removed when the sale is completed. The maximum area, height, spacing and setbacks of a Model Home sign shall not exceed the specifications contained in Table 7-5. H. Pole Banners - Pole Banners may be erected on utility and other designated poles within the public right-of-way subject to the following restrictions: 1. A permit is required from the building permit office. 2. Pole banners may only be erected by a non-profit organization for the purpose of advertising a function or event to which the general public is invited. 3. Approved pole banners may be installed for a period of time not to exceed twenty-one (21) days, and must be removed on the first business day after the last day of the event. 4. Pole banner wording is limited to event names and dates only. Any commercial message of a sponsor is limited to twenty-five percent (25%) of the sign area. 5. Pole banners may occupy no more than thirty-five (35) square feet in area per pole, may be no closer than ten feet (10') to the ground, and may have a maximum height of thirty-five feet (35') from the ground. Max. Area T 32s.f. Co Model Home Sign Max. area 35 s.f. r:: ~ o 1 Pole Banner 6. Pole banners may be installed only on poles identified by the City that include the appropriate hardware for such installation. 7. For purposes-of safety and appearance, all pole banners must be designed in accordance with criteria set forth by the city for purposes of safety, etc. 8. Pole banner installation applications must be submitted no later than four weeks prior to the desired installation date to facilitate coordination with other requests for special events. Applications shall be considered on a first-come, first-served basis. I. Political Siqns - A Political Sign shall be allowed in any zoning district. No Political Sign shall be attached to any utility, light, or traffic signal pole. A Political Sign shall not be illuminated. Political Signs shall not be placed upon public property or within any public street right-of-way. No Political Chapter 7 - Sign Regulations Page 7 - 14 Sign shall block vehicular visibility. City of Co/levville. Texas Land Development Code (Feb-04-03! Political Signs shall not exceed twelve (12) square feet in area nor exceed four (4) feet in height. Political signs shall not be erected more than 30 days prior to the date of the election and shall be removed within seven (7) days after said election. The maximum area, height, spacing, and setbacks of a Political Sign shall be in compliance with the specifications contained in Table 7-5. No permit or fee shall be required for a Political Sign. J. Real Estate Siqns (Commercial) - The purpose of a commercial Real Estate Sign is to advertise the sale, rental or lease of the premises on which said sign is located. A commercial Real Estate Sign shall be allowed in accordance with Table 7-4. A commercial Real Estate Sign shall not be illuminated. The maximum area and height of a commercial Real Estate Sign shall be in accordance with Table 7-5. Commercial Real Estate Signs shall be removed within 7 days following the completion of the sale, rental or lease of the premises. No permit or permit fee shall be required for a commercial Real Estate Sign. K. Real Estate Siqns (Residential) - The purpose of a residential Real Estate Sign is to advertise the sale, rental or lease of the premises on which said sign is located. A residential Real Estate Sign shall not be illuminated. A residential Real Estate Sign shall be allowed in a residential district in accordance with Table 7-4. The maximum area and height of a residential Real Estate Sign shall be in accordance with Table 7-5. All signs shall be removed within 7 days following the completion of the sale, rental or lease of the premises. No permit of permit fee shall be required for a residential Real Estate Sign. Max. A~ea T 12 s. f. "t ~ Political Sign Max. Area 96 s. f. T b Real Estate Sign (commerci all Max. Area T 12 s. f. c:o J Real Estate Sign (residential) L. Temporary Business Siqns - The purpose of a Temporary Business Sign is to provide advertising for specific periods of time to identify the name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located. 1. Requirements: Temporary Business Signs shall be in compliance with the following additional regulations: a. Maximum number: One per occupancy. b. Illumination: None allowed. c. Permit Requirements: A Temporary Business Sign permit shall not be valid for more than 30 consecutive days and there shall be a thirty (30) day non-display period between permits. No more than three Temporary Business Sign permits shall be issued per calendar year per business occupancy d. Permit Fee: A permit fee shall be charged for a Temporary Business Sign. The permit fee shall be established by City Council. e. Districts Allowed: Temporary Business Signs shall be allowed in zoning districts in accordance with Table 7-4. 2. Types of Temporary Business Signs: A business tenant may choose anyone of the following types of sign structures: Max. Area 50 s. f. T "' a. Banner Signs: A Banner Sign shall not exceed fifty (50) square feet nor exceed six (6) feet in height. Banners shall be kept in good repair and remain firmly anchored or secured. A Banner Sign may be freestanding or attached to the structure, but shall not be suspended Chapter 7 - Sign Regulations Banner Sign Page 7 - 15 Land Development Code (Feb-04-03) City of Collevville, Texas below the apparent lower edge of an overhanging covered walkway. b. Sandwich Board Signs: The purpose of a Sandwich Board Sign is to provide temporary advertising during business hours of a commercial occupancy. (1). Maximum height and area shall be according to the following table: Maximum heights and areas of Sandwich Board Signs Max. Max. Area Height Located on a sidewalk 8 s. f. 4 feet Located in a yard 24 s. f. 6 feet Q Q (2). Time duration: Only displayed during business hours. r. Sandwich Board Sign ~ (3). Placement: Only allowed on private property, but may be located on a public sidewalk, provided a width of four feet (4') shall remain free from intrusion. M. Weekend Builder I Real Estate Open House Siqns - The purpose of Weekend Builder I Real Estate Open House Signs is to assist the general public by providing direction to available residential properties in colleyville. Signs that advertise developments located outside the corporate limits of colleyville shall be prohibited. 1. Weekend Builder I Real Estate Open House Signs may be placed on private property or in the public right-of-way with the approval of the adjacent property owner, provided the advertiser has a valid annual permit required by these regulations. Signs placed within the public right-of-way shall be situated not more than five feet (5') from the right- of-way line and shall be no closer than three (3) feet from the edge of Weekend Builder the sign to the edge of the street pavement. No Weekend Builder I and Real Estate Open House Sign Real Estate Open House Sign shall block vehicular visibility. Approval of an annual permit does not grant unlimited access or use of the public right-of-way, therefore, it shall be the responsibility of the builder, owner, or real estate agency to secure permission of the property owner for placement of the signs on private property or in the adjacent street right-of- way. 2. A builder, developer, or real estate agency must be registered with the City of colleyville to qualify and participate as a weekend advertiser or for open house signs. An annual permit is required for each builder, developer or real estate agency, which shall expire on December 31 each year. The permit fee shall be established by separate ordinance approved by the City Council. Note: For purpose of this regulation a real estate agency shall be defined as the real estate broker or owner holding a franchised agency. 3. A Weekend Builder I Real Estate Open House Sign shall not exceed six (6) square feet in area and four (4) in height. No sign shall be placed on trees, utility poles, traffic control signs or within a street median or encroach over a sidewalk. 4. Maximum number of Weekend Builder Signs: The maximum number of signs displayed at any one time for a Weekend Builder shall not exceed twenty (20) signs for any subdivision. 5. Maximum number of Real Estate Open House Signs: The maximum number of signs displayed at anyone time by a real estate agency shall not exceed twenty (20) signs, provided no more than three (3) signs shall be displayed within a right-of-way for any single residential property. Real estate open house signs shall be limited to directing traffic to an open house. 6. Except as noted, these signs may be exhibited from 12:00 noon on Friday till 12:00 noon on the following Monday. A holiday falling on a Friday or a Monday will be considered as part of the Chapter 7 - Sign Regulations Page 7 - 16 Land Development Code (Feb-04-03) City of Collevville. Texas weekend. N. Window Siqns - Window signs may be placed so as not to obscure more than 25% of the visible window area. Where multiple windows exist, fronting on the single elevation, the 75% visibility shall be maintained for the total window area on said elevation. O. Temporary Construction Entrance Siqns - The enforcement officer is hereby authorized to approve temporary signs to direct traffic to the entrance of a commercial business when the driveway that provides access to the business or the street immediately abutting the business is under construction. No Temporary Sign shall be displayed unless said sign is situated in a district authorized by Table 7-4 below. Table 7-4 Permitted Districts for Temporary Signs Residential Districts Commercial Districts Special Permit Districts Sign Classification Required (Y or N) l{) 0 0 0 w 0 u. I 0 Z ~ N (") --I CC) 0 ~ N (") '<t ::?: 0... () () () :::J a::: a::: a::: a::: a::: a::: a::: ::?: () () () () () ::?: <{ 0... Agricultural Signs N p P P P P P P P P P P P P P P P Community Special Event Signs N P P P P P P P P P P P P P P P P Construction Trades Signs N p P P P P P (1) (Commercial) Construction Trades Signs N p P P P P P P P P (2) (Residential) Development Signs N P P P P P P P P P P P P P P P P Garage Sale Signs (3) N P P P P P P P P (3) (3) (3) (3) (3) (3) (3) (3) Home Occupation Signs N See Home Occupations in Chapter 3 of the Land Development Code Model Home Signs y P P P P P P P P (2) Pole Banners Y See Section 7-175.H Political Signs N P P P P P P P P P P P P P P P (1) Real Estate Sign (Commercial) N p P P P P P (2) Real Estate Sign (Residential) N P P P P P P P P P (1) Temporary Business Signs y p p p p p P (1) Banner Signs y (4) (4) (4) (4) (4) (4) (4) (4) P P P P P P (1) Sandwich Board Signs y p p p p p P (1) Special Sales Signs Y (4) (4) (4) (4) (4) (4) (4) (4) P P P P P P (1) Weekend Builder / RE Signs y See Section 7-175.M Notes for Table 7-4: (1) Permitted where the PUD ordinance allows commercial uses. (2) Permitted where the PUD ordinance allows residential uses. (3) Property must contain a residential use. (4) Where an Institutional use occupies the premises Legend 0 = Sign permitted in this district [ED = Sign permitted in this district per footnote Chapter 7 - Sign Regulations Page 7 - 17 Land Development Code (Feb-04-03) City of Collevville. Texas All Temporary Signs shall be constructed in accordance with the requirements listed in Table 7-5: Table 7-5 Maximum Area, Height and Setback of Temporary Signs I Front Side Max. Max. Property Property Special Type of Sign ! Area Height Line Line Conditions , Setback Setback Agricultural Signs 32 s. f. 6 ft. none none one acre lot min. Community Special Events Signs 6 s. f. 4 ft. none none none Construction Trades Signs (Commercial) 96 s. f. 10 ft. none none none Construction Trades Signs (Residential) 8 s. f. 4 ft. none none none u._ Development Signs I 96 s. f. 10 ft. none none none ! - Garage Sale Signs (single-family residential) 8 s. f. 4 ft. none none 1 per frontage --.... ..- Garage Sale Signs (neighborhood-wide) 32 s. f. 6 ft. none none 2 per subdivision entrance ..- "~.- -- .- Model Home Signs 32 s.f. 6 ft. none none 24 months _..... ------- ---... I Pole Banners See Section 7-175.H for regulations ---- ---- Political Signs 12 s. f. 6 ft. none none none --.--.- --.--- Real Estate Signs (Commercial) 96 s. f. 10 ft. none none none ---.---. --- Real Estate Signs (Residential) 12 s. f. 6 ft. none none none Temporary Business Signs -- -----_..~ .-_.- - ----~-- Banner Signs 50 s. f. 6 ft. none none 3 permits per calendar year I 30 Sandwich Board Signs (Located in a yard) 24 s. f. 6 ft. none none days between I permits I permits Sandwich Board Signs (Located on a sidewalk) 8 s. f. 4 ft. none none valid for 30 days ____.______n_ Weekend Builder / Real Estate Open House Sign See Section 7-175.M for regulations A. Grand Openinqs - The purpose of the Grand Opening signage provision is to allow the enforcement official to issue a permit to a new business, or to a business that has substantially remodeled, as defined herein, for the purpose of obtaining special advertisement signage for a temporary period. The following regulations apply to Grand Opening signage permits: 1. Eligibility: Upon issuance of a Certificate of Occupancy and within one year thereafter, a business shall be allowed to receive a Grand Opening Sign permit when one of the following conditions applies: Chapter 7 - Sign Regulations Page 7 - 18 Land Development Code (Feb-04-03) City of Collevville. Texas a. When a Certificate of Occupancy has been issued to the new business, or b. When a Certificate of Occupancy has been issued to an existing business, which has substantially remodeled and the cost of the renovation exceeds sixty (60) percent of the current value of the building, or lease-space, excluding the value of the land, according to the most recently approved tax roll. 2. Allowable Signs: Signs may include a combination of pennants, tethered or inflatable balloons, and one (1) Temporary Business sign. The height and area of such signs shall be limited to the applicable regulations for the sign classification. A temporary business sign may be placed off- premises with the permission of the property owner during the period of the Grand Opening Sign permit. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. 3. Duration: A Grand Opening Sign permit shall be valid for a period of sixty (60) consecutive calendar days. No permit fee shall be required for a Grand Opening Sign permit. The use of a Grand Opening Sign permit shall have no affect on the number of subsequent temporary sign permits that may be authorized for a business occupancy. Exception: A permit for a search light shall be a separate permit and not be granted any rights authorized under the Grand Opening Provisions of this Section. B. Search Liqhts - A search light may be used as a sign in any non-residential zoning district. A search light shall be located a minimum of 50 feet from any public right-of-way and positioned so that all beams of light emitted have a minimum angle of 30 degrees from grade level. A search light may not generate light of an intensity in excess of 1,600 million foot candle power. No more than four beams of light may be projected from any premises. All search lights must be designed and maintained so as to prevent any light from being directed at any portion of a street or adjoining property. No light emitted shall be of such intensity to cause impairment of the vision of the driver of any vehicle upon a public right-of-way or private roadway. No search light may be operated between the hours of 11:00 P.M., and 7:00 A.M. Permits for search lights shall be limited to periods of 7 consecutive days and permits shall be limited to one per premises for each 6 month period. C. Maior Shoppinq Center Overlav Zone - The purpose of a major shopping center overlay zone is to reduce the overall number of signs situated along a public street by providing shared advertising privileges within a major development and by providing off-premises advertising alternatives for businesses located on lots which do not have frontage along a major public transportation thoroughfare. Developments which satisfy the criteria contained in this Section shall qualify for the sign provisions contained in this Section. 1. General Qualification Criteria: A commercial development which has a single or multi- occupancy building containing a minimum of one hundred thousand (100,000) square feet of floor area and situated on a single platted lot or on two or more contiguous platted lots shall qualify as a Major Shopping Center Overlay Zone. In addition to those lots which satisfy the general qualification criteria described in this paragraph, any adjacent or non-adjacent lots platted within the development that are platted under the same subdivision name shall also be eligible the sign provisions contained in this Section. 2. Shared and Off-Premises Sign age Privileges: A lot located within the limits of a major shopping center overlay zone may contain a sign that advertises a single or multi-tennant business occupancy located on another lot within the same major shopping center overlay zone, provided that the sign structure complies with the regulations applicable to the type of sign constructed. 3. Major Shopping Center Entry-Wall Signs and Plaques: The purpose of a Major Shopping Center Entry-Wall Sign and Plaque is to identify a major shopping center and the name of a business, profession, service, product or activity conducted, sold or offered within the major shopping center. Two sign structures shall be allowed per vehicular entrance and may be t ~ :::!: <n 1 Major Shopping Center Entry-Wall Sign and Plaque Chapter 7 - Sign Regulations Page 7 - 19 Land Development Code (Feb-04-03) City of Co/levville. Texas illuminated. The maximum height of the entry-wall structure shall not exceed five (5) feet. The maximum area of a Sign Plaque shall not exceed twelve (12) square feet. There shall be a minimum of three (3) feet spacing between Sign Plaques. The signs described in this Section shall be prohibited within the corporate limits of the City of colleyville. A. Off-Premises Siqns - Off premises signs, including billboards, are prohibited in the City of colleyville, except where specifically allowed by these regulations. B. Obscene Siqns - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. C. Portable Siqns - No person shall erect or allow to be displayed on the premises owned or controlled by him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. A temporary sign allowed by these regulations may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. D. Vehicle Siqns - No vehicle containing a sign that is large enough to be discernable from a public right-of-way shall be parked within forty (40) feet of a public right-of-way where the intended purpose is its use as a sign for the subject matter displayed on the vehicle. E. Roof Siqn - Signs mounted on roofs or above a parapet are not permitted. F. Paintinq, Markinq, Attachinq, Materials to Streets, Sidewalks. etc. - No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole. public building, fence or structure except as allowed by the sign code. G. Attachinq Siqns to Fences or Utilitv Poles - No person shall attach a sign to a fence or a utility pole, except a small sign identifying the name of the fence company not discernable from the street. H. Movinq and Flashinq Siqns - No person shall erect or allow to be displayed upon premises owned or controlled by him any illuminated, animated, moving or flashing sign, with the following exceptions: 1. Only a sign, which has illumination, that is turned on and off, changed in light intensity, color or copy, at a rate equivalent to, or no more often than every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature, only shall not constitute a flashing sign. 2. No person shall erect or allow to be displayed upon a premises owned or controlled by him any illuminated sign within 150 feet of property within a residentially zoned district unless the lighting is shielded from view of the residentially zoned district and indirect light does not exceed 1/2 lumen measured from any property line of the residentially zoned district. 3. No person shall erect or allow to be displayed upon a premises owned by him or controlled by him in a residentially zoned district any illuminated sign. I. Balloons and Inflatable Advertisinq - No person shall erect or allow to be displayed as a sign, any balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any other structure, except as allowed by a Grand Opening Sign Permit. J. Non-Combustible Material - Any sign with either direct or indirect illumination which is attached to the sign shall be constructed of non-combustible materials. Such signs shall be supported by non- combustible supports, which with respect to freestanding signs are in a finished condition. Chapter 7 - Sign Regulations Page 7 - 20 Land Development Code (Feb-04-03) City of Collevville. Texas Unfinished metal is not allowed. K. Simulation of Traffic Control Siqns - No sign shall obstruct the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. L. Non-Defined Siqns - No person shall erect or allow to be displayed upon premises owned or controlled by him any sign that is not specifically allowed by this Chapter. No person shall allow a sign located on a premises owned by him or which he has control of to display or contain any of the following defects or conditions: A. where the elements of the surface or background can be seen as viewed from the intended viewing distance to have portions of the finished material flaked, broken off, missing or otherwise not in harmony or consistency with the rest of the surface; or B. where the structural supports or frame members are visibly bent, broken, dented, deteriorated or torn; or C. where a panel is visibly cracked or in the case of wood and other similar products, splintered in such a way as to constitute unsightly or harmful conditions-, or D. the sign, or its elements are twisted leaning or at angles other than those at which it was originally erected; or E. where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or F. where the sign or its elements are not in compliance with the requirements of any building, electrical, sign or other type of code construction standards adopted by the City of colleyville. A. Authoritv - The Code Enforcement Officer is hereby authorized and directed to enforce all the provisions of this Chapter. B. Riqht of Entrv - Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, the Code Enforcement Officer or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Code Enforcement Officer by this Chapter, provided that if such building or premises is occupied, he shall first present proper credentials and request entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to located the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Code Enforcement Officer or his authorized representative shall have recourse to every remedy provided by law to secure entry. C. Removal of Certain Siqns Upon Notice - When a sign is constructed or erected in violation of these regulations, the property owner and/or tenant shall be given notice to remove said sign or alter said sign so as to comply with the regulations contained in this Chapter. Notice shall require compliance with these regulations within not more than ten (10) days from the date notice is served. Notice may Chapter 7 - Sign Regulations Page 7 - 21 Land Development Code (Feb-04-03J City of Collevville. Texas be hand delivered or deposited in the United States mail, addressed to the property owner at the address shown on the most current tax roll of the City, or the tenant as shown on the utility billing records of the City. If the owner cannot be found, or if the notice is refused, or if the notice is returned by the United States Postal Service, then the owner may be notified by posting notice on or near the front door of each building on the premises where the violation exists at least ten (10) days prior to further action or by posting notice on a placard attached to a stake driven into the ground on the premises where the violation exists at least ten (10) days prior to further action. EXCEPTION: Illeqal Temporary Siqns - The Code Enforcement Officer is hereby authorized to remove without notice any illegal temporary signs placed on public property or within a right-of-away. Such signs shall be impounded and may be destroyed by the City. D. Dilapidated or Deteriorated Siqns - Upon determination by the Code Enforcement Officer that a sign is in a dilapidated or deteriorated condition or declared unsafe, dangerous or poses a threat to the safety of the general public, the Code Enforcement Officer shall give notice of said determination to the owner of the property on which the sign is erected. Said notice shall specify a time period of not more than ten (10) days in which said dilapidated or deteriorated condition must be corrected. 1. Failure by the owner of the property to correct the dilapidated or deteriorated sign or remove the same within the time provided in the notice shall constitute a violation of this Chapter. 2. When a property owner, agent, or tenant fails to abate a sign declared to be unsafe and dangerous within the time period allowed, the Code Enforcement Officer is hereby authorized to contract for such work to abate the unsafe or dangerous condition and charge the property owner for the costs of such abatement. If the actual charges to the City are not paid within thirty (30) days, the City shall file a lien against the property. 3. A sign which has been substantially destroyed or dismantled for any purpose other than maintenance operations or for changing letters, symbols or other matters on the sign. The sign shall be deemed to be substantially destroyed or dismantled if the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location. A sign which does not conform to the regulations prescribed in this Chapter and existed lawfully on the date of adoption of this Chapter, or amendment hereto, shall be declared a nonconforming sign and may exist in its present form. A nonconforming sign may be maintained, but shall not be altered, or moved unless a permit be issued pursuant to the provisions of this Chapter. The right to continue a nonconforming sign shall cease and such shall be removed whenever: A. A sign is altered, moved or relocated without a permit pursuant to the provisions of this Chapter. Exception: A sign face of a nonconforming sign may be replaced, provided no alterations to the sign structure are made. B. A sign is destroyed and the cost to repair exceeds 60% of the replacement cost on the date of the damage. C. A sign leans such that an angle between the sign and the ground is 45 degrees or less. Chapter 7 - Sign Regulations Page 7 - 22 Attachment 2 Photo of existing sign and drawing of proposed monument sign regulation ~ General Business Sign with columns I~ T co 14' ~I I~ 141 ~I Max. Structure size 112 s. f. ~ r Co~ 1~ 18" BaseJ. General Busi ness Si gn with base ....-1 8" Column each end Max. Structure size 112 s. f. This sign at Dr. Vinings office located at 6407 Colleyville Blvd. is 13'-9" wide, 8' high and contains 110 s. f. Exhibit 3 Photos and dimensions of four typical real estate signs This sign structure is 6' in height. The sign face is 3' x 3' = 9 s.f. This sign structure is 5' in height. The sign face is 2' x 4' = 8 s.f. This sign structure is 4' in height and 2' in width. 8 s.f. in area. This sign structure is 4'-6" in height. The sign area is 3' in width by 4' in height = 12 s.f. PRE-COUNCIL cilYOr (Q~D(1) AGENDA BRIEFING TL~X,,$ MEETING DATE: ITEM # : 02/04/03 PC-2 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N/ A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of February 4, 2003 regular agenda items This item provides the opportunity for the City Council to discuss the regular agenda items. CITY COUNCIL CilY r){ CC;en<B AGENDA BRIEFING Tl~.\<l$ MEETING DATE: ITEM#: RESOLUTION #: 02/04/03 1 N/A CITY MANAGER : DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D 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 CITY COUNCIL CilY Of CC:~<B AGENDA BRIEFING IL'X;:l:> MEETING DATE: ITEM # : RESOLUTION #: 02/04/03 2 N/A CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS RESOLUTION R-03-2096 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF FEBRUARY 4, 2003 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 January 21, 2003, are hereby approved. b. THAT the approval to purchase a % ton Ford truck from Northside Ford of San Antonio through the Texas Local Government Purchasing Cooperative (BuyBoard), is hereby approved. AND IT IS SO RESOLVED. 2003, BY A VOTE OF ABSTENTIONS. APPROVED THIS AYES, DAY OF NAYS AND ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JANUARY 21, 2003 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Pro Tem Ginny Tigue at 5:17 p.m. on January 21,2003. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler and Richard Newton were present. Mayor Pro Tem Ginny Tigue, City Manager Bill Lindley, Community Development Director Barry LeBaron, Interim Community Development Manager Clayton Husband, Public Works Director Keith Fisher, Public Works Manager Kelly Howell, Fire Chief Mike Johnston, Parks and Recreation Manager Monica Walsh, Records Manager Matt Denton, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. Mayor Donna Arp was absent. PC.-1. Discussion of proposed amendments to sign regulations Community Development Director Barry LeBaron provided an overview of the proposed amendments to the sign regulations. Council requested that discussion of the proposed sign regulations be scheduled for a future Pre Council meeting. PC.- 2. Discussion of January 21, 2003 City Council regular agenda items There was no discussion regarding the regular agenda items. The meeting was adjourned at 6: 12 p.m. CITY COUNCIL MINUTES JANUARY 21,2003 The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Tigue on January 21,2003 at 6:45 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler and Richard Newton were present. Mayor Pro Tem Ginny Tigue, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Interim Community Development Manager Clayton Husband, Public Works Director Keith Fisher, Public Works Manager Kelly Howell, Fire Chief Mike Johnston, Records Manager Matt Denton, Parks and Recreation Manager Monica Walsh, Financial Analyst Collin Boothe, Administrative Assistant Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Mayor Donna Arp was absent. 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 Legal - Litigation - Jo Ann Johns - 4609 Bill Simmons Road Sec. 551.071 - Mayor Pro Tem Ginny Tigue explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, 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 7:30 p.m. The invocation was given by Mr. Bob Ellis of the Baha'i Community, after which Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Pro Tem Tigue announced that Mayor Arp was attending Governor Rick Perry's Inauguration Ceremony in Austin, Texas. 2 CITY COUNCIL MINUTES JANUARY 21, 2003 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2086- Consent Items: a. Approval of minutes of the regular City Council meeting of January 7, 2003 b. Approval of an Agreement with Grapevine-Colleyville Independent School District (GCISD) to provide printing services to the City of Colleyville c. Approval of broker/dealer firms for investment purchases Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2086 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2086. Councilman Newton seconded the motion. Financial Analyst Collin Boothe provided an overview of the bidding process for printing services and reported that the City awarded the bid to several vendors and realized a savings of $11,000. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1383 - Approval of a Special Use Permit for a cellular tower on Lot 1, Block 2, Leggett, McKithan and Baylock Addition located at 2319 Hall Johnson Road, Case Z-02- 031 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 03-1383. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Mr. Jim Walker of Zone Systems, Inc., on behalf of Verizon Wireless, was present to answer questions of the Council. 3 CITY COUNCIL MINUTES JANUARY 21,2003 Discussion ensued regarding the benefits of improving the tower, grandfather's clause, current requirements for towers and screening. Councilman Rice moved to approve Ordinance 0-03-1383 with the following amendment: change 1. to g. and f will read: Access: The driveway and parking area shall be paved. Council requested that staff provide information regarding requirements for cell towers. Discussion continued regarding paving the road to the tower. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1384- Approval of a Special Use Permit for an accessory building on Lot 11, Block 2, Highland Acres located at 305 Timberline North, Case Z-02-036 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 03-1384. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Rice moved to approve Ordinance 0-03-1384 with the following amendment to Section 1 a: The maximum size of this building footprint shall be seven hundred twenty (720) square feet and the total size of all accessory buildings shall not exceed one thousand nine hundred twenty (1,920) square feet. Councilman Newton seconded the motion. Councilman Hocutt made a friendly amendment to add item d. The accessory building shall not be used as living quarters. Councilpersons Rice and Newton accepted the friendly amendment. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 4 CITY COUNCIL MINUTES JANUARY 21,2003 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1385 - Approval of a Zoning Change from AG to PUD-C Planned Unit Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard, north of Tarrant Lane, Case Z-02-034 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 03-1385. There were no others present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Mr. Jim Graham, 6616 McMakin Court, spoke in favor of the proposed ordinance and regarding the condition of the property and code enforcement. Mr. Dave Dudziak, 2301 Wilkes Court, Ross Downs Homeowners Association representative, spoke regarding buffers, hours of operation, noise level and maximum size. City Manager Bill Lindley provided an overview of the process for addressing property code violations and expressed appreciation to each Councilmember for their support and direction to proceed with issuance of citations if the property owner does not bring the property into compliance. Discussion ensued regarding the permitted uses of CC1 and ML zoning. Councilman Hocutt requested zoning exclude the following uses: mobile home dwelling, servant and caretaker quarters, bus and train terminals, automotive parking lot and garages for commercial use, transportation vehicle storage yards, hardware companies with outside displays, secondhand goods shop, building materials with outside storage, contractor's office with yard and a pawn shop; no outside storage for automotive repair, plumbing, heating and air conditioning and upholstery shop; Special Use Permit be required for a warehouse and distribution center. Councilman Newton stated concerns regarding ML zoning, conceptual site plan and preliminary plat and the maximum building height. Councilman Rice requested that the ordinance include the following provision: garage bay doors may not open within 180 feet of a residential area. Councilman Hocutt moved to table Ordinance 0-03-1385. Councilman Hocutt requested that the applicant confer with neighbors regarding the hours of operation and delivery hours. Councilman Rice seconded the motion. 5 CITY COUNCIL MINUTES JANUARY 21,2003 Councilman Newton requested that the applicant also address neighbor's concerns regarding buffers, landscaping and future plans for trees. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro T em Tigue declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1387 - Approval of an amendment to the PUD-R (0-02-1364) for Lonesome Dove Estates Phase 3, 19.405 acres located on the south side of L.D. Lockett Road near Precinct Road, Case Z-02-035 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 03-1387. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Discussion ensued regarding fencing, trail, concrete walkway and access easement. Mr. Peter Riis, 6902 Upland Lane, representing Colleyville Girl's Softball Association (CGSA), spoke regarding the field usage agreement between the sport's associations and the City. City Manager Bill Lindley suggested that the developer be notified as to the following: The easement is subject to change and at final plat may be relocated to provide for an improved baseball field layout. Mr. Joseph Reue GSWW, Inc., 3950 Fossil Creek Blvd., Fort Worth, representing the applicant, spoke regarding landscaping and fencing. Councilman Rice moved to approve Ordinance 0-03-1387 with the following amendment to Section 7a: A six (6) foot tall masonry fence shall be constructed along the rear lot line of Lots 12-14, Block 1 and Lot 2, Block 3 by the developer. The fence may be broken up with perpendicular ornamental iron fence panels. The property owner shall maintain the fence and add b: The final location of the pedestrian access easement shall be determine based on the design of the Sneed property, and the easement shall be approved at the time the final plat is considered and Section 2a: The purpose of this PUO-R is for single-family residential development, constructed at a density not to exceed a maximum of 1.75 dwelling units per acre. Councilman Newton seconded the motion. 6 CITY COUNCIL MINUTES JANUARY 21,2003 Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1388 - Approval of a City Developer Agreement with the First United Methodist Church Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 03-1388. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. 9. READING AND PUBLIC HEARING - Resolution R-03-2087 - Acceptance of the annual audit for fiscal year ended September 30, 2002 Mayor Pro Tem Ginny Tigue opened the public hearing and read Resolution R-03-2087 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2087. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Councilman Rice commended Finance Director Terry Leake and staff for excellence in financial reporting and fiscal management. City Manager Bill Lindley commended Finance Director Terry Leake and staff for sound fiscal management. Councilman Newton commended Finance Director Terry Leake for a job well done in managing the City's finances. Mayor Pro Tem Tigue declared the motion carried. 7 CITY COUNCIL MINUTES JANUARY 21,2003 10. READING AND PUBLIC HEARING - Resolution R-03-2088 - Consideration of Appointments to the Zoning Board of Adjustment Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2088 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Newton moved to approve Resolution R-03-2088. Councilman Hocutt seconded the motion. Councilman Hendler spoke regarding the contributions of former Zoning Board of Adjustment member Steve Allen, who passed away. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-03-2089 - Consideration of appointments to the Colleyville Center Advisory Committee Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2089 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2089. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-03-2090 - Approval of a Waiver for the Colleyville Baseball Association (CBA) for use of the Colleyville City Park game fields 8 CITY COUNCIL MINUTES JANUARY 21,2003 Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2090 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2090. Councilman Rice seconded the motion. Discussion ensued regarding field maintenance costs, game field conditions and use of GCISD facilities for practice. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-03-2091 - Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2091 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2091. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-03-2092 - Approval of an Agreement with Newman, Jackson, Bieberstein Landscape Architecture to develop a Master Plan for the property located at 901 L.D. Lockett Road, referred to as the Sneed property, and authorizing the use of Voluntary Park Fund monies, in an amount not to exceed $40,375 9 CITY COUNCIL MINUTES JANUARY 21, 2003 Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2092 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Discussion ensued regarding Phase I and Phase II of the project. Councilman Rice moved to approve Resolution R-03-2092 with the amendment to add to Sec. 1: in the amount of $13,950 for Phase I and $26,425 for Phase /I. Councilman Hocutt seconded the motion. City Manager Bill Lindley stated that upon completion of Phase I, a report will be provided to the Parks and Recreation Advisory Board and based upon the Parks and Recreation Advisory Board's recommendation, Phase II will be presented to Council for consideration. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-03-2093 - Approval of an Interlocal Agreement with Tarrant County for John McCain Road Improvements, in an amount not to exceed $10,000 Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2093 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Discussion ensued regarding the current condition of the road, costs of repairs and cost sharing with the County for the repair of the road. Councilman Hendler moved to approve Resolution R-03-2093. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 10 CITY COUNCIL MINUTES JANUARY 21,2003 16. READING AND PUBLIC HEARING - Resolution R-03-2094 - Authorization to invest funds in Texas Short Term Asset Reserved Program (TEXSTAR), a local government investment pool Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2094 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2094. Councilman Rice seconded the motion. Ayes: Council persons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. STAFF REPORTS: 17. MONTHLY FINANCIAL REPORT There was no action taken on this item. 18. REPORTS: PARKS AND RECREATION ADVISORY BOARD MINUTES - November 4, 2002 ZONING BOARD OF ADJUSTMENT MINUTES - November 12, 2002 LIBRARY BOARD MINUTES - December 9, 2002 HISTORICAL PRESERVATION COMMITTEE - December 10, 2002 PLANNING AND ZONING COMMISSION MINUTES - December 16, 2002 There was no action taken on this item. CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. 11 CITY COUNCIL MINUTES JANUARY 21,2003 ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 21, 2003 - Reading and Public Hearing - Resolution R-03-2095 This Resolution was not needed. ADJOURNMENT: 21. ADJOURNMENT There being no further business before the City Council, Councilman Hendler moved to adjourn. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the meeting adjourned at 9:35 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2003, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 12 CITY COUNCIL ell}' Of co~ (( \\ul~JTI\1J \EI Il':-;~;:; AGENDA BRIEFING MEETING DATE: 02/04/03 ITEM # : 3b RESOLUTION #: ' R-03-2096 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW ! Previous Action: None DEPARTMENT: PUBLIC WORKS SUBJECT: Approval of purchasing a % ton truck through the Texas Local Government Statewide Purchasing Cooperative (BuyBoard), in the amount of $25,237.00 - by Consent Reading and Public Hearing The FY2002-03 Utility Fund Budget provides funding in the amount of $35,000 for replacement of one (1) 1993 Ford 3/4 ton truck. This equipment will be purchased from Northside Ford of San Antonio through the Texas Local Government Statewide Purchasing Cooperative (BuyBoard). Financial Impact Funds are available in the Utility Fund, Operating Equipment Account 002-61-6650. Recommendation Approval Attachments . Quote ><20 VENDOR PART. DESCRIPTION 44U 572 DLV 99F 99P 448 DLV RCK 63 X114H625 ADDl Full Size Pickup F250,- quad cab. 155'" Wheelbase, long bed, 5.4 liter V- B, 8800# GV\N. 4 door extended cab, full size spare tire. rear bumper, AM/FM radio. all manufacturer's standard equipment AUTOMATIC TRANSMISSION $ AIR CONDITIONING $ DELIVERY CHARGE 1ST 125 MILES NO-CHARGE 7.3L v-a DIESEL $ G.OL V-8 DIESEL 32 VALVE UPGRADE $ TO 325 HORSEPOWER, 560 FT TORQUE, REQUIRES CODE 99F v/:LOW EMISSION CODE 42F TORQUE SHIFT AUTO $ TRANMISSION DESIGNED EXCLUSIVELY FOR THE NEW 99P 6.0L DIESEL. MUST USE CODE 044U AUTO TRANSMISSION, AND CODE 99P 6.0L DIESEL DELIVERY CHARGE .98 MILE HEADACHE RACK HEAVY DUlY GRILLE GUARD STROBE VISTA LIGHT BAR SIGNAL MASER $ $ $ WITH $ ADDITIONAL EQUIP QUOTE PER CUSTOMERS NEEDS= Buy Board fee UNIT PRICe YOUR ORDER $ 16.613.00 $ 16,613.00 931.00 $ 931.00 684.00 .98 MILE $ 4.114.00 $ 312.00 398.00 0.98 275.00 $ 385.00 $ 1,669.00 140.00 4,114.00 $ 312.00 $ 398.DO 275.00 385.00 $ 1,669.00 $ TOTAL- $ 24.837.00 $ 400.00 CITY COUNCIL co@m<B AGENDA BRIEFING ic.'(~s ; MEETING DATE: j 02/04/03 ITEM # : I 4 ORDINANCE# : j 0-03-1388 CITY MANAGER ! DEPARTMENT HEAD [0 FINANCE REVIEW i Previous Action: None DEPARTMENT : ENGINEERING SUBJECT : Approval of a City-Developer Agreement with the First United Methodist Church Second Reading and Public Hearing First Reading and Public Hearing Public improvements associated with the First United Methodist Church are currently underway. Staff has reviewed the subject agreement with First United Methodist Church and finds it to be consistent with developmental policies and ordinances. All items in this agreement are standard with the following exceptions: 1) the City agrees to pay the Developer $3,600 for oversizing the waterlines along Church Street; 2) the City agrees to pay the Developer $2,700 for the 30-foot extension of the 12" waterline along Church Street to Pleasant Run Creek. Financial Impact Funding source is the water impact fees Recommendation Approval Attachments . City-Developer Agreement . Ordinance 0-03-1388 City of Colleyville City-Developer Agreement First United Methodist Church That First United Methodist Church, hereinafter 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 First United Methodist Church an addition to the City of Colleyville, Texas as filed of record in Volume 4903, pg 504 of the Plat Records of Tarrant County, Texas, the parties hereto do agree: 1. "City" agrees to pay "Developer" the sum of $3,600.00 for improvements for the oversizing cost between an a-inch water line and the 12-inch water line installed along Church Street as shown on the City approved construction plans titled "Construction Plans for First United Methodist Church Addition, Lot 1, Block 1, First United Methodist Church of Colleyville" prepared by Pacheco Koch Consulting Engineers. 2. "City" agrees to pay "Developer" the sum of $2,700,00 for the 30 foot extension of the 12-inch water line along Church Street to Pleasant Run Creek. 3. The "Developer" understands that he has no authority to cancel or amend the terms of the agreement without specific written authority of the "City.. 4. If for any reason the ownership of the property should change prior to the acceptance by the City of the water improvements at First United Methodist Church, it is agreed that these conditions will pass from this "Developer" to the next owner and the City will require proper signatures of the new "developer" agreeing to the terms of this agreement. 5. Upon completion of the work, good and sufficient title to all public facilities constructed, warranted free of any liens or encumbrances, is hereby vested in the City of Colleyville. 6. Developer agrees to pay all fees associated with development within the City of Colleyville including but not limited to the following: plan review and inspection fee, and Project Inspector overtime charges. 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 ,200_. DEVELOPER 1"~:fL1Z~ Mr. Tom ~ompson Chairman, Trustees First United Methodist Church CITY OF COLLEYVILLE Donna Arp, Mayor Mr. Stov Stova I Vice Chairman, Trustees First United Methodist Church Cynthia Singleton City Secretary ORDINANCE 0-03-1388 AN ORDINANCE AUTHORIZING THE APPROVAL OF A CITY-DEVELOPER AGREEMENT WITH THE FIRST UNITED METHODIST CHURCH WHEREAS, the First United Methodist Church (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 AgreemenUContract for The First United Methodist Church, which specifies certain construction costs that the City has agreed to participate in with the Developer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Developer shall construct the improvements and the City shall participate in their cost. Sec. 2. THAT the City's total cost participation of $6,300 does not exceed thirty percent (30%) of the total contract. Sec. 3. THAT all of the Developer's books and other records related to the project shall be available for inspection by the City. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Ordinance 0-03-1388 Page 2 of 2 CITY OF COLLEYVILLE: Donna Arp Mayor CITY COUNCIL Cd)' Of CC:~n<B AGENDA BRIEFING 1l'.\<IS MEETING DATE: 02/04/03 CITY MANAGER ~3"'?- ITEM # : 5 DEPARTMENT HEAD ":Je.... ORDINANCE # : 0-03-1389 FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Special Use Permit for Alcoholic Beverage Sales at T own Center Colleyville located on the southeast corner of Hall Johnson Road & Colleyville Boulevard in 5500-5700 block, Case Z-03-001 First Reading and Public Hearing Backqround Town Center Colleyville is located at the southeast corner of Hall Johnson Road and Colleyville Boulevard. The developer, Hodges and Associates, has submitted a Special Use Permit application to allow alcoholic beverage sales for on-premise consumption in restaurants and off-premise consumption in a grocery store. The proposed Special Use Permit would cover the entire Town Center project rather than specific buildings. By creating an overlay area, the Special Use Permit would be in place over the entire project, eliminating the need for individual businesses to request Special Use Permits. There are three other areas that are zoned with a similar overlay: the restaurant area on SH121, an area on Colleyville Boulevard between Centerpark and Glade Road and the Village at Colleyville. Off-Premise Consumption. The proposed Special Use Permit would authorize the sale of alcoholic beverages for off-premise consumption on the property. This portion of the request is primarily for Market Street, a grocery store under construction on the site. On-Premise Consumption. The proposed Special Use Permit would also authorize the sale of alcoholic beverages for on-premise consumption in restaurants on the property. This portion of the request is for a restaurant pad area in front of Market Street and for any restaurant that might locate within a lease space. Distance Requirements from Churches and Public Hospitals. The Colleyville City Code requires that places that serve alcohol be located at least 300 feet away from church or public hospital. The distance is measured from front door to front door, along the street front property lines. The property satisfies this requirement. Distance Requirements from Schools. The Colleyville City Code and State alcohol laws provide for a 300 foot distance requirement between public and private school property and property where alcoholic beverages are sold. The distance is measured property line to property line. There is more than 300 feet between the Town Center property and the Agenda Briefing Ordinance 0-03-1389 Page 2 of 3 Colleyville Elementary School and Colleyville Middle School property; however, the Barbara Gordon Montessori School is located within 300 feet of Lot 1 R. The Colleyville and State codes require that at least 100 students be enrolled in order for a private school to trigger this provision, and the school currently has more than 100 students enrolled in kindergarten through sixth grade. Based on the most current site plan for the Town Center, this requirement would affect portions of two proposed buildings on the site. If the enrollment of the Montessori school drops below 100 students, then this requirement would not apply to the property. The remainder of Lot 1 R, the Market Street grocery store and the restaurant pad sites in front of Market Street are not affected by this requirement. The zoning of the property is separate from a business owner's ability to obtain an alcoholic beverage license from the Texas Alcoholic Beverage Commission. The distance requirements from churches and schools affect the issuance of a license and would apply even in areas that already have a Special Use Permit (i.e., the Village). The Special Use Permit is used to state that an area is "zoned" for alcoholic beverage sales. Impact Issues 1. Master Plan. The proposal is compatible with the Master Plan, which indicates retail and commercial uses for the property. 2. Surrounding Properties. The property to the north is zoned CC1 and AG and is the location of Bluebonnet Hills cemetery. The property to the west is zoned CC2 and is used as office and retail businesses. The property to the east, across Bluebonnet Drive, is zoned R20 and is used for single-family residences. The property to the south is zoned PUD-R, and houses are being constructed on the lots. 3. Development Trends. This area is experiencing significant development. Two new office buildings have been completed on the west side of Colleyville Boulevard, and a new bank is under construction. A grocery store is under construction on the Town Center site, and a lighting store opened last year. The trend in the area is for commercial and retail development along Colleyville Boulevard. 4. Infrastructure. The existing utilities in this area will adequately serve the proposed development. 5. Current Zoning Suitability. The current zoning is compatible with the proposal, which allows retail and restaurant uses. 6. Economic Development. The sale of alcoholic beverages by local restaurants has a positive impact on economic development through the distribution of taxes on mixed beverage sales. There are ten restaurants in Colleyville that pay mixed beverage taxes to the State, which in turn distributes a portion of the tax collected to the city in which the business is located. The Mixed Beverage Allocation Historical Summary for Colleyville, available from the Texas Comptroller of Public Accounts, indicates that $29,599 in mixed beverage taxes were distributed to the City in 2002. Previous year distributions were Agenda Briefing Ordinance 0-03-1389 Page 3 of 3 $26,909 in 2001, and $20,204 in 2000. Sales tax is collected on beer and wine sales at grocery stores. 7. Public Notification. Staff mailed notices to 21 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this Special Use Permit request at its January 13, 2003 meeting. The Commission recommended approval by a unanimous vote. Recommendation Approval Attachments · Location and Zoning Map · Zoning Exhibit · List of Property Owners Notified · Ordinance 0-03-1389 IT'"5_~_~.. _ _ _ ~ Tn 2@U .08 . HALL JOHt4S01 13 ;;; '" '" e ~ I- 5 TO I IIII,B8. ti'11 C01..1' tSS' 140~'f @ II TR IH TR l Y 2.m2 At J At T I. I 1 ""q., i!lC :l 1 5 6 -'-!'!'!---:;~-~ ,- "ill (~3") p.D J \I- ~V~~ :c!19''> ^'~. LOT Z ,I G l~ 3.S11 . 1 _.~='J___ K INGSWODD . TR IF 2.291 At lR In 1.2 "C If .8"5' p.pOt'l CR1S~ ~: t B.17 a 1" 20 1.BO l!' 32 33 ~) ". C1~, ~ 48 1 J!J ?J 6 f'/ Ootl~~i \.. oV" J I)" c:\J ['g36 " /I.- , , , , 1 49 44 5;l2.~O '" i I 1 ~4U ;~: T~ "II - , 1!YJIlII CHERRY TA lA 2.5 AC Location Map & Area of Notification CASE # Z-03-001 - Special Use Permit I I m:i~:H!1 T1:;!'1 ~rWI;;h! ifj"!!-'! ;!jiM I,I',~" l!l;, !j "-"'(f) O. )>~ (f):-U II mrn go c z o )> :0 m (f) !::l '"' ~ ~~ I~ ,i I ~I I: ~ ~ I: II I: I < o Z -l -< s:: )> -U Bluebonnet Hills Memorial Park Attn: Debbie Lee Munch P.O. Box 11250 New Orleans, LA 70181 Barbara Gordon Montessori School 1513 Hall Johnson Road Colleyville, Texas 76034 Complementary Copy To: Kingswood Estate HOA C/o Kirk Stites, President P.O. Box 978 Colleyville, Texas 76034 Melvin & Marindale, Ltd. 8235 Douglas Ave., Ste 950 Dallas, TX 75225 Barnard Partners Ltd. XII 210 W. 6th St., Ste 302 Fort Worth, TX 76102 J T Corley 7310 Dominique Drive Dallas, TX 75214 Eagle-Colleyville Towne Square Two Lincoln Centre 5420 LBJ Freeway, Ste 1280 Dallas, TX 75240 Hodges & Associates - Applicant 13642 Omega Drive Dallas, TX 75244 Afrim & Ruzdi Bojku 3408 Glade Creek Drive Hurst, TX 76054 United States Postal Serive 475 Lenfant Plaza SW Washington, DC 20260 Ervin Matton 1500 Kingswood Lane Colleyville, Texas 76034 M T Properties Inc. 5137 Davis Blvd. Fort Worth, TX 76180 City of Colleyville Herman Smith & Co. Lts. 1903 Central Drive, Ste 403 Bedford, TX 76021 The Bridges at Riverwalk, Ltd. 3401 Amherst Circle, Apt. 127 Bedford, TX 76021 DR Horton Texas Ltd. 1901 Ascension Blvd., Ste 200 Arlington, TX 76006 DFW Tile, Inc. 5311 Colleyville Blvd. Colleyville, Texas 76034 Beasley Building Group 5401 Colleyville Blvd. Colleyville, Texas 76034 First Baptist Church Colleyville 5405 Pleasant Run Road Colleyville, Texas 76034 Baylor Health Care System 3409 Worth St., Ste 600 Dallas, TX 75246 Wyndham Investment Prop ETAL 751 E. Southlake Blvd, Ste 130 Southlake, TX 76092 The Guest Family LP 1300 Tang1ewood Trail Euless, TX 76040 Case Z-03-001 (Notices dated: January 3, 2003) According to the last published Tax Record, individuals who own property that is within the 200' of the pr?po~ed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy ;;/- Planning & Z6ning Assistant ORDINANCE 0-03-1389 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR ALCOHOLIC BEVERAGE SALES FOR OFF-PREMISE AND ON-PREMISE CONSUMPTION IN TOWN CENTER COLLEYVILLE ADDITION; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning amendment was filed by Hodges & Associates on December 17, 2002, requesting a Special Use Permit for alcoholic beverage sales for off-premise and on-premise consumption under Case No. Z-03-001; 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 Lots 1 R, 2R, 3R1, 3R2 and 4, Block 1; and Lots 1 and 2, Block 2, Town Center Colleyville Addition by authorizing the following: a. A Special Use Permit for Alcoholic Beverage Sales for off- premise consumption for a grocery store, specialty wine shop or gourmet food store. b. A Special Use Permit for Alcoholic Beverage Sales for on- premise consumption in conjunction with a restaurant use. c. This property is subject to the distance provisions from schools as required by the Colleyville Code of Ordinances and Texas Alcoholic Beverage Code. Sec. 2. THAT this property shall be subject to all the regulations contained in the Colleyville Land Development Code and the CC2 Shopping Center Commercial District, except where amended by this ordinance. Ordinance 0-03-1389 Page 2 of 2 Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Exhibit A Zoning Map AG ~G CITY COUNCIL cc@m':1l AGENDA BRIEFING IL-.\:;:l$ MEETING DATE: ITEM # : ORDINANCE # : i 02/04/03 6 0-03-1390 CITY MANAGER ' DEPARTMENT HEAD I FINANCE REVIEW i Previous Action: None DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT: Approval to rescind Ordinance 0-93-915 and exempt a portion of the market value of resident homesteads of persons sixty-five years of age or older and disabled persons from ad-valorem taxes, rendered after the passage of this ordinance First Reading and Public Hearing Backqround The Over 65 exemption was increased to $45,000 in 1993 with the adoption of 0-93-915. Any increase in the exemption would have to be implemented prior to July 1 to be effective in the current calendar year tax cycle. Between January 1 and April 30, the Tarrant Appraisal District processes applications for tax exemptions. By September, the City Council sets the succeeding years tax rate. Tax collections begin October 1 and tax payments are due by January 1. Financial Impact The current $45,000 exemption results in a taxable loss of $117,452 in revenue to the City. The City Council may want to evaluate the loss in revenues from any increase in exemptions. To keep this review "apples to apples", staff recalculated the Effective Tax Rate schedule for FY2003 assuming the $60,000 exemption would have become effective for this budget year. By increasing the exemption to $60,000 on the 761 accounts, there would be a value loss of $11,415,000 and a revenue loss of $39,641. Recommendation Adopting the additional $15,000 exemption will require either a reduction in the FY2004 expense plan or an increase in other revenues. Either option will be difficult with the current regional economy. As an alternate, the City Council may elect instead to evaluate a discount for utility payments by property owners over age 65. Attachments . City Council memo dated January 30, 2003 . Ordinance 0-03-1390 MEMORANDUM Office of City Manager TO: FROM: SUBJECT: DATE: Mayor and City Council Bill Lindley Over 65 Property Tax Exemption January 30, 2003 Councilmembers Newton and Hendler requested an agenda item for City Council consideration of an adjustment to the current $45,000 Over 65 Property Tax Exemption. As a follow up to this request, Mr. Newton asked for analysis of a $15,000 increase to the current exemption level. The intent for this exemption level was to be comparable with the City of Grapevine exemption rate. Discussion for possible adjustment to the Over 65 exemption is scheduled for the February 4, 2003 City Council. As a courtesy, staff will notify Mr. Ed Hardesty of the meeting since this discussion is a follow-up to his request to the City Council for consideration of increasing the exemption. Colleyville's property tax revenues provide a higher percent of total available revenue compared to surrounding cities. Table 1 shows the percent of property tax collections to all revenues for our peer cities for the FY 2003 budget. Table1 CITY PROPERTY TAX REVENUE $5,229,686 $6,197,339 $5,733,646 $7,089,863 $7,207,000 $6,542,130 $8,988,724 $10,054,954 $7.263,715 Hu Keller NRH ALL REVENUES $22,390,563 $12,210,959 $20,603,835 $38,396,484 $25,988,000 $16,805,970 $31,544,400 $19.066.190 $24.970,777 PERCENT 23.4% 50.8% 27.8% 18.5% 27.7% 38.9% 28.5% 52.7% 31.1% The Property Tax Code allows for a taxing entity to provide various property exemptions. Of the several available, one is for property owners who are over the age of 65. This property tax exemption is referred to generally as the Over 65 exemption. A governing body levies the exemption at any level (tens, hundreds, or thousands of dollar increments). The concept of providing this exemption is a philosophy that this group of property owners may have fixed incomes and also may not utilize all city services. During the last several years, property owner interest groups have promoted a statewide-mandated Over 65 exemption to the Legislature. On a local level, there is an interest by the Senior Northeast Leadership for area cities to have comparable exemption levels. The Over 65 exemption was increased to $45,000 in 1993 with the adoption of 0-93-915. Any increase in the exemption would have to be implemented prior to July 1 to be effective in the current calendar year tax cycle. Between January 1 and April 30, the Tarrant Appraisal District processes applications for tax exemptions. By September, the City Council sets the succeeding years tax rate. Tax collections begin October 1 and tax payments are due by January 1. There are 761 homes this year receiving the $45,000 exemption. Table 2 shows that 14.5% of owners with the exemption have a house valued below $100,000. However, those owning a house between $100,000 to $399,000, account for 78%. The average home value of an Over 65 exemption is $213,324. Applying an additional $15,000 exemption against the $0.3474 mill rate yields a savings of $52.11 to a property owner. Table 2 II' II' Table 2 does not add up to the 761 accounts since 3 of the accounts are split for individual Trust purposes. Table 3 provides a comparison of the tax billing to a similar valued property with the Over 65 exemption adjustment. The higher the base value of a house the less impact a property exemption has is seen in this table. Table 3 $ 34.74 $ 69.80 $ 104.22 $ 191.07 $ 364.77 $ 451.62 $ 538.47 $ 717.17 $ 885.87 $1,059.57 $1,233.27 $0.00 $0.00 $69.48 $121.59 $295.29 $382.14 $468.99 $642.69 $816.39 $990.09 $1,163.79 Establishing property tax rates and associated exemptions is a public policy determination of how to pay for services and to what level those costs are shifted within a property value matrix. When considering tax policy issues, it is helpful to look at area cities in considering tax rate and property exemptions. Interestingly, Colleyville's tax rate is the lowest of the seven peer cities and the Over 65 exemption level is 17% below the average of $53,036. Table 4 City Tax Rate Exemption Euless Hurst NRH Keller Colleyville Bedford Grapevine Southlake Average Range $0.497254 $0.499000 $0.570000 $0.438000 $0.347400 $0.384051 $0.366000 $0.462000 $0.459472 $0.204000 $30,000 $35,000 $35,000 $40,000 $45,000 $50,000 $60,000 $75,000 $53,036* $45,000* * NOTE: Excludes Colleyville Over the years, Colleyville has developed into a residentially based city. Table 5 shows the distribution of property value for the surrounding cities. Colleyville is non-traditional in its concentration of homes as a percent of all property values. This has lead to reliance over the years of protecting home values to minimize reductions in the tax base. Table 5 Total Other Res. Real Personal As% Res. Comm. In dust. Prop. Property Total of Cit Value Value Value Value Value Value Value Bedford $1.665 $455 $5 $2,912 $256 $2,998 55.5% Colleyville $2,066 $143 $0 $306 $83 $2,598 79.5% Euless $980 $308 $7 $1 ,386 $429 $3,111 31.5% Grapevine $1 .848 $1,198 $14 $2,916 $2,324 $8,298 22.3% Hurst $1.181 $509 $6 $382 $297 $2,375 49.7% Keller $1 ,880 $163 $3 $395 $99 $2,540 74.0% NRH $1 ,880 $617 $30 $625 $328 $3.479 54.0% Southlake $2,518 $519 $6 $780 $241 $4.064 62.0% Avera e* $1,752 $489 $9 $925 $568 $3,838 49.9% * NOTE - Excluding Colleyville Values in millions Past annual operating budgets for Colleyville have been based principally on anticipated revenues generated from the property tax. Property tax revenue for the FY 2003 Budget accounts for nearly 80% of available revenues for Colleyville. The area cities average percent of property tax revenue to all revenues is just under 50%. This variance creates a need for policy discussion by the City Council as it considers potential reductions in the revenues from the core source of operational funding. The current $45,000 exemption results in a taxable loss of $117,452 in revenue to the City. The City Council may want to evaluate the loss in revenues from any increase in exemptions. To keep this review "apples to apples", staff recalculated the Effective Tax Rate schedule for FY 2003 assuming the $60,000 exemption would have been effective for this budget year. By increasing the exemption to $60,000 on the 761 accounts, there would be a value loss of $11,415,000 and a revenue loss of $39,641. Tables 6 reflect the impact of an increase in the exemption. Table 6.1 Comparison of current tax rate to exemption level Over 65 Property Exemption Total ___!~~__~~.~~.__._._._..__.__.__.~~~, O_Q.Q.__.____.__.__.____~~______. 0& M tax rate $0.272230 $6,434,796 1& S tax rate $0.075170 $1.776,820 Total tax rate $0.347400 $8,211,615 Over 65 Exemption $60,000 $0.271865 $0.075535 $0.347400 Total Lev~ $6,395,135 $1,776.825 $8,171,959 Variance (Lost Tax Revenue) $(39,661) $ 5 $(39,654) As mentioned, applying an additional $15,000 to the exemption has a fiscal impact of losing nearly $40,000 in revenues. The 0 & M tax rate of $0.273551 (Table 6.2) requires a 10.86% increase above the Effective Tax Rate of $0.251989 to make up this difference. Table 6.3 shows that keeping the tax rate adjustment below the 8% Rollback rate yields just over a $33,000 loss of revenue. Generally, the regional and local economy is - at best - flat. Staff is projecting minimal revenue increases for the FY 2004 Budget. Anticipated revenue increases for the upcoming budget were identified for planned expense adjustments during this year's budget process. Thus, managing the tax rate will require either further budget decreases or a tax/user rate increase to cover the impact of the additional $15,000 exemption. Either approach will require City Council policy direction. There are limitations on the City Council being able to manage the impact of increasing the exemption. As an alternate, the City Council may elect instead to evaluate a discount for utility payments by property owners over age 65. A discount can be applied to the monthly minimum utility bill. The current utility billing has a minimum payment of $20.60 for water and sewer. This base billing is charged to cover associated monthly basic overhead costs and water-sewer usages of 2,000 gallons. As seen in Table 7, Colleyville's minimum rate is 0.08 percent above the average of the surrounding cities. Bedford, Euless and North Richland Hills do not include any gallon usage in a minimum water bill. Bedford, Euless, Hurst, and North Richland Hills do not include any usage in their minimum sanitary sewer bill. When including the rate these citizens pay for 2,000 gallons of water and sanitary sewer with the minimum bill, the averages increases to $15.19 for water and $9.19 for sanitary sewer service. A survey of the cities determined that Bedford offers a $1.00 Over 65 adjustment for utility payments. Table 7 Minimum Water 0,00 $12.00 .06 Minimum Sewer $4.46 Cit Bedford colleyvHle Euless Grapevine Hurst $9,24 Keller $19,77 NRH $900 South lake 16 Average * $12.99 * NOTE: Excluding Colleyville $11.56 .22 50 $7.46 Minimum Combined $14.46 $20.60 $12.20 $17 $15.93 $31.33 $16.22 $35,66 $20.48 065 Minimum $13.46 $16.60 $12.20 $17.55 $15.93 $31.33 $16.22 $35,66 $20.34 For discussion purposes, the City Council may consider reducing the minimum for water billing to $8.00. This equates to a yearly $48.00 savings to a customer. This utility adjustment is comparable to the $39,641 General Fund loss provided by the additional $15,000 exemption. The impact, however is the owner of a $400,000 house realizes the same level of savings as the owner of a $55,000 house with the utility adjustment. Recall that Table 3 showed how the property tax exemption slides with lower savings for higher valued houses. If the City were to proceed with this approach of an adjustment, the Utility Fund would only lose $36,528 in the FY 2003 budget. To offset this, and not impact operational services, the per 1,000 rate could be increased by $0.01 for all customers, which is a 0.03 percent increase. This rate adjustment could be incorporated with the planned rate adjustments for the FY 2004 budget. This planned rate adjustment is the second in a two-part rate adjustment plan for utility relocation for the State Highway 26 project and possibly the Northeast Water Ground Storage Tank. It is helpful to consider the current rates in relation to surrounding cities to determine utility rate sensitivity by the ratepayers. Table 8 reflects the current rates of the surrounding cities for 15,000 water and 10,000 sanitary sewer gallon usages per month usage. The planned rate adjustments for State Highway 26 are incorporated in this rate table. Table 8 City Bedford Colleyville CoJ/eyville wlO 65 Euless Grapevine Hurst Keller NRH South lake Average* * NOTE: Excluding Colleyville In summary, an increase in the Over 65 exemption has been shown to have an impact to available revenues, tax adjustments, and operational funding. The development and structure of an annual operating budget is by its nature a process of allocating scarce resources. Colleyville is not unique in not being able to meet all its needs - that is why cities go through the budget development process. Budgets are built upon a reasonable expectation of anticipated revenues. This previous year witnessed cities across the metroplex having to adjust expense plans to reduced revenues because of the economy. This economic adjustment was beyond City Council control. A discussion by the City Council on this topic is different in that you are able to determine the level of fiscal impact by reducing revenues. An increase in the Over 65 exemption will create either a property tax increase or a loss in revenues. By avoiding this, the City Council can provide an Over 65 adjustment to the utility minimum monthly billings. Unfortunately, this yields a constant savings across the board to each of them. In light of trying to minimize negative impacts to the General Fund, this later approach provides the least impact financially to the City Council servicing citizen needs. ORDINANCE 0-03-1390 AN ORDINANCE RESCINDING ORDINANCE 0-93-915, AND EXEMPTING A PORTION OF THE MARKET VALUE OF RESIDENT HOMESTEADS OF PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER AND DISABLED PERSONS FROM AD- VALOREM TAXES, RENDERED AFTER THE PASSAGE OF THIS ORDINANCE WHEREAS, the City of Colleyville is authorized to grant exemptions to persons sixty- five years of age or older and disabled persons; and WHEREAS, the City of Colleyville has previously granted such exemptions in Ordinance 0-93-915; and WHEREAS, the City Council is of the opinion that said exemption should be increased. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT Ordinance 0-93-915 of the City of Colleyvi'le and any other conflicting ordinance is hereby repealed. THAT Sixty Thousand Dollars ($60,000.00) of the market value of the resident homestead of persons, married or unmarried, including those living alone, sixty-five (65) years of age or older is hereby exempted from ad valorem taxes levied by the City of Colleyville effective beginning for Tax Year 2003. THAT Fifteen Thousand Dollars ($15,000) of the market value of the resident homestead of persons, married or unmarried, including those living alone, who are under a disability for purposes of payment of disability insurance benefits under the Federal Old Age Survivors and Disability Insurance or its successors, is hereby exempted from ad valorem taxes levied by the City of Colleyville effective beginning Tax Year 2003. That in order to receive such exemption, the person claiming same shall comply with Section 11.43 of the Property Tax Code of the State of Texas and any subsequent amendments thereof. Ordinance 0-03-1390 Page 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. 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 CITY COUNCIL city O( (C~n", AGENDA BRIEFING 1('.\ ;:'IS MEETING DATE: I ITEM # : RESOLUTION # : 02/04/03 7 R-03-2097 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW I N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a waiver of sidewalk construction requirements on Lot 1, Block 1, Stephens Addition, located at 612 Shelton Drive, Case P-03-002 Reading and Public Hearing Backqround Billy and Dinah Stephens are the owners of a 0.4431-acre parcel of land located on the north side of Shelton Drive, at the northwest corner of Hunter Lane. The Planning and Zoning Commission approved a Minor Plat of the property at the January 27, 2003 meeting. The owner su bmitted a plat of the property to create a lot for the construction of their new residence. One of the requirements for building a new house is to construct sidewalks along the street frontages or escrow an equivalent amount of money with the City for the future construction of the sidewalks. The owner is seeking a waiver of the sidewalk construction requirement for this property, as explained in the attached letter. The Stephens do not own any contiguous property. The property is zoned R20 Single Family Residential. The lot has frontage on both Shelton Drive and Hunter Lane. Both streets are asphalt streets without curb or gutter, and there are no sidewalks on either street. The following table shows the pertinent data relative to this request. Sidewalk Construction Cost Estimate STREET FRONTAGE ESTIMATE COST PER LINEAR FOOT Shelton Drive 80.0 feet $ 1, 1 20 $14 Hunter Lane 240.3 feet $ 3,364 $14 Totals 320.3 feet $ 4,484 $14 The Stephens' have appealed this requirement as allowed by the Land Development Code. The Land Development Code gives the City Council the authority to consider a waiver from this regulation, as the Council is the appeals body for Chapter 9 of the Code, in which this regulation is contained. Agenda Briefing Resolution R-03-2097 Page 2 of 2 The City Council's options in this case are the following: 1. Approve the waiver as requested - This action would waive the sidewalk construction requirement for this property. 2. Approve the waiver in part - The Council may waive a portion or percentage of the fee. 3. Deny the waiver - The property owner must construct the sidewalks or escrow $4,484 with the City before building permits could be issued on the property. Recommendation Denial Attachments · Location Map · Letter from Applicant · Property Layout · Resolution R-03-2097 . '" 2,99 lie ~, '" ,- II .... 0 c> u ( EPHEF 12 3RI St1 ~ ADD 12 ----1 1 @Y I ".665~ . JR, fA 191 1.19 lie 2 AC 2 .69 " o \ fA 2Ft .6.,'1 . IlJ'l '.0 4C ~ REl) SVa 1'i3<:>0 1 . FleE \ 1..1I2.tlS . 1 6tEP c, lR 2E2A TR 2F2 .50 At ,., ~c . t' t.;~~2 1M 21=2 1.5 . CO VVrl ~ 1 I TR 20le B.'9S' At ! i i ! TR TA i 202 20 i ';:2 Ir:l ! i i i ---- ~ o lIE r1.-'( \. ,nvr;.. 2 51"r16g ! - TR >DIC TA 201 8.qs9 At 1.8 AC fA ZE .7 AC It~~::U ~ ~ TR >DIB 4.. At o. 1.2& . 'AA A 1 Ie 2A ]A 10 i -----40-"1 ! pL i i ! i AlE AlP AIN AI i .tt7Q I ! TR 21\ i .55 At i n_h_______uj 1M 19 Q"n__._______n__. ! I.' PC }- .--.-----.~~-~E---.----n-. ! I.. AC i ! i _________..____h____ .i ___n_____ u_..___ ! i ! \ i j' \ 7[2 ! ! i ! ! ! i i 1 \)t>-\j\'5 # 2" 4.98 At \A L StJ ,.' 1.662 . Tn"" 1.0 ole 3 EvA pJ\ o 5 TR 2 1.0 At Tl't 2M 2.0 At I. TR \ 3.1CVK: fA Iltl ~ ..3 AC ,.~ 1- ''':~ n 1.055 . 78 (\.13 Srlll! 'E- -).)1'<2".02 "1- , \~s fR III I.. AC TR &It .44 AC ~. SA S'\ Ct)OKS --c 7A2 7AI !lit 5" 70 X" 701 701. Tn Itl ~\.~~ ~. 1 j 1. 21~ .. TR 10 I.. AC fR IEl 1.84 At DIl ... TA 11 2Q.1 -" -,~ - - -\: 1.58 AC ~ , , Location Map CASE # P-03-002 - STEPHENS ADDITION - Minor Plat A 10"", AISI 11'192 AIR3 AI. 612 Shelton Drive Colleyville, Texas 76034 January 24, 2003 City Council City of Colleyville P.O. Box 185 Colleyville, Texas 76034 Re: 612 Shelton Drive, Colleyville, Texas Dear Council Members: In connection with our desire to replace our existing house with a new one, we are in the process of platting our property, which has never been platted before, but is a lot of record. We are now in receipt of a letter from the Development Review Committee advising us that at the time we build a new house on the above lot, we must also build a sidewalk along the front of Shelton and the side of Hunter. Our house is located in an area where there are no sidewalks and to build one would dramatically change the character of the neighborhood which is quite rural. There have been several houses constructed in the area recently, on Westcoat, Pleasant Run, Tinker and Waller. No sidewalks have been constructed at those locations. In view of the above, and the financial strain constructing a sidewalk would place on us, we are requesting a waiver in this connection. Your consideration of this waiver is greatly appreciated. Very truly yours, ~ or~la.a Dinah H. Stephens ,I + .;~:~ 2 ~~~~~ I: N:Z;ZIl! ~ .~l.. ~I .~ . ,_I; .~ ~ ~ ~.I' ~ ~ ~ j ~~ ~j ~ al > j gl I " ~, fl =8 i ~ ii :E ~~ 'o:~ L-__ _ ,..:~\ i~ I.... I J,lY . ~_ '-?-'''. ~ --t----------~-- .:'. -=-_-~_~~;\_,~Ff:~-- ~ ~ ~,~~----;-::..:- - y "- -?~ ~:: I ... _ ___' ~ -. ~ _u __. ~ - - - - -T /,/' r --'--t, 1 ~ 1r-J"--it ~ " ~ ---~,,~,~ .,.;-~~~~~'"' ~'_:,:.::- I~~=+-::- . . ~;.,", l- ~l{~~b~ r ~ ~;~l~ ~lll II 'L 1-.. 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I '-'J Z '" z ~ I'! ~ '1\ = ~ ~ ~ i RESOLUTION R-03-2097 A RESOLUTION APPROVING A WAIVER OF SIDEWALK CONSTRUCTION REQUIREMENTS FOR LOT 1, BLOCK 1, STEPHENS ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the sidewalk construction requirements for Lot 1, Block 1, Stephens Addition, are hereby waived. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL city O{ CC:~il<B AGENDA BRIEFING IC'X"S MEETING DATE: ITEM # : RESOLUTION # : 02/04/03 8 R-03-2098 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW eft N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a waiver of a Special Use Permit application fee for an accessory building requested by Terry Grisso Reading and Public Hearing Backqround At the January 21, 2003 meeting, the City Council denied a Special Use Permit request for an accessory building located at 1205 Glade Road. The applicant, Terry Grisso, would like to submit a revised application for consideration by the City, and is requesting that the application fee for the new submittal be waived. City staff is not authorized to waive application fees for zoning requests. The application fee for a Special Use Permit for an accessory building is $175. Recommendation Denial Attachments · Letter from Applicant · Resolution R-03-2098 23 January 2003 City Council Members: This is a request for a waiver from having to pay a second special use permit fee for an auxiliary garage building at 1205 Glade Road. Background information: I paid my special use permit f~ submitted an applialtion and proposal for a 1750 square foot auxiliary garage building for my property back in October. The Zoning and Planning Board passed the proposal in November. I talked to Engineering about the proposal and was told that there was a good probability that it would be passed. It was presented at the City Council first rearti"B and public hearing, at the City Council second reading and public hearing meeting when it was voted upon, it was unanimously denied by all the City Council members. I was then told by Engineering that my proposal had to be significantly different to be heard again. I asked to place the sign back in my yard and was told not to worry about it. I made changes to my plan and bad neighbors sign a petition allowing an auxiliary garage building. I then submitted an amended request that I was told would be heard at a City Council meeting. I sent e-mails to each of the City Council members and asked for their support, none have responded to date. When I talked to Engineering, the night of the City Council meeting January 21, my proposal wasn't on the schedule and was told it would be discussed at the next City Council meeting. On January 22, I received my packet in the mail stating that it was being returned to me, requesting a second application and a second payment for a special use permit before my amended proposal would be looked at or heard again. I was starting the process allover again! I was notified today of the deadlines and dates. This has been an extremely ftustrating experience! May I suggest that someone in Engineering make up flow charts, so that citizens like myself can detennine what the proper sequence of events are, and a one page "how to instruction" sheet on what a person should do to get a proposal passed the first time and make it easier on the City Council, Engineering and Administration taking up less of their valuable time. If something like this is already available, I haven't seen it or else 1 missed reading it! I believe it is unacceptable to require a second payment from an individual when the first proposal doesn't pass. To a large company, they may have deep pocketsl I don't and am requesting a waiv~ of the second fee. Thank you. TerryGrisso ~ 1205 Glade Road Colleyville, Texas JAN ~ ~ 2003 'r ",' Amended Proposal for Accessory Building January 8, 2003 To: City Council Members and Zoning and P1at'ning Board, I would like to request the waiver of an additional fee since my first special use permit proposal for a 1750 square foot auxiliary building was denied by the City Counsel even though it was approved by the Planning and Zoning Board. The funowing is my amended proposal for an accessory building garage of 1500 square feet on my .8 acre lot at 1205 Glade Road in Coneyville. Attached is a drawing ofwhat I would like to put up. The dimensions in feet will be (Length x Width x Height): 50 x 25x 10 using a ranch style roof line similar to my house. The exterior four sides of the structure will be made out of a minimum of 29 gauge ribbed painted steel panels in a compliroentJ\ry color to my house. The roofwill alto be of the same ribbed painted metal material. The inside tlooring in the garage will be concrete with an extension on all four sides of the outside wall (a brick. ledge) to allow brick or stone to be placed on the structure in the futuce. My new fence will continue to surround it on three sides. Where my old fence is, I will replace part oftbat on the North side so that primarily only the top of the -front four gaqge doors will be visable from the street and the top 4 feet of the roof. My lot is on the South side of Glade Road on the east comeI". The garage would be built on the South side of the lot with the 4 garage doors facing the North towards the back of my house. I will have a concrete driveway to the garage. The garage would be in addition to my present 12xlO gazebo by the pool and one car garage (17x24 )(shown in the plot plan) will be used to stOft' my lawn tractor, boat and canoes so that they are not visible eitheI and my llxS storage building. As I indicated previously I have already torn down several of the structures in my back yard. I am requesting a Special Use Permit (variance) because my lot isn't one aae as indicated by the city code that allows a 1500 square foot garaae to be built on it. The purpose of the garage is to improve the appearance of our bk>c;k by having loom for some of our 6 family cars that are presently visible when driving by on the street. I respectfully request your approval of my proposal and plan, so that 1 can help in the efforts to beautify Colleyville and to improve my property. Thank you. Terry Grisso, 817-581-6682 1205 Glade Road, ColleyviUe, Texas 76034 P. S. Attached are signatures of neighbors who support my 1500 square foot garage auxillary building and a new drawing. PETITION FOR 1500 SQUARE FOOT GARAGE ACCESSORY BUILDING The following is a petition for approval by the City Council of a 1500 square foot garage accessory building on Terry Grisso's property at 1205 Glade Road, Colleyville, Texas. Name ~4~/~ Clffj/)tl ;;~f{E c?c~f~ ~.. S.J~JUNErt(2. f:.,lkfl lI~/?L)'?k-f Gecrye W'c K:so ~1 rt/0-~Q (-{U-f!,fcUJcf //1- ~ f-( ~~f'l~ cP 1 .f ___.-, l!4-4eu- ~~ iJCC(ge /rY/ ~~ ,'-t/? 12~i/t(,;;'ff~ I {,it;-, )', ''--'',(~'vl.fwL ,,,,jL6..vv {' l/ /)' ! -, J IJ' L". C ;' i l i i::' '.'" , ' , '-''',1 fl.-A" ~)'>-'~-0tr,',,f,'~," ,. k.\,,( ~~ _ I. ~.- - _,'-'" _ _ !~",--,Jk'Lfj1, ~"'" (0,' /~1-- t </1 0\ I, W '~",-.., Address 1'31r- q~ ) 30 I a jd.c1. e- lM/ ,~ I zo I C-Llt-lJC, I:;t-D'5- (!/f'jZ)~ j "L '/ /1{ AI ~ &-.. r7 4- "'1. I ( [.1 (J r (i;1-,~ ~ / I {J 0 d0 CO)~./A.-t / 1/ ~ .Je.7 {!/cJlC~tCL /1/2 Cil1de /(J , -1" ! -1-. ! " C ~(t{, AJ f-tr^---' t "j I .-j / ) . I { 0 cl t> (tt (( ( rt \,- I ! b l( :\t C./V~ \) PETITION FOR 1500 SQUARE FOOT GARAGE ACCESSORY BUILDING The following is a petition for approval by the City Council of a 1500 square foot garage accessory building on Terry Grisso's property at 1205 Glade Roa~ Colleyville, Texas. Name }'11. '<r (1; ~ ~ 2... ~ '" Address I/t: 5" V [~( l/ f ~-, ."" ?L/.l~-~' ': /:' to.-"'" .4 j I >';11... L c7 ( ,,_____. / I b z? G~)'-1 t.-- "" I L /V j,(J <-;t / JU ~ '+- .~~~ r, / . L-... )' \ t l J\~------ "\~i, ",'"J/-' \] l''\\~". . " 1 rQ 1 ; i' - t\L i" V t //#/1 ~~RY LY/l/Y /10/ ~ ~ /;l/3 &/"~Lr4e- l-' /{ 1l0' ~'i.V"J ~1 VI ~e \ l 0 [ /)0 c: (.zOrJ( \./ ,----/ , -->~[,~+l~;twll ~.~~)-- 1113 G'''J)Jfl1 j).\-Q.. * ~(\I\~ llJ::tW'Jod \\\'1 Glctde RWii ~.ILL/ . /3/0 ~ rR . ~1~~/./-~ ':;:,A'tC=z= ~ C' ff.h.,. r> ~ I. L6- r r' !\~ \ \ \ '" ---. ~ \ \ \ !\, ,I / / / W t~, ~ _ f') { '~~~ , ,... ,\J~ ..... - ~ ~ "- '5 ~ \it. "" ~ '- ~ {'4 ;tr.,. --- ...., RESOLUTION R-03-2098 A RESOLUTION APPROVING A WAIVER OF THE SPECIAL USE PERMIT APPLICATION FEE FOR 1205 GLADE ROAD NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Special Use Permit application fee for 1205 Glade Road, is hereby waived. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL Cifyor CC:~iliB AGENDA BRIEFING 1(.,:-;,,$ MEETING DATE: ITEM # : RESOLUTION # : 02/04/03 9 R-03-2099 CITY MANAGER DEPARTMENT HEAD i FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Calling a General Election for the purpose of electing a Mayor and Councilmembers to Places 1 and 2 Reading and Public Hearing Calling a General Election for May 3, 2003, for the purpose of electing a Mayor and Councilmembers to Places 1 and 2. This Resolution provides for dates, times and location of the election, early voting and information for candidates regarding filing dates and times, and names the election and alternate judge. Financial Impact None Recommendation Approval Attachment . Resolution R-03-2099 RESOLUTION R-03-2099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CALLING A GENERAL ELECTION FOR MAY 3, 2003, FOR THE PURPOSE OF ELECTING A MAYOR AND COUNCILMEMBERS TO PLACES 1 AND 2 WHEREAS, the City of Colleyville, Texas, desires to conduct a General Election as set forth by Section 41.001, Texas Election Code, to be held on May 3, 2003, at which time the voters will elect a Mayor and City Councilmembers to Places 1 and 2, including the conduct of early voting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. THAT a General Election is hereby called to elect a Mayor and City Council members to Places 1 and 2, to serve until their successors are duly elected and qualified. Such election shall be held in the cafeteria at Bransford Elementary, 601 Glade Road, Colleyville, Texas, on the 3rd day of May 2003, from 7:00 a.m. to 7:00 p.m.; and THAT if a Run-Off Election is necessary, it shall be held in compliance with the Texas Election Code and requirements of the Charter of the City of Colleyville; and THAT qualified persons for City Council Offices may file as candidates by filing applications in the office of the City Secretary 5400 Bransford Road, from 8:00 a.m. until 5:00 p.m., February 17 through March 19, 2003; and THAT early voting shall be held at City Hall April 16, 2003, and shall continue through April 29, 2003, Monday through Friday from 8:00 a.m. until 5:00 p.m. and on Saturday, April 26, 2003, from 10:00 a.m. until 3:00 p.m.; and THAT voting machines shall be employed for the regular municipal election, including early voting, herein ordered in compliance with the provisions of Chapter 121 of the Texas Election Code, as amended; and Resolution R-03-2099 Page 2 of 2 Sec. 6. THAT the following persons shall be the officers who shall conduct the election: Bertha Westerman - Presiding Judge Helen Lear - Alternate Presiding Judge and no more than seven (7) eligible persons as clerks whom the election judge shall appoint; and Sec. 7. THAT the election clerks serving the Election shall also serve as the Early Voting Ballot Board for the election. The Presiding Judge shall serve as the Board's Presiding Officer; and Sec. 8. THAT the Election shall be conducted according to the election laws of the State of Texas and requirements of the Charter of the City of Colleyville. AND IT IS SO RESOLVED. 2003, BY A VOTE ABSTENTIONS. DAY OF NAYS AND APPROVED THIS OF AYES, ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL city O( r(V~n(iU AGENDA BRIEFING ~'(-t /~~ Il' _-;~~ MEETING DATE: ITEM#: i RESOLUTION # : 02/04/03 10 R-03-3000 CITY MANAGER DEPARTMENT HEAD ; FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Approval of a contract with the Tarrant County Election's Administration for election services Reading and Public Hearing A General Election will be held on May 3, 2003, for the purpose of electing a Mayor and Councilmembers to Places 1 and 2. Staff proposes to contract with the Tarrant County Elections Administration primarily for use of an on-line voting system to further enhance the voting process. The Early Voting Ballot Tracking System facilitates early voting through verification of voter eligibility. This system also promotes voter convenience by processing voters in a more efficient and timely manner. The Tarrant County Elections Administration Office will provide daily early voting reports and prepare a list that denotes the person who cast early voting ballots. Historically, the preparation of this list has been a manual process. Financial Impact Funding is available in the City Secretary's budget, Elections 001-14-6215 Recommendation Approval Attachments . Resolution R-03-3000 RESOLUTION R-03-3000 A RESOLUTION APPROVING A CONTRACT WITH THE TARRANT COUNTY ELECTIONS ADMINISTRATION FOR ELECTION SERVICES WHEREAS, the City of Colleyville, Texas, desires to conduct a General Election, to be held on May 3, 2003, at which time the voters will elect a Mayor and Councilpersons to Places 1 and 2; and WHEREAS, the City of Colleyville desires to contract with Tarrant County Elections Administration for use of an on-line voting system to further enhance the voting process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council approves the contract, with the Tarrant County Elections Administration for election services, hereby attached as Exhibit "A". AND IT IS SO RESOLVED. APPROVED THIS AYES, DA YD OF NAYS AND 2003, BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor EXHIBIT "A" CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRATION AND CITY OF COLLEYVILLE THIS CONTRACT made this day of ,2003, by and between City of Colleyville , acting by and through the governing body of hereinafter referred to as "Governing Body", and Robert Parten, Elections Administrator of Tarrant County, Texas, hereinafter referred to as "Contracting Officer", and by authority of section 3l.092(b), Texas Election Code, for election services of the General Election on May 3, 2003. DUTIES AND SERVICES OF CONTRACTING OFFICER The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment. (a) Contact the owners or custodians of polling places or custodian of some other public (or if unavailable, private) building in the election precinct and arrange for its use as a polling place in the election. (b) Procure and distribute all necessary election supplies, including: (1) ballots; (2) election kits; (3) early voting equipment; and (4) rental of tables and chairs (c) Procure all necessary voting machines and equipment, transport machines and equipment to and from the polling places, and prepare the voting machines and equipment for use at the polling places, as described in separate Rental Agreement. The ballot boxes and voting booths are provided by the County. (d) Provide for the notification and training of election officials. (e) Supervise and conduct early voting in person and by mail. Arrange for the notification and training of the Deputy Early Voting Clerks. The early voting location, including days and hours of voting, are established in the Order of Election. Ballot by mail request shall be mailed to the Early Voting Clerk, Cynthia Singleton and will be processed by the contracting officer. 1 Ballots shall be mailed to Early Voting Clerk, P. O. Box 961011, Fort Worth, Texas 76161-0011. Cynthia Singleton will serve as Early Voting Clerk and Robert Parten, Tarrant County Elections Administrator, will serve as Deputy Early V oting Clerk. Additional Deputy Early Voting Clerks will be appointed to conduct early voting at Colleyville City Hall, 5400 Bransford Road., Colleyville, Texas. (f) Assist at the central counting station to receive and tabulate the voted ballots. The Central Count/ Ballot Board Judge shall be Bertha Westerman Additional personnel shall be appointed by the Ballot Board Judge. (g) Conduct a manual count of at least one percent (1 %) of the election precincts or in three precincts, whichever is greater, and submit a written report. (h) Publish the legal notice of the date, time, and place of the test of the electronic tabulating equipment and conduct such test. (i) Provide the advisory services in connection with the decisions to be made and the actions to be taken by the governing body which is responsible for holding the election. U) Prepare the unofficial canvass report and deliver copy to governing body as soon as possible, but in no event later than 10:00 AM on May 5,2003. (k) Provide the same services, equipment, and supplies necessary for the runoff election if required. (Cost will be based on the actual number of hours required in furnishing the additional services times the cost per hour specified in this contract, together with the actual cost for supplies, equipment, and rentals.) In the event a runoff election is necessary, the City and County will enter into an amendment to this contract. (1) Serve as custodian of election records for 60 days following the election. DUTIES AND SERVICES OF GOVERNING BODY The governing body shall, at its sole cost and expense, perform the following: (a) Prepare appropriate documents for assisting the Contracting Officer in establishing precincts and polling places, election judges, and members of the Early Voting Ballot Board, if necessary. The Central Count/Ballot Board Judge shall be Bertha Westerman. 2 (b) Prepare all election orders, resolutions, notices, and other statutory documents for adoption and for execution by the appropriate officer. Take all actions required by law for calling the election, handling contests, canvassing the returns, and declaring the results. (c) Prepare and submit to the U. S. Department of Justice under the Federal Voting Rights Act of 1965, the required submissions on voting changes and procedures. (d) Prepare and publish in the official newspaper, or post, all required election notices. (e) Provide two (2) single telephone connections for Early Voting systems. (f) Deliver to the Contracting Officer, the official wording that is to be printed on the ballot with the exact form, order, Spanish translation, and spelling that is to be used. The governing body shall approve the final form and wording of the proposed ballot. (g) Arrange for the selection and compensation of election officials for early voting by personal appearance and election day. (h) Pay any additional costs incurred by the contracting officer if a recount for the election is required, or the election is contested in any manner. GENERAL CONDITIONS (a) Nothing contained in this contract shall authorize or permit a change in: (1) the officer with whom or the place at which any document or record relating to the election is to be filed; (2) the place at which any function is to be carried out; (3) the officers who will prepare the official canvass of the election returns; (4) the officer who will serve as custodian of the voted ballots or other election records; or (5) any other nontransferable functions specified by section 31.096 of the Texas Election Code. (b) The Contracting Officer is the agent of the governing body for the purposes of contracting with the third parties, with respect to the election expenses within the scope of the Contracting Officer's duties; and the Contracting Officer is not liable for the governing body's failure to pay a claim. (c) The Contracting Officer shall file copies of this contract the County Judge and the County Auditor of Tarrant County, Texas. 3 PAYMENT FOR SERVICES (a) Only the actual expenses directly attributable to the Contract may be charged, plus an administrative fee of 10% of such actual costs. (Section 31.1 OO(b), Texas Election Code) (b) As partial payment of the Contract estimate of $ 2,160.00 , the Governing Body shall pay to Tarrant County the sum of $ 1,100.00 , at the time the contract is executed and the election is called. The balance for such services shall be paid within thirty (30) days from receipt of final billing. In the event said election is cancelled in accordance with Section 2.52, the governing body shall reimburse the county for any expenses incurred as of that date. WITNESS the following signatures and seal: BY MAYOR CITY OF COLLEYVILLE, TEXAS BY ROBERT PARTEN, ELECTIONS ADMINISTRATOR TARRANT COUNTY, TEXAS 4 ELECTION SERVICES CONTRACT FOR CITY OF COLLEYVILLE A. ST A TIS TICAL INFORMATION 1. Eligible Voters 15 ,000 2. Estimated Turnout 25% 3. Number of election day polling places ~ 4. Number of early voting locations -L 5. Number of ballots to order 3,750 B. COST OF ELECTION ESTIMA TE ACTUAL 1. Cost of Ballots (I colullln, I ,ide, 12') $ 850.00 $ 2. Ballot Proofing/Distribution (2- hours x $20) $ 100.00 $ 3. Voting System Programming and Testing $ 60.00 $ -.L hours x $20.00 4. Election Kits (includes preparation) l Election Day l Early Voting X$80 $ 160.00 $ 5. Polling Place Rental $ N/C $ 6. Rental of Tables and Chairs $ N/C $ 7.. Early Voting On-Line System a. 1 EV Work Stations x $250 $ 250.00 $ b. Preparation (~ Hours X $20) $ 200.00 $ (Includes runners, set-up, closing) 8. Early Voting Ballot Tracking (~hrs x $20) $ 40.00 $ 9. Early Voting By Mail, and Support Personnel (~Hrs X $20) $ 40.00 $ 10. Preparation and Distribution of Supplies and Conduct Training (EV & ED) ~ Hours x $20 $ 100.00 $ 11. Central Counting Station a. Technical Support Personnel ~ Hours X $20 $ 100.00 $ 12. Preparation of Canvass $ 20.00 $ --.L Hours x $20.00 13. List of Voters Who Voted $ 40.00 $ a. Preparation (2 hours x $20) b. Hard Copy ($10.00Ieach) 14. Manual Count $ 200.00 $ COST OF ELECTION $ 2.160.00 $ Administrati ve Fee (10%) $ 216.00 $ TOTAL COST OF CONTRACT $ 2.376.00 $ Rental Agreement for HIP Eagles (Includes transportation & preparation of machines and voting booths) ~ X $200 $ 400.00 $ TOTAL COST OF ELECTION $ 2.776.00 $ Section 31.000, (c) Election Code, If the estimated expenses, not including the fee charged under Subsection (d), exceed the actual expenses, the amount of the difference shall be refunded to the contracting authority. Section 2.052, Election Code, In the event the election, or any part thereof, is canceled, the governing body shall reimburse the County for only those expenses incurred. 2 COUNTY OF TARRANT ~ ~ ~ Dr~" THE STATE OF TEXAS VOTING MACHINE RENTAL AGREEMENT Tarrant County, Texas, a corporate body politic, hereinafter designated as "the County", represented in this Agreement by the Elections Administrator, hereby agrees to rent the following voting machine(s) to the hereinafter identified organization on the terms stated below. CITY OF COLLEYVILLE PO Box 185 Colleyville, Texas 76034 hereinafter designated as "Renter", has requested the rental of...l. Optech III-P Eagle voting machine(s) at $200.00 per machine on the terms stated below. (I-Early Voting and I-Election Day) I. Please forward a copy of your ballot to Rick O'Neal at the Voting Equipment Center, 2700 Premier Street, Fort Worth, Texas 76111. II. The rental period of voting machine(s) shall commence with the 3rd day of MAY 2003 and shall not extend to a date which will interfere with subsequent elections for which the County is responsible for providing the voting machines(s) for public use and to this end will, in compliance with the Election Code, Article 7.14, Section 20 obtain a Court Order, at the Renter's expense, permitting the affected voting machine(s) to be cleared and available to the County, no later than the tenth day after the first election for which the voting machine(s) were rented. III. Only voting machine(s) which the County believes to be in safe operating condition wiII be provided and the Renter agrees to hold the County harmless for any damages arising from the Renter's use of the voting machine(s). IV. Renter agrees to return the voting machine(s) in the same condition as when received, normal and considerate usage wear excepted. Renter agrees to reimburse the County for the costs to repair damages to the said machine(s) during such time as the County does not have control custody of said machine(s). V. The said machine(s) will be delivered by the County to: City of Colleyville Designated Sites and picked up by the County at said place. In witness of this Agreement, we the County and the Renter affix our signatures on this _ day of ,2003. TARRANT COUNTY, TEXAS CITY OF COLLEYVILLE, TEXAS By: By: ROBERT PARTEN ELECTIONS ADMINISTRATOR AUTHORITY TO CONTRACT COUNTY OF TARRANT ~ ~ ~ THE STATE OF TEXAS EARLY VOTING EQUIPMENT Tarrant County, Texas, a corporate body politic, hereinafter designated as "the County", represented in this Agreement by the Elections Administrator. hereby agrees to rent the following work stations to the hereinafter identified organization on the terms stated below. CITY OF COLLEYVILLE hereinafter designated as "Renter", has requested the rental of --1- Early Voting Workstation(s) at $ 250.00 * per unit. 1. The rental period for work station(s) shall commence on the 16th day of Aoril 2003 and continue through the 29th day of Aoril , 2003. Rental shall not extend to a date which will interfere with subsequent elections for which the County is responsible. 11. Only equipment which the County believes to be in safe operating condition will be provided and the Renter agrees to hold the County harmless for any damages arising from the use thereof. 111. Renter agrees to reimburse the County for the costs to repair damages to the said equipment during such time as the County does not have control custody of said equipment. The equipment will be delivered by the County to: City of Colleyville Designated Early Voting Site and picked up by the County at said place. In witness of this Agreement we the County and the Renter affix our signatures on this ,2003. day of TARRANT COUNTY, TEXAS CITY OF COLLEYVILLE, TEXAS By: By: Robert Parten Elections Administrator Authority to Contract * Cost included in the Contract for Election Services TRAFFIC SAFETY ADVISORY TASK FORCE MINUTES - November 4,2002 1. CALL TO ORDER. The meeting of the Traffic Safety Advisory Committee was called to at 7:05 P.M. in the Colleyville Community Center at 5300 Bluebonnet Rd. Those present were: Angela Davis Craig Lemmon Sarah Simon Rich Hendler - City Council Liaison Chief John Young 2. DISCUSSION ITEMS: A. Reviewed and discussed modifications to the Bransford Elementary School Zone. 1. Move school zone light at 100 W. Glade Rd. east to within 200' of Glade/ Bransford crosswalk 2. Move school zone light at 700 Glade Rd. west to 300' of school property line. 3. Add or replace school zone signs as addressed in the MUTCD. B. Discussed standardization of all school zone time and placement of placards on school zone signs. 4. ADJOURNMENT A. Meeting adjourned at 8:15 P.M. PLANNING & ZONING COMMISSION Meeting Minutes - January 13, 2003 Vice Chairman Mark Jones called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on January 13, 2003. Roll Call: Present: Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones Jeff Wall Clayton Husband, Jeff Jones, Jan Levy Absent: Staff: Invocation: Commissioner Sellers Pledge of Allegiance Approval of Minutes: December 16, 2002 Commissioner Culley moved to approve the minutes of the December 16, 2002 as corrected (remove the weight of the cars on item #1, page #2, and remove Commissioner Kelly from the vote on Case Z-02-028). Commissioner Sellers seconded the motion. The motion passed by unanimous acclamation. Citizen Comments: There were none. 1. Case P-03-001 - Minor Plat of Risley Estates, 2.380 acres located at 505 John McCain Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Culley asked if there were any environmental or drainage issues associated with the property. Staff responded that there were none they were aware of. Commissioner Culley moved to approve the minor plat. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones Noes: None 2. Case Z-03-001 - PUBLIC HEARING - Special Use Permit for Alcoholic Beverage Sales at Town Center Colleyville located on the southeast corner of Hall Johnson Road & Colleyville Boulevard in 5500 - 5700 block Planning & Zoning Commission Minutes - January 13, 2003 Page 1 of 3 - Approved on January 27, 2003 Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He discussed at length the distance requirements from schools. Vice Chairman Jones asked if staff received any letters in response to the notice of public hearing. They did not. Commissioner Culley asked staff to expound on the impact the Montessori school will have on the commercial lot located closest to it. Clayton related to the commissioners a conversation that was held with the T ABC local office and how the measurement is calculated. Mr. Husband informed the commissioners they do not need to exclude a portion of the subdivision from the Special Use Permit because the applicant will have to satisfy all of the T ABC measurement requirements before the City can sign off on an application. Vice Chairman Jones opened the public hearing. Those present wishing to speak were: J. T. Corley, the owner of property located at 5409 and 5413 Colleyville Boulevard (Colleyville Farmers Market & the lube center). He informed the commissioners that he is in support of the Special Use Permit so other commercial properties can share the tax burden. There was no one else present wishing to speak and Vice Chairman Jones closed the public hearing. Commissioner Culley moved to recommend approval of the Special Use Permit. Commissioner Sellers seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones Noes: None 3. Staff comments, reports and discussion items: There was discussion about the upcoming Master Plan meetings and the way the City is broken into areas for scheduling the meetings. 4. Commissioners' comments and reports: Commissioner Culley thanked Councilman Rice for attending the meeting. ADJOURNMENT: The Commission moved to adjourn the meeting at 7:25 p.m. The motion was seconded and passed by acclamation. Planning & Zoning Commission Minutes - January 13, 2003 Page 2 of 3 - Approved on January 27, 2003 Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: January 27,2002 as submitted. NOTE: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - January 13, 2003 Page 3 of 3 - Approved on January 27, 2003 RESOLUTION R-03-3001 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF FEBRUARY 4, 2003 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF _ AYES, NAYS AND ABSTENTIONS. 2003, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor