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Home My WebLink AboutCity Council-Agenda Packets-10/20/2009City of Colleyville 100 Main Street ,' ~ Colleyville, Texas 76034 ' '"~~~~';~ Agenda 817. 503.1000 www.colleyville.com City Council Tuesday, October 20, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of amending certain miscellaneous fees charged by the Community Development Department PC-2 Presentation of the Monthly Financial Report - September 2009 PC-3 Presentation and discussion of the analysis conducted at the September 29, 2009 City Council Worksession PC-4 Discussion of changing the dates of regular City Council meetings in November 2009 and March 2010 PC-5 Discussion of setting a date for a joint City Council and Planning and Zoning Commission meeting to discuss the proposed SH26 overlay district PC-6 Discussion of the October 20, 2009, City Council meeting regular agenda 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites City of Colleyville Page 1 Printed on 10/16/2009 City Council Agenda October 20, 2009 Sec. 551.074 - Personnel -Discuss and deliberate the appointment, employment, evaluation and duties of the City Manager Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Carter Foster, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3155 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of the First Annual Colleyville Charity Softball Game benefitting the Colleyville Citizen's Police and Fire Academy Alumni Associations -Officer Raymon Cannon and Interim Fire Chief Russell Shelley Proclamation in recognition of the Colleyville Rotary Club donation of a 2009 trailer,to the Colleyville Police Department -Jon Bullock, President, Colleyville Rotary Club and Officer Raymon Cannon 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3156 4a Approval of the minutes of the regular City Council meeting of October 7, 2009 4b Approval of the minutes of the City Council worksession of September 29, 2009 City of Colleyville Page 2 Printed on 10/16/2009 City Council Agenda October 20, 2009 4c Approval to renew the janitorial services agreement option for Fiscal Year 2010 (FY 2010) with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $105,600 4d Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $135,000 4e Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVD(s) and CD(s), and non-book materials, learning games and puzzles 4f Approval of a waiver of the water well drilling requirements requested by Tom Risley at 505 John McCain Road 4g Approval of a bid award to W P and S Company for the repainting and renovation of the Hall Johnson Road elevated storage tank, in an amount not to exceed $485,892.25, and authorize the City Manager to execute the award documents and any associated change orders, in an amount not to exceed $25,000 4h Approval of a lease assignment agreement with Md7 Capital Three, LLC for the tower lease site at 312 McDonwell School Road, and authorize the City Manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1732 Amending Ordinance 0-09-1727 relating to the Fiscal Year 2010 (FY 2010) General Fund budget and authorizing the City Manager to use General Fund available cash, in the amount of $981,238, to prepay for the second of two fire apparatus being purchased for the Fire Department 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1733 Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 6b 0-09-1734 Approval of amendments to Chapter 2-Definitions and Chapter 5-Tree Preservation of the Land Development Code City of Colleyville Page 3 Printed on 10/16/2009 City Council Agenda October 20, 2009 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3157 Approval of the purchase of two fire apparatus from Martin Apparatus, Inc. in the amount of $1,908,231, and authorize the City Manager to execute the contract 7b R-09-3158 Consideration of changing the dates of regular City Council meetings in November 2009 and March 2010 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Library Board Minutes -August 10, 2009 Planning and Zoning Commission Minutes -September 14, 2009 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 20, 2009 -Reading and Public Hearing -Resolution R-09-3159 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 1 09, by 5: C thia gleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. 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 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 10/16/2009 ~'_ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,~°~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Community Development Department Agenda Date: 10/20/2009 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Discussion of amending certain miscellaneous fees charged by the Community Development Department Attachments: 2008 Miscellaneous Permit Fee Survey History of Legislative File Version: Date: Acting Body: Action Text: 1 10/20/2009 City Council Title Discussion of amending certain miscellaneous fees charged by the Community Development Department Explanation The Community Development Department proposes adding fees to the miscellaneous fee schedule where none currently exist. The Community Development Department performed a comprehensive fee survey in 2008 in order to compare current miscellaneous fees charged by the department with similar fees charged by seven neighboring cities. While the survey results reveal most of the fees charged for development related activities are well below the seven city average, staff is not recommending increases to those fees at this time. Given the current economic climate, staff proposes only adding fees to the fee ordinance, based on the survey, where none currently exist in Chapter Two of the Code of Ordinances. Staff proposes conducting another fee survey within two years that, given improved economic conditions, may serve as a guide for future fee increases measured against fees charged by other area cities. The proposed fee increases are as follows: Permit Type Current Proposed Driveway Approach Permit $ - $ 75.00 *Temporary Construction Trailer $ 94.00 $ 100.00 Foundation Repair Permit $ - $ 100.00 *Temporary Use Permit $ 94.00 $ 100.00 *Temporary Event Permit $ 94.00 $ 100.00 City of Colleyville Page 1 Printed on 10/15/2009 Agenda Briefing Continued *These fees are currently being charged based on inspection fees set in the 2000 International Building Code ($47.00 per hour x 2) as no standard fee exists in Chapter Two of the Code of Ordinances. Using this method to assess fees is authorized under the Building Code but is not recommended for the assessment of miscellaneous fees. Staff also proposes adding a fee for sidewalk waiver requests and general waiver requests to the Land Development Code and Code of Ordinances. The standard fee charged for all other Community Development variance/waiver requests is $125.00. The application of the fee to sidewalk waivers and general waivers will create a consistent fee for all waiver requests and will ensure labor costs incurred due to staff time spent on processing the waivers are addressed by the new fee. Current Proposed Sidewalk waiver request $ - $ 125.00 General waiver request to a Land Development Code or Code or Ordinances requirement where no current fee exists $ - $ 125.00 It is estimated that the proposed fee increases and additions will generate an additional revenue of approximately $2,000.00 per year. Pending City Council discussion of the fee proposals, staff may bring forward fee increase requests to a future City Council meeting for consideration. 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O C% w ~ A. ~ / ~+ /+ ~~" ~ City Of VO~~eyVl~~e 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 10/20/2009 Status: Pre Council Controlling Body: City Council Requester: Finance Department Agenda No.: PC-2 Final Action: File Name: Presentation of the Monthly Financial Report - September 2009 Attachments: September 2009 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/20/2009 city council Title Presentation of the Monthly Financial Report - September 2009 Explanation General Fund The percentage of current year taxes collected for Fiscal Year 2009 (FY 2009) was 98.88% and was slightly under last fiscal year's collection rate of 98.97%. Sales tax revenue received in September 2009 was down $17,477 (-9.60%) over the amount received in September 2008 and the sales tax revenue received in October 2009 was down $13,598 (-7.93%) over the amount received in October 2008. Per governmental accounting rules, sales tax revenue received in October 2009 and November 2009 is recorded as FY 2009 revenue, and the November number is not reflected in the attached report. It is estimated that the November 2009 sales tax receipts will be $260,000. One residential building permit was issued in September, as compared to three issued in September 2008. Permit revenues for FY 2009 were $467,000 less than those received in FY 2008, and $723,000 less than budgeted for FY 2009. The average amount expended by the General Fund departments at the end of September 2009 is 95.6% of the total appropriation, versus 96.2% which was projected to be spent. Utility Fund Water usage decreased as compared to the amount sold through September 2009. There is a slight increase in water revenue as compared to FY 2008 due to the Trinity River Authority (TRA) pass through rate increase which occurred in December 2008. All building related revenues (water installation, sewer installation and engineering charges) are down. The average amount expended by the Utility Fund departments at the end of September 2009 is 102.6% of the total appropriation, versus 100.0% which was projected to be spent due to TRA purchases of treated water and wastewater. Due to the increased cost for TRA, City of Colleyville Page 1 Printed on 10/15/2009 Agenda Briefing Continued the $7,500 transfer to the Art Fund will not be made in FY 2009. City of Colleyville Page 2 Printed on 10/15/2009 MONTHLY FINANCIAL REPORT -SEPTEMBER 2009 GENERAL FUND FY 2009 REVENUE SOURCE BUDGET Current Taxes $9,616,931 Delinquent Taxes 55,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $9,726,931 Oncor Electric Tri-County Electric Atmos Gas AT&T Verizon/Other Telecomm Providers Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits Irrigation Permits TOTAL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $887,190 119,000 340,000 126,100 51,250, 135,050 192,900 $1,851,490 $2,561,375 87, 000 $2,648,375 $864,473 88, 987 63, 376 98,911 58,247 162,772 3,079 1,400 6, 050 7,359 15,000 0 $1,369,654 $780,000 45, 000 33,600 $858,600 RECEIVED AS OF 9/30/2009 $9,634,029 77,127 81,862 $9,793,018 $885,324 '. 124, 579 I, 476, 948 123,364 46,378 124, 741 236,106 $2,017,440 $2,204,820 74,198 $2,279,018 $391, 955 43,657 34,121 36, 515 48,180 60,736 2, 641 877 6, 010 3,650 10,962 6,996 $646, 300 $892,726 51,930 25,872 $970, 528 PROJECTED AS OF 9!30/2009 $9, 616, 93 76, 00 66, 50 $9,759,43 $885, 325 124, 580 476, 945 123,931 47,500 124, 050 221, 692 $2,004,023 $2, 561, 375 74,197 $2,635,572 $410,000 48, 500 33, 500 37, 000 44, 000 52,000 2,000 1, 200 6, 000 3,300 12,000 6, 800 $656,300 $780,000 45,000 24, 000 $849,000 RECEIVED AS OF PERCENT 9/30/2008 CHANGE $8,875,764 8.54% 62,479 23.44% 74, 075 10.51 $9,012,318 8.66% $869,180 1.86% 110,560 12.68% 338,969 40.71% 126,011 -2.10% 51,172 -9.37% 125,363 -0.50% 196,806 19.97% $1, 818, 061 10.97% $2,478,981 -11.06% 82,532 -10.10% $2,561,513 -11.03°'/0. $679,452 -42.31 77,248 -43.48% 57,230 -40.38% 68,921 -47.02% 68,027 -29.18% 133,171 -54.39% 2,216 19.18% 940 -6.70% 8,035 -25.20% 5,805 -37.12% 12,550 -12.65% 0 100.00% $1,113,595 -41.96%0' $1,050,522 -15.02% 51,525 0.79% 28,494 -9.20% $1,130,541 I -14.15% MONTHLY FINANCIAL REPORT -SEPTEMBER 2009 RECEIVED PROJECTED RECEIVED REVENUE SOURCE FY 2009 AS OF A5 OF AS OF PERCENT BUDGET 9/30/2009 9/30/2009 9!30/2008 CHANGE Re-zoning $13,201 $5,448 $3,500 $8,669 -37.16% Plat Fee/Site Plan 21,038 16,485 15,365 20,918 -21.19% Board of Adjustment 2,040 625 750 1,375 -54.55% Sale of Material 3,020 795 1,000 2,204 -63.93% Weed Mowing 10,000 7,218 3,500 6,948 3.89% Animallmpoundment 3,250 2,332 2,500 4,454 -47.64% Ambulance 250,000 239,138 235,000 253,018 -5.49% Recreation Program 168,130 259,624 239,000 230,487 12.64% Non-Resident Fee Parks 20,050 22,840 22,840 24,170 -5.50% Field Use Charge 17,700 23,085 23,085 18,720 23.32% Engineering & Inspection 100,000 1,172 1,172 169,313 -99.31% Chgs & Reimbursements 2,000 0 0 5,775 -100.00% Colleyville Center Rental 230,000 237,964 240,000 259,152 -8.18% Lot Drainage Insp Fee 25,000 8,500 8,125 19,350 -56.07% TOTAL CHARGES FOR SERVICE $865,429 $825,226 $795,837 $1,024,553 -19.46% DARE Officer Reimb $89,792 $89,792 $89,792 $85,516 5.00% TOTAL INTERGOVERNMENTAL $89,792 $89,792 $89,792 $85,516 0.00°!0 Sale of Surplus Property $17,000 $30,639 $26,105 $0 100.00% Interest Income 255,000 145,232 175,000 352,069 -58.75% Miscellaneous 55,000 72,552 82,000 94,144 -22.94% Use of Available Cash 833,523 833,523 833,523 0 100.00% Antenna Lease 64,000 48,251 30,000 74,305 -35.06% TOTAL MISCELLANEOUS $1,224,523 $1,130,197 $1,146,628 $520,518 117:13% Transfer from Utility Fd $756,787 $816,297 $816,297 $661,936 23.32% TOTAL TRANSFERS $756,787 $816,297 $816,297 $661,936 23.32% TOTAL GENERAL FUND REVENUES $19,391,581 $18,567,816 $18,752,880 $17,928,551 3.57% MONTHLY FINANCIAL REPORT -SEPTEMBER 2009 TOTAL PERCENT FY 2009 THROUGH THROUGH INCREASE INCREASE BUDGET 9/30/2009 9/30/2008 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 98.88% 98.97% -0.09% -0.09% RESIDENTIAL BLDG PERMITS 160 90 131 (41) -31.30% COMMERCIAL BLDG PERMITS 10 7 20 (13) -65.00% j PLUMBING/MECHANICAL PERMITS 1,200 1,127 1,467 (340) -23.18% ELECTRICAL PERMITS 400 351 505 (154) -30.50% CITATIONS ISSUED 11,000 12,550 15,621 (3,071) -19.66% CITATIONS APPEALED 550 639 697 (58) -8.32% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2009 THROUGH PROJECTED 100.00% OF THE BUDGET BUDGET 9/30/2009 EXPENDITURES YEAR COMPLETED REMAINING City Council and Secretary $588,992 $504,830 $496,746 85.7% $84,162 City Manager 669,919 667,774 667,918 99.7% 2,145 Finance 507,945 504,790 500,732 99.4% 3,155 Legal 106,823 198,495 106,823 185.8% (91,672) Engineering 553,500 485,512 484,426 87.7% 67,988 Economic Development 265,724 78,968 178,451 29.7% 186,756 Building Inspection 488,822 429,785 414,199 87.9% 59,037 Community Development 248,480 230,783 241,700 92.9% 17,697 Fire 3,851,923 3,846,953 3,833,304 99.9% 4,970 Police 4,285,946 4,157,133 4,215,946 97.0% 128,813 Parks 1,593,531 1,550,837 1,566,268 97.3% 42,694 Recreation 399,013 393,819 395,649 98.7% 5,194 Streets & Drainage 2,853,322 2,848,302 2,853,322 99.8% 5,020 Library 743,607 669,215 677,941 90.0% 74,392 Communications 222,531 211,771 214,458 95.2% 10,760 Colleyville Center 385,151 361,455 380,400 93.8% 23,696 Human Resources 231,111 228,860 228,292 99.0% 2,251 Municipal Court 261,870 260,094 261,870 99.3% 1,776 Fleet Maintenance 212,963 212,092 212,963 99.6% 871 Building Services 244,691 225,675 229,691 92.2% 19,016 Information Services 451,788 397,622 411,242 88.0% 54,166 Capital Equipment Reserve 135,000 135,000 135,000 100.0% 0 Transfer to Art Fund 7,500 0 0 0.0% 7,500 Performance Pay 141,351 0 0 0.0% 141,351 TOTAL EXPENSES $19,451,503 $18,599,765 $18,707,341 95.6% $851,738 MONTHLY FINANCIAL REPORT -SEPTEMBER 2009 UTILITY FUND RECEIVED PROJECTED RECEIVED FY 2009 AS OF AS OF AS OF PERCENT. REVENUE SOURCE BUDGET 9/30/2009 9/30/2009 9/30/2008 CHANGE Water Sales $7,341,404 $8,088,474 $7,341,404 $7,835,523 3.23% Sewer Sales 2,264,638 2,735,064 2,264,638 2,368,178 15.49% Sewer Installation 22,900 6,500 22,900 20,790 -68.73% Water Installation 48,000 17,704 48,000 41,340 -57.17% Sewer Tie-on Charges 5,000 13,500 5,000 6,000 125.00% Engineering Charges 35,000 3,165 35,000 70,789 -95.53% Penalties 168,106 178,815 168,106 183,426 -2.51% Miscellaneous 15,000 18,609 14,375 15,948 16.69% TOTAL OPERATING INCOME $9,900,048 $11,061,831 $9,899,423 $10,541,994 4.93% Interest Income $350,000 $91,119 $295,000 $258,377 -64.73% Use of Available Cash 100,000 0 0 0 0.00% TOTAL NON-OPERATING INCOME $450,000 $91,119 $295,000 $258,377 -64.73% TOTAL INCOME $10,350,048 $11,152,950 $10,194,423 $10,800,371 3.26% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 9/30/2009 9/30/2008 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 2,400,972,500 2,416,000,500 (15,028,000) -0.62% NUMBER OF WATER CUSTOMERS 8,960 8,893 67 0.75% UTILITY FUND EXPENSES Administration Billing Operations Debt Service Merit Adjustment Transfer to Art Fund Transfer to General Fund TOTAL EXPENSES EXPENDED YEAR-TO-DATE °!° EXPENDED FY 2009 THROUGH PROJECTED 100.00% OF THE BUDGET BUDGET 9/30/2009 EXPENSES YEAR COMPLETED REMAINING $218,836 $218,081 $214,836 99.7% $755 576,216 446,612 457,013 77.5% 129,604 7,502,757 7,802,034 7,459,221 104.0% (299,277) 885,482 880,664 885,482 99.5% 4,818 1,000 0 0 0.0% 1,000 7,500 0 7,500 0.0% 7,500 756,787 861,742 861,742 113.9% (104,955) $9,948,578 $10,209,133 $9,885,794 102.6% ($260,555). ;.~ .,, '' ~ City of Colleyville 100 Mlain Street ~ Colleyville, Texas 76034 ?°~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Presentation Version: 1 Requester: Office of the City Manager Agenda Date: 10/20/2009 Agenda No.: PC-3 Controlling Body: City Council Final Action: File Name: Presentation and discussion of the results of the City Council strategic planning worksession Attachments: Complete List and Ranking of SWOT.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/20/2009 City Council Title Presentation and discussion of the results of the City Council strategic planning worksession Explanation At the September 29, 2009, City Council strategic planning worksession, City Council and the Management Team conducted an analysis of Colleyville's strengths, weaknesses, opportunities and threats (SWOT). All items identified were listed on flip charts then ranked by both Councilmembers and staff using a colored dot system of prioritization. The results of the highest ranked priorities in each category are as follows: Category Points Strengths Neighborhoods 16 Street maintenance CIP 8 Willingness to be unique/set apart from other cities 7 Quality of life 7 Weaknesses Economic Development 38 Lack of brand identity/who or where is Colleyville 19 Transportation mobility/lack of east/west access 11 City maintenance facilities 11 SH26 6 Opportunities Economic Development 30 Market as medical specialist, procedure and laboratory center 13 Environmental leadership 9 Attract/facilitate ahotel 7 City of Colleyville Page 1 Printed on 10/16/2009 Agenda Briefing Continued Threats Lack of diversified tax base 26 Continued increases in City's cost to do business 6 Lack of redundancy in City operation 4 Public attitude toward certain development 4 Establishing a brand for Colleyville was identified as an immediate priority, and staff has added that project to the FY2010 work plan. The complete list for each category and the rankings are attached for further review. With City Council's concurrence, staff will proceed with formulating the priorities as identified above into strategic goals and objectives that will serve as the foundation of the City's strategic plan and management system going forward. Staff will present for Council consideration that revised set of strategic goals and objectives at a future Pre-Council meeting. City of Colleyville Page 2 Printed on 10/16/2009 COMPLETE LIST AND RANKING OF SWOT Cate o # of Rankin s Points STRENGTHS En a ed citizens 1 1 Nei hborhoods 6 16 Qualit of life 3 9 Street maintenance/CIP 2 8 Willin Hess to be uni ue/different from other cities 2 7 Value of erceived affluence 1 4 Dedicated Cit emplo ees 1 4 Unique destinations (Lifetime Fitness, Market Street, IMAX) 1 2 Location Schools Pro ert values Low crime rate/hi h qualit fire rotection Parks Hi h avera a household incomes Financial stren th Low tax rate Stable overnment Cit facilities Diversified fundin sources for Cit services Hi h bond/credit ratin Amenities and pro rams for outh; seniors Trees Small town feel Colle ville Center Mineral ri hts WEAKNESSES Economic development 10 38 Lack of brand identit 9 19 Mobilit -east/west thorou hfares 5 11 Cit maintenance centers 5 11 SH26 3 6 Lack of retail develo ment Em t storefronts Past reputation Perceived affluence Pro ert values for oun families Fear/ erce tion of SH26 construction on business S lit retail areas Trans ortation Ve little freeway fronta e Off the beaten path Diversit of tax base Environmental issues No recreation facilit WEAKNESSES CONTINUED Retail leakage/citizen habits of eating and shopping outside Colle ville Chan in riorities The Villa e ( erce tion) Number of office buildin s that appear to be houses OPPORTUNITIES Economic develo ment 10 36 Market the tit as a medical s ecialist/ rocedure/laborato center 4 13 Environmental leadershi 2 9 Hotel 6 7 SH26 1 4 Brin eo le from other cities here 1 4 Re Tonal partnershi s 1 4 Ca italize on beaut of nei hborhoods/stron HOAs 1 4 Technolo 1 3 Commercial brokers that are residents 1 3 Preserve uni ue rural nei hborhoods 1 3 Precinct Line commercial development 1 2 Brandin Greater citizen service Villa a new develo ment Brin in somethin different Define/ romote the ci Enhance traffic flow on collector streets Enhance coo eration with other entities Encoura a and promote LEED rated new buildin s Grant fundin for ener efficient Introduce water into The Villa e The Piazza/weddin businesses Business incubator/build our own businesses THREATS Lack of diversified tax base 8 26 Increasing costs to provide services (employee benefits/ ersonnel) 2 6 Public attitude towards certain t es of development 1 4 Lack of redundant in Cit operations 2 4 Ain infrastructure 1 3 Escalating citizen expectations in relation to build-out and declinin revenues 1 3 Economic impact of SH26 reconstruction 1 1 Cit 's res onsibilit to cost savin s while still providin services 1 1 Economic stren th of nei hborin cities Retail leaka e Continued dela of SH26 construction/state a enc bureaucrat Reduced rant funding for local improvements Reduced fundin THREATS CONTINUED Fear of SH26 reconstruction Water resources Homeland securit -public infrastructure Chan in ISD demo ra hics Airline Indust /DFW Air ort Risk aversion Traffic ridlock Loss of Borders cor orate failures Continued lobal economic decline Service ex ectations of new residents Gas rices Parkin Lot Brandin ,.~~.., a City Hall (''~l `° ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r„~. Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Secretary Agenda Date: 10/20/2009 Agenda No.: PC-4 Controlling Body: City Council Final Action: File Name: Discussion of changing the dates of regular City Council meetings in November 2009 and March 2010 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 10/20/2009 City Council Title Discussion of changing the dates of regular City Council meetings in November 2009 and March 2010 Explanation In accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. The City Council meetings are normally held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. The City Council may consider changing the dates of City Council meetings as follows: The first regular City Council meeting of November 3, 2009, to Wednesday, November 4, 2009, due to the state and local elections. The second regular City Council meeting of March 16, 2010, to Tuesday, March 23, 2010, due to the Grapevine-Colleyville Independent School District spring break A resolution is included on the regular City Council agenda for consideration of the meeting date changes. City of Colleyville Page 1 Printed on 10/14/2009 ,~'~z3`~ City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~r..,.w Agenda Briefing 817.503.1000 vrww.col leyvi lle.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Economic Development Department Agenda Date: 10/20/2009 Agenda No.: PC-5 Controlling Body: City Council Final Action: File Name: Discussion of setting a date for a joint City Council and Planning and Zoning Commission meeting to discuss the proposed SH26 overlay district Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 10/20/2009 City Council Title Discussion of setting a date for a joint City Council and Planning and Zoning Commission meeting to discuss the proposed SH26 overlay district Explanation This item seeks to establish a date for a joint City Council and Planning and Zoning Commission worksession to discuss the proposed SH26 overlay district. Representatives from Beeler Guest Owens Architects (BGO) will be present for the discussion. Staff recommends the date of Tuesday, October 27, 2009. City of Colleyville Page 1 Printed on 10/15/2009 y!25:~ (~ City of Colleyville 100 M~tain Street `~ ~ Colleyville, Texas 76034 r,~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 10/20/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-6 Final Action: Secretary File Name: Discussion of the October 20, 2009, City Council meeting regular agenda Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 10/20/2009 City Council Title Discussion of the October 20, 2009, City Council meeting regular agenda City of Colleyville Page 1 Printed on 10/14/2009 - - ~ ~~~ City of Colleyville City Hall ~`{'`~~;~rkre;;~~~~rt~„~; 100 Main Street ,~ Colleyville, Texas 76034 ~~ ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 10/20/2009 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session Legal -October 20, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 10/20/2009 City Council Title Sec. 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Sec. 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - Legal -Discussion of pending litigation -Barbara Andrews v. City of Colleyville Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites Sec. 551.074 - Personnel - Discuss and deliberate the appointment, employment, evaluation and duties of the City Manager Sec. 551.087 -Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 10/9/2009 RESOLUTION R-09-3155 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 20, 2009 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ~='z-" ('~1 ~ City of Colleyville 100 Mlain Street ~e~ 5 Colleyville, Texas 76034 ~,~.,w Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 10/20/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -October 20, 2009 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 10/20/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of the First Annual Colleyville Charity Softball Game benefitting the Colleyville Citizen's Police and Fire Academy Alumni Associations -Officer Raymon Cannon and Interim Fire Chief Russell Shelley Proclamation in recognition of the Colleyville Rotary Club donation of a 2009 trailer to the Colleyville Police Department -Jon Bullock, President, Colleyville Rotary Club and Officer Raymon Cannon City of Colleyville Page 1 Printed on 10/14/2009 RESOLUTION R-09-3156 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 20, 2009 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. Approval of the minutes of the regular City Council meeting of October 20, 2009 b. Approval of the minutes of the City Council worksession of September 29, 2009 c. Approval to renew the janitorial services agreement option for Fiscal Year 2010 (FY 2010) with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $105,600 d. Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $135,000 e. Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVD(s) and CD(s) and non-book materials, learning games and puzzles f. Approval of a waiver of the water well drilling requirements requested by Tom Risley at 505 John McCain Road g. Approval of a bid award to W P and S Company for the repainting and renovation of the Hall Johnson Road elevated storage tank, in an amount not to exceed $485,892.25, and authorize the City Manager to execute the award documents and any associated change orders, in an amount not to exceed $25,000 h. Approval of a lease assignment agreement with Md7 Capital Three, LLC for the tower lease site at 312 McDonwell School Road, and authorize the City Manager to execute the agreement Resolution R-09-3156 Page 2 of 2 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ;, _ , City of Colleyville 100 Main Street ~•:~=~+~1. ~~ Colleyville, Texas 76034 City Council Minutes -Draft 817.503.1000 ' '- www.colleyville.com City Council Wednesday, October 7, 2009 CITY COUNCIL CHAMBERS The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 7, 2009, at 5:35 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Project Engineer Jeremy Hutt, Human Resources Manager Elise Welborn, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers and Councilmember Tom Hart were absent. PC-1 Glade Road and Pool Road intersection improvements design update presentation by Baird, Hampton and Brown, Inc. Public Works Director Steve Chutchian provided information regarding intersection improvements at Glade Road and Pool Road and introduced Mr. Konstantine Bakintas of the engineering firm of Baird, Hampton & Brown, Inc. Mr. Bakintas presented design elements of the roundabout at the Glade Road and Pool Road intersection and answered questions of the City Council. Discussion ensued regarding art sculpture, traffic count, bypass lanes, speed limit and pedestrian crossings in the roundabout. Police Chief Tommy Ingram spoke regarding citizen concerns related to roundabout pedestrian crossings. Public Works Director Steve Chutchian stated a public meeting will be held November 5, 2009, to provide a project design update to citizens City of Colleyville Page 1 Printed on 10/19/2009 City Council City Council Minutes -Draft October 7, 2009 and the project will be bid in the spring with construction to begin in May. PC-2 PC-3 1. Sec. 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Discussion of the process for filling a position on the Zoning Board of Adjustment The City Council determined the open Alternate position on the Zoning Board of Adjustment will be advertised during the regular advertising period for the December appointments. Discussion of the October 7, 2009, City Council meeting regular agenda items City Manager Jennifer Fadden provided information regarding the proposed Fiscal Year 2010 budget amendment for the purpose of purchasing an aerial fire apparatus. Interim Fire Chief Russell Shelley outlined the City's need for the 105' Aerial Fire Apparatus and answered questions of the City Council. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:44 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 7, 2009, at 6:45 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Project Engineer Jeremy Hutt, Human Resources Manager Elise Welborn, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Planning and Zoning Assistant Amy Shelley, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers and Councilmember Tom Hart were absent. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 1 Printed on 10/19/2009 City Council City Council Minutes -Draft October 7, 2009 Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3149 INVOCATION: Dr. Carla Sperandeo, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Michael Kallas 2. 3 Mayor Kelly expressed appreciation to residents, Citizens on Patrol and Police Department staff for organizing and participating in the National Night Out event. Mayor Kelly announced citizens may dispose of bulk trash and electronics during the Clean Sweep event on Saturday, October 10, 2009, at 8:30 a.m. in the south parking lot of City Hall. Mayor Kelly invited citizens to the first annual Police and Firefighters softball game, Sunday, October 18, 2009, at 4:00 p.m. at City Park, benefitting the Citizen's Police Academy and Citizen's Fire Academy. Sec. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Park Land Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly 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 and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:45 p.m. and reconvened at 7:34 p.m. This resolution was not needed. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS City of Colleyville Page 3 Printed on 10/19/2009 City Council City Council Minutes -Draft October 7, 2009 Mayor Kelly presented a plaque to Mr. Richard Roxburgh for service on the Library Board. Mr. Roxburgh stated it has been a pleasure to serve with an excellent Library staff led by Mary Rodne. Councilmember Wollin recognized Mr. Roxburgh for service as a volunteer in the City Manager's Office. Mayor Kelly presented a plaque to Mr. Jim Gotcher for service on the Historical Preservation Committee. Mr. Gotcher stated it has been an honor to serve the City. Mayor Kelly presented plaques to Ms. Yvonne Gilliam for service on the Colleyville Economic Development Corporation and the Metroport Teen Court Advisory Board. Ms. Gilliam stated it has been a pleasure to volunteer on the boards. Mayor Kelly presented a plaque to Councilmember Michael Muhm for service on the Celebrate Colleyville Steering Committee. Councilmember Muhm invited everyone to attend the Celebrate Colleyville festivities on Friday, December 4, 2009, at 4:00 p.m. at the Colleyville Center. Mayor Kelly presented a plaque to Mr. Richard Munson for service on the Zoning Board of Adjustment and Sign Board of Appeals. Mr. Munson expressed appreciation for the opportunity to serve the City. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3150 4a Approval of the minutes of the regular City Council meeting of September 15, 2009 4b Approval to redirect Park Land funds into the Park Land Dedication Fund 4c Approval to fund the Senior Center Open Space elements in the amount of $150,000.00 from Park Land Dedication funds 4d Approval of an Interlocal Agreement between the City of Colleyville and the City of Fort Worth for continued participation at the Environmental Collection Center, and authorizing the City Manager to execute the agreement City of Colleyville Page 4 Printed on 10/19/2009 City Council City Council Minutes -Draft October 7, 2009 4e Approval and adoption of the strategic management system and framework 4f Approval of a five-year lease agreement between the City of Colleyville and Clear Wireless LLC, for housing and operation of communications equipment at 312 McDonwell School Road, and authorizing the City Manager to execute the lease Mayor Kelly read Resolution R-09-3150 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3150. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: 2 -Jon Ayers, Tom Hart 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-09-1732 Amending Ordinance 0-09-1727 relating to the Fiscal Year 2010 (FY 2010) General Fund budget and authorizing the City Manager to use General Fund available cash, in the amount of $981,238, to prepay for the second of two fire apparatus being purchased for the Fire Department Mayor Kelly read the caption of Ordinance 0-09-1732. City Manager Jennifer Fadden stated this item provides for the proposed amendment to the Fiscal Year 2010 budget, in the amount of $981,238.00, to prepay for a fire apparatus. The prepay purchase of the fire apparatus will provide for for the greatest cost savings in vehicle purchase discounts and minimize interest costs. Mayor Kelly opened the public hearing. City of Colleyville Page 5 Printed on 10/19/2009 City Council City Council Minutes -Draft October 7, 2009 6. 6a 6b Mayor Kelly read Resolution R-09-3152 in its entirety. City Manager Jennifer Fadden stated funds were set aside from the mineral lease bonus for the exclusive use of park enhancements, reviewed the proposed projects and stated the Parks and Recreation Advisory Board recommended approval. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Interim Fire Chief Russell Shelley provided information on the condition and age of the current fire engine equipment and the need for a new aerial fire apparatus. Discussion ensued regarding the advantages of the purchasing arrangements for the fire engine. RESOLUTION(S): READING AND PUBLIC HEARING R-09-3151 Approval and adoption of the Colleyville Tomorrow Fund project list and fund allocation Mayor Kelly read Resolution R-09-3151 in its entirety. City Manager Jennifer Fadden outlined the projects proposed for purchase through the Colleyvlle Tommorrow Fund. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3151. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: 2 -Jon Ayers, Tom Hart R-09-3152 Approval and adoption of the Parks Tomorrow Fund project list and fund allocation Cify of Colleyville Page 6 Printed on 10/19/2009 City Council City Council Minutes -Draft October 7, 2009 Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3152. Mayor Kelly seconded the motion. There was discussion regarding the allocation of fthe Tomorrow Parks Fund and the process for determining projects. City Manager Jennifer Fadden provided information regarding the criteria for determining current and future projects. Mayor Kelly commended the City Manager and staff for excellent fiscal management of the budget. Councilmember Wollin spoke regarding the construction of the original Kidsville structure by volunteers. City Manager Jennifer Fadden spoke regarding plans for a memorial to honor those that built the original Kidsville playground. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: 2 -Jon Ayers, Tom Hart 6c R-09-3153 Nominating candidates for the Tarrant Appraisal District Board of Directors Mayor Kelly read Resolution R-09-3153 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Taylor nominated John Fegan. There were no other nominations. City of Co/leyville Page 7 Printed on 10/19/2009 City Council City Council Minutes -Draft C~ctobcr 7, 2009 Councilmember Taylor moved to approve Resolution R-09-3153, nominating John Fegan to the Tarrant Appraisal District Board of Directors, contingent upon Mr. Fegan's acceptance of the nomination. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: 2 -Jon Ayers, Tom Hart Mayor Kelly stated John Eubanks chose not to run for service on the Tarrant Appraisal District Board and expressed appreciation to Mr. Eubanks for many years of service on the Board of Directors. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Planning and Zoning Commission Minutes -July 13, 2009 Parks and Recreation Advisory Board Minutes -July 13, 2009 Senior Center Advisory Committee Minutes -July 16, 2009 Parks and Recreation Advisory Board Minutes -August 3, 2009 Senior Center Advisory Committee Minutes -August 20, 2009 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 7, 2009 -Reading and Public Hearing -Resolution R-09-3154 There resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn. Councilmember Wollin seconded the motion. City of Colleyville Page 8 Prinfed on ?0/19/2009 City Council City Council Minutes -Draft October 7, 2009 The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: 2 -Jon Ayers, Tom Hart Mayor Kelly adjourned the meeting at 8:20 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Minutes taken and prepred by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 9 Printed on 10/19/2009 `" City of Colleyville ;_= } `~~~~'`~ Minutes -Draft ~,,.., City Council Worksession City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 29, 2009 6:00 PM Colleyville Central Fire Station 5209 Colleyville Boulevard The worksession of the Colleyville City Council was called to order by Mayor David Kelly on September 29, 2009, at 6:05 p.m. ROLL CALL: Councilmembers Michael Muhm, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Economic Development Director Marty Weider, Police Chief Tommy Ingram, Interim Fire Chief Russell Shelley, Finance Director Terry Leake, Public Works Director Steve Chutchian, Library Director Mary Rodne, Interim Community Development Director Ron Ruthven, Parks and Recreation Director Monica Walsh, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Accountant Karen Hines and Management Assistant Christine Loven were also present. Mayor Pro Tem Jon Ayers and Councilmember Carol Wollin were absent. 2. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Park Land Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:05 p.m. and reconvened at 7:31 p.m. 3. PRESENTATION AND DISCUSSION 3a Presentation and discussion of strategic management framework and process City of Colleyville Page 1 Printed on 10/15/2009 City Council Worksession Minutes -Draft September 29, 2009 City Manager Jennifer Fadden reviewed the steps and beneftis of strategic planning. Economic Development Director Marty Weider presented Colleyville's strengths, weaknesses, opportunities and threats (SWOT) analysis. Discussion ensued regarding the SWOT analysis for the City and a ranking process was conducted. City Manager Jennifer Fadden reviewed the strategic management framework, plans for implementation and answered questions of the City Council. There was general discussion regarding the method of conducting a citizen survey and the International City/County Management Association (ICMA) Center for Performance Management. City Manager Jennifer Fadden advised City Council that an item would be placed on the October 7, 2009, agenda for consideration of adopting the strategic management framework and the SWOT analysis summary would be presented at the October 20, 2009 City Council meeting. 4. ADJOURNMENT: There being no further discussion, Mayor Kelly adjourned the meeting at 9:32 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Kelly Cooper Assistant City Manager NAYS AND 2009. City of Colleyville Page 2 Printed on 10/15/2009 ~~ Tr•ca+ City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vrww.colleyvil le. com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Building Services Agenda Date: 10/20/2009 Agenda No.: 4c Controlling Body: City Council Final Action: File Name: Approval to renew the janitorial services agreement with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $105,600 Attachments: Tarrant County Bid No. 2007-161 -Annual Renewal.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/20/2009 City Council Title Approval to renew the janitorial services agreement option for Fiscal Year 2010 (FY 2010) with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $105,600 Explanation Reading and Public Hearing The City of Colleyville currently has a Cooperative Purchasing Agreement with Tarrant County, which allows the City to take advantage of contracts bid by the County. On March 11, 2008, Tarrant County Commissioners Court awarded Bid No. 2007-161 to Member's Building Maintenance LTD, for janitorial services. Acceptance of this bid option through the Cooperative Purchasing Agreement allows the City of Colleyville the same firm, fixed pricing and terms and conditions offered to Tarrant County until September 30, 2010. Member's Building Maintenance has satisfactorily provided janitorial and ancillary maintenance services to City facilities since April 2008. Staff has made some adjustments to the FY 2010 janitorial schedule, eliminating night cleaning crews and reallocating daytime janitorial hours to better suit the City's needs. Rescheduling of ancillary services such as carpet cleaning and floor waxing have also been adjusted for this year. These adjustments will result in a cost savings of approximately 15% over FY 2009 costs with mimimal impact to services. Approval of the resolution extends the Tarrant County Bid 2007-161 through September 30, 2010 with options to renew for two (2) additional one-year periods. The FY 2010 agreement with Member's Building Maintenance, LTD will include the Justice Center, City Hall, Public Library and Senior Center. City of Colleyville Page 1 Printed on 10/15/2009 Agenda Briefing Continued It has been determined that funding is available in the FY 2010 Building Services Budget with a cost savings over FY 2009 of $20,061. Recommendation Approval City of Colleyville Page 2 Printed on 10/15/2009 ~'r C~vNr+:''. •,* i }•. REFERENCE NUMBER COMMISSIONERS COURT COMMUNICATION FAGS ~ or 9 DATE: 'J/7/2QQ~ suBJECT: BID N0.2007-161-ANNUAL CONTRACT FOR JANITORIAL SERVICES - FACILITIES MANAGEMENT -VARIOUS VENDORS -EXERCISE FIRST OPTION FOR RENEWAL -PER TERMS OF CONTRACT *** CONSENT AGENDA *** COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court approve renewal of Bid No. 2007-161, Annual Contract for Janitorial Services, for the first optional twelve {12) month period, to the following vendors as per the terms of the contract: Group 1 Buildings Primary CTJ Maintenance, Inc. Alternate Member's Building Maintenance, LTD Group 2 Buildings Primary CTJ Ivfaintenance, Inc. Alternate General Building Maintenance Company, Inc. Group 3 Buildings Primary Member's Building Maintenance, LTD Alternate General Building Maintenance, Company, Inc. BACKGROUND: On September 2~, 2007, through Court Order #101591, the Commissioners Court awarded Bid No. 2007-161, Annual Contract for Janitorial Services to the following vendors: Group 1 Buildings Primary Secondary Alternate Group 2 Buildings Primary Secondary Alternate Group 3 Buildings Primary Secondary Alternate ABM Janitorial Services CTJ Maintenance, Inc. Member's Building Maintenance, LTD ABM Janitorial Services CTJ Maintenance, Inc. General Building Maintenance Company, Inc. ABM Janitorial Services Member's Building Maintenance, LTD General Building Maintenance, Company, Inc SUQMITTED QY: Purchasing PREPARED BY: Gwen Peterson, C.P.M.,A.P.P. APPROVED BY: ;.~~~~~~;:.. COMMISSIONERS COURT ~ ~~`; COMMUNICATION :~ ~" ~: •..~ . * ~. • REFERENCE NUM[3ER: DATE. 7/7/2009 PAGE 2 OP On March 3, 2008, through Court Order #102681, the Commissioners Court canceled award of Bid No. 2007- 161, Annual Contract for Janitorial Services, made to primary vendor ABM Janitorial Services, removed ABM Janitorial Services from the Vendor List for a period of two (2) years, and awarded CJT Maintenance, Inc. as primary for Group 1 and Group 2 Buildings and Member's Building Maintenance, LTD as primary for Group 3 Btti Idi ngs. The award tivas based upon lotiv bid per group of buildings and contained options to renew for three (3) additional twelve (12) month periods as per the terms of the contract. The vendors notified Purchasing in writing that the prices will remain firm as per the terms of the contract through September 30, 2010. Tlie Facilities Management Department notified Purchasing in writing that they are pleased with the service and want to renew the contract. Thec•efore, it is the joint recommendation of Facilities Management and Purchasing that the Commissioners Court approve renewal of Bid No. 2007-161, Annual Contract for Janitorial Services, for another hve[ve {12} month period. FISCAL IMPACT: Expenditures for the last year were approximately $2,41,000. Expenditures for FY 2010 are estimated to be approximately $2,451,000. ~r 7 •.~:,. City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: Version: 1 Requester: Library File Type: Resolution Agenda Date: 10/20/2009 Agenda No.: 4d Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $135,000 Attachments: Financial status of Voluntary Library Fund at September 30, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 10/20/2009 City Council Title Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $135,000 Explanation Reading and Public Hearing Resolution R-03-2237 provides for the Voluntary Library Fund to be used for the purpose of the development and improvement of library programs and services and for approved library programs and capital items, including collection development (books and materials). The Fiscal Year 2010 (FY 2010) Colleyville Public Library budget includes use of the Voluntary Library Fund for the purchase of collection materials, collection processing supplies and library programs. On October 12, 2009, the Colleyville Library Board unanimously approved the use of the Voluntary Library Fund for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $135, 000.00. Financial Impact It has been determined that funds are available in the Voluntary Library Fund. As of September 30, 2009, the Voluntary Library Fund balance is $286,231.00. Recommendation Approval City of Colleyville Page 1 Printed on 10/15/2009 FINANCIAL STATUS OF VOLUNTARY LIBRARY FUND AT 9-30-2009 FUND BALANCE AT 9-30-2008: FY 2009 REVENUE Donations: PROJECTED ACTUAL October $12,341 $12,341 November $10,836 $10,836 December $14,325 $14,325 January $10,779 $10,779 February $11,870 $11,870 March $12,929 $12,929 April $11,918 $11,918 May $10,974 $10,974 June $13,423 $13,423 July $12,442 $12,442 August $11,525 $11,525 September $12,463 $12,463 Total Donations $145,825 $145,825 Interest income Received $7,228 $7,228 TOTAL $153,053 $153,053 $395,140 FY 2009 EXPENDITURES RECOMMENDED APPROVED EXPENDED (BOARD) (COUNCIL) YEAR-TO-DATE BOOKS AND PROCESSING MATERIALS FY 07 BALANCE OF AUTHORIZATION $5,962 $5,962 $5,962 FY 08 AUTHORIZATION $126,000 $126,000 $126,000 FY 09 AUTHORIZATION $130,000 ------- $130,000 ------- $35,619 ------- TOTAL ------- $261,962 ------- $261,962 ------- $167,581 AVAILABLE FUND BALANCE AT 9-30-2009 (COUNCIL APPROVED) $286,231 PROJECTED AVAILABLE FUND BALANCE AT 9-30-2009 (COUNCIL APPROVED) $286,231 .; .., .~ 7i•.aa City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Library Agenda Date: 10/20/2009 Agenda No.: 4e Controlling Body: City Council Final Action: File Name: Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVD(s) and CD(s), and non-book materials, learning games and puzzles Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 10/20/2009 City Council Title Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVD(s) and CD(s), and non-book materials, learning games and puzzles Explanation Reading and Public Hearing The City of Colleyville Purchasing Manual requires the City Council to designate surplus property and salvage items before said property can be removed from inventory and disposed of by public auction or other approved means. The Colleyville Public Library has approximately 445 books, audiovisual items, DVD(s) and CD(S), and non-book materials, learning games and puzzles, from the Library's collection that are surplus, damaged, worn, and outdated and recommended for disposal. The withdrawn books, audiovisual items, and non-book materials will be donated to the Friends of the Colleyville Public Library. Marketable items will be sold in a used book sale scheduled in the Library on May 1, 2010. Proceeds from the used book sale will be donated to the Colleyville Public Library. Financial Impact It has been determined that the sale of items will provide revenue for the Colleyville Public Library through Friends of the Library donations. Recommendation Approval City of Colleyville Page 1 Printed on 10/15/2009 1 ~~~ City Hall `` ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r.~,, Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 10/20/2009 Agenda No.: 4f Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of a waiver of the water well drilling requirements requested by Tom Risley at 505 John McCain Road Attachments: Waiver request dated October 12, 2009 Water Well Regulations History of Legislative File Version: Date: Acting Body: Action Text: 10/20/2009 City Council Title Approval of a waiver of the water well drilling requirements requested by Tom Risley at 505 John McCain Road Explanation Reading and Public Hearing Mr. Tom Risley ,residing at 505 John McCain Road, is requesting a waiver from the City of Colleyville for drilling a Paluxy formation well on his property to a depth of approximately 800 feet. Existing water well regulations restrict the maximum depth of a well to three hundred (300) feet. This welt is intended for irrigation only. Current water well regulations also prohibit issuance of a well drilling permit for any site located within 1,000 feet of a City-owned well. However, all municipal water wells were physically abandoned in September 2008. The City currently receives treated surface water from the Trinity River Authority as its exclusive source of potable water. As a result, the applicant's request will have no impact on the ability of the City to supply necessary potable water throughout the community. Financial Impact It has been determined that there is no financial impact to the City. Recommendation Approval City of Colleyville Page 1 Printed on 10/13/2009 October 12, 2009 Mr Steve Chutchian Director of Public Works City of Colleyville,Texas Dear Mr. Chutchian I am requesting approval to drill a deep well (approximately 800 for irrigation purposes for my property located at 505 John McCain Rd. Colleyville Texas. If you have any questions or need additional information please call. You help in this matter is appreciated. Sincerely, L~~ Tom Risley 505 JOHN MCCAIN RD COLLEYVILLE,TEXAS 76034 PHONE: 817-368-4769 FAX: 817-514-6605 Water Well Regulations The Cotleyville Code of Ordinances, Appendix A -Water and Sewer Policy and Procedure Manual, Section 2, Section P. Water wells. A water well drilling permit is required prior to any private well being drilled. All water well drillers must be licensed as required by the State of Texas. Drilling permits will be issued only if the following conditions exist: 1. Well driller or property owner will provide the city with a plot plan showing all buildings on the property and the purposed [proposed] location of the water well. 2. No water well drilling permits will be issued to drill within 1,000 feet of a city- owned well. 3. Maximum depth of any private well is 300 feet. 4. No well shall be drilled within ten feet of any lot line. 5. All state and federal regulations shall be complied with. 6. The well driller shall provide the city with an affidavit upon completion of the weN with the following information: (a) Final depth of well. (b) Type and size of casing. (c) Was the well casing pressure grouted and what was the quantity of grout used. 7. Private well can only be used for irrigation purposes. ~~~" ~ City of Colleyville 100 Mtain Street C~Ileyville, Texas 76034 T,~.,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Public Works Department Agenda Date: 10/20/2009 Agenda No.: 4g Controlling Body: City Council Final Action: File Name: Approval of a bid award to W P and S Company for the repainting and renovation of the Hall Johnson Road storage tank in an amount not to exceed $485,892.25, and authorize the City Manager to execute the award documents and any associated change orders Attachments: Deltatek Engineering Bid Recommendation dated October 14, 2009.pdf Bid Tab -Repainting and Renovation of Hall Johnson 1.5 MG Composite Elevated Storage Tank.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/20/2009 City Council Title Approval of a bid award to W P and S Company for the repainting and renovation of the Hall Johnson Road elevated storage tank in an amount not to exceed $485,892.25, and authorize the City Manager to execute the award documents and any associated change orders, in an amount not to exceed $25,000 Explanation Reading and Public Hearing On June 16, 2009, City Council approved a Professional Services Agreement with Deltatek Engineering for design of the Hall Johnson 1.5 million gallon elevated storage tank rehabilitation. Inspections of the tank, which was built in 1988, revealed leaking water from the floor plates in the tank and a need for repainting. At the time of the tank construction, coating available for use on the interior surface had an estimated life of 20-25 years. Additionally, the Texas Commission on Environmental Quality (TCEQ) is promulgating standards which require the tank to be modified to include larger roof hatches and upgraded vents. The contract includes a provision for repainting the panther symbol on the side of the storage tank and also painting the City of Colleyville logo subsequent to determination of its configuration and approval by the City Council. The Public Works Department received nine bids on October 13, 2009, for the repainting and renovation of the Hall Johnson 1.5 million gallon composite elevated storage tank. W P and S Company provided the lowest bid of $485,892.25, which includes a fifteen percent (15%) contingency. Deltatek Engineering reviewed the bid proposals, verified references and recommends approval of the bid award. City of Colleyville Page 1 Printed on 10/15/2009 Agenda Briefing Continued It has been determined that funds are available in the Utility Fund. Recommendation Approval City of Colleyville Page 2 Printed on 10/15/2009 October 14, 2009 Mr. Ken Tywater City of Colleyville 1601 Hall Johnson Road Colleyville, Texas 76034 Reference: Repainting and Renovation of Hall Johnson 1.5 MG Composite Elevated Storage Tank Project Number Bid #Ol-Utility-09 Bid Review and Recommendation Dear Mr. Tywater: On October 13, 2009, the City of Colleyville received nine (9) sealed bids for the referenced project. These bids have been tabulated and attached to this correspondence for your use. Deltatek Engineering has reviewed these bid documents and submits the following opinion and recommendation. Based on review of bid submitted by WP&S Company, and prior experience with this firm, it is our opinion that the low bidder is qualified to perform this task in accordance with renovation documents. Therefore, Deltatek Engineering has no objection to the City awarding this project to WP&S Company, for the lump sum of $422,515.00. It should be noted that the Engineer's Opinion of Probable Cost was $473,000.00. Should you have any questions, please call me at 469-374-9800. Sincerely, DELTATEK ENGINEERING . , Bahram Niknam, P.E. Attachments: Bid Tabulation Bid Documents 14114 Dallas Parkway, Suite 480 Dallas, Texas 75254 Firm Registration No. F-4419 469-374-9800 Fax 469-374-9801 Page 1 of 1 Email: bn(asdeltatekeng.c~m Bid Tab -Repainting and Renovation of Hall Johnson 1.5 MG Composite Elevated Storage Tank Project Number Bid #01-Utility-09 BIDDER TOTAL BID BID BOND Classic Protective Coatin s, Inc. $ 742,000.00 Yes Ma uire Iron, Inc. $ 728,850.00 Yes TMI Coatin s, Inc. $ 698,000.00 Yes N. G. Paintin , L.P. $ 630,700.00 Yes W P and S Co. $ 422,515.00 Yes J. R. Stelzer Com an $ 598,270.00 Yes Utilit Service Com an ,Inc. $ 493,150.00 Yes A& M Construction and Utilities, Inc. $ 454,600.00 Yes Tank Pro, Inc. $ 473,117.00 Yes ~:~!N ~ City of Colleyville 100 MlainStreet ~ Colleyville, Texas 76034 T,~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Office of the City Manager Agenda Date: 10/07/2009 Agenda No.: 4h Controlling Body: City Council Final Action: File Name: Approval of a lease assignment agreement with Md7 Capital Three, LLC for the tower lease site at 312 McDonwell School Road, and authorize the City Manager to execute the agreement Attachments: Lease Assignment Agreement.pdf Lease Assignment Owner Letter.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/20/2009 City Council Title Approval of a lease assignment agreement with Md7 Capital Three, LLC for the tower lease site at 312 McDonwell School Road, and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing Md7 Capital Three, LLC, a Delaware company, seeks a lease reassignment from the City of Colleyville as a successor in interest to VoiceStream GSM I Operating Company, LLC (T-Mobile), for land and tower space at 312 McDonwell School Road, for the purpose of housing and operating communication equipment. VoiceStream GSM I Operating Company, LLC and the City entered into a tower lease in March 2004. As approved by City Council, the lease agreement was for five years with the tenant having the option to extend the lease for five additional five year terms with rent increased by ten percent each term over the preceding term. Md7 proposes to amend the agreement to enter into a 25-year agreement (five -five year terms) with a 10% monthly rental increase over each previous term for the first three terms, with no rental being due for the last two terms (January 1, 2025 through December 9, 2034). Md7's intent is to secure a guaranteed lease program, which will allow them to meet their financial obligations and ensure their competitiveness within the industry on a long term basis. Staff was advised the City's lease agreement was one of three within Colleyville being evaluated by Md7 on behalf of T-Mobile and it is staff's opinion that acceptance of this assignment agreement will protect the City's lease revenue for the next 15 years. Per the previous lease agreement, VoiceStream GSM I Operating Company equipment is already in place, however, the lease assignment agreement allows a 60-day rent free period for the inspection and installation of the equipment. Following the 60-day option period, City of Colleyville Page 1 Printed on 10/15/2009 Agenda Briefn_g Continued Md7 will rent the tower and land space at $1,650 per month from January 1, 2010 through December 31, 2014; $1,815 per month from January 1, 2015 through December 31, 2019; $1,996.50 per month from January 1, 2020 through December 31, 2024; with rental abatement from January 1, 2025 through December 9, 2034. The City currently holds four lease agreements with other communications companies on towers at Hall Johnson Road and McDonwell School Road. Financial Impact It has been determined that Fiscal Year 2010 revenue from this assignment agreement will be $16,500 and $19,800 for each of the following four fiscal years. Recommendation Approval City of Colleyville Page 2 Printed on 10/15/2009 Lease ID: DA02282B Site Address: 312 West McDonwell School Road, Colleyville, TX 76034 LEASE ASSIGNMENT AGREEMENT THIS LEASE ASSIGNMENT AGREEMENT ("Agreement") is entered into on October 12, 2009, by and between City of Colleyville ("Owner"), and Md7 Capital Three, LLC, a Delaware limited liability company ("Md7 Capital Three"). RECITALS WHEREAS, Owner and T-Mobile West Corporation, a Delaware corporation, as successor in interest to VoiceStream GSM I Operating Company, LLC, a Delaware limited liability company ("Tenant"), entered into a Tower Lease with Option dated March 30, 2004, as amended, a copy of which is attached hereto as Exhibit A (collectively, the "Lease"), whereby Owner leased to Tenant certain premises described therein, together with any and all other space currently utilized by Tenant ("Premises"), that are a portion of that certain real property located at 312 West McDonwell School Road, Colleyville, TX 76034 ("Property"); WHEREAS, Owner is the owner of a valid and indefeasible fee simple interest ("Owner's Interest") in the Property; and WHEREAS, Owner and Md7 Capital Three desire to enter into an agreement whereby Md7 Capital Three shall pay to Owner the Rent Schedule Payments (defined below) in exchange for Owner's assignment to Md7 Capital Three of the following for the Assignment Term (defined below), subject to Tenant's rights under the Lease: (a) all of Owner's rights, title and interests in, to and under the Lease, including the right to collect all rental income payable by Tenant under the Lease and accruing during the Assignment Term, including base rent, additional rent (with the exception of any collocation rent), late charges, interest, fees and other monies (collectively, "Rent"), provided that (i) any Tenant payments for utilities, insurance, real property taxes and maintenance charges (collectively, "Owner Reserved Payments") and (ii) any Additional Premises Rent (defined below) shall be paid directly by Tenant to Owner, (b) Owner's right to use and possess the Premises under the Lease and (c) all of Owner's other rights and interests under the Lease (collectively, the "Assigned Rights"). TERMS AND CONDITIONS NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Md7 Capital Three agree as follows: 1. Rent Schedule Payments. As full consideration for the Assignment (defined below) and Owner's continued performance of its obligations under the Lease, on or following the Commencement Date (defined below), Md7 Capital Three shall commence payment of the rent schedule payments to Owner in the amounts and frequency as designated on Exhibit B attached hereto ("Rent Schedule Payments"). Except for (a) the Rent Schedule Payments from Md7 Capital Three; (b) any Owner Reserved Payments and (c) any Additional Premises Rent owing from Tenant to Owner in the future pursuant to Schedule I attached hereto (if any), Owner agrees that during the Assignment Term, no other consideration is or shall be due or payable to Owner from Md7 Capital Three or from Tenant. Owner, its successors, assigns and/or designee, if any, will submit to Md7 Capital Three any documents required by Md7 Capital Three in connection with the payment of Rent Schedule Payments, including, without DA02282B M-T 1 limitation, an IRS Form W-9. Md7 Capital Three will not be obligated to redirect Rent Schedule Payments to any parties until and unless it has received such reasonable documents and assurances, as Md7 Capital Three may request. In the event that Owner designates more than one (1) payee under this Agreement, aset-up fee of Twenty-Five Dollars ($25.00), plus a fee of Five Dollars ($5.00) per additional check or Two Dollars and Fifty Cents ($2.50) per additional direct deposit shall be deducted from future Rent Schedule Payments hereunder. Termination Rights; Rent Lock-In Period. (a) Md7 Capital Three Termination Rights; Rent Lock-In Period. During the Assignment Term, Md7 Capital Three shall have the right to terminate this Agreement and all Rent Schedule Payments if Tenant exercises any of its termination rights under the Lease or if Owner has an uncured default under the Lease or this Agreement. Notwithstanding the foregoing, Md7 Capital Three agrees that it shall not have the right to exercise any termination rights under this Agreement during the period commencing on the Commencement Date and ending on December 9, 2019 ("Rent Lock-In Period"), unless Tenant's rights to occupy or use the Premises for Tenant's intended telecommunications purposes are impaired at any time due to (i) any bankruptcy or insolvency proceeding involving Owner or any affiliate of Owner; (ii) any uncured default, gross negligence or willful misconduct of Owner; (iii) any casualty damage not caused by Tenant, its agents, employees, contractors or invitees; (iv) any taking or condemnation under the power of eminent domain; or (v) any tax sale, foreclosure or other proceeding not caused by Tenant. In the event of any such termination, except for obligations that survive termination under this Agreement, Md7 Capital Three shall have no further duty or obligation under this Agreement, including, without limitation, any obligation to pay any Rent Schedule Payments that would otherwise have been due for the remainder of the Rent Lock-In Period following the date of termination. (b) Termination by Owner. During the Assignment Term, Owner shall have the right to terminate this Agreement if Md7 Capital Three fails to make any of the required Rent Schedule Payments to Owner under this Agreement when due and Md7 Capital Three does not cure such breach within thirty (30) days following receipt of a written notice from Owner or Tenant. Md7 Capital Three shall be solely responsible for any and all Rent Schedule Payments due and owing to Owner prior to the effective date of any such termination. (c) Effect of Termination of this Agreement on Tenant. If the Assignment or this Agreement is terminated, then (a) Md7 Capital Three shall have no further right, title or interest in, to or under the Lease and (b) the Lease shall continue from and after any such termination as a direct lease between Owner and Tenant at the rental rate contemplated under the Owner Letter (as hereinafter defined) and on the other terms and conditions contemplated under the Owner Letter. 3. Assignment; Amendment. Owner hereby irrevocably, unconditionally and absolutely conveys, transfers and assigns to Md7 Capital Three the Assigned Rights for the Assignment Tenn (the "Assignment"). During the Assignment Term, and unless otherwise expressly provided herein, Md7 Capital Three shall have the sole and exclusive right to exercise (or the right to require Owner to exercise) the Assigned Rights, including, without limitation, the right to accept or make notices on behalf of the landlord/licensor under the Lease, and to amend the Lease as follows: (a) as of the Commencement Date, the Lease shall be supplemented to include the terms and provisions set forth on Schedule I attached hereto, which amendment shall survive the expiration or early termination of the Assignment Term and (b) as otherwise determined by Md7 Capital Three, in its sole discretion, so long as any such additional amendment does not increase Owner's obligations under the Lease or survive the expiration or early termination of the Assignment Term. 4. Term of Assignment. The term of the Assignment ("Assignment Term") shall commence on December 10, 2009 ("Commencement Date"), and shall expire on December 9, 2034 ("Expiration Date"). Prior to the Commencement Date, Md7 Capital Three may deliver written notice ("Cancellation Notice") to Owner of Md7 Capital Three's election not to undertake the Assignment, in which event this Agreement shall automatically terminate and be of no further force and effect upon Owner's receipt of the Cancellation Notice, and the Lease shall continue by its terms between Owner and Tenant. 5. Lease Term. The last day of the current term of the Lease shall be deemed amended and extended through, or moved-up to, as applicable, the Expiration Date, and neither Tenant, Md7 Capital Three nor any other party shall be required to exercise any renewal option or take any other action in order for the current term of the Lease to continue through, and end on, the Expiration Date. If the term of the Lease is renewed or otherwise extends beyond the Expiration Date (pursuant to Tenant's renewal rights under Schedule I), then upon the Reversion Date (as defined in the Owner Letter): (a) Md7 Capital Three shall have no further right, title or interest in, to or under the Lease and (b) the Lease shall continue from and after the Reversion Date as a direct lease between Owner and Tenant at the rental rate contemplated under the Owner Letter (as hereinafter defined) for such applicable post-Reversion Date period(s), as set forth on Schedule II of the Owner Letter and on the other terms and conditions of the Owner Letter. Owner and Md7 Capita] Three shall reasonably cooperate with each other and Tenant in connection with any reversion of the Lease back to Owner. If the Lease terminates prior to the Reversion Date for any reason, then, subject to the rights of Md7 Capital Three under Section 13 below, the Lease shall be of no further force and effect upon said termination, except with respect to those provisions of the Lease that expressly survive the expiration or earlier termination of the Lease. 6. Rent Apportionment; Forwarding Rent Payments. Current Rent payable by Tenant under the Lease shall be apportioned as follows: Rent "payable" prior to the Commencement Date shall be paid to Owner, and Rent payable as of and after the Commencement Date shall be paid to, or as otherwise directed by, Md7 Capital Three. For purposes of this Agreement, Rent becomes "payable" on the day that the Rent first becomes due under the Lease. Owner shall cooperate with Md7 Capital Three and do all things commercially reasonable to ensure that, after the Commencement Date, Tenant pays all Rent directly to Md7 Capital Three (or as otherwise directed by Md7 Capital Three) and shall forward all misdirected Rent to Md7 Capital Three (or as otherwise directed by Md7 Capital Three). Owner agrees to enter into an agreement with Md7 Capital Three and Tenant to provide rent payment instructions to Tenant, to modify the Lease to include the Schedule I language and which shall otherwise be in substantially the same form as Attachment 1 attached hereto ("Owner Letter"). Within three (3) business days following receipt of any misdirected Rent payment, Owner shall forward such payment to, or as otherwise directed by, Md7 Capital Three by (a) reputable overnight delivery service, if such payment was received by Owner by check or other negotiable instrument, and Owner shall endorse such check or negotiable instrument in favor of Md7 Capital Three or as otherwise directed by Md7 Capital Three or (b) wire transfer, if such payment was received by Owner by wire transfer, in accordance with the wire transfer instructions ("Wire Instructions") attached hereto as Schedule II (or as otherwise directed by Md7 Capital Three). If Owner fails to forward any such payment to Md7 Capital Three, then, in addition to its other rights and remedies hereunder or at law or equity, Md7 Capital Three shall be entitled to a processing fee equal to the greater of (a) $500 or (b) 15% of such payment, which shall be payable by Owner within five (5) business days following receipt of written notice by Md7 Capital Three in the same manner as misdirected Rent is payable to Md7 Capital Three under this section. 7. Obligations. The parties acknowledge that, by this Assignment, Md7 Capital Three has not assumed, and does not intend to assume, any of the obligations, duties or liabilities of Owner under the Lease, and no act or forbearance by Md7 Capital Three under this Agreement shall be deemed an assumption by Md7 Capital Three of any obligations of Owner. During the Assignment Term, Md7 Capital Three shall not have any liability or obligation with respect to the care, management or repair of the Property or Premises or any part thereof or for any injury or damage sustained by any person in, on, under or about the Property or Premises. Owner shall remain responsible for covenanting Tenant's quiet enjoyment and possession of the Premises, and for the performance of all conditions, covenants, obligations and duties required of Owner under the Lease and under applicable laws and regulations at all times during the Assignment Tenn. In addition, Owner, as requested by Md7 Capital Three, shall, at Owner's sole cost and expense, use commercially reasonable efforts (not entailing litigation) to cause Tenant to fulfill or perforn~ all of its non-monetary covenants under the Lease. If Owner fails, after notice and an opportunity to cure, to perform any covenant, obligation or duty under the Lease or this Agreement, Md7 Capital Three shall have the right, without releasing Owner from any obligation, to perform such covenant, obligation or duty. In such event, Owner shall reimburse Md7 Capital Three for all of its costs and expenses, including attorneys' fees, within thirty (30) days following receipt of an invoice from Md7 Capital Three. 8. No Modifications. During the Assignment Tenn, Owner shall not have the right, without the prior written consent of Md7 Capital Three (which may be withheld in Md7 Capital Three's sole discretion), to modify, extend, renew or terminate (including eviction) the Lease or to waive any default under the Lease. 9. Owner's Representations and Warranties. Owner represents and warrants to Md7 Capital Three, and agrees for the express benefit of Md7 Capital Three that: (a) Owner is the owner of, and has hereby transferred, conveyed and assigned all of its rights, title and interests in, to and under the Lease to Md7 Capital Three for the Assignment Term; (b) except for those persons or entities, if any, identified in Schedule III attached hereto, no other person or entity has any liens or rights in the Lease, the Rents or the Premises and Owner has obtained all waivers, releases, consents, approvals and other actions required of each such person or entity relative to the transactions contemplated hereunder; (c) if Owner is an entity, Owner has been duly organized, and is validly existing in good standing in the jurisdiction in which the Premises are located; (d) Tenant has made all rental payments due under the Lease through and including the date of this Agreement and neither Owner nor Tenant is in breach of the Lease; (e) Owner is current in its payment of all taxes and liens for which the Premises are or may become security, and neither a state nor Federal bankruptcy or insolvency proceeding nor an assignment for the benefit of Owner's creditors is now, or has ever been, contemplated; (f) Owner has the current and absolute right, power, authority and necessary consent to enter into this Agreement and the person(s) signing on behalf of Owner has been duly authorized to enter into this Agreement; (g) the Lease (including all amendments and addendums), attached as Exhibit A, constitutes the entire agreement between Owner and Tenant relating to the leasing of the Premises; (h) Owner shall warrant and defend Tenant and Md7 Capital Three in the peaceful and quiet exclusive enjoyment of the Premises against the claims of all persons claiming by, through or under Owner; and (i) to the best of Owner's actual knowledge, there have been no leaks, spills, releases, discharges, emissions, installation or disposal of hazardous or toxic wastes, materials or substances ("Hazardous Substances"), as defined by applicable local, state or federal laws and regulations ("Laws"), occurring on or affecting the Property or any part thereof. 10. Indemnity. Owner shall indemnify, defend and hold Md7 Capital Three, its managers, directors, officers, employees, agents, successors, and assigns, including without limitation, any Secured Party as defined below (collectively, the "Md7 Capital Three Parties"), harmless from and against any and all claims, actions, damages, losses, judgments, liabilities, penalties, fines, costs, and expenses (including attorneys' fees) of any nature whatsoever, now existing or hereafter arising, relating to: (a) the breach of any representation, warranty, agreement, covenant or obligation of Owner under this Agreement or the Lease, (b) the violation of any Laws by Owner, its agents, employees or contractors or (c) the negligence or willful misconduct of Owner, its agents, employees or contractors. 11. Casualty; Condemnation. Owner shall notify Md7 Capital Three immediately of a casualty or condemnation event or threat thereof relating to the Property, the Premises or any portion thereof. Owner hereby irrevocably assigns, transfers and conveys to Md7 Capital Three all compensation, proceeds or other recovery from an insurer of the Premises ("Insurance Recovery") or payable as a result of any condemnation ("Condemnation Award") attributable to the value of the Lease and the Rents payable during the Assignment Term. Owner shall not settle, compromise, or assign any insurance claim or condemnation award relating to the Premises except upon Md7 Capital Three's prior written consent, not to be unreasonably withheld. Notwithstanding the foregoing, Md7 Capital Three shall be entitled to submit its own claims for an Insurance Recovery or Condemnation Award and pursue the same directly from the insurer or condemning authority, and such claims shall have priority, to the fullest extent, over any right or claim that Owner or any third party may have in such recovery. In the event of a casualty or condemnation event whereby Tenant has rights to prorate its rent payments under the Lease, the parties agree that Md7 Capital Three shall have the same right to prorate any future Rent Schedule Payments due under this Agreement commencing on the date of casualty or condemnation. 12. Impositions. Owner shall pay, prior to delinquency, all taxes, charges and other obligations, including obligations secured by mortgages or deeds of trust (collectively, "Impositions"), owed in connection with the Premises and that are, or could become, liens against the Premises, and Md7 Capital Three shall have no obligation or liability therefor. If Owner does not timely pay any Imposition, or any installment thereof, Md7 Capital Three shall have the right to pay or discharge, or cause to be paid or discharged, such Imposition (together with any penalties and interest) and Owner shall reimburse Md7 Capital Three or its designee, immediately for all such sums, together with any reasonable costs or expenses incurred in connection therewith. In addition, in the event of Owner's default under this Agreement, Md7 Capital Three may file, record, serve or deliver a request for notice of default, deficiency or sale upon any person to whom an Imposition is payable. 13. Successor Lease. Upon the early termination of the Lease during the Assignment Term for any reason, Owner agrees that Md7 Capital Three may elect to terminate this Agreement or to become the tenant of the Premises upon terms and conditions identical to those in the Lease (as amended by Schedule I) (the "Md7 Capital Three Lease"); provided that: (a) the Md7 Capital Three Lease shall commence as of the Lease termination and expire on the Expiration Date ("Md7 Capital Three Lease Term"), subject to the renewal rights in Schedule I; (b) Md7 Capital Three shall not be required to pay Rent under the Lease during the remainder of the Assignment Term, but shall be required to make the Rent Schedule Payments (if any remain under Exhibit B) and pay to Owner all Owner Reserved Payments and Additional Premises Rent, if any; and (c) Md7 Capital Three shall have the right to assign all or any of its rights under the Md7 Capital Three Lease and/or sublet all or any part of the Premises without Owner's consent. The rights granted to Md7 Capital Three in this section are presently vested, irrevocable property interests. 14. Assignment; Secured Parties. Md7 Capital Three shall have the right to sublease the Premises and/or assign, sell, pledge or otherwise transfer any and all of its rights, title or interests in, to or under this Agreement, the Lease, the Premises or the Md7 Capital Three Lease, including to any pledgees, mortgagees, holders of security interests, trustees, lenders or other parties providing financing to Md7 Capital Three (individually, "Secured Party"), without the prior consent of Owner. Owner and Md7 Capital Three agree that any Secured Party shall be a third party beneficiary of all of the rights of Md7 Capital Three under this Agreement and shall be entitled to record a deed of trust or mortgage to secure its interest under this Agreement. Owner shall notify Md7 Capital Three and any Secured Party in writing of any default by Md7 Capital Three and give the Secured Party the same notice and time to cure any default as provided in this Agreement. If a termination, disaffirmation or rejection of this Agreement by Md7 Capital Three shall occur pursuant to any Laws (including any bankruptcy or insolvency Laws), or if this Agreement is terminated for any other reason, Owner will notify each Secured Party promptly and Owner shall enter into a new agreement with such Secured Party upon the same terms as this Agreement, as applicable, without any additional consideration. Any Secured Party shall have the right to intervene and become a party, but only with respect to Md7 Capital Three's involvement, in any legal or other proceeding relating to this Agreement to the extent of its security interest herein. 15. Notices. All notices under this Agreement shall be in writing and shall be deemed effective, even if refused or returned undelivered, if the same is given by first class, certified or registered mail, return receipt requested, or sent by a nationally recognized overnight courier, postage prepaid and addressed to the party to whom notice is to be given, at the address indicated herein ("Notice"). Either party may change its address for Notice, or provide additional addresses for Notice, including notices to Secured Parties, by ten (10) days prior written Notice to the other as provided herein: Owner's Address: Md7 Capital Three's Address: City of Colleyville Md7 Capital Three, LLC Attn: Finance Department Attn: Legal Department 100 Main Street 3721 Valley Centre Drive Colleyville, TX 76034 Suite 303 San Diego, CA 92130 Send Rent Schedule Payments to: City of Colleyville Attn: Finance Department 100 Main Street Colleyville, TX 76034 Tenant's Address: Secured Party's Address: T-Mobile West Corporation [if applicable] 12920 SE 38`h Street Bellevue, WA 98006 For ordinary course, day-to-day, operational issues relating to the use, occupancy, maintenance and repair of the Premises, Owner shall continue to communicate with Tenant directly in the manner set forth in the Lease and in accordance with applicable operating rules and regulations and local custom. Owner shall provide Md7 Capital Three with copies of all correspondence to and from Tenant and shall copy Secured Party on all notices of default under the Lease and this Agreement. Tenant shall be copied, pursuant to the notice instructions above, on any delinquent rent notices, termination notices, and Cancellation Notices at the same time such notice is delivered to the Owner or Md7 Capital Three, as applicable, hereunder. 16. Miscellaneous Provisions. The parties agree as follows: (a) This Agreement shall run with the Property, and shall inure to the benefit of and shall bind the successors and assigns of the parties to this Agreement; (b) Interpretation of this Agreement shall be governed by the internal laws of the State in which the Premises are located without regard for principles of conflicts of law; (c) To the extent permitted by law, each party waives any right to a jury trial in any action or proceeding to enforce or interpret this Agreement; (d) If either party is in default under this Agreement for a period of thirty (30) days following receipt of written notice from the non-defaulting party, the non-defaulting party may pursue all remedies available to it against the defaulting party at law, in equity and as provided in this Agreement; (e) The prevailing party in any action or proceeding in court or to enforce or interpret the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party; (f) Md7 Capital Three may enforce this Agreement by specific performance, injunction, appointment of a receiver and any other equitable rights and remedies available under the Law, it being acknowledged by Owner that money damages may not be an adequate remedy for the harm caused to Md7 Capital Three by a breach or default by Owner under this Agreement; (g) This Agreement may be executed in multiple counterparts and signatures sent by facsimile or email may be treated as original signatures; (h) If any provision of this Agreement is found to be invalid, illegal or unenforceable in any respect, such provision shall only be ineffective to the extent of such invalidity, illegality or unenforceability and the remaining provisions shall remain in full force and effect; (i) The parties agree to cooperate with each other to sign, within ten (10) business days following the written request of the other party, a Memorandum of Lease (to the extent that such document is not already recorded) and a Memorandum of Agreement (in the forms of Attachment 2 and Attachment 3 attached hereto); (j) Owner shall promptly furnish to Md7 Capital Three all information and documents in Owner's possession, custody or control, relating to this Agreement, the Lease, the Premises, the Property and Tenant as Md7 Capital Three reasonably requests, and Owner shall provide Md7 Capital Three access to the Premises, as necessary; (k) Upon the express release, waiver, expiration or termination of this Agreement for any reason whatsoever, all covenants and agreements to be performed and/or observed by either party under this Agreement which by their nature survive any release, waiver, expiration or termination of this Agreement, including Sections 5, 6, 7 and 10 shall survive such release, waiver, expiration or termination; (1) Owner shall be required to keep the terms and conditions of this Agreement confidential (except to the extent disclosed in the Memorandum of Agreement); provided, however, Owner may disclose the terms and conditions of this Agreement to its employees, advisors, lenders and potential purchasers of the Property, who are bound by similar confidentiality requirements; and (m) Owner and Md7 Capital Three expressly acknowledge and agree that nothing contained in this Agreement creates any duty, obligation or liability, nor any waiver, modification or release, on the part of Tenant. 17. Entire Agreement. This Agreement, including all exhibits, schedules and attachments attached hereto and hereby incorporated by reference herein, constitutes the entire agreement between the parties as to the subject matter hereof and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties as to said subject matter. Any amendments to this Agreement must be in writing and executed by Owner and Md7 Capital Three. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above. OWNER: City of Colleyville By: Print Name: Title: Md7 Capital Threc: Md7 Capital Three, LLC, a Delaware limited liability company By: Print Name: Title: Schedule I Additional Lease Terms and Conditions The following provisions shall amend the Lease and shall survive the expiration or early termination of the Assignment Term: 1. Expansion of Permitted Use. Owner hereby agrees that Tenant shall have the right, without the requirement of obtaining Owner's consent, to modify, supplement, replace, upgrade, expand or refurbish the equipment related to Tenant's communications facility ("Communications Facility"), increase the number of antennas thereon, modify its operating frequencies or relocate the Communications Facility within the Premises at any time during the term of the Lease or any renewal term. Owner shall cooperate with Tenant in all respects in connection with the foregoing. If Owner does not comply with the terms of this section, Tenant may exercise all of its rights and remedies under law or equity, including, without limitation, terminating the Lease and, upon such termination, shall have no further liability to Owner. Notwithstanding the above, any such modifications, supplements, replacements, upgrades, expansions or refurbishments must comply with any and all existing non- interference and height restriction provisions set forth in the Lease. 2. Expansion of Premises. Owner grants Tenant the right, on a space available basis, to enlarge the Premises (the "Additional Premises"), so that Tenant may implement any necessary modifications, supplements, replacements, refurbishments or expansions to the Communications Facility or to any equipment related thereto, as determined by Tenant in its sole discretion. In the event Tenant requires Additional Premises for such purposes, the monthly Rent payable for such Additional Premises shall be the current per square foot Rent applicable to the Premises under the Lease (the "Additional Premises Rent"). The Additional Premises Rent shall be compensation for space utilized by the expansion of Tenant's room cabinet/ground area and for expansion of the antenna area(s) beyond the Premises, but Tenant's addition of coaxial cables, raceways, conduits and other ancillary equipment and such related space usage, shall not require or result in Additional Premises Rent or any other compensation to Owner. The Additional Premises Rent shall be payable to Owner at the times and in the manner set forth in the Lease for payment of Rent and shall be subject to adjustment (if applicable) from time to time in the same manner and percentage set forth in the Lease for adjustments to Rent, if any. Owner agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to affect and memorialize the lease of the Additional Premises to Tenant. Owner and Tenant agree that each and every reference in the Lease to the "Premises" shall also include the "Additional Premises" (if any). Unless Owner otherwise agrees, the Additional Premises square footage will not exceed an area equal to the current square footage of the Premises, and the configuration of the Additional Premises shall be subject to Owner's reasonable approval. 3. Term. After the expiration of the Assignment Term, the term of the Lease (but not the Assignment Term) will be automatically renewed for two (2) additional terms, as set forth in the renewal term table below (each a "Renewal Term"), without further action by Tenant on the same terms and conditions of the Lease, unless Tenant provides written notice to Owner of its intention not to do so at least ninety (90) days prior to the end of the Assignment Term or Renewal Term, as applicable. The Rent payable during each Renewal Term (if applicable) shall be as follows: Owner Initials TO: T-Mobile West Corporation 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance Owner Letter RE: Tower Lease with Option dated March 30, 2004, for the Site located at 312 West McDonwell School Road, Colleyville, TX 76034 (as supplemented and amended, the "Assigned Lease"). PLEASE BE ADVISED THAT for the period commencing on December 10, 2009, and ending on December 9, 2034 (the "Assignment Term"), the undersigned, being the landlord or licensor under the Assigned Lease (as applicable, "Owner"), has assigned, transferred and conveyed all of its rights, title and interests in, to and under the Assigned Lease, including Owner's interest in all rents payable by you as the tenant or licensee thereunder, to: Md7 Capital Three, LLC, a Delaware limited liability company (together with its successors and assigns, "Md7 Capital Three"). Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in that certain Lease Assignment Agreement between Landlord and Md7 Capital Three, which assigns the rights, title and interests of Landlord under the Assigned Lease to Md7 Capital Three ("Lease Assignment Agreement"). EFFECTIVE IMMEDIATELY, you are hereby instructed to pay all Rent accruing during the Assignment Term to Md7 Capital Three, in accordance with the directions of Md7 Capital Three or its designee and to otherwise recognize Md7 Capital Three or its designee as the assignee of all of Owner's right, title and interest under the Lease during the Assignment Term. Without limiting the generality of the foregoing, Owner acknowledges and agrees that Tenant may rely upon any consent, waiver or other action made by Md7 Capital Three as landlord or licensor during the Assignment Term relative to the Assigned Lease, subject to the limitations set forth in the paragraph entitled "Amendment" below. AMENDMENT: Upon your execution of this instrument, the Assigned Lease shall be deemed amended to include those provisions set forth on Schedule I hereto. Tenant and Md7 Capital Three may enter into additional modifications of the Lease during the Assignment Term; provided, however, that no amendments to the Assigned Lease shall be binding upon Owner following an Early Termination (as hereinafter defined) or the expiration of the Assignment Term other than (a) the amendments set forth on said Schedule I hereto or (b) any other modifications or agreements to the Assigned Lease that are approved by Owner, which approval shall not be unreasonably withheld, conditioned or delayed. Nothing contained herein or in the Lease Assignment Agreement or any other documentation between Md7 Capital Three and Owner (collectively, the "Lease Assignment Documents") shall be construed so as to waive, release or modify (i) any obligation which Owner has agreed to perform under or in connection with the Assigned Lease, including, without limitation, Owner's covenant of quiet enjoyment in favor of Tenant and any obligation of Owner to furnish access, utilities or other services to Tenant, or (ii) any other right or remedy of Tenant under or in connection with the Assigned Lease. For the avoidance of doubt, Tenant shall at all times be permitted, but not obligated, to contact, and work directly with, Owner in connection with enforcing the performance of, and/or resolving any default of, lessor's/licensor's obligations under the Assigned Lease. RENT PAYMENTS: No Rent or other payments shall be due or owing from Tenant to Owner during the Assignment Term, but instead Tenant shall pay rent to Md7 Capital Three or its designee, subject to the terms and conditions set forth in the paragraph below entitled "Termination and Reversion." Notwithstanding the foregoing, all Owner Reserved Payments specified in the Lease Assignment Agreement (if any) and all Additional Premises Rent specified in the Lease Assignment Agreement (if any) shall continue during the Assignment Term to be payable to Owner or (if applicable) such service provider, taxing authority or other person as may be designated in the Assigned Lease as the payee of DA02282B M-T2 Owner Reserved Payments and/or Additional Premises Rent. Notwithstanding anything to the contrary contained herein or in the Lease Assignment Documents, (a) Md7 Capital Three, not Tenant, shall be solely responsible for any and all any Rent Schedule Payments (as defined in the Lease Assignment Agreement) and other obligations of Md7 Capital Three under the Lease Assignment Documents, and (b) neither any failure by Md7 Capital Three to make any Rent Schedule Payment, nor any failure to perform any of Md7 Capital Three's other duties or obligations under the Lease Assignment Documents, shall ever give rise to any eviction, collection or other action as against Tenant, or any other interference with Tenant's use or enjoyment of the subject premises, but Tenant shall have a continuing right to lease the subject premises on the terms and conditions of the Assigned Lease, as more particularly described in the paragraph below entitled "Termination and Reversion." TERMINATION AND REVERSION: Owner shall have no right to terminate the Lease Assignment Agreement prior to the end of the Assignment Term, unless Md7 Capital Three fails to cure any default in the payment of Rent Schedule Payments within the applicable time periods (including the expiration of all applicable grace, cure and notice periods) set forth in the Lease Assignment Agreement (a "Rent Schedule Payment Default"). Owner shall promptly notify Tenant in writing of each Rent Schedule Payment Default and of any termination of the Lease Assignment Agreement; it being agreed that any such termination prior to the end of the Assignment Term ("Early Termination") shall be effective upon the delivery of written notice thereof to Tenant. Upon any such Early Termination or upon the expiration of the Assignment Term (each, as applicable, the "Reversion Date"), the Assigned Lease shall (if the same shall not have previously been terminated) automatically revert to a direct lease or license (as the case may be) between Owner as lessor/licensor and Tenant as lessee/licensee, upon the terms and conditions set forth herein. From and after the first day of the first full month following the Reversion Date, Tenant shall pay Rent, in the amounts and frequency as designated on Schedule II attached hereto and incorporated herein ("Schedule II Rent Payments") to Owner directly and Tenant shall not be responsible for any further payments to Md7 Capital Three relating to the Assigned Lease. Md7 Capital Three hereby authorizes Tenant's payment of Rent to Owner from and after Tenant's receipt of an Early Termination Notice or any other occurrence of the Reversion Date and hereby releases and discharges Tenant from any liability to Md7 Capital Three on account of such payments of Rent to Owner. Without limiting the generality of the foregoing, if there is a dispute as whether the Reversion Date has occurred, then Tenant may elect, in its sole discretion, to pay Rent, in the amount of the Schedule II Rent Payments, to either Owner or Md7 Capital Three, or into an escrow account established by Tenant, each of which payments by Tenant shall be deemed full payment of Tenant's obligations to both of Owner and Md7 Capital Three so long as, with respect to any amounts paid into an escrow account by Tenant, Tenant releases such amounts from the escrow account pursuant to a court order or by the joint written direction of Owner and Md7 Capital Three in form and substance reasonably acceptable to Tenant. Owner and Md7 Capital Three acknowledge that Tenant may require up to thirty (30) days to process changes in payment directions and Owner and Md7 Capital Three agree that any payment made prior to the expiration of said thirty (30) day period may be made pursuant to prior payment directions in effect before the Reversion Date. If an Early Termination occurs at any time before the last day of any Rent Lock-in Period (as hereinafter defined), and the Assigned Lease has reverted to a direct lease or license (as applicable) between Owner and Tenant as aforedescribed, then Tenant shall not have the right to terminate the Assigned Lease prior to the expiration of the Rent Lock-in Period unless Tenant's rights to occupy or use the subject premises for Tenant's intended telecommunications purposes are impaired at any time due to (a) any bankruptcy or insolvency proceeding involving Owner or any other party other than Tenant; (b) any uncured default, gross negligence or willful misconduct of Owner; (c) any casualty damage not caused by Tenant, its agents, employees, contractors or invitees; (d) any taking or condemnation under the power of eminent domain; or (e) any tax sale, foreclosure or other proceeding not caused by Tenant. In the event of any such termination, Tenant shall have no further obligation under the Assigned Lease, including, without limitation, any obligation to pay any Schedule II Rent Payments that would otherwise have been due for the remainder of the Rent Lock-in Period following the date of DA02282B M-T2 termination. Tenant's rights to terminate or non-renew the Assigned Lease after the Rent Lock-in period shall be governed by the terms and conditions of the Assigned Lease. For purposes hereof, the term "Rent Lock-in Period" shall mean that period of time (if any) expressly described on Schedule III hereto as the Rent Lock-in Period. MISCELLANEOUS: For purposes hereof, the terms "Owner," "Tenant" and "Md7 Capital Three" shall mean each such party as defined herein, together with their respective successors and assigns. Without limiting the generality of the foregoing, Owner shall assign all of its rights, duties and obligations hereunder to any successor owner of the subject premises, and shall give Tenant and Md7 Capital Three prompt written notice of any such conveyance. Signatures hereon and acknowledgement sent by facsimile, a-mail or other electronic means shall be treated as original signatures. This instrument may be executed in multiple counterparts and shall be binding on Owner irrespective of whether Owner receives signed counterparts hereof. In the event of a conflict between the terms of this Owner Letter and the Lease Assignment Agreement, the terms of this Owner Letter shall control as to the subject matter hereof. THANK YOU FOR YOUR COOPERATION. OWNER/ASSIGNOR: City of Colleyville By: Print Name: Title: Md7 Capital Three/ASSIGNEE: Md7 Capital Three, LLC, a Delaware limited liability company By: Print Name: Title: ACKNOWLEDGMENT The undersigned Tenant hereby acknowledges and accepts receipt of this instrument and consents to the assignment of Landlord's right, title and interest in the Assigned Lease to Md7 Capital Three on the terms and conditions described herein. TENANT: T-Mobile West Corporation, a Delaware corporation By: Print Name: Jared Ledet Title: Director-Regional Development South Re ion DA02282B M-T2 SCHEDULE I Additional Lease Terms and Conditions The following provisions shall amend the Lease and shall survive the expiration or early termination of the Assignment Term: 1. Expansion of Permitted Use. Owner hereby agrees that Tenant shall have the right, without the requirement of obtaining Owner's consent, to modify, supplement, replace, upgrade, expand or refurbish the equipment related to Tenant's communications facility ("Communications Facility"), increase the number of antennas thereon, modify its operating frequencies or relocate the Communications Facility within the Premises at any time during the term of the Lease or any renewal term. Owner shall cooperate with Tenant in all respects in connection with the foregoing. If Owner does not comply with the terms of this section, Tenant may exercise all of its rights and remedies under law or equity, including, without limitation, terminating the Lease and, upon such termination, shall have no further liability to Owner. Notwithstanding the above, any such modifications, supplements, replacements, upgrades, expansions or refurbishments must comply with any and all existing non- interference and height restriction provisions set forth in the Lease. 2. Expansion of Premises. Owner grants Tenant the right, on a space available basis, to enlarge the Premises (the "Additional Premises"), so that Tenant may implement any necessary modifications, supplements, replacements, refurbishments or expansions to the Communications Facility or to any equipment related thereto, as determined by Tenant in its sole discretion. In the event Tenant requires Additional Premises for such purposes, the monthly Rent payable for such Additional Premises shall be the current per square foot Rent applicable to the Premises under the Lease (the "Additional Premises Rent"). The Additional Premises Rent shall be compensation for space utilized by the expansion of Tenant's room/cabinet/ground area and for expansion of the antenna area(s) beyond the Premises, but Tenant's addition of coaxial cables, raceways, conduits and other ancillary equipment and such related space usage, shall not require or result in Additional Premises Rent or any other compensation to Owner. The Additional Premises Rent shall be payable to Owner at the times and in the manner set forth in the Lease for payment of Rent and shall be subject to adjustment (if applicable) from time to time in the same manner and percentage set forth in the Lease for adjustments to Rent, if any. Owner agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to affect and memorialize the lease of the Additional Premises to Tenant. Owner and Tenant agree that each and every reference in the Lease to the "Premises" shall also include the "Additional Premises" (if any). Unless Owner otherwise agrees, the Additional Premises square footage will not exceed an area equal to the current square footage of the Premises, and the configuration of the Additional Premises shall be subject to Owner's reasonable approval. 3. Term. After the expiration of the Assignment Term, the term of the Lease (but not the Assignment Term) will be automatically renewed for two (2) additional terms, as set forth in the renewal term table below (each a "Renewal Term"), without further action by Tenant on the same terms and conditions of the Lease, unless Tenant provides written notice to Owner of its intention not to do so at least ninety (90) days prior to the end of the Assignment Term or Renewal Term, as applicable. The Rent payable during each Renewal Term (if applicable) shall be as follows: Owner Initials DA02282B M-T2 Renewal Terms Term Start Date End Date 1 12/ 10/2034 12/9/2039 2 ' 12/10/2039 ~ 12/9/2044 Renewal Rent Schedule (Payable by T-Mobile) Period Begin ~ __ ~ Period End ._ ,Payment Interval; # of Pmts; ',12/10/2034 , 12/31/2034 1/1/2035 12/31/2039 Monthly 60 ',1/1/2040 . 11/30/2044 Monthly 59 12/ 1 /2044 12/9/2044 Proration 0 ,12/1/2044 12/9/2044 Monthly 1 Pro Days ~ Pro Amount Rent Payable NO RENT DUE OWNER ....$2,657.35 $2,923.09" 9 $848.64 $848.64 4. Reasonableness. If any consent, authorization or approval of either party is required or requested by the other party under or in connection with the Lease, such approval, consent or authorization shall not be unreasonably withheld, conditioned or delayed. Note: It is the parties' intent that the provisions of this Schedule I and the provisions of Schedule I of the Owner Letter be identical, but in the event of any conflict or inconsistency between the provisions of this Schedule I and the provisions of Schedule I of the Owner Letter, the provisions affording Tenant more expansive rights shall govern and control. Owner Initials DA02282B M-T2 SCHEDULE II Schedule II Rent Payments Assignment Rent Schedule (Md7 Payable to Owner) Period Begin ~ Period End .....Payment Interval', # of Pmts ;Pro Days .....Pro Amount; Rent Payable 12/10/2009 ,12/31/2009 NO RENT DUE OWNER 1/1/2010 12/31/2014, Monthly 60 $1,650.00 .,..1/1/2015 ',12/31/2019 Monthly 60 $1,815.00', 1/1/2020 ',12/31/2024 Monthly 60 $1,996.50' 1/1/2025 12/9/2034 Rent Abated 0 ABATED Owner Initials DA02282B M-T2 SCHEDULE III Rent Lock-in Period: The period commencing on December 10, 2009, and ending on December 9, 2019. DA02282B M-T2 ~~ ~~~ City Hall ;~~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,;.; Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1732 File Number: 0-09-1732 Version: 1 Requester: Fire Department File Type: Ordinance Agenda Date: 10/20/2009 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Amending Ordinance 0-09-1727 relating to the Fiscal Year 2010 (FY 2010) General Fund budget and authorizing the City Manager to use General Fund available cash, in the amount of $981,238, to prepay for the second of two fire apparatus being purchased for Attachments: Martin Apparatus, Inc. Letter of Proposal dated September 2, 2009 Ordinance 0-09-1732. pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/07/2009 City Council 1 10/20/2009 City Council Title Amending Ordinance 0-09-1727 relating to the Fiscal Year 2010 (FY 2010) General Fund budget and authorizing the City Manager to use General Fund available cash, in the amount of $981,238, to prepay for the second of two fire apparatus being purchased for the Fire Department Explanation Second Reading and Public Hearing This ordinance has been revised to reflect the correction of a mathematical error. There were no speakers regarding this item at the October 7, 2009 City Council meeting. First Reading and Public Hearing As part of the FY 2010 General Fund budget requests, the Fire Department requested to purchase two new fire apparatus to replace two existing fire apparatus that are 14 and 24 years old, respectively. The first fire apparatus was proposed to be funded from the Colleyville Tomorrow Fund. Staff's initial plan was to lease purchase the second fire apparatus over a period of 10 years with the initial 1-2 annual payments coming from the Debt Service Fund available cash. Upon further research and investigation, staff has determined that in order to achieve the greatest cost savings in vehicle purchase discounts and to minimize interest costs, the best course of action is to prepay purchase the second fire apparatus using General Fund available cash and take out a 10 year secured loan upon delivery of the second fire apparatus to re-pay the funds used from General Fund available cash. City of Colleyville Page 1 Printed on 10/15/2009 Agenda Briefing Continued (0-09-1732) When the second fire apparatus is delivered, a 10 year secured loan will be obtained and the loan proceeds will be used to replenish available cash funds to their previous levels. During this 10-11 month period, the days of available cash in the General Fund reserves will be reduced from 148 days of operating funds to 129 days of operating funds. Upon receipt of the loan, days of operating cash reserve will return to pre-purchase levels. Financial Impact It has been determined that the financial impact of this plan is as follows: Interest savings by deferring loan until after delivery: $49,000 Full prepay discounts: $43,738 Lost interest revenue from available cash reduction: $12,265.48 Net savings with this plan: $80,472.52 Recommendation Approval City of Colleyville Page 2 Printed on 10/15/2009 MARTIN APPARATUS, INC. ~ ~~ 3500 Shelby Lane Denton, TX 76207 Colleyville Fire Department September 2, 2009 5209 Colleyville Blvd. Colleyville, TX 76034 Re: Proposal for One (1) new Pierce Custom 95' Midmount Platform (1) new Pierce Custom 105' Heavy Duty Aerial Martin Apparatus Inc., the licensed and authorized dealer for Pierce Manufacturing Inc. in the State of Texas and in the State of Louisiana, is pleased to provide the following proposal for TWO new Pierce Aerial apparatus. This proposal is based on the accompanying proposal specifications, which are tailored to meet your needs. The proposal pricing is based on current HGAC (Houston Galveston Area Council) and/or BUYBOARD proposal pricing and includes the fees associated with either a HGAC or a BUYBOARD purchase. Two (2) new Pierce Custom Aerial Apparatus and Platform $1,908,231.00 Prepayment discounts are included. See last page for payment details. The proposal pricing includes the delivery cost from Appleton, Wisconsin. Travel expenses for your personnel travel to our factory are included in this proposal. Delivery time for the proposed unit will be within 10-11 months from the date of order which will be the date that a Purchase Order and pre-payment, (if this option is taken) is received by Martin Apparatus Inc. This proposal is valid for until November 30th 2009. Tax is not included in this proposal. In the event that the purchasing organization is not exempt from Sales Taxes or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Payment is due to Martin Apparatus Inc. upon acceptance of the apparatus at the factory. Payment must be remitted to: Payment Mailing Address Payment Wiring Information Martin Apparatus Inc., JP Morgan Chase Bank, N.A. P.O. Box 975262 Dallas, TX 75201 Dallas, TX 75397-5262 Account # 724367016 Routing #: 111000614 26-1557803 Fed Tax ID Page 1 of 3 Any changes to the original specification will be invoiced or credited as a separate transaction from the original proposal. A late fee of .033% per day will be charged for overdue payments for the first 30 days and a fee of .044% per day thereafter. In the event that the purchase order is cancelled or terminated by a parry before completion, Martin Apparatus Inc. may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10% of the Purchase Price after order is accepted and entered by Pierce; (b) 20% of the Purchase Price after completion of the approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Martin Apparatus Inc. endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Martin Apparatus Inc. upon sale of the product to another purchaser, plus any costs incurred by Martin Apparatus Inc. to conduct any such sale." In an effort to ensure that the above stated terms and conditions are understood and adhered to, Martin Apparatus Inc. requires that an authorized individual from the purchasing organization sign and date this proposal cover letter and include it will any purchase orders or contracts. In the event that the purchasing organization has regulations or procedures that do not coincide with the terms and conditions of this proposal, any and all deviations must be submitted to Martin Apparatus Inc. for written approval. An authorized representative of Martin Apparatus Inc. must agree to each and every deviation, in writing, via an amended copy of this proposal cover letter which will then, in turn, require a dated signature from the purchasing organization. Sincerely, Travis Ownby 817 454 5394 cell phone 800-784-6806 -Houston Office Toll Free townby@martinapparatus.com -email I, ,representing , desire to purchase the equipment listed on this proposal cover letter and agree to the terms of this proposal. Signature Date Page 2 of 3 Prepayment table Truck #1 Colleyville 105' Aerial Apparatus price no discounts 974,942.00 Chassis discount see below for payment -9,175.00 Aerial discount -5,032.00 100% prepay discount -23,742.00 Apparatus price with discounts 936,993.00 Trade in (E-One) -10,000.00 Apparatus price with all discounts and trades 926,993.00 Chassis prepay amount of $293, 789 Aerial Prepay amount of $243, 802 100% prepay of $926, 993 due net 15 of contract signing Truck #2 Colleyville 95' Midmount Platform Apparatus price no discounts 1,099,976.00 Chassis discount see below for payment -9,256.00 Aerial discount -8,655.00 100% prepay discount -25,827.00 Apparatus price with discounts 1,056,238.00 Trade in (Quality pumper) -35,000.00 Multi truck discount -40,000.00 Apparatus price with all discounts and trades 981,238.00 Chassis prepay amount of $308,535 Aerial Prepay amount of $411, 899 100% prepay of $981,238 due net 15 of contract signing Multi Truck discount only applicable if contract is for both units Apparatus Purchase Price 2 trucks 2,074,918.00 Total Discounts (2 trucks) -121,687.00 Total Trade in value (2 trucks) -45,000.00 Total Apparatus cost 1,908,231.00 Truck # 1 shall be paid in full $927,993 by customer to receive discounts. Truck # 2 shall be financed for an amount of $981,238 and paid to Pierce within 15 days of contract signing to receive all discounts. Prepayment not required for truck number two if the customer chooses to pay cost without prepayment discounts on delivery. Page 3 of 3 ORDINANCE 0-09-1732 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING SECTION 3 OF ORDINANCE 0-09-1727 OF THE FISCAL YEAR 2010 (FY 2010) GENERAL FUND BUDGET WHEREAS, the Fire Department can receive apre-payment discount of $43,738 on a fire apparatus which will be financed by a 10-year secured loan upon delivery and the City Council desires to receive the pre-payment discount by utilizing General Fund available cash in the amount of $981,238, it is necessary to amend the FY 2010 budget in the amount of $981,238 for Fire Department's line item (001-22-6650) making the amended total of the FY 2010 General Fund budget $19,963,208; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT appropriation amounts for the FY 2010 budget as adopted by Ordinance 0-09-1727 for the different funds of the City of Colleyville are amended to read as follows: General Fund $19,963,208 Utility Fund (Water and Wastewater) $10,510,469 Debt Service Fund $ 2,480,396 Drainage Utility Fund $ 803,149 Sec. 2. THAT the City Manager is hereby authorized to execute all contracts and documents forwhich funding is appropriated in the aforementioned budgets. Sec. 3. THAT the effective date of this ordinance shall be immediate upon passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. Ordinance 0-09-1732 Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney .,~:;~, City of Colleyville 100 Mlain Street Colleyville, Texas 76034 t,,.,- Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1733 File Number: 0-09-1733 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 10/20/2009 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 Attachments: Location and Zoning Map Notification List Zoning Exhibit Ordinance 0-09-1733 History of Legislative File Version: Date: Acting Body: Action Text: 1 09/14/2009 Planning and Zoning Commission 1 10/20/2009 City Council Title Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 Explanation First Reading and Public Hearing James Lafferty submitted a request to rezone 0.5 acres of land located at 406 John McCain Road from AG-Agricultural to R40-Single Family Residential (40,000 square feet minimum). The applicant is seeking the zoning change in order to create access to an R40-Single Family Residential portion of his lot in the northeast corner so that the applicant can build a home. Existing Conditions. The subject property is currently platted as one lot. The property is currently developed as a single residential lot that contains an existing home. The current home, stable, and corral area on the property will remain. Lot Sizes. The applicant has submitted an exhibit illustrating the existing property boundaries. The R40-Single Family Residential zoning district requires a minimum lot area of 40,000 square feet, lot width of 150 feet and lot depth of 150 feet. Although irregular in shape, the proposed lot would meet the minimum lot requirements for an R40-Single Family Residential lot and the Land Development Code. City of Colleyville Page 1 Printed on 10/15/2009 Agenda Briefing Continued (0-09-1733) Platting. Upon approval of the rezoning request, the subject property will be required to be replatted in order to create a new lot around the altered zoning boundary prior to the issuance of a building permit. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The surrounding properties represent a small variety of zoning districts within the City. The properties to the north, west, and south are zoned AG-Agriculture and contain single family homes; the property to the east is zoned R40-Single Family Residential and contains a single family home. Public Notification. Staff mailed notices to 17 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. Staff has received no letters regarding the request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the September 14, 2009 meeting by a vote of 4-3. Summary. The proposed zoning request is compliant with the Master Plan. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 10/15/2009 Location and Zoning Map 34c 7303 7207 73x1 72Q9 7207 AG 72a~ T205 7242 72D3 7244 7201 71 D2 7`143 3D4 UD 7140 7141... n 7aaa 71a~ R20 7Daa 7oao 71`01 AG 315 alas Site 72x8 73D2 72nD 72x0 AG 720-0 1 R40 7112 5a6 5a8 512 x 4D6 544 ~~~~ ~,jtC.~ &4D AG Qa5 54h 744D Notification List OWNER_NAME OWNER ADDR OWNER_CITY OWNER STATE OWNER ZIP SITUS_ADDR Hi htower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 000304 John McCain Rd Moose, Stephen & Brooke 7204 Pleasant Run Rd Colleyville TX 76034 007204 Pleasant Run Rd Trini Ch Center Of Santa Ana 2442 Michelle Dr Tustin CA 92780 007200 Pleasant Run Rd Pagel, Cindy D 506 John McCain Rd Colleyville TX 76034 000506 John McCain Rd Brown, Clifford Etux Linda 508 John McCain Rd Colleyville TX 76034 000508 John McCain Rd Cucci, Steven C Etux Martha W 7201 Monticello Pkwy Colleyville TX 76034 007201 Monticello Pkwy Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 000304 John McCain Rd Miller, R Scott & Mary B 500 John McCain Rd Colleyville TX 76034 000500 John McCain Rd Scheffe, Scott A 7103 Monticello Pkwy Colleyville TX 76034 007103 Monticello Pkwy Rivera, Arsenio Jr Etux Resy 7101 Monticello Pkwy Colleyville TX 76034 007101 Monticello Pkwy Goodacre Ltd Prtnshp PO Box 1672 Colleyville TX 76034 007013 Westcoat Dr Goodacre Ltd Prtnshp PO Box 1672 Colleyville TX 76034 000000 Reverchon Ct Dyck, Harry A Etux Estha 7336 Normandy Rd Fort Worth TX 76112 000000 Westcoat Dr Wood, Jane Annette 315 John McCain Rd Colleyville TX 76034 000315 John McCain Rd Stringer, David W Etux Charla 401 John McCain Rd Colleyville TX 76034 000401 John McCain Rd Johnson, Jeff Etux Michele 405 John McCain Rd Colleyville TX 76034 000405 John McCain Rd James Lafferty, applicant 406 John McCain Rd. Colleyville TX 76034 applicant PH notices mailed on Thursday, Sept. 3, 2009 by Amy Shelley. ZONING EXHIBIT .v~~ s;~i m~ vL> ~~ € ~ E. s m x xs ~ O ~ vQi ~,°8g j ~ e in~ $q 5~ ~ ~ ~' '~ ~ JE'~O o m $n ~ ._ ~ E _ X y9 to $€ sp ~s ~ a a> ~ e "mCl1Uw ~~~ ~~ as ~: E ~ ~~ £ g € F ~ ~ ~~~~~~~~~ ~~~~@I~~ €~ y N x ~ Z z z k ~ u ~~ g s 'a a~ g E LM' E ~£ °s [~ p ~p ~~ O = v¢ q ~ p8( 6 *„ ~ ~g 3 .~ 3 € ~ € ~ £ 5` z .. ~ N € ~ ~ ~""' ao"w aoa¢e®no''a~mmeNe Z OZ °' ~ Sp~~ ~~ ~h ~g ~~ ¢'.N ~~ ;E x xNm ~~ ~~ ~a NN Zd' °. ~g t°g ~~ 3`` ~6 wi' ~i w~ "~ :~ ;~a std W3 Wa OFJ•I~Fa- ~~€Y~ °ar ~ ~ 8S •3 at n ~ a~ R3 ~ rY~a ~~~~~ ~o~L ~ m ~~ ~_ ~_ ~~ ~ ~5 M m m= ~a a Z pF. b ~~ E E ~ ~ o.4e IH~~6 e~ ~guggg ca Exg s~p~ 5"~ ~" 85€ E <x a€ ~ ~s 8 8f g : ~q ~~& ~~ ~ ~~ ~ SE 8 ~~~s ~?~aa ~9 is ~5 ~s tYi tY~ ~o Yla"$ ~~ J= ba ~ ~~ s 8& g 3d~'~h 2i~c' ~~;; ~3 ~4 ~q ~". ~? ~~ ~~~ dry. ~4 ~s` ° n ~' N ~i ~~ ~~ ~ J // - ~~s~ /~ ~ a ~~ E ~ Y / ~- ~ Ob-1I - Q9N02 o p4q ~ c _ - M Bi.L o _ . - ~ 8 i ~ $ $ a`o ---- - ~~- ----- --- - s a I III' N~ya° ,~,~rW ~,,y,,, ~ ,. a g $ ONE a i ~I s~o~ o R. e w ~~~ s I a ~ ~ Z ¢ ~- . I ~ o,a,~ ~ Po Z $ ~ ~ m r . _ 87.4 ' ~~i w ~ a 9~` N ~~ ~ II N~ ~ o ¢W }~ rv, N I z I w ~~ -v I ~1 gsy . $ ~o Qow o~~ ~ w u, a o `a u, o z p~rc ~~ o ' I \ O ~ ~ ~~ ~~ t-°u pz 8 ~~ i o -~~ ~°wF B~ wa 'I \ m p ~ = oar, ao ~~ a, ~ Q ~ ~w I ;~ "NN a ~; °~ 4=~ d - 4 ~oo `,'~ i ., -~ ° P ~$ ~' ' I '~ °~y ~~°~ su ag of [' 1~~949 . y e ~ ~ fig. . ~~ FS: •~ ~ ~ c i t~- o PB tF I" ~ p i ! ~, ~~y s ! ~( ~ ` ~ - .,~ ~ \ s p I i ~ ~¢~ b N ' _ I J ._` .., - ~~ ~ H _,, , -~--~ ~ ~ ~ ~ oo«< . pro. tl ~ ~ ~€ ° my i v3i ~ -~ . oS26 " ~~.,,. a a N ~""~w"`~+ i i 0 "` $ ~ O y, ~;"~\ i e pp w 9~~~ p bb N } ,a.o. iW 14x3 ouryoZ ORDINANCE 0-09-1733 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.5 ACRES ON A PORTION OF LOT 2R, BLOCK 1, OF THE BRIAR CREEK ESTATES ADDITION FROM THE AG-AGRICULTURAL TO R40-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC09-012; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-09-1733 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 0.5 acres portion of Lot 2R, Block 1, Briar Creek Estates Addition from the AG- Agricultural zoning district to the R40-Single Family Residential zoning district, as depicted in the attached Exhibit "A" labeled Location and Zoning Map and described in the attached Exhibit "B" labeled Metes and Bounds Description. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-1733 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map 304 7303 7 7208 7208 7207 T30i 7302 AG 724s AG 7200 AG 7200 7207 Site 7284 7245 R40 7202 7203 7112 7200 T201 50& 508 512 7102 7103 PU R 3oa aos 5aa ~r Z1~ 7100 7901 &00 Puti 7008 7105 AG 405 505 7000 7004 315 7000 7101 Exhibit "B"- Metes and Bounds Description FIELD NOTE DESCRIPTION FOR THAT PORTION OF LOT ?R STTUATED IN ZONLVG -`AG ALL of that certain tract or parcel of land situated in the ~~'. E. CROOKS SURti'EY, ABSTRACT NO. ?95 and the R B. R'ILLIA'.vIS SURVEY, ABSTRACT NO. 1674. Tarrant County, Texas and being Lor '?R. Block 1, BRIAR CREEK ESTATES, an Addition to the City of Colley~-ille. Tarrant County. Texas as recorded in Cabinet A. Slide 1718 of the Plat Records, Tarrant Co~urty. Texas and being more particularly described by metes and bounds as follows: BEGL~tNING at a 1?~ inch steel rod found for the southeast corner of said Loi ?R being the southwest corner of Lot 1R of said Black 1. also being in the apparent northerly right-of-~c~ay line of Jolui '41eCaui Road (a ~•ariable width right-of-«~ay-): THENCE North $9 degrees 55 minutes 17 seconds West ~s~ith said northerly right-of-~~-ay tine, i~6.$6 feet to a 1:'2 inch capped steel rad stamped "MOAK SURV INC'-set for the southwest corner of proposed Loi ?R?; THENCE Forth 00 degrees 04 minutes 43 seconds East departing said right-of-way and kith the ~s•esteriy boundary line of said Lat '?R?, 60.00 feet to a 1:`? uich capped steel rad stamped ` .'~iOAK SLRZ~' NC" set: THENCE North 5'? degrees 0~ minutes 00 seconds East continuing with said westerly boundary line:. 160.03 feet to a l.'? inch capped steel rod stamped "MOAK SURV INC`~ set; THENCE North O1 degrees 59 minutes ?4 seconds V6'est contimiuig with said tivesterly boundary line, 87.47 feet to a 1 ~`? inch capped steel rod stamped ":YIOAK SLTRV NC" set: THENCE North 03 degrees 33 nunutes ?4 seconds Nest continuing with said ~s=esterly boundan• line. 6?.64 feet to a 1:'? inch capped steel rod stamped "MOAK SURF L'~TC'- set; THENCE Forth 03 degrees 15 nunutes 04 seconds East continuuig tis~ith said ~sresterly boundar}- line. ? 10.90 feet to a 1:''? inch steel rod found for the northeast confer of said proposed Lot ?Rl ; THENCE South 03 degrees 33 minutes ?~ seconds East. at X90.41 feet passing a 1:'? inch capped steel rod stamped "MOAK SURF INC~- found for the northwest corner of said Lot 1R and contimung rs-ith the westerly- boundary line of said Lot 1R in all ?7?.40 feet to a U_' inch capped steel rod stamped "1,'IOAK SL1~~' INC" fowid; THENCE South O1 degrees 59 minutes ?4 seconds East continuing tt~ith said westerly boundary line, ?47.33 feet to the place of beginning and containing 0.645 acres of laud, ('?4.588 sq. ft.) mare or less. i.i11' ~y ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 T~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1734 File Number: 0-09-1734 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 10/20/2009 Agenda No.: 6b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of amendments to Chapter 2-Definitions and Chapter 5-Tree Preservation of the Land Development Code Attachments: Area City Comparison of Tree Preservation Requirements Proposed Changes to Chapter 2 - Definitions Proposed Changes to Chapter 5 -Tree Preservation Findings and Recommendations for Colleyville Tree Preservation Ordinance 0-09-1734 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/20/2009 City Council Title Approval of amendments to Chapter 2-Definitions and Chapter 5-Tree Preservation of the Land Development Code Explanation First Reading and Public Hearing On June 23, 2008, the City of Colleyville hired Burditt Consultants, LLC to undertake a review of Chapter 5 -Tree Preservation in the Land Development Code. As part of the review process, the City conducted a joint City Council and Planning and Zoning Commission worksession on May 21, 2009, in order to review the final recommendations of the study, which were based, in part, on the input received at a September 4, 2008 worksession. Staff was directed at the May 21, 2009 meeting to produce draft amendments to Chapter 5 based on the study recommendations. The proposed amendments were presented to the City Council at the August 18, 2009 Pre Council meeting. Staff has drafted the final proposed amendments in the attached ordinance for City Council consideration. The ordinance amendments include amending tree related definitions in Chapter 2-Definitions in the Land Development Code as well as amending Chapter 5-Tree City of Colleyville Page 1 Printed on 10/16/2009 Agenda Briefing Continued (0-09-1734) Preservation in the Land Development Code in its entirety. The proposed amendments are based on the recommendations of Burditt Consultants, LLC, residents, staff, Planning and Zoning Commission and City Council. Significant amendments to Chapter 5-Tree Preservation include the following: • Changing the minimum existing tree preservation requirement from three (3) inches in diameter to six (6) inches in diameter. • Changing the mitigation fee for removal of protected trees from $100.00 per caliper inch to $250.00 per caliper inch. • Requiring a minimum tree preservation requirement for properties upon development and encouraging flexibility for builders and developers to preserve existing protected species. • Adding a definition for "Heritage Trees" (trees whose diameter is 50% or more of its representative species on the Texas Big Tree Registry) and adding more stringent preservation and mitigation requirements for "heritage trees" (double the mitigation requirements for standard protected trees). • Requiring more detailed plan submittals including a tree preservation plan requirement for new development. At the administrative level, staff also proposes requiring third party tree reviews and inspections for large scale residential and commercial developments to be paid by the builder and/or developer. This will ensure sound compliance with the proposed new tree regulations while not incurring any additional budget liabilities for additional City staff such as an arborist or tree specialist. Financial Impact It has been determined that the increased tree mitigation fees proposed as part of the ordinance amendments may result in larger deposits into the City's tree preservation fund upon increases in City development activity. Recommendation Approval City of Colleyville Page 2 Printed on 10/13/2009 N ~yO ^~ L O V T V L a /~ V L O O ^ ~~ w~w+ ^W W L a w~I W `L r a m o ~ m i, a, ~, ~= ~ y a a i, ~ c o ~ E t o ~°; g Q a `O c vs ~ M m a ~ ~ ~e y ~' h ~ ~ c m 3 m a N a o = = c o ~ t o o , . ~ M es C cti t+9 ~ l`] 9c M N N T O ZT~i y O l0 C u~i ~ N - N a~i U a a-6i C N s a~ C~ o O 4 T >. N d O" N O l0 E T C m E N M .f0 ~ to C m J O U ~ v F N ~ ~, c ~ ~ = a m e ~ c p N L T a C ' N p ` ~- T >. N N N~ a U T G ~ E N C M~ H d N `oa r U OD N ~ `c m `~ T C ' c Z m C c o ~ T a ~~ ~~ °o T a i T N l0 N fl + ~"~ C C E N ~p M 1A LL ~ O T O ~ a U ~ c ~ C h d ~ O ~ N T N T ~ C~~ ~ l0 ~ G. O U T d T U C ~ ~ C ~ ch O N ' N ~ _ O V f9 U E ~ C ~ N N ° L r O ° ~, ~, ~ ~ U T c ~ M u 9 ~ E M N u ~ i9 U N N T ~ N~ C ~ O O N L O ~ ~ O >. ~+ N ~ O. f0 D. ~ C C M EA L U In f9 N m ~ U M 'p ~ ~ N N T C ~~ C .U C = U~ _ y_ T T ~ N R N a O ~ O C C O ~ M N O M ~ N ~ ,. U ~ '6 ~ C c T ° ~ U ~ N N ~ E Q 1. . a T T , Q~ ~ `i Q N U C C f9 "6 N fA G .. P °' ~ m v "' M c c ~ o d d ~ m a~i Z Z ~ ~ a"i m v .°n `° °o Y T T y N a ~ ~ O O Q- T C f0 ~ L U C M ~ m Y 3 O ~ ~ .~ ~ h d o N N E T T y 0. r U T C ~ ~ H N U U U O C M ~ ~ N ° ~ ~ G ~ ~ ~ ~ ~ ~ ~...: t ~ ~ ~ ~~ a ° os~ ~ ~ o~ ~ ~Zc ~ ~ am ~'c ~, h a ~ ~ , y ~ ~ --O d ~ ~ a a ? ~a~ g ~~ ~ ~~ 5~ Proposed Changes to Tree Related Definitions Chapter 2 -Definitions, Land Development Code Critical Root Zone. -ttiC~e~FFea-W+ '^ +h~rlrir, I~~f,~}~,.c }~ye An .+ r~r~±n+in•±I ~a~ter, !1-Ft~o~~e-aF~P'-~9--(~1.~w^r~-STy1'-si2C-~9rf-L~F{.r~TCO Ar~r~rnvim.++^I~~ pp~~ef+r~h°c~ee'S + rr,.~ ~.. +he cvp~rrecT~~°c°c~v{iii'r° ~v'~rr~-ar~iv #~ie-tr~~-f$u~{4~-i r~sh~ „f + e~$i I . ,,, i,.^ ~ ~„ , r,,,,~-sit T ^{,-~,--~r +~r~e~ea~-as m~ ~nh ~a +~~,n +n +hr^c +irv~oe~ +ho rlic+~r~nc frnm +hc +r~ ~r,L +n +ho rlrir~ lint. The area of undisturbed natural soil around a tree defined by a concentric circle with a radius in feet eaual to the number of inches of trunk diameter. The Critical Root Zone is used by plan reviewers to determine compliance with design standards and construction specifications. and is considered the minimum portion of a tree's extensive root system that must be protected during construction. Applicable to tree preservation. Tree (Heritage). Any existing tree listed as an approved replacement tree in Chapter 5 and whose diameter is at least 50% of the diameter of its representative species on the most recent version of the Big Tree Registry, as published by the Texas Forest Service. Tree (Protected). Aself-supporting woody perennial plant which has attained a trunk diameter of }hr six 6 inches or more when measured at a point four and one-half (4'/2) feet above the surrounding grade and normally having an overall height of at least fifteen (15) feet at maturity, usually with a single elongated main stem with few or no branches on its lower part. Tree species that do no meet this definition include: Mesauite, Hackberry and Chinese Tallow. Proposed Amendments to Chapter 5 -Tree Preservation Colleyville Land Development Code Additions are underlined and deletions are ~tr+lc~~ Chapter 5 Tree Preservation (10/13/2009) The intent of this Chapter is to encourage site planning which furthers the preservation of trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long term viability of existing trees; and to control the removal of trees when necessary. It is the further intent of this Chapter to achieve the following broader objectives: Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of the City. Protect and increase the value of residential and commercial properties within the City. Prohibit the indiscriminate clear cutting of property. The regulations contained in this Chapter have been adopted under the authority of Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of Colleyville, which authorizes 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 development as required by this Land Development Code may request a variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code. Definitions applicable to this Chapter may be found in Chapter 2 - Detinitions of this Land Development Code. No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined. Deletions are Page 1 of 14 through damaging the roots, trunk or canopy, any tree situated on property regulated by this Chapter without first obtaining a tree removal permit, unless otherwise exempted by the provisions of this Chapter. The terms and provisions of this Chapter shall apply to real properties, persons and trees as follows: A. Properties which are regulated by this Chapter: 1. Any real property upon which any protected ~'°°~Q tree is located. 2. Any property for which a final plat has not been submitted on the date of this Chapter. 3. Any property for which construction plans have not been submitted on the effective date of this Chapter. 4. All municipal /public domain property. Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined. Deletions are =*ri4elL~rr...irh Page 2 of 14 The Administrative Official is responsible for the review and approval or disapproval of all requests for tree removal permits. The request shall be submitted in accordance with the requirements specified herein. A. Tree Removal Permit: A request for a tree removal permit must be submitted and approved prior to the removal of any tree. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a tree removal permit has been issued. B. Fees: All tree removal permits shall be accompanied by a check made payable to the City of Colleyville in the amount established by the schedule of fees approved by the City Council. C. An application involving a limited portion of a site may be based on an exhibit showing only that portion of the site. D. Aerial photographs interpretation may supplant the ground survey for preliminary analyses of large scale developments, such as subdivisions, utility corridors and golf courses, at the discretion of the Administrative Official. E. Any tree removal permit request that requires the removal of a protected tree shall be accompanied by a tree preservation plan. €F.The items required on a tree preservation plan shall include but not be necessarily limited to: Title Block: includes street address; legal description (lot and block, subdivision name); date or revised date, north arrow; graphic (and written) scale; name, address, telephone number of owner and of person preparing the exhibit. 2. Location of all existing or proposed structures, improvements and site uses including pavement and landscaping, setback, easements and service connections, all properly dimensioned and referenced to property lines, 3. Existing and proposed site elevations, grades and major contours. Construction details of permanent grade changes around all trees. 4. Location of trunks and canopies of all existing trees, graphically differentiating between the trees to remain and those to be removed. A plus (+) character shall indicate trunk location and concentric circle shall indicate the size and canopy configuration. Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are s~~h Page 3 of 14 5. Proposed general areas or locations of the replacement trees. 6. Locations of all critical root zones as defined in Chapter 2 -Definitions. €~G.Tree information required shall be summarized in tabular form on the preservation plan (see example below) and shall include: 1. The list of trees to be removed. 2. The total diameter of trees to be removed. 3. Replacement trees listed by species name, quantity, size and total diameter required for replacement of trees. (See Section 5.13 for replacement tree list.) Exam le of Tree Surve and Miti ation Table to Be Insert ed on Preservation Plan Number Number of Tree Number Total of Caliper Inches Non- Caliper Inches Non- Replacement Trees to be Species of Trees Si Caliper I h Exempt T Exempt to be Exempt T Exempt to Planted on te nc es rees Removed rees be Removed f3" Caliper) Removed Removed Red Oak 12 108 3 42 1 12 4 Post Oak 35 350 18 168 2 24 8 Cedar 10 89 1 12 0 0 0 Pecan 5 75 0 0 5 75 25 TOTAL 62 622 22 222 8 111 37 ~H.Tree protection notes and details shall be included on site plans, subdivision plans or landscape plans and always included with the bid documents given to the contractor. (See Section 5.-1-412) nip++o.~ i„+~ ~.,a a~+,,.,,,~.,o +ho f„u.,..,;.,,,• Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are Page 4 of 14 ~I. Appeals: Any decision made by the Administrative Official with regard to a request for a tree removal permit may be appealed by any party to the Planning and Zoning Commission. All actions of the Commission shall be final. €.J.Permit Validity: Permits for tree removal issued in connection with a building permit, subdivision plan and site plan shall be valid for the period of that building permit's or site plan's validity. Permits for tree removal not issued in connection with a building permit, subdivision or a site plan shall become void ninety (90) days after the issue date on the permit. TREE PRESERVATION PERMITTING PROCESS Platting of Subdvis~on xnthout ~ Platting of Sutxiivision with Action Proposed Construction ~ Proposed Construction Application for Tree Removal, of Proposed Public Streets of Proposed Public Streets Bwlding, a Grading Permit U66ties, or Other Infrastructure ~ tJtitities, or Other In/restructure PrNlm{n•ry Plfe PrNimin•ry elate Reele•ntlal Saneniefan: ApWies To final Plats FnN Plats Plmad ResWentlel Lors Mtlar Pleb I Minor PINS PlNted Cortmercal Lots Tre• 8wvey or Aenal 1 Required Plan PhotobMindngGenNai - TrasP,as,rvatlonPlan TraoProsarvatlonPtan Tree Corarapa Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are stxil~#- Page 5 of 14 ~nl^YF~~.-.^ n... ^'.+'..^,r .^.f .^.::'^~.~ i^..^v• ~^.f ~oroi. +F. h'L~'+ > > r avement ar3d~~ssa;m,g-setbasl~, easements-~^,~se,~;~-sennesti~s, all °c ......., ., p..,... ~..~..,. ...^~.. u., ., ~.. .y..,.~ ~... vaar 6ctwcnn th~trcc°-°~ t^v ra,;,ain-and these to be remeved. A~vS-~y~-vr~raravt~r-Shyrl 6~ARfi~lFat1A}}; ~- r ..,. 1. The~ist~ees-~o-#e-~e~eued- ~. The tetal diar~e~ter-ef trees-~e-rered- •: A. Minimum Existing Tree Preservation Requirements: When any new construction occurs there shall be a minimum number of trees protected on the property. For new residential subdivisions, the entire boundary of the subdivision shall be considered as one property Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined. Deletions are s#rilceti3xa~h Page 6 of 14 for the purpose of this section. The chart below shall be used to determine the minimum protection requirements: Existing Tree Coveraoe Preservation Reauirements~ Percentage of existing protected tree coverage Minimum percentage of the existing protected tree coverage to be preserved 0% - 20% 70% 20.1 - 40% 60% 40.1 % - 60% 50% 60.1 % - 80% 40% 80.1 % - 100% 30% Protected trees located within anv of the exempted areas specified in section C below may be credited toward the minimum existing preservation coverage requirements in the above table such that no more than 50% of the existing protected trees may be credited within an exempt area. NOTE: The minimum preservation coverage requirements listed above may not be mitigated for as described in Section 5.10. B. Preservation of Heritage Trees: Heritage Trees, as defined in Chapter 2 -Definitions ma_y not be classified as exempted trees, regardless of whether or not they are located in an exempted area as defined in the sections below. C. Exempted Areas, Persons and Tree Species from preservation requirements: 1. New Residential Subdivisions with Street Dedications: Except where noted above the following areas shall be exempt from the tree preservation requirements of this chapter: a. Rights-of-way of newly dedicated streets b. Easements c. Residential setback envelope d. NOTE: __When submitting a new residential subdivision plat. the Plannino and Zoning Commission may evaluate whether an alternate street lavout and grading plan which complies with all City subdivision standards would result in substantially greater tree preservation. In the event such an alternate lavout is determined by the Commission to be a reasonable use of the land then the applicant may substitute said alternative plan without being required to submit a new Preliminary Plat application. If, however, the applicant does not substitute said alternate lavout or another acceptable plat to the Commission. failure of the applicant to do so shall be a basis for denial of the applicant's application. 2. Platted Residential Lots: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Residential setback envelope 3. Platted Commercial Lots: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Trees located within the new commercial building footprint. 4. Exempted Tree Species: The following tree species shall be exempt from the tree preservation requirements of this chapter: Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are s#il~ethreugh Page 7 of 14 a. Mesquite b. Hackberry c. Chinese Tallow 5. Exempted Persons: The following persons are exempt from the provisions of this Chapter only to the extent of their control over the particular class of properties and trees described below. Persons exempt from the provisions shall not be required to obtain tree removal permits. a. An employee of the City of Colleyville, a public utility or an authorized contractor working in a dedicated public right-of way may in the course of business, remove or prune that portion of a tree which prohibits the safe construction, repair or maintenance of a service line or facility. b. The resident of a single family home may remove all or a portion of a tree which exists on the lot of record on which the single family home is built. c. A property owner or his authorized contractor, employee or tenant may remove a tree which has become severely diseased or damaged to the extent that it is beyond the point of recovery or is in danger of falling, as determined by the Administrative Official. d. All landscape nurserymen shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the nursery premises which are planted and grown for the sale or intended sale to the general public. e. Any person may remove all or a portion of a tree which has disrupted a public utility service due to tornado, storm, flood, or other act of God, but only that portion of the tree which is necessary to safely restore normal utility service. f. The following persons shall be exempt from the tree replacement provisions of this Chapter. However, such persons shall provide tree protection and replacements as per this Chapter for all remaining trees in non-exempt areas. (1) A person performing work authorized by a building permit in the residential buildable area. (2) A person performing work authorized by an approved site plan in the commercial building footprint. (3) A person performing work authorized by the approved grading and drainage plan in the residential setback envelope. 4 An employee of the City of Colleyville, a public utility or a person performing work authorized by an approved subdivision plat or a separate dedication instrument in a dedicated public right-of-way. drainage or utility easement. Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are stril~hrsugh Page 8 of 14 Section 5.a-A9 Tree Protection A major purpose of this Chapter is to protect all trees which are not removed and to allow approved construction to occur. The following procedures shall apply to all types of construction projects which involve development around trees. The following procedures are deemed appropriate in the situations noted; however, unique circumstances may allow modifications if deemed necessary by the Administrative Official. A. Prohibited Activities: The following activities shall be prohibited with the limits of the drip line of any tree which is subject to the requirements of this Chapter. 1. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the drip line of any tree. 2. Equipment Cleaning /liquid disposal: No equipment may be cleaned or other liquids deposited within the limits of the dripline of a tree. This would include but not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. 3. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature shall be attached to any tree. 4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is allowed within the limits of the dripline of trees. B. Pre-Construction: The ensuing procedures shall be followed prior to construction. 1. Tree Flagging: All trees to be removed from the construction site shall be flagged with bright red vinyl tape wrapped around the main trunk at a height of four feet (4') or more such that the tape is visible to workers on foot or driving equipment. 2. Protective Fencing: All protected trees shall have protective fencing located at the tree's drip line. The protective fencing may be comprised of snow fencing, orange vinyl construction fencing, chain link fence or other similar fencing with afour-foot (4') approximate height. The protective fencing may be located within the drip line of the Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are c+riLo•hr,,..,rh Page 9 of 14 specimen tree for approved construction only. The fencing shall follow the delineation of the approved construction. 3. Bark Protection: in situations where a tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk with lumber encircled with wire or other means that does not damage the tree. 4. Construction Pruning: In a case where a low hanging limb may be broken during the course of construction, the obtrusive limb may be cut. The limb shall be cut either flush to the trunk on or at the next joint of the limb. The wound shall then be sealed with pruning paint. In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of the entire canopy without the Administrative Official's prior approval. C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that trees slated for preservation have some encroachment on their critical root zone, as defined in Chapter 2 -Definitions. The following is the minimum design criteria which is allowed within the critical root zone of a tree. Development exceeding the criteria would put the tree at risk and therefore no longer be considered a preserved tree. In such a case replacement trees shall also be required. Grade Changes: In the event that grade changes must be made around a tree or group of trees, the following shall be implemented in order to maintain oxygen and water exchange within the tree's critical root zone. A minimum of seventy-five percent (75%) of the critical root zone must be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a preserved tree. b. No cut or fill greater than two inches (2") shall be located closer to the tree trunk than one half (1/2) of the radius of the critical root zone radius distance. c. Increase Grade: Provide an aeration system just outside the tree's drip line. A dry well located a minimum of one-half (1/2) of the radius of the critical root zone. d. Decrease Grade: Provide retaining walls outside the dripline to mitigate cuts. 2. Boring of Utilities: May be permitted under protected trees in certain circumstances. The minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth of forty-eight inches (48"). 3. Trenching: irrigation systems shall be designed to avoid trenching across the critical root zone of any tree. 4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree may be covered with impervious paving. The pavement and the cut and fill for the pavement is to not exceed one-half (1/2) of the critical root zone radius distance. Section 5.~-a-10 Mitigation and Violations Any protected tree which is six inches (6") or greater that is removed destroyed or more than 50% damaged and does not meet the exemption provisions of this chapter shall be mitigated per the requirements of this section. In the event that the loss of a protected tree requires mitigation the party responsible for mitigation shall either replace the protected tree(s) by planting new trees, pay a mitigation fee or a combination of both For the purpose of this Chapter trees removed within any City right-of-way or other City owned property by anyone not exempted by Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined. Deletions are Page 10 of 14 Section_5_.8_(C)5 shall be mitigated per the requirements of this section and other applicable City ordinances. The mitigation authorized by this section is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated. A. Mitigation Through Planting New Replacement Trees: A sufficient number and diameter of replacement trees shall be planted in order to equal the total diameter inches or fraction thereof of trees six inches (6") or greater and slated for removal. 1. Replacement trees shall be a minimum of three inches (3") diameter when measured one foot (1') above the soil line and a minimum of eight feet (8') in height when IaP nted. Examples- a. A total of 18" diameter to be removed shall be replaced with 6 - 3" diameter trees. b. A total of 19" diameter to be removed shall be replaced with 7 - 3" trees or 5 - 3", trees and 1-4" tree. 2. All replacement trees shall be a species listed on the replacement tree list and guaranteed for one year from the date of the final inspection and acceptance of the rp oject• 3. The location of replacement trees is restricted from utility easements and rights-of- way. The location shall not be in an area such that the mature canopy of the tree will interfere with overhead utility lines. No trees shall be planted within ten feet (10') of a fire hydrant. 4. Replacement trees should be planted on the site from which existing trees are to be removed. If this is not feasible, an applicant may initiate a proposal to plant trees off- site. This may be approved if the planting site is no more than one-half mile from the site where the original trees were removed. 5. Replacement trees shall be planted prior to the issuance of the certificate of Occupancy or project release. Optimum planting times do not always correspond to project completion. For that reason, replacement tree plantings may take place after the project is released by the City; provided, that before project release, a fiscal security is posted in the amount equal to the prevailing rate for installed trees with a one (1) year guarantee, plus fifteen percent (15%~ to cover administrative cost. B. Mitigation Through Payment of Fee: A monetary fee of $250.00 per diameter inch of the tree(s) removed or damaged shall be assessed and paid to the City of Collevville. All mitigation fees shall be deposited into the City's Tree Preservation Fund. C. Mitigation of Heritage Trees: Heritage Trees, as defined in Chapter 2 -Definitions and noted in Section 5.8: 1. _A_monetary fee of $500.00 per diameter inch of the Heritage Tree removed or damaged shalt be assessed and paid to the City of Collevville and deposited into the City's Tree Preservation Fund. or; Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined. Deletions are c+ri4elhrr.~iivh Page 11 of 14 2. If replacement trees are to be planted, the total amount of replacement inches to be planted shall be in an amount that is twice the diameter inches of the Heritage Tree(s) removed and shall, otherwise, meet the requirements of Section A above. D. Colleyville Tree Preservation Fund: All mitigation fees shall be paid into the Colleyville Tree Preservation Fund. The fund shall be administered by the City Manager or his/her designee and shall only be used for the planting of new trees on City owned or leased properties, rights-of-way and other public properties such as public schools, county and State properties located within the Citv of Colleyville. E. Penalty for Violation: Andperson violating or failing to comply with any provision or requirement of this Chapter, including but not limited to the mitigation requirements of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount of $2,000.00. A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. o ,Section 5.11 Replacement Tree List Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are s~~~h Page 12 of 14 The following is the list of appropriate and approved replacement trees which have been selected on the basis of their suitability in the urban environment of North East Tarrant County. REPLACEMENT TREE LIST SCREENING TREES ORNAMENTAL TREES MEDIUM AND LARGE TREES PALMS ARBORVITAE BLUE POINT JUNIPER AMERICAN ELM CALIFORNIA FAN PALM BLUE POINT JUNIPER CAROLINA BUCKTHORN ARISTOCRAT PEAR MEXICAN FAN PALM CHINESE PHOTINIA CAROLINA CHERRY LAUREL ARIZONA CYPRESS NEEDLE PALM CAROLINA CHERRY LAUREL CREPE MYRTLE BALD CYPRESS SABAL PALM EAST PALATKA HOLLY DECIDUOUS HOLLY BOIS D' ARC WINDMILL PALM EASTERN RED CEDAR DESERT WILLOW BUR OAK LITTLE GEM MAGNOLIA EAST PALATKA HOLLY CEDAR ELM NELLIE R. STEVENS HOLLY FIG CHINESE PISTACHE SAVANNAH HOLLY ITALIAN CYPRESS CHINQUAPIN OAK WAX MYRTLE JAPANESE MAPLE DEODAR CEDAR YAUPON HOLLY LACEY OAK EASTERN RED CEDAR MEXICAN BUCKEYE EVE'S NECKLACE NELLIE R. STEVENS HOLLY FOREST PANSY REDBUD OKLAHOMA REDBUD GINKGO BILOBA SAVANNAH HOLLY LACEBARK ELM SUMAC LITTLE GEM MAGNOLIA TEXAS MOUNTAIN LAUREL LIVE OAK VITEX PECAN WAX MYRTLE PERSIMMON YAUPON HOLLY SHANTUNG MAPLE SHUMARD RED OAK SOUTHERN MAGNOLIA • ~ • • -• Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are s#il~h Page 13 of 14 The following notes shall be required as a part of all construction plans. 1. All trees shown on this plan to be preserved shall be protected during construction with temporary fencing. Tree protection fences shall be installed prior to the commencement of any site preparation work (clearing, grubbing or grading). 2. Fences shall completely surround the tree or clusters of trees. The fence shall be located at the outermost limits of the tree branches or dripline. The fence will be maintained throughout the construction project in order to prevent the following. A. Soil compaction in the critical root zone resulting from vehicular traffic or storage of equipment or materials. B. Critical root zone disturbances due to grade changes greater than two inches (2") cut or fill or boring which was not authorized by the City. C. Wounds to the trunk, limbs or exposed roots by mechanical equipment. D. Other activities detrimental to trees such as chemical storage, cement trunk cleaning, and fires. 3. In cases of area constraints where the protective fence is closer to the trunk than four feet (4'), the trunk must be protected with strapped-on planking to a height of eight feet (8') or to the limits of the lower branching. 4. All grading within critical root zones of protected trees shall be performed by hand or small equipment to minimize damage. Prior to grading, relocate the protective fencing to two feet (2') behind the grade change area. 5. Trees most heavily impacted by construction activities should be watered deeply once a week during periods of hot and dry weather. Tree crowns should be sprayed with water periodically to reduce dust accumulation on the leaves. 6. Trenching for landscape irrigation shall be located as far from the existing trunks as possible. 7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before construction begins. Reserved for listing of amendments to this Chapter. Ord. Number Date Sub'ect 0-00-1214 4-18-00 Ado lion of Tree Preservation in Land Develo ment Code 0-09-xxxx 11-3-09 Amendments to Chapter 5 based on recommendations of consultant Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are csriLefhr~~~nh Page 14 of 14 ~ ~~~ ~~~ L.L. L.L T' T'I~ C~tY o,~ ;, :,; To~sB SUBMITTED TO: Mr. Ron Ruthven, AIGP Director of Community Development City of Golleyvilie, Texas Submitted By: /SURDITT cons«~4nts, ~Lc P. O. Box 1424 Conroe, Texas 77305 October 3, 2008 dbv ~~.. October 3, 2008 Mr. Ron Ruthven, AICP Director of Community Development City of Colleyville, TX 100 Main Street Colleyville, Texas 76034 . ~ r ~;~~iT .'ti~~ T+~ . ;C_E RE: Findings and Recommendations -Tree Preservation Code Revisions Dear Mr. Ruthven: We have completed our review of the tree preservation components of the City of Colleyville's Land Development Code. The attached Findings and Recommendations Report details the goals and intentions derived from interviews with City staff and input gathered from the public participation session, as well as our observations from code review. Implementing the recommendations herein should significantly increase tree preservation during development while maintaining a clear, easy to understand permitting process. Please review the attached report and feel free to comment with any questions or concerns you may have. We look forward to your response and are ready to present the findings to the Planning & Zoning/City Council group work session when your team is ready. Sincerely, 5G^-~ Paul S. Howard Project Manager /psh Attachment Findings and Recommendations '~ '''; ~ ' ~~ ~" ~ Page 2 of 17 Pages Colleyville Tree Preservation ~ ~~ k~ ~°"'~ '~ ~ ~ October 3, 2008 Burditt Consultants, LLC ~~ , ,?~ R ;~ da w ~• Executive Summary The current Land Development Code; Chapter 5 -Tree Preservation has both strengths and weaknesses in its provisions for tree preservation during development, and the City has identified the need to revise the current code to achieve higher levels of tree preservation and quality development. In order to meet this goal, the City hired a consultant to review the code, and collect input from City staff, concerned citizens, and members of the development community and make recommendations for revisions. Analysis of input gathered from interviews with the City staff and public participation session have yielded some guiding goals for the code revision process. These goals represent the core issues Colleyvilfe faces with regards to tree preservation. 1. The Code should require some minimum level of tree preservation requirements to eliminate clearcutting of land during development. 2. The Code should clearly define the permitting process and submittal requirements. 3. The Code and overall urban forestry program should provide for increased enforcement of the tree preservation requirements after permit approval. 4. The Code should provide higher standards for tree preservation planning, plan implementation, and replacement planting. 5. The Code should seek a balance between tree preservation and economic development within the City. With these goals in mind, following are some of the key changes recommended for the Code and overall urban forestry program: 1. Focus on preservation of trees 6" in diameter or greater. 2. Employ a minimum preservation requirement of 50% of the trees within non-exempt areas. 3. Create and fund a permanent position on City staff for an Urban Forester to administer the Code and further develop the urban forestry program. 4. Provide for the preservation of large trees by requiring replacement at a higher ratio. Findin sand Recommendations 't "~ ' ~ ~ ,~ g >~ ,~ `~P Page 3 of 17 Pages Colleyville Tree Preservation '~-'~ ~ ~ ~E ~ .,r ~ October 3, 2008 Burditt Consultants, LLC ~ ~, ~ ~ ~ ~"' _ `+ ~ ~?; C~~1 V H~~ 5. Eliminate undesirable species from the tree preservation requirements. 6. Increase mitigation fees and fines for violation of the Code. Develop separate definitions for these fiduciary mechanisms. 7. Strengthen tree removal permitting through required Tree Preservation Plan. 8. Clarified tree removal permitting process. 9. Definition of the Colleyville Tree Fund, its administration, and approved tree fund expenditures. 10. Improved Replacement Tree List to encourage species diversity. 11.Inclusion of tree preservation treatment specifications within a separate criteria manual maintained by the City. The following are the collective observations from analysis of the staff interviews, the public participation session, and review of the current code and permitting process within the Land Development Code. [This Space is Intentionally Left Blank] Findings and Recommendations '~ ';~~ ~ '~ Page 4 of 17 Pages Colleyville Tree Preservation ~ ~~~ ~F y'" October 3, 2008 Burditt Consultants, LLC ~ ,'~ , ~ ~ . ~ ~ ~ rr.. cra.r gUK~~TT ~.OI~I~,LI~~c~E~~~;; I_L~, ~»,~ Staff Participation When evaluating a tree preservation ordinance, it is important to solicit input from City staff, as they usually have a more intimate knowledge of policies and processes and a unique perspective on the daily issues regarding tree preservation. In order to understand the how City staff interact with these issues, select staff members from a range of departments were interviewed in a group meeting. The following are the most significant concerns of City staff regarding tree preservation: Enforcement of the Code is ineffective. This is largely due to insufficient staffing to address the inspection of properties. Oftentimes the Tree Protection Plan submitted for permitting is not implemented properly in the field. This suggests the need to add a dedicated staff member to the planning team to administer the Code. 2. The Code needs a minimum tree preservation threshold. The current code allows for the removal of 100% of the trees on site through mitigation payments into the Tree Fund. 3. The current tree preservation permitting process is vague and needs to be clarified. Specifically, it is difficult to determine when the tree preservation planning process should begin. 4. The current code requires protection or mitigation of all trees 3" or larger in diameter that are within applicable areas of the property. It may be prudent to consider what size trees are protected in other cities. 5. Larger trees are difficult, if not impossible to replace. Larger trees should have a higher preservation requirement or some incentive for their preservation. 6. The current fees for mitigation are set at $100 per diameter inch removed. This value should be increased to the level of current tree replacement costs in the industry. Additionally, this value is not seen as a deterrent to tree removal by the development community. Findings and Recommendations ~ " ' ~ ~ ~ Page 5 of 17 Pages Colleyville Tree Preservation '~ -'~. ~. ~ `, ~~ ~?F~' j~,'„'~ October 3, 2008 Burditt Consultants, LLC ~~.,~ ,~ ~, dtr v i3URD1"f "I C: ~.;I~~r~t~ I_I_~..; - .;, ,. _ _ J \,k Li ~ ~ " t t=i~l s.._ Public Participation A primary catalyst to the City's decision to consider revising the current tree preservation code has been the significant concern among citizens that current policies are not adequately preserving trees during development. In order to have a balanced understanding of these concerns, stakeholders from the community were invited to participate in a workshop to discuss their concerns. Participants included members of the development community, City Council, homeowner's associations, and the general citizenry. The forum for this workshop was an open discussion of the strengths and weaknesses they have experienced with the current code. The following are the most significant points of discussion: 1. More enforcement is needed. The tree protection treatments are not adequately being implemented and/or maintained after permit approval. 2. There is no minimum tree preservation requirement; therefore a property can be clearcut. This has the most visual impact on a development. 3. Mitigation fees are inadequate, as they do not deter the clearcutting of land. 4. Code needs to clearly define when tree removal permitting is triggered. 5. The City needs a dedicated enforcement officer to administer the tree preservation components of the Code. This person should be an urban forester, landscape architect, horticulturalist, or other qualified professional. 6. Some species are considered undesirable and should not be protected by the Code. Species may include: Mesquite, Cottonwood, Hackberry, & Chinese Tallow. 7. Larger trees should be protected at a higher rate. These trees are not easily replaced. Incentives should be available to encourage their preservation. 8. The City of Colleyville should lead by example and adhere to the same tree preservation requirements as private development. Findings and Recommendations '~ " ~ '; i `~ Page 6 of 17 Pages Colleyville Tree Preservation ~~~ ~; ' a ... ~ ~ti ~.~ ~ October 3, 2008 Burditt Consultants, LLC „, ~ ; ?i ~„~ °"~` f3URDl"i°T~ (a t,l';~~~IT~n?s [_IvC; Findings and Recommendations The City of Colleyville's Land Development Code was reviewed extensively to identify ways to enhance preservation of trees during development. The primary focus during the review process was on Chapter 5 -Tree Preservation, however many other chapters were evaluated to ensure that forthcoming recommendations would not conflict with other components of the Code. The following are our findings and recommendations as a result of review of stakeholder input and the current code: Finding: The current code requires accounting for all trees 3" and larger in diameter within the applicable areas the property. Most cities usually require preservation of trees that are more difficult to replace such as 6" or 8" and larger in diameter. Trees less than 6" are generally easily replaced at a cost that is often less than the cost of implementing tree protection treatments. The plan review process for tree preservation, and site inspections for compliance, can be cumbersome when dealing with large numbers of small trees less than 6" in diameter. Increasing the requirement to 6" will reduce plan review and inspection time substantially for City staff. Recommendation: Focus preservation efforts on trees 6" and larger in diameter. Additionally, this will reduce costs to developers and likely encourage more tree preservation. Sections of the code where this must be adjusted include: Section 5.9, 5.9.A, & Chapter 2 -Definitions ~TreeJ. 2. Finding: In addition to adjusting the tree preservation requirement to that of trees 6" and larger in diameter, the applicable trees should be formally regarded as "Protected Trees". Sections 5.6.A.1 and 5.10.6.2, 5.12.6, & 5.14.4 refer to applicable trees as "designated trees" and "specimen trees" respectively. These sections should be adjusted to reflect the "Protected Tree" definition. Additionally, the definition for Tree in Chapter 2 - Definitions should be adjusted to define "Protected Tree". Recommendation: Revise the definition Tree within Chapter 2 Definitions to define a "Protected Tree" (see Finding and Recommendation #6 below). 3. Finding: The current code has no minimum requirement for tree preservation during development. This is the most significant weakness of the current code. Such a threshold will provide for increased tree preservation while still offering design flexibility. Additional flexibility may be achieved by offering credit for preservation of trees within the buildable areas of the property. For most cities, the figure chosen as the minimum Findings and Recommendations ' ", ~ ~ ' ' ~ ~`~ Page 7 of 17 Pages Colleyville Tree Preservation ~~ ~. ~Or' ''-TAY "~'• October 3, 2008 Burditt Consultants, LLC ~,~~~ ti '' 4 ~ ~ G w ~+sar BURDIT"l' C~~:~r~~ :~it~nts LI_~ percentage for tree preservation is arbitrary, but must be reasonable given the allowable land use. As the Code only requires preservation of trees within non-buildable areas, as much as 50% could be preserved without unfairly penalizing developers. Recommendation: Establish a minimum tree preservation requirement. This value should be stated as a percentage of total diameter inches within the applicable areas of the property. The new tree preservation requirement should be inserted into a newly created section of Chapter 5 - Tree Preservation titled Section 5.x Tree Preservation Requirements. 4. Finding: Enforcement of the Code has been reported by City staff and the public as being inadequate due to lack of available personnel. Discussions with City staff indicate that there is a great need to have a dedicated professional to administer the tree preservation code on a daily basis. Ideally, this person should be a degreed professional with at least 4 years experience in the field of Urban Forestry, Landscape Architecture, Horticulture, or Landscape Administration. The position should given the authority to administer the code an make decisions at a staff level when conflicts arise to fulfill the intent of the code to the best available end. Recommendation: Create and fund a permanent position within the Community Development Department for a City Urban Forester. This person will be responsible for the day-to-day administration of the tree preservation components of the code. The successful applicant should have experience in plan review, working with tree preservation ordinances, and tree preservation techniques. The following is a list of foreseeable duties the position will entail: • Participate in the development and implementation of policies and procedures; make recommendations for changes and improvements to existing standards and procedures; recommend and assist in the implementation of goals and objectives. • Respond to questions and inquiries from the general public regarding the planting and maintenance of City trees and shrubs; educates the public on City codes and regulations governing the protection of trees and investigate violations of City codes; investigate and prepare responses to citizen complaints, suggestions, and requests. • Provide advice regarding City planning issues and the possible effect on trees and surrounding vegetation; make recommendations for appropriate plant and landscaping as required; confer with contractors and developers performing construction or maintenance work near City Findings and Recommendations °7 " 'a r` ~ ~ Page 8 of 17 Pages Colleyville Tree Preservation '°''~ '~'~ ~ - ,, ~ ~ ;~, October 3, 2008 Burditt Consultants, LLC ~ f~ . , ~ "" ~. ` `* ~,,,, tlv v BURDITT ~a~~st.rltartts ~_LC trees and tree roots; explain City codes and regulations and department standards and procedures. • Participate in the preparation and administration of the assigned program budget; submit budget recommendations; monitor expenditures. Plan, coordinate, and manage tree related programs such as Arbor Day, Tree City USA, Christmas Tree Recycling Program, and tree planting programs; coordinate efforts of volunteers, business groups, school groups, city staff, and staff from other government entities to ensure tree programs' success. • Represent the Community Development Department on advisory boards, professional organizations, and committees; make presentations concerning tree related programs to elected officials, civic organizations, home owners associations and the general public; stay abreast of new trends and innovations in the field of urban forestry. 5. Finding: Public and staff input suggest the need to preserve larger, older trees at a higher rate. These trees are difficult, if not impossible, to replace in the landscape. Many cities classify trees that are above a certain species and size as "heritage trees" or "specimen trees" (i.e. all trees of x,y,z species that are 18" or larger in diameter). These trees are often required to be preserved or replaced with a higher number of diameter inches (i.e. 1" specimen tree diameter = 2" replacement tree diameter). Other cities use the Texas Forest Service's Big Tree Registry as a guideline for identifying specimen or heritage trees. In these ordinances, a tree that is at least 50% of the diameter of its representative species on the Big Tree Registry must be preserved or replaced at a significantly higher ratio. The Big Tree Registry is a list of the largest recorded trees of each species in Texas. A copy of this document is attached for reference. Recommendation: Identify the most desirable approach to increasing the preservation requirements for specimen/heritage trees. If using a species and size approach, decide upon a diameter threshold that will determine a tree's classification. The City's current code has an acceptable table of tree species that could be used with this method. This new tree classification will require a definition to be added to Chapter 2 - Definitions within the Land Development Code. Additionally, Section 5.9 Tree Replacement Requirements should include a statement indicating the increased replacement ratio for "Specimen/Heritage Trees" (i.e. If a Specimen Tree must be removed from anon-exempt area, replacement trees must be planted at a ratio of 2:1). Findings and Recommendations '": ~~ '; ,~ `~ Page 9 of 17 Pages Colleyville Tree Preservation `~'~ ~ - '. ~~~`.,~ "~ October 3, 2008 Burditt Consultants, LLC '~, a :;, ~ daw ~. BURDITT ~vl"~~~~'It~a;1t:~ ~~G ..i~ .t~ - ~ c ~;~Tr ~ ~ ,~<~ ~, ~~,-~. 6. Finding: Stakeholders have described some tree species as being "trash trees" that are not desirable in the landscape. Many cities make a clear distinction between undesirable and desirable species within their code; and either have reduced preservation requirements or no preservation requirements. Suggested species that are considered undesirable include: Mesquite, Bois D' Arc, Cottonwood, Chinese Tallow, Hackberry, and Locust. Arguments in favor of continued preservation requirements for these species cite the environmental and shade benefits of all tree species. Proponents for their exemption cite that a developer should not be required to preserve a tree species that he/she is not allowed to plant in accordance with the approved Replacement Tree List. Recommendation: Consider the following species as "exempt" from the tree preservation code: Mesquite, Cottonwood, Bois D' Arc, Chinese Tallow, Hackberry, and Locust. This exemption would be made by revising the recommended "Protected Tree" definition in Chapter 2 Definitions to reflect this (i.e. Protected Tree - Aself-supporting woody perennial plant, not of the species: Mesquite, Bois D' Arc, Hackberry, Cottonwood, Chinese Tallow or Locust, which has attained a trunk diameter of six (6) inches or more when measured at a point four and one- half (4%) feet above the surrounding grade and normally having an overall height of at least fifteen (15) feet at maturity, usually with a single elongated main stem with few or no branches on its lower part.). 7. Finding: When addressing platted residential lots, the current definition for "Buildable Area" describes an area between the front setback and the rear property line and the area underneath the driveway. This leaves no protection for trees in the backyard areas. Given the constraints with many small residential lots, there may not be an opportunity for requiring preservation of trees outside this envelope. An alternative to establish requirements would be to offer credit for preservation of existing trees within the buildable areas. Such credit could be applied towards tree preservation and replacement requirements within the non-exempt areas. This would effectively allow adeveloper/builder to "trade" a protected tree in anon-exempt area for a equivalent tree or number of trees within the buildable area. This credit may reduce loss of additional trees and allow for some flexibility in design. Recommendation: Offer credit towards minimum tree preservation requirements and replacement requirements for preservation of trees within the exempted buildable area. This would be added as a 3rd item within Section 5.7.B of the code. Findings and Recommendations '~ ~ ';.~~ '`~ Page 10 of 17 Pages Colleyville Tree Preservation ~~ _ ~}~.~.,~ ~~ October 3, 2008 Burditt Consultants, LLC ~ , ?~' ~:;_~,, „ ,~ ~,;,. tlb of ~. c3urzr~rrT L+Vii~r~i?C"~i~t;7 ~~~. ~JF1~~ - , u,t,-~~, 8. Finding: Mitigation fees are not explicitly defined within the code. It appears that the current practice is to levy fees according to the defined civil penalties within Section 5.12 Violations. This effectively charges allowable mitigation through payment as if it were a misdemeanor. Additionally, there is not a clear statement indicating that such fees are paid into a dedicated Tree Fund. It would be prudent to make a clear statement of where such funds will be placed. Recommendation: Establish a new section within the code title Mitigation for description of mitigation options when replacement planting is not feasible. This section should include a description of the mitigation fees and the payment of these fees into a dedicated Tree Fund. 9. Finding: Mitigation fees should be increased to level that adequately reflects the cost of replacement trees per diameter inch. Current industry standards, and the most common value for mitigation fees in other cities, are approximately $250.00 per diameter inch. With this increase in fees, there should also be an increase in fines for violation of the code per Section 5.12 Violations. Fines should be set at a rate that is higher than the mitigation fees. Recommendation: Increase mitigation fees to $250.00 per diameter inch to reflect current cost of tree replacement per diameter inch. This fee should be described in the newly created Section 5.x Mitigation as described in recommendation #7. Increase fines for violation of provisions within Chapter 5 as described in Section 5.12 Violations. Texas Local Government Code Ch. 54 states a maximum penalty of $500 per offense for violation of a rule, ordinance, or police regulation. However, with a unified development code, violation of any component of the Land Development Code might be considered in violation of "zoning" and thereby have a maximum penalty of $2,000. This matter should be addressed with City Legal prior to adoption. 10. Finding: Applications for Tree Removal Permits currently require a submittal of an exhibit that details the location of existing and proposed features, existing trees, replacement trees, and tree protection notes. This exhibit should be formally named as a Tree Preservation Plan, and. be required as a component of the construction documents for all projects. Although valuable in its current form, this plan should have more defined graphic standards that require the location of proposed tree protection treatments such as fencing, root pruning, maintenance pruning, mulching, bark protection, washout areas, and vehicle access. Inclusion of these items will aid significantly in the plan review and inspection process. Section 5.14 Construction Plan Requirements indicates that tree Findings and Recommendations '~ ~" ';~~ ~` 's Page 11 of 17 Pages Colleyville Tree Preservation ~'~'~ ", '"-~ ,'~-~~4R October 3, 2008 Burditt Consultants, LLC ~2, . , f ~ '`~ -~ _~ ~,;,; c-a w 13URD1"i~"i~ f~:'ftv!lil~l~tl> LL_C protection treatments must be in place prior to construction, however these features should be graphically shown on the construction plan. In order to eliminate confusion between the construction plan and the submittal for Tree Removal Permit, it may be prudent to merge the features into the Tree Preservation Plan. Recommendation: Revise Section 5.8 Submittal Requirements to refer to submittal exhibit as a Tree Preservation Plan. Revise Section 5.8.E to require plan to indicate the location of tree protection treatments as described above. Join the components of Section 5.8.E and Section 5.14 Construction Plan Requirements into a single section titled Tree Preservation Plan Requirements. 11. Finding: Section 5.8 Submittal Requirements requires plan exhibits to indicate the tree canopy for each tree. Tree canopies/driplines do not adequately reflect the area of a tree's root system that must be protected during construction (known as the Critical Root Zone). A minimum of 75 of a tree's Critical Root Zone must remain undisturbed in order to ensure survival of the tree and viability in the future landscape. The Critical Root zone can generally be defined by the following formula: 1" trunk diameter = 1' of CRZ radius. All Tree Preservation Plans should indicate the Critical Root Zone for each tree to be preserved. This will allow the plan reviewer to decide whether proposed tree protection treatments will be adequate for preserving the tree in question. Recommendation: Revise Section 5.8 Submittal Requirements to require location of the tree Critical Root Zone and the location of proposed tree protection treatments. The definition of the Critical Root Zone should be revised within Chapter 2 Definitions as well. The following definition is recommended: "Critical Root Zone -The area of undisturbed natural soil around a tree defined by a concentric circle with a radius in feet equal to the number of inches of trunk diameter. The area within this circle is referred to as the CRZ. The CRZ is used by plan reviewers to determine compliance with design standards and construction specifications, and is considered the minimum portion of a tree's extensive root system that must be protected during construction. " 12. Finding: Stakeholders have indicated that the current tree removal permitting process is difficult to understand. Primary confusion is regarding when the tree preservation code is triggered during the development process. The use of a graphic flowchart can aid in the user- friendliness of the code. Findings and Recommendations ''` °~ ~~ ~~~ '`~ Page 12 of 17 Pages Colleyville Tree Preservation ~'"~ s. - October 3, 2008 Burditt Consultants, LLC ~ ,, ~ `~ t ~`~~ Y,r~J rylttl V BURDI"i~T £`~~~Ill~t"It~l~,s E.LC.; .;•;. - _ l Recommendation: The following flowchart should be inserted into Chapter 5 Tree Preservation in order to guide developers through permitting effectively. `_TREE PRESERVATION PERMITTING PROCESS ~- ; i i Platting of Subdivision v~ithout 3 ' Platting of Subdivision with Action Proposed Construction 1 {{I Proposed Construction Application for Tree Removal, i '. of Proposed Public Streets ~ 9 of Proposed Public Streets Building, or Grading Permit Utilities, or Other Infrastructure i ~ Utilities, or Other Infrastructure .__..._,__ _~ --..,. 3 ---_ i __. _ _ ~ ~ 1i Preliminary Plats ~ PrMlminary Plats Residential Suhdivlsions Applies To k Final Plats i Finaf Plate Platted Resitlendal Wts Minor Plats f.5rror Plats Platted Comrtiercial Lots Tree Surveyor Aerfal Required Pian Photo Indloatfng General Tree Preservation Plan Tree Preservation Plan Tree Coverage 13. Finding: The fines for mitigation when trees are removed and cannot be replaced are currently placed into a Tree Fund. This fund should be defined within the tree preservation code and include a description of the purpose of the fund, who administers the fund, and how expenditures of these funds may be used. The following is an example of how this may be described. Tree Fund Expenditures 7. Funds collected from mitigation fees and penalties for noncompliance with this Subchapter will be placed into a dedicated account known as the Colleyville Tree Fund. 2. The Colleyville Tree Fund may be utilized to fund preservation and replacement of the City's tree canopy cover under the administration of the City Urban Forester. The City Urban Forester will submit quarterly budget requests to City Council for approval of all Tree Fund expenditures. Findings and Recommendations '' " '' ' ~ ~ ~ Page 13 of 17 Pages Colleyville Tree Preservation "~' -'t q ~_ - ~ y October 3, 2008 Burditt Consultants, LLC ~;?, ~ `'` 't~ ._ - ~~ davr BURDITT C'~~?u~ltants LLG 3. Funds collected from mitigation fees and penalties for noncompliance with this Subsection maybe utilized as follows: a) Purchasing, planting and maintenance of trees on rights-of--way, public park land or any other City-owned property. b) Purchase of forested properties for perpetual preservation and passive recreational use. c) Funding of a City-wide tree inventory and an urban forest management plan for all public properties. d) Associated administration costs. Recommendation: Create a new section within the code that details the purpose of the Tree Fund, who will administer the fund, and how expenditures of these funds may be used. 14. Finding: Participants from the public participation session have requested an enhanced list of recommended tree species for replacement plantings. Species diversity is important in maintaining a healthy urban forest and reducing the possibility of catastrophic tree losses due to disease or insect epidemics. Section 5.13 Replacement Tree List should be revised with a new, expanded list of available species for planting. Recommendation: Replace the Replacement Tree List with the following table of recommended tree species. This table is categorized by size/use and has additional information regarding potential problems for some species. Tree species in this list are generally well-adapted to North Central Texas. [This Space is Intentionally Left Blank] Findings and Recommendations ~'~ "'~ - . '~ '`~ Page 14 of 17 Pages Colleyville Tree Preservation ~'~ ~ ~'~ ~~ ' ~~ October 3, 2008 Burditt Consultants, LLC ~ t!L ~~- ~ r'"~ ~~~~ pa w r.... BURDI'i~T ~..`.~rts~;lt~~tts LLC Replacement Tree List SCREENING TREES ORNAMENTAL TREES MEDIUM TREES LARGE TREES PALMS ARBORVITAE ARISTOCRAT PEAR CALIFORNIA FAN PALM' BLUE POINT JUNIPER BLUE POINT JUNIPER CHINESE PISTACHE * MEXICAN FAN PALM ' CHINESE PHOTINIA CAROLINA BUCKTHORN EASTERN RED CEDAR NEEDLE PALM CAROLINA CHERRY LAUREL CAROLINA CHERRY LAUREL EVE'S NECKLACE * SABAL PALM EAST PALATKA HOLLY' CREPE MYRTLE FOREST PANSY REDBUD WINDMILL PALM EASTERN RED CEDAR DECIDUOUS HOLLY GINKGO BILOBA' LITTLE GEM MAGNOLIA' DESERT WILLOW LITTLE GEM MAGNOLIA NELLIE R. STEVENS HOLLY EAST PALATKA HOLLY' SHANTUNG MAPLE' SAVANNAH HOLLY * FIG AMERICAN ELM WAX MYRTLE ITALIAN CYPRESS * ARIZONA CYPRESS YAUPON HOLLY JAPANESE MAPLE BALD CYPRESS LACEY OAK BOIS D' ARC MEXICAN BUCKEYE BUR OAK NELLIE R. STEVENS HOLLY CEDAR ELM OKLAHOMA REDBUD CHINQUAPIN OAK SAVANNAH HOLLY DEODAR CEDAR SUMAC LACEBARK ELM * TEXAS MOUNTAIN LAUREL' LIVE OAK' VITEX PECAN ' WAX MYRTLE * PERSIMMON YAUPON HOLLY SHUMARD RED OAK * SOUTHERN MAGNOLIA' *POTENTIAL ISSUES WITH SELECTED SPECIES OR MAINTENANCE California Fan Palm: Can suffer from freeze damage in severe winters. Chinese Pistache: Girdling roots can often be a problem due to being growing in a container. But this is true for all container grown trees. Listed as an invasive species. East Palatka Holly: Not a native tree, but seems to perform quite well. Growth can be poor and foliage can be chlorotic in alkaline soil. See http://hort.ufl.edu/trees/ILEATTA.pdf for more information. Eve's Necklace: Grows very slowly, sensitive to poorly drained orover-watered soils. Ginkgo Biloba: Grows very slowly, recommended not to plant the female due to its foul smelling fruit. Italian Cypress: Prefers full sunlight; also spider mites and fungal infections can be a problem and can suffer from freeze damage in severe winters. Lacebark Elm: Sensitive to poorly drained orover-watered soils, very susceptible to Cotton Root Rot and borers. Little Gem Magnolia: Prefers full sunlight, sensitive to poorly drained or over-watered soils. Live Oak: Susceptible to Oak Wilt disease. Mexican Fan Palm: Can suffer from freeze damage in severe winters. Pecan: Extremely large tree, significant litter problem. Savannah Holly: Prefers full sunlight, sensitive to poorly drained orover-watered soils. Shantung Maple: Sensitive to poorly drained or over-watered soils. The tree has not been in our landscape for an extended period of time, so there is some question of possible long term problems. But so far, it is doing very well and seems to be adapted to our alkaline soils. Shumard Red Oak: Susceptible to Oak Wilt disease, sensitive to poorly drained or over-watered soils. Southern Magnolia: Develops very visible surface roots, sensitive to poorly drained orover-watered soils, foliage can be chlorotic in alkaline soil. Texas Mountain Laurel: Grows very slowly, prefers full sunlight, sensitive to poorly drained orover-watered soils. Findings and Recommendations `": X ~sr- ',i,t ?I Page 15 of 17 Pages Colle ille Tree Preservation '~ October 3, 2008 Burditt Consultants, LLC ~ ~, ~ y (.!V V r,... f3UKD1TT ~c~t?sultf~I~ts L_~. ~: 15. Finding: The current code requires tree protection measures during construction that are generally effective. However, in order to ensure that treatments such as tree protection fencing, maintenance pruning, utility boring, demolition, root pruning, etc. are implemented correctly; it is best to have treatment specifications to guide contractors during this process. These specifications are usually provided in a separate criteria manual maintained by the City. Maintaining the specifications in a separate manual from the Code will allow staff to periodically update/revise them without going through a formal Code revision process. Ideally, the City should endeavor to create an entire technical manual for tree preservation and maintenance. The specifications should be referenced within the Code as a required component of the submitted Tree Preservation Plan. Recommendation: Establish a requirement within the Code for all Tree Preservation Plans to include tree preservation treatment specifications and details. Maintain these specifications within a separate criteria manual for use by contractors and developers. Plan for the creation of an urban forest technical manual detailing guidelines for tree preservation and maintenance. Recommended tree preservation treatment specifications are provided in the Appendix. 16. Finding: The public has expressed a desire to see the City lead by example with regards to tree preservation. Section 5.6 Applicability currently states that the Code applies to all municipal and public domain property. The Code should include a statement within Section 5.7 Approval and Administrative Procedures indicating that Capital Improvement Projects will be required to submit a Tree Preservation Plan. Recommendation: Revise Sections 5.6 and 5.7 to require City construction projects to include a Tree Preservation Plan. [This Space is Intentionally Left Blank] Findings and Recommendations '~ , ~ ,o ,~ ~ Page 16 of 17 Pages Colleyville Tree Preservation ~'~ ~-~ ~ ~ .;r ~ October 3, 2008 Burditt Consultants, LLC ~~, ~ ~•,'' ~ + .~ . :iw:: da v rn~ APPENDIX BURDI'I~T G~:~~ y;.~~iit<:~r~is !t_ ~'-.?~?~.t11^,~ ~~ `Ff;~i-il~t.CT~_iP;F ~~'~;; 3} Recommended Tree Preservation and Treatment Specifications Texas Forest Service Big Tree Registry Findings and Recommendations ~' R ~"'''x '~'.~ '~~' Page 17 of 17 Pages Colleyville Tree Preservation ~ =~ ~" '~ October 3, 2008 Burditt Consultants, LLC '~ ~~-''~ { ~. ~ Recommended Tree Preservation and Treatment Specifications RECOMMENDED TREE PRESERVATION AND TREATMENT SPECIFICATIONS PART 1 -GENERAL 1.1 SUMMARY A. Work includes: 1. Removal operation. 2. Maintenance pruning. 3. Fertilization treatment. 4. Tree protection fencing installation. 5. Mulching operation. 6. Root pruning operation. 7. Root pruning/chemical barrier operation. 8. Utility boring operation. 9. Zero curb cut operation 10. Transplant operation. 11. Replacement Planting 12. Repair/replacement operation. 13. Special Demolition Procedures (New Driveway Construction/Replacement) B. All Contractors shall meet with the Urban Forester or Owner's Representative to review the Tree Preservation Plan for the site before startup of site work. C. No site construction shall begin in any areas where tree preservation and treatment measures have not been implemented and approved. D. Tree preservation and treatment measures shall be reviewed and approved by the Urban Forester or Owner's Representative prior to and immediately following installation. E. Contractor shall be responsible for compliance to and maintenance of the Tree Preservation Plan. F. The areas protected by the tree protection fencing are the tree preservation areas. No access to these areas shall be permitted during the construction period without first consulting with the Urban Forester or Owner's Representative. G. Any roots of preservation trees exposed by construction activity shall be covered with a layer of light topsoil or l0 mil. polyethylene sheeting to prevent desiccation and loss of exposed roots. H. Any work, excavation, or grading required by construction within the tree preservation areas shall be limited to 2' cut or fill with no roots over'/2" being cut. This work shall be by hand or with approved equipment and root protection. ~ ~~ When possible all shallow excavation (less than 2' deep) within the Critical Root Zone (as defined by the tree canopy area) shall be conducted using AIR-SPADE® air excavation tool or equivalent. J. Trees damaged or lost due to Contractor's negligence during the construction period shall be appraised by the Urban Forester or Owner's Representative and the Owner compensated. PART 2 -PRODUCTS 2.1 MATERIALS A. Fertilizer - "XL Injecto Feed" (32-7-7), a product of Dogget Corporation, Lebanon, NJ, (800) 448-1862. B. Mycorrhizal Fungi - MycorTree Ecto-Injectable, a product of Plant Health Care, Inc., (800) 421-9051. C. Tree Protection Fencing: 1. 4' tall plastic, 1"mesh fence. 2. Iron T-bar posts, 6' tall. 3. Wire, 16 gauge ties. D. Polyethylene Sheeting: minimum 10 mil. thickness, clear. E. Mulch: First run mulch or site generated mulch. F. Products of the same type from other sources shall not be excluded, provided they have like physical and functional characteristics and are approved by the Urban Forester or Owner's Representative. G. Every effort shall be made to utilize chemicals of an organic or biodegradable nature in order to offer the least impact to the environment. PART 3 -IMPLEMENTATION 3.1 TREATMENTS A. Removal Operation: (Treatment A). 1. Trees designated to be removed by hand on the Tree Preservation Plan shall be painted with an "X" by the Urban Forester or Owner's Representative. 2. Designated removal trees shall be replaced on an inch for inch basis for the total diameter inches removed. 3. Plant replacement trees as near as possible to their original location (See planting procedure). 2/7 4. All tree removals shall be done by a certified Arborist by hand work. 5. All wood and debris from tree removal shall be removed from the site immediately. 6. All stumps shall be ground down to 12" below grade. 7. Any damage to preservation trees occurring during the removal operation shall be repaired. B. Maintenance Pruning: (Treatment B). 1. Trees to be pruned are designated on the Tree Preservation Plan and will be identified by the Urban Forester or Owner's Representative. 2. All maintenance pruning work shall be done by a certified Arborist. 3. A listing of the preservation trees and treatments will be provided. 4. Pruning shall consist of the following method: (a) Pruning as defined by the American National Standard for Tree Care Operations -Tree Shrub and Other Woody Plant Maintenance Stand- dards. This would include: (1) Crown raising or clearance pruning shall consist of the removal of the lower branches of a tree to provide clearance for streets and sidewalks while maintaining a balanced form. (b) All pruning cuts on Oak trees shall be covered with a thin coat of water- based black paint approved by Urban Forester or Owner's Represent- ative if pruning is to occur in April, May, or June. (c) All wood and debris from pruning operations shall be removed from the site. C. Fertilization Treatment - (Treatment C). 1. Preservation trees shall be treated as designated on the Tree Treatment Schedule. 2. Injection of the fertilizer into the root zone of a tree shall consist of the following methods: (a) Mix in a tank with agitation capability: (1) Fertilizer - 9 pounds by weight per 100 gallons water. (2) Mycorrhizal Fungi - 1 lb. per 100 gallons water. (b) Inject the Mixture on a 2.5 ft. square grid at 1/2 gallon of mix per hole or 8 gallons per 100 square feet. (c) Injection pressure shall be 100-150 PSI as soil conditions warrant. (d) Depth of injection shall be 6 - 12 inches. (e) Inject the root zone areas, where possible, in the available canopy areas plus 10 feet beyond dripline, but not in root loss zone. 3/7 (f) Contractor is responsible for mixing, applying and disposal of all chemicals in accordance with strict adherence to manufacturer's directions and/or State and Federal Regulations. D. Tree Protection Fencing Installation (Treatment D -refer to Tree Preservation Details). 1. Tree protection fencing is designated in the Tree Preservation Plan. 2. Fencing as follows: (a) Fabric, 4' tall plastic fence. (b) Iron T-bar posts, 6' tall, placed 8' - 0" on center, 24" into the ground. (c) Fence is to be attached to posts with wire ties placed every 24" on center. (d) Fence is to be placed a minimum of 1 foot from all root prune lines. 3. No access to fenced areas shall be permitted without prior approval of the Urban Forester or Owner's Representative. 4. Contractor shall provide for maintenance and repair of fencing during site work construction. 5. Contractor shall remove fence after completion of the site work unless otherwise notified by the Owner. E. Mulching Operations (Treatment E). 1. A 4" layer of mulch shall be placed in the canopy area of trees where exposed soil or roots are present. 2. Approved access through the canopy areas for construction equipment or vehicles shall be covered with 6" of mulch covered by 3/a" plywood. F. Root Pruning Operation (Treatment F -refer to Tree Preservation Details). 1. Trenching areas are designated in the Tree Preservation Plan and exact locations will be marked in the field by the Urban Forester or Owner's Representative. 2. All encroachments located in the canopy of trees shall have the tree side of the excavation root pruned before excavation. 3. Trenching depth shall be 2 ft. minimum, not to exceed 6" in width. 4. Trenching shall be backfilled and compacted immediately after trenching. 5. All excavated material shall be placed outside the canopy of the tree or on plywood cover under the canopy of the tree to protect the root zone area. 6. Topsoil should be kept aside so as not to mix with sub grade material and placed back in the pit on the top of the backfill. G. Root Pruning/Chemical Barrier Installation (Treatment G-refer to Tree Treatment Details). 4/7 1. Root Pruning Chemical barrier, barrier shall be installed where root pruning is scheduled to be done at the back of the new sidewalk edge for the new sidewalk installation, or as otherwise shown in the TREE PREESRVATION PLAN. 2. All specifications for root pruning trenching shall apply to this installation with the following additional requirements: (a) 10 mil Polyethylene sheeting shall be placed in the trench to the bottom of the trench. (b) Anchor sheeting at the top of the trench in order to backfill the trench. (c) Cover the top of the sheeting so that no sheeting is exposed. H. Utility Boring (Treatment H). 1. All utilities will be bored through the Critical Root Zone (CRZ) of all protected trees. 2. Bore pits will be outside the CRZ of each protected tree. 3. Bore layout must be approved in the field by the Urban Forester or Owner's Representative. 4. Any necessary excavations within the CRZ of protected trees will require the approval of the Urban Forester or Owner's Representative. Zero Curb Cut Operation (Treatment I-refer to Tree Treatment Details). Removal of the old curb located within the canopy area of preservation trees will be done in the following manner: (a) Dig out the existing street in front of curb to the bottom of existing curb. (b) Remove existing curb by pulling it into the street excavation without digging or clawing behind the curb. (c) Cover the exposed soil and roots immediately with 10 mil clear plastic to prevent desiccation of roots. (d) Anchor the plastic cover with wooden stakes driven into the soil (avoiding tree roots) behind the old curb edge. (e) Plastic shall remain in place until backfill operations are in progress. Plastic shall be removed at the same time as backfill is being placed so that the roots are not exposed to air. (f) New curb installation shall be formed and poured without disturbance or damage to the exposed roots located at the edge of the old removed curb. (g) Where necessary, backfill between the old and new curb area shall consist o£ (1) Backfill void up to within 6" of the top of the curb with a material acceptable to engineering standards. This material shall be clean and free of rocks, debris, or chemical residues that pose a threat to root environment. (2) The remaining 6" of fill behind the curb shall be of the specified topsoil mix. (h) Backfill behind the old curb area (Tree Preservation Area) shall consist of the specified topsoil mix. This mix shall be applied in depths of no greater than 3" to the critical root zones of the protected trees by hand. 5/7 Transplant Operation (Treatment J refer to Tree Treatment Details). 1. Trees designated for transplanting are designated in the Tree Preservation Plan. 2. Transplants are to be relocated to a location determined by the Urban Forester or Owner's Representative. 3. Contractor shall be responsible for proper relocation, planting, and maintenance of the transplanted trees for one (1) year. K. Replacement Planting (Refer to Tree Treatment Details). 1. Replacement tree planting locations shall be indicated by the owner's representative. 2. Contractor is responsible for verifying locations of underground utilities prior to construction. 3. Trees shall be planted at least five (5') feet from any utility line, curb or sidewalk and outside all utility easements. 4. All plant material shall be maintained in a healthy growing condition, and must be replaced with plant material of similar variety and size if damaged, destroyed, diseased, or removed. 5. Measurement: Dimensions of trees and shrubs shall conform to the American Standard for Nursery Stock, latest edition (ANSI Z-60). 6. All trees shall be staked and secured according to accepted industry practice and details. 7. Each newly planted tree and shrub shall be pruned in accordance with the American Association of Nurserymen Standards or as directed by owner's representative to preserve the natural character of the plant. All dead wood, sucker, and broken or badly bruised branches shall be removed. 8. Guarantee: All plant material shall be guaranteed by the contractor for one full year from the date of installation. The owner shall be responsible for maintenance unless otherwise agreed with contractor. It shall be the contractor's responsibility to monitor the project during the guarantee period and inform the owner if problems develop with the plant material. A plant shall be considered dead if 25% or more of the crown, or main leader has died. L. Repair/Replacement Operations 1. If any damage to preservation trees should occur beyond what is expected during the construction period, the Urban Forester or Owner's Representative shall appraise the damage and order the repair by the contractor or responsible party. 2. Trees other than those designated for removal that are destroyed or irreparably damaged as a result of construction operations, shall be removed and replaced with the same size species and variety up to and including 8 inches in diameter. Trees larger than 8 inches in diameter shall be replaced with an 8-inch diameter tree of the same species and variety and total contract amount will be reduced as determined by a qualified appraiser using the Guide for Plant Appraisal published by the International Society of Arboriculture (9`'' Edition 2000). 6/7 Owner shall be compensated for all costs involved in mitigation of damages and the appraisal thereof by the Urban Forester or Owner's Representative. M. Special Demolition Procedures (New Driveway Construction/Replacement) 1. All site demolition work proposed in the canopy of site trees (including driveway replacement) must be reviewed and approved by the Owner's Representative and the Urban Forester prior to actual work. 2. All demolition work within the canopy of site trees shall be by hand work to minimize disturbance of the root zone area. 3. Uncovered root zone areas shall be covered with 2" of sand or 4" of mulch to protect exposed roots from desiccation or damage. ~~~ Texas Forest Service Big Tree Registry a 0 t °o c o L N O p C 3 C N C O ~ > U ~ R ~ O N C ~ N ~ l h y ~ m O m Q m m ~ ~ L C >. m ~ m L O y ~ y :_ _ J N m C m ~ V .O O C7 L U p C~ l U ~l m ~ m N O m J N 7 O N J O "O ~ m c ' ~ ~ Y E (n m m o U ~ J o E U in lD ~ ~ ` m m W m ~ Q m a ~ C7 O ~ m ~ D '° <n E S E ~ a d m ~ >, x x W ,c Z' o ° c m m m 0 m o m m c m ` = m m _ o m o d s `m g y m -' m m m m v o m ~ o ~ ~ c m a'~ ` m m m o m z ~ ~ ~ -> a m ~ a m m U x ~ W ~ vi t- ~ ti ~ C7 ~ w o ~ ~ :~ c n in ~ c7 v ~ m n 0 co 0 N 0 '~ 0 n 0 r 0 °' °' ' ~ o ~'' ° o ° ° ~ rn m c0 "' m r o °' ° r o n 0 o o n i u~ o n 0 o 0 ~ °D °' ao o n 0 m o rn m N o '~ ~ o tO °' ' m o N 0 N 0 N N 0 N 0 N ° o N N ~ rn ~ rn ~ ~ o N N o N 0 N 0 N ° o N 0 N 0 N `~ o N 0 N o N m o N ° N o N o ~ N O N N N ~ ~ ~ ~ ~ ~ =0 N ~ ~ ~ M N ~ ~ V ~ ~ (D N r N .- E ~ M N M O> N N ~ N i(> N O~ ~ O ~ N ~ ~ M N N iA ~ m V O iD cp N M O ~ W O O O> ~ ~ V N tip ~ M ~ W N GD ~ ~ N J m L C m m O N O M O r N 1~ O N M O N N O N t0 N M n M O M O O A a0 N M a0 N r O N O N O N O O M N H O N O Ol N O O N N 01 E N t0 M tD O O V N M O n N ao M O O n O O F d d y O ~ V W M O O m N O K m N .-- .- N 1~ r O N n O O O N t0 ~ ~ OJ m t0 ~ f~ N M (D m (D O t0 W l0 O~ ~ aD N M cp In ~ n O M N M M C 3 ~ O U L 01 N lp ~ M M u'~ N u7 u7 N V N V M cp M N N V N 1~ O O ~ ~ V' V W V (O O~ cD (O ~ N t0 OD N M to O O ao ~ ~ n N ~ ~ O N ~ t0 M ~ N N M N O M N M 2 d.. G G_. .._.. 0. rA ~_ 0. C_ ^ '1 ._ _ 2 G L ~ G 4. ~ d <:" ~. i Q . ~ O Z ~ t0 ~ N aD ~ r .- N O O L W m ~ ~ O W N F-- ' '- - F-- w W OJ . lit I~ V ~ V V ~" ~ L ~~ lA: R N ~ V1 N O r 'V ~ t0 ~ r a O M Z IL M '7 O M r Z ~ ~~ Z W ~ ~ c0 p> M N ~'". 1_ : S N O N N a0 ' ~ O N E .,~ i0 M m t0 L O N `=_ liJ E tY ~' C/ CY; Q. w tY LY . ~ il:. '1' _ CL - ~ ~ - U v Ci L% U %J C: C C L L C' v O C O C C; C C C C C O C O Z Z Z Z Z Z Z Z Z Z m " ~ oo O) m N o O o ~ ts 1n r ~ In o N rn to 1~ n d) ~ °' ~ m o r` ao rn ~ ~ W In rn y ~ N r O) W ~. m r t0 N O H M O (D ~ ~ ~ ~ N A M CO M V CO f~ O M O V V I~ V O to ~ ~ r r M 1~ (D f~ LO M M r- W aD N N V V V t~ W N V V ~ ~ O) M d' M M h N M 0) O N O O ~., N N N O ~ O N O ` C D O O 'O N ? c O O C Q O) t0 C ~ °' ~ a m ~ ~ ~ o 3 ~ y ~ a~ E -°o c m a Y y ~ a~ ~ m ~ E ~ o ~ N c a `m E ~ -o a ° y ~ ` v m °~ E ~ m y ° ' ~ rn ~ o > a~ ~ ._ m m m - o ~ a~ m m m 10 a~ o o m .N m m -_ - c U = ~ S S ~ > U [O U CO W d m U ~ U 2 Z fn J ~ ~ 2 2 S O U F- ~ U' Q O G M m _ ~ ~ h m m ~ ~ -a :fi ~ t C o ~ a m ~ ~ N m 3 !~ ~ ° E ` O m ~ rn `m `m m m m ~° c > m y c h a m a m o ~ c m` m a ~ o > j m y ~ ~ `m ~ i m `0 m m a LL J > , > m .G m m m c ~ o a ti `~ o, c y c c ' u o o ~ ~ - o u m o > m i - m m o m ' G J ~ 0 y o a ~> m > m ~ > m a ~- ~~ p v y m iri m m a : ~ ~ =° m 'y .7 o 7 U ~ c p m ~ n m C m c c m ~ m N `m m x m E > E > E ~ q a ~ E - Z G m h 3 ~ .o a U m ~ U 2 U 2 Y ° o O a J x m a m ' m a m ' m ~ m Q ?. x m E rn m ~ !2 o m c m c m c ~ o. ~ o n rn a m m > m m ~ ~ a y m U m m c m m rn ~ a r c a m m y a o. o. a m o c 0 d f' x ~ m 2 o, m N a m N m Ip m N y 7 y > y > y > y > N 3 H > m > m > • 3 J N E ~ E 7 n m m E a m c ~0 m ~ rn c a y E O E J E ~ m o, m m m ~O h ~ y ~ y ~ y ~ m > ~ > S. X ~ c ~ ~ ~ u " ~ a m m m k k k x x x k x x ~ ~ ~ o o m `° m m 3 =° J =° y E ~ E a E o a G ~ c v u ~ u ~ ~ d 0 Ta m c~ m o m o ~ o r a a '~ m m m m m m m ~ c o ¢ o o m x m x m m _m ~ m o o, m - . m ~ m ti ~ a a c o m U ° >, c y m m m N m H m `~ `~ m m ~ J ¢ ¢ ¢ ¢ U W W W LL tL tL t~ 1L 1L LL W W d d m ti ti 2 ti a ~ W m m 2 > > > U ¢ k ~ ¢ ¢ ¢ ¢ 1L u, 1n O ,N y (` d o ~ 1a o _ E V1 Z R m W ` t = ~ ~ O 100 A ' ~ 130 H L ~ O 0) C N x m ; v m m m 'Y 1O ~ • a '~ - a m v ~' ° . 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W Y J O O 0 U ~ C C C C y y y Vl y q y y y y y R N R A 10 /0 /0 O) ' ~' ~ OS N R 7 0 ~ j 7 7 j 7 3 3 7 N o v m R m R 1a m m m /o m m R m m m 10 1o R /o r a ~ n n ~ ~ a a a s .C ~ ~ a n a .o ~ a a n a ~ a Rf o - ~ ~ a ~ a a a ~ . ~ Q U ~ m - O O m L U ~ ~ m 'O C O p N ` «i ~ C N m ~ N N m L E N m m ._ ~ N C U a N ` o c v~ E a ~ ;n m c m ~ 'o c ~ c ~ c ~ ;n - `m - C o > d m O is at 3 `o ~ ~ Z w m °' ~ ~ ~ '° ~, to m ~ ~ ~ J w g U _ W v m x =° N U ~ o c m ° ~ c ¢ >. t m ~ = ~ ` d - o a d m c d >, ~' m d m a m >. ~ d m m m 'o cn m a d t v m E p m ~ o m U ° m m o o m ~c m m y c o d ~ ~ ~ ~ ~ ~ m ~ e m ~ ~ N '3 ~ m 'm o m p ° o m 2 ~ O C7 Z R tl J ~ O d' Y ~ -~ O (n cn V1 J ~ O 0 W ' W D ' U -~ ~ R V m` ~ N r O O O O O O N r 7 o N O N O N O aD D7 N 0 N O 0 0 ' cp N O O O O O 0 M O m M to a0 O O N O) ~ O O t0 O O t0 O O N O O tO O O M O 0 O r O O V O ~ O N ` ~ O N O N 0 N 0 N 0 N 0 ~ O N 6> O O N 0 N N N O •- O ~- N O ~ M •- O N N N N N N N N N . - N m N m r (`~ m ~ N ~ ~ W O N ~ r O .- N O M O M O t0 N ~ N R to O M N y t6 J O O ~ a0 ~ ~ ~ O N ~ ^ ~ N ~ O uJ M ~ M r M (O ~ W (O (O ~ <O m C m m tp t° M ~ t0 r N 00 T N Of M M tD Q ~ Q r N t0 O tD ~ M O N m O ~ r r Q ~ W N r to M m W Q O N N Q Q M M N M M ~ E ~ t0 ~ ~ Q to N N r M N Q tD M N N N N T ~ M tf) N ~ m H d n (n C <D N D) (p O (O ~ r r M r r M M M M (p Q c0 Q O M ~ Q a0 M to ~ ~ Q Q V ~ M M O Q Q N Q O N O N Q [D ~ ~ N r r t0 ~ ~ M O U L m . to to r ~ O o Q o O u~ O N r cD ~ ~ ~ ~ O v M ~ CO Q O m m y (D rn N m N M I ~ rn Q v LO Q Q M ~ N CO rn O ~ O m M r O rn N r W m 2 tL Q. (_ 1. ~.. C_ :. fL L.. - _ ~ < _ . : V T y T T ~ ~ a. ~ .Z - i ~ r ? Q z 7 O r N ~ ~ GO N N ~ ~ N z ~_ F-~ z N ~ _. ap r ( z M N t0 Q M O r N N -. : O N •- r 7 Z t0 to ~- M S O t0 N W ~ (, ~~' M W :~', T N <O N " ~ ~ O O ~ ~ L.: W' lL' W r M N ly;' O N D M i~ N N r r N .. W ~ 1W LL N ~ O o ~ sx ~ ~Y ;Y CL ~1' CY ice. C - ~ ~ - U O U L) L~ ~J U C.i C v v O 0 0 O O O G O G v CG O v ~ Z Z ~ Z Z ~ Z Z Z 7 d M a0 .- O ~ ~ W tb ' rn O (O ~ O W oOD V (O tD W O M 1 N N (O M to N r ~ O (~ r to r r O M r M M aD V 7 M N to N m .- O N (O ~ ~ d ~ Q: R r• N O M (O m (D V oD ~ M O) tn N M N M E M ~ M tD ~ ~ ~ r (O W r ~ ~ V r 0 N a ~ N ~ N N ^ W M Q In a0 V r N r V Q1 ~ N N C C O C y > O m N ~ ~ C to ~> `y 7 Q> N C m N N C A C ~ m "O N U y O Q ` N fn O ~ ~ C ~ N 0 ~ Q tq N O ` l0 O O ~ ~ ~ ~ o ~ c m ~ ~ c a > ~ d E ~ c ° d m d a c r y - .o m ~ a> c y 3 ~ O U N H d O h f0 o ~ C0 (O 2 N ~ N Y d -~ N (n T F- c0 m m Q y ~ ~ [.'~ ~ (n (.b W L9 (n 7 ~ U' 7 U . = L U N Y - W O CO O 2 ~ m m U N N ' 'Z ~,~ m m v O m '~ m y _ _ ~ m N co N C ` ~ ~, m h c ~ N ~J a m ~' h ° o ` E E ~° ~ c m 'm a m E o E ~" 3 c 0 ° `0 ~ 2 m > > ~ m 3 c m t m ti .X m .x m : S m m m a_ O m a o c ~ c v ~ a ~~ ~ m p a ~ ti m o c y m m m `m `m m m y m h y H m o h y h m ti H m m m o m o m ° ~ ._ a .~ N c a m " ti m " E LL ~ c ° n o ~ y ~ ° m o ~ !? w ~ > m > m > m > m v m ~ m ~ > m m m m a :_ ~ .N a a o i ~ S c ° y ° m E o m m ~ m m o ~ 0 w m ~ ti m m E ~° c o `m o c c c c ~ E - c y o u o ° E a o o " h y n ~, n h r v ~ ` m m m ti m E S `° a rn rn ° . t0 x iii m m E c m y 3 V ° M E ° E m n a °i - E m y ° o 0 0 o m ~° ° n rn E m '° o ~ m m rn c m 'm ° ~ " c m m m " ~ ' ° c a 'c E 2 E m ~ ° m N c h c ti m h y ,~ m ` m In X A o ~ = = m 0 N 'Q ~ C m h m h m h m y N m > m N m ry a ~ m a ~ a O O C ~ y N a o -O ~ ~ N U U N m U o ~ m m Z ` ~ m m m ~ Q 2 tp m j ~ j 7 ~ ~ ~ 3 C m 0 . y . ' m . i O ' m W ° N N 0 m N n " 3 3 3 0 0 3 3 h y N y C a o m ~ ~ m ro m ~ m m v ~ 2 2 ~ 2 m m 2 2 ~ °' n ¢ a - = m m n ° ~ E E m' m E E E E E E ~ 'O ~ J h W U U y U U U Q 5 a d d d ~ U d a W ~ a° a° a° a° a° ~ ~ Y Y U U ¢ U U U a W in <n j » > m O ° N R 'O O N ~ Z G O R m ~ E O t to Y V C ~ _ O) p w+ H1 N A Q N ; W O R N w O ` c 'O C axi > ~ c c c m c ~ c 3 c ~ m w L E a ~ C1 c ~ ~ rn - c m ` m ~ ~ 3 ~ c m Z E N E ~ c o r a ~ a „ o c ~ m a t° ~°. ~ ~ m ,Y E m ~' to m c R v o C1 d v E v ~ 1?` = '« c ° ~c E E t d a o o axi ~ ~ N c ; ~ ~ ~ c m N E N m V ~ ~ . . 'O ~ •6 d' N H M r '` p Y G ~ N ~ t) V ~ V ~ L N m 7 N W N a_ O C O O _ N A a p ~ `' - .. O O O to m Q - to . . ._ ~" ~ y ' •~ ~ t tD d m «' ~"" N o Z c i o a rn 3 a 3 a to . ~ o ,~ W ,~ 3 ai m a w ro vi to ~ to C p- L u L u 8 d 0 o 0 3 0 0 0 ; 0 ; 0 o a a ,,:. q w q u; 3 3 O 0 D 0 ~ 0 to ~ X m 3 - a ~ m m E o v m a ' W c ~ ~ w o E c c o c o m a a - a m M Z` • • Z' t'o Y m m a ; c ~ c c B R A 3 3 d ~ H o 3 O 3 O 3 ! m ~ ¢ ~ u, 3 m m m , ti ~ E - - c ~ ~ ~ E E to m ~ ~ R ~ m m m t_ m c c x o s o ~ ~ ,y ~ 0 ~ 0 ~ 0 ~ 0 ~ o z a a o o t_ p• i a N r '> 0~ o> rn 3 c m v m v E E E E ~ O X 7 7 7 tp tp 16 N i0 L L r L t L L L t O O O p O O p R ~ >. 01 CI O O O O ~ A N o v a a a a ~ 0 ~ u u u o 0 o u u u u u 0 u u o o u u 0 o u u u v v v v v o m m m m m m m RI O a ~ N ~ 3 Y « 4 4 4 4 4 d ~ _ Q U y m s ~ >. c J ~ m >~ > N C ~ C C ~ N m G m y d N O o `~ o m ,n m N ~ U ~ d ~ ~ Y °o N 'o W c O m y o LL U m 3 ~ o C7 E t LL U LL U " U m N ~~ ~ d p v L F- J W U ~ L ,~ o c T T y ti U ~ a .D U ° = m -~ m E U a a m C m m .D O m L U D o ~ j L `° m w m -rr m ~ >. m m ~ 3 c o ~ 0 3 3 } mo o m z `m E m m s z m m ~ ~ ~° c~ ~ ° Y rn ~ cLi cn w ~ ~ ~ ca w aw ~ cn i ~ ~ -O, v m in a v m > ~ d 0 0 d 0 0 t° 0 0 M 0 0 0 ~ 0 N o O n m n O O N o O N O O rn O N o O ~ ~ M 0 0 M 0 0 O 0 0 n o 0 M n °~ ~ O O n °~ D O r m O M r O ~,.~ O NO O N r O N O O O O N o O N 0 O ~ m N N N O N N N N ~ N N ~ ~ ~ N N N N N ~ N N '- ~ O N N O ~ N N N N O ~- OJ N O N ~ T •- O N N N r N N '- O M N ~ O N ~ N V N T N ~ ~ 'C ~ ~ T ~ N ~ ~ N ~ ~ V N 1~ N ~ (D N a0 '- N A J ~ r W n ~ N a0 r ~ V r ~ ~ M (O to ~ aD ~ ~ ~ (O M ~ l(J .- ~ aD r d C m F N n N d d d N f° N d h m r• N d ~ ~ tp O~ d fp Of 10 N ~ r O tp t° r N ~ ~ n ~ M N M N n N tp N N N ap ~ M ~ N N N ~ e ~ d ~ d r a d 6 to C n ~ ~ N ~ •-- m O m N N N o .- ~ M M M M N 0 ~ o n o N o N ~ N m ~ ° o r ° (O r u7 n o n o t° n t[J o u'i o N M d ~ M o N 3 O U L °~ •d t° d O M O N n N °J r N N O M r N N V N M n M N M O M V t° N n N (O (D a ~ ~ N `r' ~ n °~ N ~ ~ ~ N V M In M °> O M rn d N d N N S Ci d d ',1 ~ CL t1. ~i Lt ti E~ Z G .~ G L Z .~-_ Z Q Q I Q Z V` ~ Q .-(.. Q R C U U U v c~ :. U U U _i U C~ .J I A N OD ~ LL~ Z ~° ~ Z ~O Z Z O Z M Z ~ N N O M ~ ~ Z N M' 0p N Z Z l° Z r M d ? ap W ~. N ~ ~ M ~ N W n ~ W O W l'J i1J LL~ ~ N M ~ ~ M N d ~ M ~ ~ ~: ~ ~ O c ) ~ V ~ ~ _ ; .. M i~.. N ~[) M ~', r ~ Q~ ~ l1' fY ~ l~ CL. ~ L ~ l:. ~ Y ~ ~ ~ -~ ~ -• -, -~ 1 u 1 -- 1' V U 'v U :v U U U U <~ `.i ce U U o c o ~ c o c c o ~ ~ c: o z z z z z z z z ~ z z z m O N M 1~ M O O O ~ N Q1 O N N a0 N O) oD In M 1~ O d1 M r O O M V m (O W h c0 ~ O) N In N O O ~ ~ O O) M O ~ ~ u) M ~ ~ M N r LO O OD aD aD E ~ rj ~j Qj M r V ~,-j O ~ ~ O ~,.~ ~ ~ M u) O V f~ B O N N ~O O O ~ (O O V _N d' N M ~ V' M M V M V ~ V M N O N L ~. C ~ ° a~ ~ o ~ ° o ~ N m ~ ~' ~ ~ ~ > ~ O O O E ° ~ T o ~ ~ ~ ~ O ~ C E ~-° m m m Y °~ E n m o ~ C m c 'n a~ m - a~ rn ~ ` p ~ o C `~ a~ c ~ c + ~ m Y 'N ` m Y `~ ~ ~ ~ 3 a~ ~ °~ a n y U Z S ~ ~ S F- (n U ~ 2 Z Im (n FT ~ Q 2 ~ o ~ H H U m L~ _l d 2 ~ 2 2 ~ OO J U -Oi O ~ G m U N m `~ m O y (/~ ~ -6 .~ E ~0 U C m ~ G tp ,G S N +N. a m U h 3 c 7 ° m t m ~ N c m N m ~ U :~ C t E 3 y G U ' ' O LL ~ ~ `m :~ ._ `m ~~ y ~~ -m ,~ > m c m m .c m °~ _ m o y m o, ~ ~ `0 y a o t E ~ m c '~ > m om y ' E o v ~x .~°c c m c m m _ 'c m c Ul is iii m ~ E ~ " '~ ~ c m m C m m ° ~ m ~ of U m ,Q a u N ~ y 4 o O E ~ a_ ~ 'S rn m m m y m E y o m > ~ N o m x m U ~ U E L E E ° c 'V w `~ m U m E `0 '~ m m m m c c c ~ O 3 W '-° . ~ m ar x E S, ~ '~' m E v c a S h h m w y y m N w y y m ti y x a -`>, m m m > o c m rn ,n `• x ~ Q' F ~ ~ z m m a ~ v o m = ~° a m m m m m m ro m m m m m m m o o ~ m w E rn o m m a E ~ y y m m m m c' L ~ c m m ~ c t ~ m u v m ~ m m ti m h m ti m y ' :° m +°. m +° m m m ;°. m m m `~° m :° m ~ ~ m m ~ m m m ~ ~ m m ~ ~ ~ ~ m m m m m m m m m m m m m y m o m ~ m m y y y m m . ~ ~ ~ J U U ¢ ¢ C7 U U U U m U U U U U U U U U U U U U U U N N U m U U U U U U U m ~ m - m ~ C7 C7 O O O a U O N N (` c C i0 O a y i m Z 3 s ~ ~ ' H r R O N m0 A m N m ~ ~o T z C o a C R N . . :. !n c $ w ~ F• ' v ° E c °7 E c o f ~ -K Y 3 3 c ~~N// c Z m m 'c o ~ d ~ a o ~ a >+ v io ° a _ ° ~ ~ ~ o m ~ c LL y y Y N ?~ - E E 'C N L -O m A C y p N Y C ~ c O! m t m ~. m ~ E N X j E y D) a-I R c C m a t m Y Q m 01 41 m N '~ C/ m s rn 'v a „ 0 3 c m 'a • ~ m m a u 3 0 ° 3 m m m ~ N _ : ` ea R m > m m > m h ~ m ~ ` d Y °' E 3 ~ ~ m m ° R o A c •`° F _ v E E E E i .. 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J ~ C m ' m U ~ W U Q U a J O ~ S ~ m J o U ~ li Ul x ~ W V m O [p O M O o r O r 0 M 0 M 0 r 0 r 0 M V O ~ 10 O CO O ~ r 0 M 0 M 0 Ip 0 IA 0 O 0 ~ 0 ~ 0 ~ ~ O t0 r O W M O M N O O r O ~ ~ 0 N 0 N ~ ~ 0 N O N O N O N O N O N ~ ~ N O N ~ N O N O N N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N ~ O N O> ~ W \ O N ~ N O N N O N ~ ~ m N r O N O M M N N N N E N (O N ~ ~ r O N ~ ~ ~ ~ ~ ~ ~ W N aD N ~ N r •- ID N r ~ r N r N N N V N O •- N ~ N ~ V ~ O N A N ~ N ~ n O) O ~ ~ ~ ~ ~ N N ~ ~ ~ ~ ~ Ii'1 IA ~ ~ ~ m ~ r O ~ ~ ~ a0 A J m C N O V O ~ ~ p O N r ~ eb N H ID 10 O O tp M fD In Of h N Ql V M N M N r W ~ p1 O O N m m O ~ } M M M 6D r M M M r 0 ~ O A r M r 0 r N N ~ M N N N N '- ~- ID ~ O m ao r N ~ V F 9 d a N G * M o ~ m 1p N r In O r r M N ~ ro N N v M ~ o LL) co M r ? rn M o (O M M v 7 co V cO (O M V o T r M rn M M ~ N co N .- M r '- In M v ~ co N 0 M 3 O U L O •d M M ~ r ~ s M a ap r ~ V W N V N O IO a0 V ~ N O> O ~0 10 N d' O N V ~ " N ~ ~ ~ m CO W r ~ W V O V N (D M c0 I N r ~ 1p M N M R N 10 2 1 q.. 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N ~ O V C9 l0 C m G m A N O m O R y F- F- F ~ ` ° p C ° Id : y ' ~ y ~ l0 3 ~ 3 o ma ? o 7 ~ - > - > 5 -° ` T 3 3 3 3 3 3 3 m L C o C 0 C 0 LL LL ~a E R R _ m - m ~ ~ E o m E E E y .. m a ~ m E m a m o- ~ a c ~ c m c i m i x o = 0 = 0 = 0 = 0 = 0 _ 0 _ ~ a R a A a A ~ ° ~ u o 3 o > u > o > c v Y m = > o 3 3 a 3 o 3 ~a 3 3 3 3 ~3 ~3 3 3 3 >. >, >, >, >, >. >, ~ O ~ y 4 4 4 7 F-' Q v ~' y a~i a m N .~ C ~ O_ i6 Q' Z m 4 z o U U E m ~ C O N C Z m c O ~ 'n m E ~ m E L U m m C C O y a Z d 3 E m 2 m r 1A w y a m t y Vl a~ N ORDINANCE 0-09-1734 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 2, DEFINITIONS AND CHAPTER 5, TREE PRESERVATION, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend the tree preservation regulations and definitions in the Land Development Code; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 2, Definitions, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "A". Sec. 2. THAT Chapter 5, Tree Preservation, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "B". Sec. 3. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 4. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 5. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 6. THAT this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-1734 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2009. The second reading and public hearing being conducted on the 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney Exhibit "A" Chapter 2 Definitions __ __ Rev. 11/03/2009 .• • .. The purpose of this Chapter is to define words, terms and phrases contained within this Land Development Code. The regulations contained in this Chapter have been adopted under the following authority: 1. Chapter 211 -Municipal Zoning Authority of the Texas Local Government Code, which authorizes a municipality to divide a municipality into districts and, within each district, regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land. 2. Chapter 51 -General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. 3. The Home Rule Charter of the City of Colleyville, which authorizes 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 development as required by this Land Development Code may request an interpretation of the definitions contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code. In the interpretation of this Land Development Code, the provisions and rules of this section shall be observed and applied, except as otherwise noted or when the context clearly requires otherwise. 1. Words used or defined in one tense or form shall include other tenses and derivative forms. 2. Words in the singular number shall include the plural number, and words in the plural number shall include the singular number. 3. The masculine gender shall include the feminine, and the feminine gender shall include the masculine. 4. The word person includes individuals, firms, associations, organizations, partnerships, trusts, limited liability companies, corporations and any other similar entities. 5. The word shall is always mandatory. The word should is discretionary. The word may is permissive. 6. The word used or occupied includes the words intended, designed, or arranged to be used or occupied. 7. The word lot includes the words plot, parcel or tract of land. 8. The word City means the City of Colleyville, Texas. 9. The words City Council or Council mean the City Council of the City of Colleyville, Texas. 10. The words Planning & Zoning Commission or Commission mean the Planning & Zoning Commission of the City of Colleyville, Texas. 11. The word Board means the Zoning Board of Adjustment of the City of Colleyville, Texas. 12. In case of any differences of meaning or implication between the text of this Land Development Code and any caption, illustration or table, the text shall control. 13. For words not defined in this Chapter, the definitions contained in The American Heritage Dictionary of the English Language, latest edition, are hereby adopted. Aa Accessory Building or Use. A subordinate building enclosed on three or more sides, but not a carport, having a use customarily incident to and located on the same lot occupied by the principal building, or a use customarily incident to the main or principal use of the property. A building housing an accessory use is considered an integral part of the principal building when it has any part of a wall in common with the principal building, or is under an extension of the main roof and designed as an integral part of the main building. Administrative Official. A person assigned by the City Manager responsible for the administration of this LCD or a particular portion of the Code. Aggrieved Person. A person or group of people with an immediate, pecuniary and substantial interest in an action taken by the Administrative Official or Zoning Board of Adjustment under this Land Development Code, as opposed to a remote or indirect interest. A person is also aggrieved if the person suffers a denial of some personal or property right or imposition of a burden or obligation different from that suffered by the public in general. Alley. A public right-of-way that affords a secondary means of access to abutting property, typically used for secondary vehicular service access to the back or side of properties that abut on a street or highway. Amendments. Changes made in the text of the Land Development Code or to the zoning map. Animation. Any visible mechanical movement in any sign, or apparent movement achieved by electrical pulsation or by other means, such as sequential light phasing. Antenna Support Structure. Any tower, mast, pole, tripod, box frame, or other structure utilized for the purposes of transmission, retransmission and/or reception of radio, television, electromagnetic, or microwave signals. Antenna. A metallic apparatus used for the sending or receiving of radio, television, electromagnetic, or microwave signals. An antenna includes microwave reflectors/antennas and satellite dishes. Apartment. A room or suite of rooms in an apartment building arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping unit. Approving Body. The Planning and Zoning Commission, City Council or staff member authorized by this Land Development Code to approve a subdivision plat. Assessment. The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this Land Development Code. Assisted Living Facility. A congregate residence facility for ten or more elderly (over 55 years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation and social or recreational services may be provided or associated with the assisted living facility. Units may be attached or detached, single or double occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis, e.g. visiting nurses. Automobile Dealership. A commercial business which conducts the retail sales of new or used automobiles. Automobile Repair & Service. Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; mufflers; automobile washing, steam cleaning, and polishing; performing state inspections and making minor repairs necessary to pass said inspection; servicing of air conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles, or any other similar use. Major repair, rebuilding, or reconditioning of engines or transmissions for motor vehicles; wrecker service with vehicle storage; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; and other similar uses. Automobile. A motor vehicle as defined by the Texas Motor Vehicle Laws published by the Texas Department of Public Safety. Awning. A roof-like structure, usually made of canvas, that serves as a shelter, as over a storefront, window, door or deck. Also, an architectural projection that provides weather protection, identity or decoration, and is supported by the building to which it is attached. ~~ Banner. A temporary sign made of cloth, canvas or other light fabric. Basement or Cellar. A story wholly or partly underground and having more than one-half of its height from floor to ceiling, below the level of the finished grade at the front of the building. A basement or cellar is not counted when measuring the height of a building. Bed & Breakfast. A tourist lodging service within the rooms of a single family, owner occupied principal residence located on a property served by a single utility meter and single water and wastewater service. Block. A tract of land or a lot or group of lots, bounded by streets, public parks, railroad rights of way, water courses or foreshores, unsubdivided land, or a city limit line, or by any combination of the above. In cases where platting is incomplete or disconnected, the administrative official shall determine the boundary of the block. Breezeway. A covered passage one story in height and six (6) feet or more in width connecting a main structure and an accessory building. Build. To erect, convert, enlarge, reconstruct, or alter a building or structure Buildable Area. The portion of a residential lot which includes: all property between the front yard setback and the rear property line; and all the property which lies under a single driveway not greater than twenty (20) feet in width, extending from the front property line to the garage. Applicable only to tree preservation requirements in residential developments. Building. A structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. Building Envelope. The maximum buildable area remaining on a lot after the front, side and rear yard setbacks are met. Building Line. Aline which coincides with the perimeter of the building envelope, over which any part of a building is not allowed to extend unless otherwise permitted in this Land Development Code. Building Line, Front. Aline located a minimum horizontal distance from a front lot line and parallel thereto, over which any part of a building is not allowed extend unless otherwise permitted in this Land Development Code. Building Line, Rear. Aline located a minimum horizontal distance from a rear lot line, if any, and parallel thereto, over which any part of a building is not allowed to extend unless otherwise permitted in this Land Development Code. Building Line, Side. Aline located a minimum horizontal distance from a side lot line, if any, and parallel thereto, over which any part of a building is not allowed to extend unless otherwise permitted in this Land Development Code. Building Official. The Building Inspector or Administrative Official of the City of Colleyville charged with responsibility for issuing permits and enforcing the zoning ordinance and building code. Building Permit. Written permission issued by the City for the construction, repair, alteration or addition to a structure. c~ Caliper. See Diameter Canopy. A canopy is a roof-like structure that shelters a use such as, but not restricted to, a gasoline pump island, and is supported by either one or more columns or by the building to which it is accessory and is open on two or more sides. Capital Construction Cost of Service. Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees), and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the City. Capital Improvements Advisory Committee (Advisory Committee). Advisory committee, appointed by the City Council, consisting of at least five members, not less than 40 percent of which shall be representatives of the real estate, development, or building industries who are not employees of the City, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, including one member representing the extraterritorial jurisdiction; or consisting of the Planning and Zoning Commission, including one regular or ad hoc member who is not an employee of the City and which is representative of the real estate, development, or building industry, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, one representative of the extraterritorial jurisdiction area; which committee is appointed to regularly review and update the capital improvements program in accordance with the requirements of Chapter 395 of the Texas Local Government Code, and it successors. Capital Improvements Program (CIP). Plan that identifies water, wastewater and roadway capital improvements or facility expansions pursuant to which impact fees may be assessed. Carport. A structure or part thereof, but not an accessory building, either detached or attached to a principal building, and which is open on two or more sides, consisting of a roof and either walls or columns for the purpose of temporary parking of vehicles, boats or trailers. Cellular Communication Tower, Monopole. A low-power radio transmitting structure, consisting of a single pole, which sends and receives radio signals from mobile telephones, linked to one central call-processing point. Cemetery. Land used or intended to be used for the interment of human and pet remains, and dedicated for cemetery purposes including crematories, mausoleums and mortuaries, when operated in conjunction with and within the boundary of such cemetery. Certificate of Occupancy. An official certificate issued by the City upon completion of construction, alteration or change in occupancy of a building. The certificate acknowledges conformance with the requirements of the Land Development Code and/or building codes. City Engineer (Engineer). City Engineer of the City of Colleyville. City Manager. The chief professional city administrative officer of the City of Colleyville, Texas. City Official. Any person, elected or appointed, or any board or committee authorized or constituted by City ordinance or state law to actin behalf of the municipality. Clinic. A building or part of a building used solely for the purpose of consultation, diagnosis and treatment of patients by one or more legally qualified physicians, dentists, optometrists, chiropodists, chiropractors, or drugless practitioners, together with their qualified assistants. Without limiting the generality of this definition, the building may include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associated with the clinic, but shall not include accommodation for in-patient care, rooms for the abiding of patients, or operating rooms for major surgery. Collector Street. A street which carries traffic from local streets to the system of major streets, including the principal entrance street or streets into a subdivision development, and streets designed primarily to provide traffic circulation within or between one (1) or more subdivisions. Commercial Building Footprint. The portion of the lot which lies beneath the building pad. Applicable only to tree preservation requirements in commercial developments. Commercial Use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee for the purpose of engaging in the exchange, buying or selling or services or products. Common Area. Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use of the residents and their guests of the development, and may include such complementary structures and improvements as are necessary and appropriate. Common Ownership. Ownership by the same person, corporation, firm, entity, partnership, or association. Community Center. A building dedicated to social or recreational activities, serving the City or a neighborhood and owned and operated by the City or by anon-profit organization dedicated to promoting the health, safety, morals or general welfare of the City. Community Home for Disabled Persons. A community-based residential home operated by the Texas Department of Mental Health and Mental Retardation, a community center organized under Section 3.01 of the Texas Mental Health and Mental Retardation Act, anon-profit corporation, or an entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation, which otherwise meet the requirements of the Community Homes for Disabled Persons Location Act, Article 1011 n, Tex. Rev. Civ. Stat. Ann. Such facilities provide to the disabled residents food and shelter, personal guidance, care, habilitation services or supervision. Not more than six disabled persons, regardless of their legal relationship to one another, and two supervisory personnel may reside in such facility at the same time. Such facilities shall meet all applicable licensing requirements of the State of Texas, shall not be located within one-half mile of a previously existing community home for disabled persons, and shall meet all applicable requirements of this and other pertinent ordinances of the City of Colleyville. Comprehensive Plan. The official document and long-range plan, adopted by the City Council, which is intended to guide the growth and development of the City, which includes analysis, recommendations and proposals for the City regarding such topics as population, economy, housing, transportation, community facilities and land use. Court. An open, unoccupied space bounded on (3) or more sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space. Credit. The amount of the reduction of a impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed. Applicable to impact fees. Critical Root Zone. The area of undisturbed natural soil around a tree defined by a concentric circle with a radius in feet equal to the number of inches of trunk diameter. The Critical Root Zone is used by plan reviewers to determine compliance with design standards and construction specifications, and is considered the minimum portion of a tree's extensive root system that must be protected during construction. Applicable to tree preservation. Cul-de-sac. A local street having one (1) outlet and terminated on the opposite end by a vehicular turn-around. ~• Day Care Center. A child-care facility that provides care for more than twelve (12) children under fourteen (14) years of age for less than twenty-four (24) hours a day. This definition shall not include kindergartens, prekindergartens, and schools listed elsewhere in this Chapter. Dedication. The act of conveying property to the public for use by the public for streets, parks, drainage, utility, or other public purposes. Density. The ratio of the total number of dwelling units to the land area of the total site area, less any right-of-way dedication. Commonly expressed as "dwelling units per acre." Development. All improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved areas, and areas devoted to exterior display, storage, or activities. Development includes improved open areas such as plazas and walkways, but does not include natural geologic forms or unimproved land. Also, the construction or reconstruction of a building or road; the placement of a structure on land; the excavation, mining, dredging, grading, or filling of land; the removal of vegetation from land; or the deposit of refuse or waste on land. Development does not include: (a) lawn and yard care, including mowing, gardening, tree care, and maintenance of landscaped areas; (b) removal of trees or vegetation damaged by natural forces; (c) agricultural activity that is not prohibited by this Land Development Code; or (d) the repair, maintenance, or installation of a utility, drainage or street system that does not disturb land or increase impervious cover. Development Review Committee. The committee designated by the City Manager that serves as an advisory committee to the Planning & Zoning Commission and has responsibility for providing comments and recommendations on subdivision plats, zoning change applications, site plan proposals and other development related requests. The Development Review Committee (DRC) may also submit comments and recommendations on the vacation of public rights-of-way and easements. Dilapidated or Deteriorated Condition. For the purposes of sign regulations, a situation where the structural support or frame members are visibly bent, broken, dented, deteriorated or torn to such an extent that a danger of injury to persons or property is created; or where the sign or the structure is not in compliance with a building or construction code adopted by the City. Director of Public Services. The chief executive responsible for administration of this Land Development Code, or his designee. Diameter. The thickness of a tree trunk measured perpendicular to its axis at four and one-half feet (4'/z) above the surrounding grade, measured, if the tree is on a slope, from the high side of the slope and measured above or below unusual swells in the trunk. For replacement trees, diameter is measured at a point one foot (1) above the soil line of the tree. Applicable to tree preservation and landscape requirements. To determine the diameter of a multi-trunk tree, add the diameter of the largest trunk to one half ('/z) the diameter of each additional trunk. A multi-trunk tree is distinguished from individual trees growing from common rootstock if there is a visible connection between the trunks above ground. Dripline. The ground area on which an imaginary vertical line which runs through the outermost portion of the crown of a tree extends to the ground. Dwelling Unit. A room, suite or set of rooms occupied, or suitable for occupancy, as a family residence, and having sleeping, kitchen and bathroom facilities, together with appropriate appurtenances and designed for use and used as a permanent residence for one family. Dwelling Unit Size. The living area of a dwelling unit, expressed in square feet, and typically being the heated and air conditioned areas exclusive of breezeways, basements, open and closed porches, common corridors, parking areas, parking garages and accessory buildings. Dwelling, Attached. A dwelling unit which is joined to another dwelling unit sharing one or more common walls. Dwelling, Duplex. A structure that contains two attached dwelling units that share a common wall and are designed exclusively for the use and occupancy of two families living independent of each other. Dwelling, Multi-Family. A building or portion thereof arranged, intended or designated for occupancy by three or more families, including, but not limited to, apartment houses, townhouses, row houses, tenements, apartment hotels, flats, condominiums, fraternity and sorority houses and other group quarters. Dwelling, Single Family Detached. A structure containing one dwelling unit, other than a mobile home, which is entirely surrounded by open space on the same building lot and is designed for the use and occupancy by one family. Dwelling. A building or portion thereof designed and used exclusively for residential occupancy, but not including motels, hotels, lodging houses or house trailers. Ee Easement. Aright given by the owner of land to another party for specific limited use of that land without actual ownership of the land. Engineer. A person a person who has been duly licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in Texas. Engineer shall include professional engineer, registered engineer, registered professional engineer, licensed professional engineer, or licensed engineer. Erector Erection. To build, construct, attach, hang, place, suspend or affix a sign to or paint a sign on the exterior surface of a building or structure. The term includes the repair or alteration of a sign where the cost of repair is more than sixty- percent (60) of the cost of erecting a new sign of the same type at the same location. Applicable to sign regulations. Existing Development. For water and wastewater impact fees, all development within the service area which has a water or wastewater tap on the City's water or sewer system or on another centralized water or sewer system, as of the date of the adoption of this Chapter; and for roadways, all development within the service area for which a building permit has been issued and which has not expired. Extraterritorial Jurisdiction. The unincorporated area that is contiguous to the corporate boundaries of the municipality as defined in Chapter 42 of the Texas Local Government Code. Ff Facility Expansion. The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. Facing or Sun`ace. The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. Family. One or more persons who are related by blood, marriage, or adoption living together and occupying a single housekeeping unit with single kitchen facilities. Also, a group of not more than fifteen (15) persons, excluding servants, living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on anon-profit cost-sharing basis. Family Home. A home that provides regular care in the caretaker's own residence for not more than six (6) children under fourteen (14) years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six (6) additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed twelve (12) at any given time, and is duly registered by the State of Texas as required by Chapter 42 of the Human Resources Code. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker. Children who are related to the caretaker includes the children, grandchildren, siblings, great- grandchildren, first cousins, nieces, or nephews of the caretaker, whether by affinity or consanguinity or as the result of a relationship created by court decree. Fence. A barrier closing or bordering a field, yard, etc., usually made of posts, wire or wood, used to prevent entrance, to confine, or to mark a boundary. An open fence is one in which the vertical surface is not less than seventy (70) percent open. A solid fence is one in which the vertical surface is not greater than thirty- (30) percent open, and may be considered as a screening element. Fire Lane. An all weather hard-paved surface which an emergency orfire-fighting vehicle may pass without obstruction or interference. Flag. Apiece of cloth, usually rectangular, of distinctive color and design, used as a symbol, a standard, a signal or an emblem. Flag Lot. A lot which does not meet the minimum frontage requirements and is accessed by a narrow portion of land. Flood Plain. The land adjacent to a river, stream, or watercourse or other area that is susceptible to being inundated by flood waters from any source. Gg Garage, Private. A detached accessory building or portion of a dwelling that is designed or used for the sheltering of a private motor vehicle and storage of household equipment incidental to the residential occupancy and which is fully enclosed and roofed. The term does not include carport. Garage, Public. A building or place other than a private garage where motor vehicles are kept or stored for remuneration or repair. Grade. For buildings having walls facing one street only, the elevation of the sidewalk at the center of the wall adjoining the street. For buildings having walls facing more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the street. For buildings having no walls facing the street, the average level of the finished surface of the ground adjacent to the exterior wall of the building. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as facing the street. Where no sidewalk has been constructed, the Building Official shall establish such sidewalk level or its equivalent for the purpose of establishing the grade. Gross Floor Area. The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, attics, carports or garages that are not designed for residential or business occupancy. Gross Surface Area. The entire area within a single continuous perimeter forming a rectangle enclosing the extreme limits of each sign. In the event two or more signs share a single structure, each sign or panel may be considered separately for the square footage purposes, provided that each sign or panel has no relationship to the other, except that the combined footage of such signs may not exceed the total square footage allowed for the sign. Applicable to sign regulations. Ground Cover. Low growing, dense spreading plants typically planted from containers. Growth-Related Costs. Capital construction costs of service related to providing additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities. Growth-related costs do not include (a) construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (b) repair, operation, or maintenance of existing or new capital improvements or facility expansions; (c) upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards; (d) upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development, (e) administrative and operating costs of the City; and (f) principal payments and interest or other finance charges on bonds or other indebtedness, except for such payments for growth-related facilities contained in the capital improvements program. Gymnastics School. A privately operated facility that provides special physical training in gymnastic arts, martial arts, dance, and other indoor sports to students enrolled for the purpose of learning such skills and which is not open to the general public for the purpose of providing entertainment or amusement for a fee, but which may be opened to the general public during competitive exhibitions in which students of the gymnastics school are registered. ~~ Height of Buildings. The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (a) the highest point of the roof surface for a flat roof; (b) to the deck line of mansard roofs; or (c) to the mean height level between eaves and ridge for hip and gable roofs. The height of a building shall exclude chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level. Height of Signs. The vertical distance measured from the surrounding grade to the top of the sign. Home Occupation. Any use customarily conducted entirely within a dwelling, provided that such use is carried on solely by residents of the dwelling, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character of the dwelling, and shows no external evidence of such use. Hotel. A building or group of buildings, of which the main function is to provide rooms for temporary lodging where entrance to each room is gained from a completely enclosed area and which structure shall also contain a restaurant and conference rooms, and may also include various personal service shops. li - Jj Illuminated Sign. A sign which has characters, letters, figures, designs or outlines illuminated by electrical lights, luminous tubes or other means. Illumination, Direct. Lighting by means of an unshielded light source, including neon tubing, strobes, etc., which is effectively visible as part of the sign, where the light travels directly from the source to the viewers eye. Illumination, Indirect. Lighting by means of a light source, not itself visible, which is directed at a reflecting surface in such a way as to illuminate the sign, or a light source which is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, e.g., parking lot lights or lights inside a building which may silhouette a window sign but which are primarily installed to serve as inside illumination. Illumination, Internal. Lighting by means of a light source which is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs that are themselves made of a translucent material. Impact Fee. Charge or assessment to be imposed by the City upon new development to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to new development. The term includes amortized charges, lump-sum charges, capital recovery fees, contributions in aid of construction, and any other fee that functions as described by this definition. Impact fees do not include dedication of rights-of-way or easements, or construction or dedication of site-related water distribution or wastewater collection facilities, or streets, sidewalks, or curbs if the dedication or construction is required by other valid ordinances of the City and is necessitated by and attributable to the new development; or lot or acreage fees placed in trust for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines. Institution. Buildings, land or structures used by an organized body, religious group or society for anon-profit, non-commercial purpose. The term may include hospital, library, college, university, convent, monastery or similar use. Irrigation System. A method of providing the proper amount of water for the particular type of plant material used. Junk. Material including, but not limited to, scrap iron, scrap tin, scrap brass, scrap copper, scrap lead, scrap zinc and other metals and their alloys; bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane parts, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. Junk or Salvage Yard. A lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A junkyard includes an automobile wrecking yard and automobile parts yard. Kk Kennel. A place where dogs, cats or other domesticated animals are housed, groomed, bred, boarded, trained, harbored, kept or sold for commercial purposes, including pet stores or municipal animal shelters. Kindergarten. A school for children of preschool age, the work of which is purely preliminary to the work of the public and private school, and which could include a planned program of games, songs, social exercises and object lessons. Kiosk. A nonresidential commercial accessory building which provides a retail function by serving walk-up or drive-up traffic rather than inside sales service or drive-in service. LI Land Planner. A person skilled in the art and science of arranging and designing the layout of land so as to create adequate and desirable building sites, a coordinated street system and space appropriate to the efficient removal of storm water and the provision of public services and utilities all consistent with the long-range goals and the objectives of the city plan. Land Use Assumptions. Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a 10-year period, adopted by the City, as may be amended from time to time, upon which the capital improvement plan is based. Landscaping. Any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land. Large Commercial Building. A building containing one or more commercial businesses and having a building footprint of forty thousand (40,000) square feet, or more. ~o-oo-~2asi ~vosioo) Lawn Grasses. Thin blade surface growing plants typically planted from seed, sprigs, plugs or sod. Legal Non-conforming Use, Building or Lot. A use, building or lot existing legally at the time of the passage of this Land Development Code which does not by reason of design, use, or dimensions conform to the regulations of the district in which it is situated. A use, building, or lot established after the passage of this Land Development Code, which does not conform to regulations of the district in which it is situated, shall be considered an illegal nonconforming use, building or lot. Light Sources. Neon lights, fluorescent lights, incandescent lights, and any reflecting surface, which, because of its construction and/or placement becomes in effect a source of light emission. Living Unit Equivalent (LUE). For water and wastewater, basis for establishing equivalency among and within various customer classes based upon the relationship of the continuous duty maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous duty maximum flow rate in gallons per minute fora 3/4" diameter simple water meter, using American Water Works Association C700-C703 standards. Loading Space, Off-Street. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Logo. A design or insignia of an organization, individual, company, product which is commonly used in advertising to identify that organization, individual, company or product. Lot Area. The gross area of the lot, expressed in square feet or acres, which is bounded by its perimeter property lines. Lot Coverage. The percentage of the total lot area occupied by the footprint of the buildings located on the lot. Lot Depth. The mean horizontal distance between the front lot line and the rear lot line of a building lot measured perpendicular to the front lot line at the center of the lot or on a radial when the front line is curved. Lot Line, Front. The boundary between a lot and the street on which it fronts. Lot Line, Rear. The boundary line that is opposite and most distant from the front street line; except that in the case of uncertainty the Building Official shall determine the rear line. Lot Line, Side. Any lot boundary line not a front or rear line thereof. Aside line may be a common lot line, a line bordering on an alley or place or side street line. Lot Line. The property boundary of a building lot. Lot of Record. A lot which is part of a subdivision the plat of which has been recorded in the office of the County Clerk of Tarrant County, Texas. Also, a lot or parcel described by metes and bounds, the description of which has been so recorded prior to May 16, 1978. Lot Width. The minimum distance between the side lot lines of a building lot measured at the front building line or chord length when the front of the lot is curved. Lot, Adjacent. Any lot, parcel or piece of land that shares with the lot under consideration a common lot line, alley or any point of tangency. Lot, Corner. A lot abutting upon two or more streets. A corner lot shall fronton that street on which it has its least dimension, unless otherwise specified by the Building Official. Lot, Double Frontage. A lot, other than a corner lot, which adjoins two streets that are opposite each other and which are parallel or within forty-five degrees of being parallel to each other. On a double frontage lot, both street lines shall be deemed front lot lines, except as otherwise provided. Lot, Interior. A lot other than a corner lot with frontage on only one street. Lot. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, area, and open space, which is identified by a lot number or symbol in an approved subdivision plat which has been properly filed of record in Tarrant County. Major Street. A street designated on the adopted city plan as a thoroughfare, boulevard, freeway, highway, expressway, parkway or scenic route or any other traffic artery having regional continuity. Master Plan. See Comprehensive Plan. Mausoleum. A building or other structure used as a place for the interment of the dead in sealed crypts or compartments. Mini-Warehouse. A building wherein household goods, vehicles, furniture and similar items are temporarily stored in separately occupied, secured storage areas or lockers which are generally accessible by means of individual loading doors. Mobile Home. A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system. Travel trailers, pick-up coaches, motor homes, camping trailers and recreational vehicles are not included in this definition. Mobile Home Park. A unified development of mobile home sites, plots or stands as arranged on a large tract under single ownership, meeting the area and setback requirements of this Land Development Code, and designed to accommodate mobile homes for a permanent duration. A trailer park is a mobile home park. Mortuary. A facility in which dead bodies are prepared for burial or cremation or funeral services are conducted. Motorcycle. A usually two-wheeled self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this ordinance, motorbikes, motor scooters, mopeds, and similar vehicles are classified as motorcycles. ~L New Development. Subdivision of land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units. New development includes the sale of water taps resulting from the conversion of an individual well to the City's water utility and the sale of wastewater taps resulting from the conversion of an individual septic or other individual waste disposal system to the City's wastewater utility. Nonconforming Lot. A lot or tract of land which does not conform to the width, depth, or area requirements of this Land Development Code and which lawfully existed at the time the regulations with which it does not conform became effective. Nonconforming Structure. A building, structure or portion thereof which does not conform to the height, area or yard regulations of this Land Development Code and which lawfully existed at the time the regulations with which it does not conform became effective. Nonconforming Use. A building or structure or use of land lawfully occupied by a use at the time of the effective date of this Land Development Code or amendments thereto, which does not conform to the regulations of the district in which it is situated: Non-Residential Zoning District. The zoning districts designated as AG, CPO, CN, CC1, CC2, CC3, ML, PUD-C, or PUD-I zoning district, the primary use of which is for non-residential purposes, as shown on the official zoning map of the City of Colleyville. Non-Structural Trim. The retainer, battens, capping, nailing strips, latticing and platforms which are attached to the sign structure. Applicable to sign regulations. OD Office. A facility for the regular transaction of business, wherein services are performed involving predominantly administrative, professional or clerical operations not specifically listed elsewhere in this Land Development Code. Office activities include professional offices, financial institutions, employment agencies and medical offices. Off-Premise Sign. A sign which is used or intended to be used to attract attention to activities, commodities, services or other endeavors not offered on the premises on which the sign is located. Offset. The amount of the reduction of an impact fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the City's subdivision regulations or requirements. On-Premise Sign. A sign which promotes or advertises activities, commodities, services or endeavors which are offered on the premises on which such sign is located. Open Space. A space not occupied by a structure, open to the sky except for the ordinary projections of cornices, eaves or porches, and on the same lot with the building or structures. Outdoor Display of Merchandise. Any display of merchandise outside of the structure on the property in which such merchandise is sold, stored, or maintained, whether said display is for the purposes of sale or advertisement. Outdoor Storage or Open Storage. The storage of any equipment, machines, commodities, raw or semi-finished materials, and building materials, which are not within a fully enclosed building. PP - 61q Park. Land dedicated to or purchased by the City for the purpose of providing public recreational and/or open areas. A facility or area for recreational, cultural or aesthetic uses owned or operated by a public agency and available to the general public. Parking Space, Off-Street. An enclosed or unenclosed all-weather surfaced area of not less than one hundred eighty square feet not on a public street or alley, together with an all weather surfaced driveway connecting the area with a street or alley, permitting free ingress and egress without encroachment on the street or alley. Pennant. A wind device, usually triangular in shape and attached to a single cord. Planned Development. Development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development, and is developed with special zoning standards that are unique to a particular site and which usually vary from those standards required for other zoning districts. Planning and Zoning Commission. The advisory body appointed by the City Council which is authorized to develop a comprehensive plan, recommend changes in the Land Development Code, review and approve subdivision plats, and otherwise perform the duties authorized by the City Charter. Plat. A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Colleyville. Reference to a plat in the ordinance means an official plat of record that has been approved by the City and filed in the plat records of Tarrant County. Plat, Amending. A map, drawing, or chart prepared to show a minor change of an existing subdivision to a lot line or correction of an error such that the changes are not substantive, and no new lots are created. Plat, Final. A map, drawing, or chart prepared according to the provisions of this Land Deve-opment Code, and containing all engineering and legal data, dedications, and certificates necessary to the recording of same in the maps and plats records of the county. Plat, Minor. A subdivision of not more than four lots, which fronts on an existing street and does not require the creation of any new street or the extension of municipal facilities, which allows a short form process that eliminates the need for a preliminary plat. Plat, Preliminary. A map, drawing, or chart showing the proposed arrangement of streets, lots, easements, and other public spaces in the subdivision. Platted Property. Property that has been divided into lots and blocks, rights-of-way dedicated and shown on a map that has been filed in the plat records of Tarrant County. Porch. An open, covered or enclosed gallery or room on the outside of a building Porte-cochere. A roof-like structure usually extending over a circular driveway at the entrance of a building, which provides an entrance and an exit for automotive vehicles. A porte-cochere is generally designed as an integral part of the principal structure, is not used for the storage of automotive vehicles, and differs from a carport. Premises. Land together with any buildings or structures occupying all or any portion of the land. Principal Building. The building or buildings on a lot which are occupied by the primary use. Private or Parochial School. An institution of learning having a curriculum equivalent to public schools, and which meets the same license and certification as required of public schools. A private or parochial school does not include specialty schools such as dance, music, beauty, mechanical, trade, swim or commercial schools. Public Utility. Any corporation or authority franchised by the City of Colleyville to provide water, sewer, solid waste collection, natural gas, electricity, telecommunication or similar services on a community-wide basis. .r Registered Public Surveyor. An individual registered as a professional land surveyor by the Texas Board of Professional Land Surveying. Religious Institution. A facility or area for people to gather together for public worship, religious training, or other religious activities, including a church, temple, mosque, synagogue, convent, monastery or other structure, together with its accessory structures, including a parsonage, manse or rectory. This definition does not include home meetings or other religious activities conducted in a privately occupied residence. Residential Districts. A zoning district designated as RE, R40, R30, R20, RI 5, RD, RMF or any PUD-R, or any residential zoning district, the primary purpose of which is residential in nature as shown on the official zoning district map of the City of Colleyville. Residential Setback Envelope. The portion of a residential lot which lies between the front setback and rear setback of a residential lot. Applicable only to tree preservation plans and grading/drainage plans for residential subdivisions. Restaurant. A business serving unpackaged food and beverages to customers seated primarily inside the building and including cafes, tea rooms, bistros and cafeterias. Restaurants do not include lounges, bars, taverns or night clubs. Right-of-Way. A legally established area or strip of land, either public or private, on which an irrevocable right of passage has been recorded, and which is occupied or intended to be occupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use. Roadway Facility. Arterial or collector streets or roads that have been designated on an officially adopted roadway plan of the City, together with all necessary appurtenances. Roadway facilities do not include any roadways or associated improvements designated on the federal or Texas highway system. Roadway facility also excludes dedication of rights-of-way or easements or construction or dedication of on-site streets, sidewalks or curbs required by valid ordinances of the City and necessitated by and attributable to the new development. Roadway Facility Expansion. Expansion of the capacity of any existing roadway improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing roadway facility to serve existing development. Roadway Improvements Plan. Portion of the CIP, as may be amended from time to time, which identifies the roadway facilities or roadway facility expansions and their associated growth-related costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of roadway impact fees pursuant to this Chapter. Ss School. A public or private facility having an academic curriculum approved by the Texas Education Agency. Screening Element. A solid material constructed of brick, masonry, or of a concrete or metal frame, or wood, or base that supports a permanent type material, the vertical surface of which is not more than thirty (30) percent open. Also, any dense evergreen hedge or plant material suitable for providing a visual barrier. Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in combination with a fence, wall, hedge or other dense planting material. Search Light. An apparatus for projecting a beam or beams of light, in excess of 2,000,000 peak candlepower or 250,000 lumen. Servant's Quarters. An accessory dwelling not rented or otherwise used as a separate domicile in a residential district for the sole use and occupancy of a member of the immediate family or persons employed on the premises by the occupant on a full-time basis as domestic help, such as a maid, chauffeur, cook or gardener. Service Area. For water and wastewater facilities, the area within the corporate boundaries of the City and within the extraterritorial jurisdiction as defined by the Municipal Annexation Act (Article 970a, Vernon's Texas Civil Statutes), and for roadway facilities, the area within the corporate boundaries of the City, to be served by the water, wastewater or roadway capital improvements or facilities expansions specified in the capital improvements program applicable to the service area. Service Unit. Standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions; for water and wastewater facilities, the service unit is a living unit equivalent, for roadway facilities, the service unit is the (vehicle) trip. Setback, Building. See Building Line. Shrubs. Woody plants which grow vertically in amulti-branched pattern. Sign. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located. A sign may include, but is not limited to, flag, banner, pennant, beacon, light, logo, insignia, name, number, identification, illuminated strip or accent, and outdoor display of merchandise. Sign Ground. A sign that is erected on a vertical framework consisting of two or more uprights supported by the ground. Sign, A-Frame. A freestanding sign constructed of two panels in the form of an A or inverted V, with a maximum angle between the panels of forty-five degrees. Sign, Agricultural. A sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry that are raised, quartered or sold thereon. Sign, Amenity. A sign advertising options, features, or conveniences offered by a business and installed in a temporary manner. Sign, Apartment. A sign identifying an apartment building or complex of apartment buildings. Sign, Awning. An awning displaying a business name or logo. Sign, Billboard. A sign that promotes or advertises commodities or services, and the erection or maintenance of the sign is the primary use of the land upon which the sign is located. A billboard sign shall include, but is not limited to, those signs whose message space is available for lease, rent or hire, separate and apart from any commodity or service which is not limited to being offered solely on the premises on which such sign is located. Sign, Changing (Automatic). A sign such as an electronically or electrically controlled public service time, temperature, and date sign, message center or reader board, where different copy changes are shown on the same lamp bank. Sign, Construction. A temporary, sign identifying the property owner, architect, contractor subcontractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premises on which the sign is located. Sign, Development. A temporary, on-site promotional sign pertaining to the development of land or construction of buildings on the site where the sign is erected. In residential districts, the intent of the sign shall be to promote asub-division and not any particular builder. Sign, Directory. A sign listing the occupants within a shopping center, industrial site, retail district, office districts, and commercial sites located on the same premises. Sign, Fence. A sign which is affixed or attached to a fence, whether permanent or temporary. Sign, Flashing. A sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or any externally mounted light source. Sign, General Business. A sign which is used to identify a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located. Sign, Ground (Temporary). A sign which has a display surface comprised of non-permanent letters which allows a change of copy by adding or removing letters and is temporarily fixed to a vertical framework consisting of two or more uprights and which is designed to be readily movable from site to site. Sign, Identification. A sign that is used to identify shopping centers, industrial sites, retail districts, commercial subdivisions and commercial sites. Sign, Illegal Non-conforming. A sign which was in violation of any of the ordinances of the City of Colleyville governing the erection or construction of such a sign at the time of its erection, and which has never been erected or displayed in conformance with all such ordinances, including this code, and which shall include signs which are pasted, nailed, painted or otherwise unlawfully displayed upon structures, utility poles, trees, fences or other structures. Sign, Inflatable. A hollow sign expanded or enlarged by the use of air or gas. Sign, Institutional. A sign used to identify schools, churches, hospitals or similar public or quasi- public institutions. Sign, Legal Non-conforming. A sign which was lawfully erected and maintained prior to the enactment of the Sign Code and any amendments thereto, and which does not conform to all of the applicable regulations and restrictions of the Sign Code. Sign, Marquee. A permanent structure which is attached to and supported by a building and which projects outward from the building. Sign, Model Home. A temporary sign identifying a new home, either furnished or unfurnished, as being the builder or contractors model open to the public for inspection. Sign, Monument. A sign mounted on a solid base or pedestal with no visible space between the sign and the bass or pedestal. The sign is not mounted on visible poles, struts, wires, or other visible structures. The sign base or pedestal may be constructed of any solid material. The sign shall be a minimum of 4-1/2 inches thick, and the base or pedestal shall be a minimum of 6 inches thick. Sign, Multi-Purpose. An identification sign combined with a directory sign and/or a reader board sign. Sign, Nameplates. A sign which identifies only the name of an individual, firm, or corporation, which is attached to a structure and may contain the suite number or other directory information concerning the location of the individual, firm or corporation within the building. Sign, Obsolete. A sign that previously was a legal sign, or a legal, non-conforming sign but the commodity and/or service promoted or advertised by said sign is no longer offered in accordance with the content of the sign. Sign, Pole. A sign supported by a single, free-standing pole, and having no guys or braces. Sign, Political. A sign which promotes a political issue or a particular candidate for public office. Also, a sign of any political party, group, or idea; or a sign announcing the candidacy of any individual for any public office. Sign, Portable. A sign that is not attached or affixed to the ground, a building or other fixed structure or object. Portable signs include those signs installed on wheels, trailers, skids and similar mobile structures. Sign, Private Sale. A temporary sign used to announce a sale on a private homeowner's property. The following include, but are not limited to estate sales, garage sales, porch sales, rummage sales, sample sales, and yard sales. Sign, Projecting. A sign, except an awning, which projects from a building, and has one end attached to a building or other permanent structure. Sign, Pylon. A sign supported by two or more free-standing poles, and having no guys or braces. Sign, Reader Board. A sign comprised of non-permanent letters that allows a change of sign copy by adding or removing letters. Sign, Real Estate. A temporary or permanent sign pertaining to the sale or rental of property, and advertising property only for use for which it is legally zoned. Sign, Roof. A sign erected upon or above a roof or parapet of a building or structure. Signs, Seasonal/Special Sales. A sign which is temporary and is limited to a specific activity or in the celebration of holidays or other special events. Sign, Subdivision Directional. A sign which is both temporary and directional in nature. Such signs may be placed during the weekends only, from 12:00 noon on Friday to 12:00 noon on Monday. Such signs may be located on or off premise. Text on such signs may only contain the name of the subdivision, which must be located within the City of Colleyville, Texas. Sign, Subdivision Wall Plaque. A permanently affixed sign attached to the entryway or perimeter wall of a subdivision to identify the subdivision by a name or logo Sign, Temporary. A sign which includes, but is not limited to, a sign, banner, pennant, flag, searchlight, inflatable, outside display of merchandise or similar device which is to be displayed for a limited period of time. Sign, Vehicle Mounted. A sign displayed upon a trailer, van, truck, automobile, bus, railroad car, tractor, semi-trailer or other vehicle, whether or not such vehicle is in operable condition. Sign, Wall. A sign erected flat against an exterior wall, supported by the wall, and having the sign face parallel to and not more than twelve inches from the wall surface. Neon tubing attached directly to a wall surface shall be considered a wall sign. Sign, Window. A sign, banner, poster, or display located on the internal and/or external surface of the window of any establishment which advertises services, products or sales available within said establishment or which announces the opening of said establishment. Site Plan. A detailed drawing clearly describing a project and showing sufficient information to determine the nature of the proposed development and providing adequate information to determine compliance with applicable codes and ordinances. Site-related Facility. Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water, wastewater or roadway facilities to serve the new development, and which is not included in the capital improvements plan, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. Spa or Hot Tub. A pool type facility that incorporates water jets or an aeration system for hydro massage and includes such industry terminology as whirlpool or hot tub. Special Exception. A use that would not be generally appropriate or without restriction throughout the zoning district but which, if controlled as to number, area, location, intensity or relation to the neighborhood, would or could be compatible therein and promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as special exceptions by the Zoning Board of Adjustment. Special Use Permit. A permit authorized by the City Council for the use of land or structure. All Special Use Permits are subject to the conditions and standards specified in each amending ordinance as enacted by the City Council. Spot Zoning. A small parcel of land singled out for special treatment or privileges not in harmony with the other use classifications in the area and without any apparent circumstances that call for different treatment. Story. That part of a building included between the surface of one floor and the surface of the floor next above, or if there is no floor above, that part of the building which is above the surface of the highest floor thereof. Atop story attic is considered a halfstory when the main line of the eaves is not higher than the middle of the interior height of the attic. The first story is the highest story having its interior floor surface not more than four (4) feet above the curb level established or mean street grade or average ground level. Street. A thoroughfare or public driveway, other than an alley, which has been dedicated or deeded to the public for general use and affords a principal means of vehicular or other access to property abutting thereon. Street Line. A dividing line between a lot, tract or parcel and a contiguous street Street, Private. A street that has no publicly dedicated right-of-way. Structural Alterations. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial changes in the roofs or exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including, openings in bearing walls as permitted by the city building code. Structure. Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including but without limiting the generality of this definition, buildings, signs, fences, flagpoles, radio towers and light poles Subdivision. The division of any lot, tract, or parcel of land into two (2) or more lots or sites for the purpose of sale or of building development, whether immediate or future. The term includes re-subdivision, but does not include the division of land for agricultural purposes in parcels or tracts of five (5) acres or more and not involving any new street, alley, or easement of access. When appropriate to context, the term subdivision shall relate to the process of subdividing or to the land subdivided. Swimming Pool. Any constructed or prefabricated pool that is twenty-four or more inches in depth and used for swimming or bathing. System-related Facility. A capital improvement or facility expansion which is designated in the Capital Improvements Plan and which is not a site related facility. Asystem-related facility may include a capital improvement that is located offsite, within or on the perimeter of the development site. Tt - Vu Tap Purchase. The filing with the City of a written application for a water or wastewater tap and the acceptance of applicable fees by the City. The term "tap purchase" shall not be applicable to a meter purchased for and exclusively dedicated to fire protection. Telecommunication Tower. A structure of greater than thirty-five feet in height built solely for supporting airwave transmission and/or receiving equipment. Temporary Construction Office. A structure for shelter used in connection with a development or building project for housing or the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Tent. A structure, enclosure or shelter constructed of fabric or pliable material supported by any manner except by air or the contents it protects. ~0-o2-~sso- 02/26/02) Travel Trailer. A mobile vehicle built on a chassis and designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by passenger motor vehicle or other prime mover and not requiring special permit for moving on the highway, as contrasted to a mobile home. Tree (Heritage). Any existing tree listed as an approved replacement tree in Chapter 5 and whose diameter is at least 50% of the diameter of its representative species on the Big Tree Registry, as published by the Texas Forest Service. Tree (Protected). Aself-supporting woody perennial plant which has attained a trunk diameter of six (6) inches or more when measured at a point four and one-half (4'/2) feet above the surrounding grade and normally having an overall height of at least fifteen (15) feet at maturity, usually with a single elongated main stem with few or no branches on its lower part. Tree species that do no meet this definition include: Mesquite, Hackberry and Chinese Tallow. Trip. The single operation of a single vehicle which has as its origin or destination a point within the service area. The operation of a vehicle that travels from an origin outside the service area to a destination outside the service area without leaving the public right of way is not counted as a trip. Use by Right. Aland use allowed by the Table of Permitted Uses in one of the various zoning districts without any special conditions or requiring additional action by the City Council. Use. The purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained, as described in the Table of Permitted Uses. Vv-Xx Vacation. To cancel or rescind, an act, which has the effect of voiding a subdivision plat as recorded in the Tarrant County Plat Records. Variance. An adjustment in the application of a specific zoning regulation to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Vehicle Sales Area. An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars or sale or keeping of used car parts or junk on the premises. Veterinarian Clinic. A facility for the prevention, treatment, minor surgery, cure or alleviation of disease and/or injury in animals, specifically domestic animals, where animals remain overnight inside the clinic for recovery only, and no overnight boarding of animals is conducted. Waiver. An action by the City that provides relief from the Land Development Code to the degree determined by the City in the action, as provided for within the Code. A waiver is not considered a variance. Warehouse. A structure primarily used for the storage of merchandise or commodities. Wastewater Facility. Improvement for providing wastewater service, including, but not limited to, land or easements, treatment facilities, lift stations, or interceptor mains. Wastewater facility excludes wastewater lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Wastewater facilities also exclude dedication of rights-of-way or easements or construction or dedication of onsite wastewater collection facilities required by valid ordinances of the City and necessitated by and attributable to the new development. Wastewater Facility Expansion. Expansion of the capacity of any existing wastewater improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development. Wastewater Improvements Plan. Portion of the CIP, as may be amended from time to time, which identifies the wastewater facilities or wastewater facility expansions and their associated growth-related costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this Chapter. Water Facility. Improvement for providing water service, including, but not limited to, land or easements, water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains. Water facility excludes water lines or mains that are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the City and necessitated by and attributable to the new development. Water Facility Expansion. Expansion of the capacity of any existing water improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development. Water Improvements Plan. Portion of the CIP, as may be amended from time to time, which identifies the water facilities or water facility expansions and their associated growth-related costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this Chapter. Yy-Zz Yard, Front. The area extending across the entire width of the lot between the front lot line and the front building line The depth of front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Yard, Rear. The area extending across the entire width of the lot and situated between the rear lot line and the rear building line. The depth of a rear yard shall be measured in such a manner that the yard established is a strip of land with the minimum width required by district regulations with its inner edge parallel with the rear lot line. Yard, Side. The area lying between the side lot line and the side yard building line, and extending from the front yard to the rear yard. The width of a side yard shall be measured in such a manner that the yard established is a strip of land with the minimum width required by district regulations with its inner edge parallel with the side lot line. Yard, Street. The lot area which lies between the street right of way and the actual front wall line of the building and as imaginatively extended from the outward corners of the building, parallel to the street to the side lot lines. Steps and unenclosed porches shall be excluded, but such wall line shall include any irregular building indentations. On corner lots, the street yard shall consist of all lot area between both streets and their corresponding actual front building wall lines, as such lines are imaginatively extended in the manner described above. When there are multiple buildings on a lot, the street yard shall consist of all the area between the street right of way and any imaginary line beginning at one side of the lot, running parallel to the street, connecting to the foremost corner of the building wall fronting the street and nearest such side lot line, then following and connecting the foremost walls of all buildings fronting the street, and then extending parallel to the street side lot line. If a building has a rounded front, the front building wall corners shall be the points closest to the side boundaries. Isolated buildings (e.g. fast food restaurants in a shopping center, photo processing drop-offs, bank drive through, etc.) shall not be considered in delineating street yards. On land used only for off-street parking purposes, the street yard shall consist of the entire lot. Yard. An open space on the same building lot with a building, unoccupied and unobstructed from the ground upward, except for fences or walls. Zoning District Map. The official certified map or maps upon which the boundaries of the various zoning districts are drawn, and which is an integral part of the Land Development Code. Zoning District. Contiguous areas containing one or more parcels of land having the same zoning classification. Also, a section of the City for which the regulations governing the area, height and use of buildings and land are uniform. Zoning. Control on the use and development of land, whether improved or not, by the City for the supposed benefit of citizens in the community and the public welfare. Control is accomplished through zoning restrictions and development standards. Ord. Number Date Sub'ect 0-00-1249 11/08/00 Added Lar a Commercial Buildin definition 0-02-1330 02/26/02 Tents 0-09-xxxx 11/3/2009 Amended Tree related definitions as art of Cha ter 5 amendments Exhibit "B" __ Chapter 5 Tree Preservation ___ _ _ _ __ __ (11/03/2009) The intent of this Chapter is to encourage site planning which furthers the preservation of trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long term viability of existing trees; and to control the removal of trees when necessary. It is the further intent of this Chapter to achieve the following broader objectives: Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of the City. Protect and increase the value of residential and commercial properties within the City. Prohibit the indiscriminate clear cutting of property. The regulations contained in this Chapter have been adopted under the authority of Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of Colleyville, which authorizes 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 development as required by this Land Development Code may request a variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code. Definitions applicable to this Chapter may be found in Chapter 2 -Definitions of this Land Development Code. No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy through damaging the roots, trunk or canopy, any tree situated on property regulated by this Chapter without first obtaining a tree removal permit, unless otherwise exempted by the provisions of this Chapter. .. .. The terms and provisions of this Chapter shall apply to real properties, persons and trees as follows: A. Properties which are regulated by this Chapter: 1. Any real property upon which any protected tree is located. 2. Any property for which a final plat has not been submitted on the date of this Chapter. 3. Any property for which construction plans have not been submitted on the effective date of this Chapter. 4. All municipal /public domain property. The Administrative Official is responsible for the review and approval or disapproval of all requests for tree removal permits. The request shall be submitted in accordance with the requirements specified herein. A. Tree Removal Permit: A request for a tree removal permit must be submitted and approved prior to the removal of any tree. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a tree removal permit has been issued. B. Fees: All tree removal permits shall be accompanied by a check made payable to the City of Colleyville in the amount established by the schedule of fees approved by the City Council. C. An application involving a limited portion of a site may be based on an exhibit showing only that portion of the site. D. Aerial photographs interpretation may supplant the ground survey for preliminary analyses of large scale developments, such as subdivisions, utility corridors and golf courses, at the discretion of the Administrative Official. E. Any tree removal permit request that requires the removal of a protected tree shall be accompanied by a tree preservation plan. F. The items required on a tree preservation plan shall include but not be necessarily limited to: 1. Title Block: includes street address; legal description (lot and block, subdivision name); date or revised date, north arrow; graphic (and written) scale; name, address, telephone number of owner and of person preparing the exhibit. 2. Location of all existing or proposed structures, improvements and site uses including pavement and landscaping, setback, easements and service connections, all properly dimensioned and referenced to property lines, 3. Existing and proposed site elevations, grades and major contours. Construction details of permanent grade changes around all trees. 4. Location of trunks and canopies of all existing trees, graphically differentiating between the trees to remain and those to be removed. A plus (+) character shall indicate trunk location and concentric circle shall indicate the size and canopy configuration. 5. Proposed general areas or locations of the replacement trees. 6. Locations of all critical root zones as defined in Chapter 2 -Definitions. G. Tree information required shall be summarized in tabular form on the preservation plan (see example below) and shall include: 1. The list of trees to be removed. 2. The total diameter of trees to be removed. 3. Replacement trees listed by species name, quantity, size and total diameter required for replacement of trees. (See Section 5.13 for replacement tree list.) Exam le of Tree Surve and Miti ation Table to Be Insert ed on Preservation Plan Number Caliper Number of Caliper Replacement Tree Number Total of Inches Non- Inches Non- Trees_to be Species of Trees Caliper Exempt.. Exempt to be Exempt Exempt to Planted on Site Inches Trees Removed Trees be Removed (3" Caliper) Removed Removed Red Oak 12 108 3 42 1 12 4 Post Oak 35 350 18 168 2 24 8 Cedar 10 89 1 12 0 0 0 Pecan 5 75 0 0 5 75 25 TOTAL 62 622 22 222 8 111 37 H_ Tree protection notes and details shall be included on site plans, subdivision plans or landscape plans and always included with the bid documents given to the contractor. (See Section 5.12) I. Appeals: Any decision made by the Administrative Official with regard to a request for a tree removal permit may be appealed by any party to the Planning and Zoning Commission. All actions of the Commission shall be final. J. Permit Validity: Permits for tree removal issued in connection with a building permit, subdivision plan and site plan shall be valid for the period of that building permit's or site plan's validity. Permits for tree removal not issued in connection with a building permit, subdivision or a site plan shall become void ninety (90) days after the issue date on the permit. TREE PRESERVATION PERMITTING PROCESS j I ~ PlattlnC of Subdrvls.on vnthout I>Istting of Subdivision vvith ! Acticn ~ Prcposed Construclion ' i Proposed Corstruc[ion I Apphcatior for Tree Removal, F-- of Proposed PuWlc Streets ~ of Proposed Publi Streets Bt.~lding. a Grading Permit ~ UtiH[ies. or Other Infras'ructure ~ Utilities o~ Other lotrastrudure ~ i r --- 1_ - -1 i--, Apples To 1,... ___ _.~ -- Prelrinlnary plats Final plats 0.5na Plats l- Tres Surveyor AerWl ' Required Plan - Pn«olnoiwnnyOennat I Tree Coverage ~- ---~ prYiminary P!a1s Final Plars i hyror Plats T Prespvan¢n Pbn RseiASnl 14r tMwieMne PIWetlR lential LOlz PlatteA COnmercal L¢ts I _~ 1 _. i ~~.Tr¢e Presser.-Awn Plan A. Minimum Existing Tree Preservation Requirements: When any new construction occurs, there shall be a minimum number of trees protected on the property. For new residential subdivisions, the entire boundary of the subdivision shall be considered as one property for the purpose of this section. The chart below shall be used to determine the minimum protection requirements: Existing Tree Coverage Preservation Requirements: Percentage of existing protected tree coverage Minimum percentage of the existing protected tree coverage to be preserved 0% - 20% 70% 20.1 - 40% 60% 40.1 % - 60% 50% 60.1 % - 80% 40% 80.1% -100% 30% Protected trees located within any of the exempted areas specified in section C below may be credited toward the minimum existing preservation coverage requirements in the above table such that no more than 50% of the existing protected trees may be credited within an exempt area. NOTE: The minimum preservation coverage requirements listed above may not be mitigated for as described in Section 5.10. B. Preservation of Heritage Trees: Heritage Trees, as defined in Chapter 2 -Definitions, may not be classified as exempted trees, regardless of whether or not they are located in an exempted area as defined in the sections below. C. Exempted Areas, Persons and Tree Species from preservation requirements: New Residential Subdivisions with Street Dedications: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Rights-of-way of newly dedicated streets b. Easements c. Residential setback envelope d. NOTE: When submitting a new residential subdivision plat, the Planning and Zoning Commission may evaluate whether an alternate street layout and grading plan which complies with alt City subdivision standards would result in substantially greater tree preservation. In the event such an alternate layout is determined by the Commission to be a reasonable use of the land then the applicant may substitute said alternative plan without being required to submit a new Preliminary Plat application. If, however, the applicant does not substitute said alternate layout or another acceptable plat to the Commission, failure of the applicant to do so shall be a basis for denial of the applicant's application. 2. Platted Residential Lots: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Residential setback envelope 3. Platted Commercial Lots: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Trees located within the new commercial building footprint. 4. Exempted Tree Species: The following tree species shall be exempt from the tree preservation requirements of this chapter: a. Mesquite b. Hackberry c. Chinese Tallow 5. Exempted Persons: The following persons are exempt from the provisions of this Chapter only to the extent of their control over the particular class of properties and trees described below. Persons exempt from the provisions shall not be required to obtain tree removal permits. a. An employee of the City of Colleyville, a public utility or an authorized contractor working in a dedicated public right-of way may in the course of business, remove or prune that portion of a tree which prohibits the safe construction, repair or maintenance of a service line or facility. b. The resident of a single family home may remove all or a portion of a tree which exists on the lot of record on which the single family home is built. c. A property owner or his authorized contractor, employee or tenant may remove a tree which has become severely diseased or damaged to the extent that it is beyond the point of recovery or is in danger of falling, as determined by the Administrative Official. d. All landscape nurserymen shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the nursery premises which are planted and grown for the sale or intended sale to the general public. e. Any person may remove all or a portion of a tree which has disrupted a public utility service due to tornado, storm, flood, or other act of God, but only that portion of the tree which is necessary to safely restore normal utility service. f. The following persons shall be exempt from the tree replacement provisions of this Chapter. However, such persons shall provide tree protection and replacements as per this Chapter for all remaining trees in non-exempt areas. (1) A person performing work authorized by a building permit in the residential buildable area. (2) A person performing work authorized by an approved site plan in the commercial building footprint. (3) A person performing work authorized by the approved grading and drainage plan in the residential setback envelope. (4) An employee of the City of Colleyville, a public utility or a person performing work authorized by an approved subdivision plat or a separate dedication instrument in a dedicated public right-of-way, drainage or utility easement. A major purpose of this Chapter is to protect all trees which are not removed and to allow approved construction to occur. The following procedures shall apply to all types of construction projects which involve development around trees. The following procedures are deemed appropriate in the situations noted; however, unique circumstances may allow modifications if deemed necessary by the Administrative Official. A. Prohibited Activities: The following activities shall be prohibited with the limits of the drip line of any tree which is subject to the requirements of this Chapter. 1. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the drip line of any tree. 2. Equipment Cleaning /liquid disposal: No equipment may be cleaned or other liquids deposited within the limits of the dripline of a tree. This would include but not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. 3. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature shall be attached to any tree. 4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is allowed within the limits of the dripline of trees. B. Pre-Construction: The ensuing procedures shalt be followed prior to construction. 1. Tree Flagging: All trees to be removed from the construction site shall be flagged with bright red vinyl tape wrapped around the main trunk at a height of four feet (4') or more such that the tape is visible to workers on foot or driving equipment. 2. Protective Fencing: All protected trees shall have protective fencing located at the tree's drip line. The protective fencing may be comprised of snow fencing, orange vinyl construction fencing, chain link fence or other similar fencing with afour-foot (4') approximate height. The protective fencing may be located within the drip line of the specimen tree for approved construction only. The fencing shall follow the delineation of the approved construction. 3. Bark Protection: in situations where a tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk with lumber encircled with wire or other means that does not damage the tree. 4. Construction Pruning: In a case where a low hanging limb may be broken during the course of construction, the obtrusive limb may be cut. The limb shall be cut either flush to the trunk on or at the next joint of the limb. The wound shall then be sealed with pruning paint. In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of the entire canopy without the Administrative Official's prior approval. C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that trees slated for preservation have some encroachment on their critical root zone, as defined in Chapter 2 -Definitions. The following is the minimum design criteria which is allowed within the critical root zone of a tree. Development exceeding the criteria would put the tree at risk and therefore no longer be considered a preserved tree. In such a case replacement trees shall also be required. Grade Changes: In the event that grade changes must be made around a tree or group of trees, the following shall be implemented in order to maintain oxygen and water exchange within the tree's critical root zone. a. A minimum of seventy-five percent (75%) of the critical root zone must be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a preserved tree. b. No cut or fill greater than two inches (2") shall be located closer to the tree trunk than one half (1/2) of the radius of the critical root zone radius distance. c. Increase Grade: Provide an aeration system just outside the tree's drip line. A dry well located a minimum of one-half (1/2) of the radius of the critical root zone. d. Decrease Grade: Provide retaining walls outside the dripline to mitigate cuts. 2. Boring of Utilities: May be permitted under protected trees in certain circumstances. The minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth of forty-eight inches (48"). 3. Trenching: irrigation systems shall be designed to avoid trenching across the critical root zone of any tree. 4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree may be covered with impervious paving. The pavement and the cut and fill for the pavement is to not exceed one-half (1/2) of the critical root zone radius distance. Any protected tree which is six inches (6") or greater that is removed, destroyed or more than 50% damaged and does not meet the exemption provisions of this chapter shall be mitigated per the requirements of this section. In the event that the loss of a protected tree requires mitigation, the party responsible for mitigation shall either replace the protected tree(s) by planting new trees, pay a mitigation fee or a combination of both. For the purpose of this Chapter, trees removed within any City right-of-way or other City owned property by anyone not exempted by Section 5.8(C)5 shall be mitigated per the requirements of this section and other applicable City ordinances. The mitigation authorized by this section is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated. A. Mitigation Through Planting New Replacement Trees: A sufficient number and diameter of replacement trees shall be planted in order to equal the total diameter inches or fraction thereof of trees six inches (6") or greater and slated for removal. 1. Replacement trees shall be a minimum of three inches (3") diameter when measured one foot (1') above the soil line and a minimum of eight feet (8') in height when planted. Examples- a. A total of 18" diameter to be removed shall be replaced with 6 - 3" diameter trees. b. A total of 19" diameter to be removed shall be replaced with 7 - 3" trees or 5 - 3", trees and 1-4" tree. 2. All replacement trees shall be a species listed on the replacement tree list and guaranteed for one year from the date of the final inspection and acceptance of the project. 3. The location of replacement trees is restricted from utility easements and rights-of- way. The location shall not be in an area such that the mature canopy of the tree will interfere with overhead utility lines. No trees shall be planted within ten feet (10') of a fire hydrant. 4. Replacement trees should be planted on the site from which existing trees are to be removed. If this is not feasible, an applicant may initiate a proposal to plant trees off- site. This may be approved if the planting site is no more than one-half mile from the site where the original trees were removed. 5. Replacement trees shall be planted prior to the issuance of the certificate of Occupancy or project release. Optimum planting times do not always correspond to project completion. For that reason, replacement tree plantings may take place after the project is released by the City; provided, that before project release, a fiscal security is posted in the amount equal to the prevailing rate for installed trees with a one (1) year guarantee, plus fifteen percent (15%) to cover administrative cost. B. Mitigation Through Payment of Fee: A monetary fee of $250.00 per diameter inch of the trees} removed or damaged shall be assessed and paid to the City of Colleyville. All mitigation fees shall be deposited into the City's Tree Preservation Fund. C. Mitigation of Heritage Trees: Heritage Trees, as defined in Chapter 2 -Definitions and noted in Section 5.8: 1. A monetary fee of $500.00 per diameter inch of the Heritage Tree removed or damaged shall be assessed and paid to the City of Colleyville and deposited into the City's Tree Preservation Fund, or; 2. If replacement trees are to be planted, the total amount of replacement inches to be planted shall be in an amount that is twice the diameter inches of the Heritage Tree(s) removed and shall, otherwise, meet the requirements of Section A above. D. Colleyville Tree Preservation Fund: All mitigation fees shall be paid into the Colleyville Tree Preservation Fund. The fund shall be administered by the City Manager or his/her designee and shall only be used for the planting of new trees on City owned or leased properties, rights-of-way and other public properties such as public schools, county and State properties located within the City of Colleyville. E. Penalty for Violation: Any person violating or failing to comply with any provision or requirement of this Chapter, including but not limited to the mitigation requirements of this section, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount of $2,000.00. A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. The following is the list of appropriate and approved replacement trees which have been selected on the basis of their suitability in the urban environment of North East Tarrant County. REPLACEMENT-TREE LIST SCREENING TREES ORNAMENTAL TREES MEDIUM AND LARGE TREES PALMS ARBORVITAE BLUE POINT JUNIPER AMERICAN ELM CALIFORNIA FAN PALM BLUE POINT JUNIPER CAROLINA BUCKTHORN ARISTOCRAT PEAR MEXICAN FAN PALM CHINESE PHOTINIA CAROLINA CHERRY LAUREL ARIZONA CYPRESS NEEDLE PALM CAROLINA CHERRY LAUREL CREPE MYRTLE BALD CYPRESS SABAL PALM EAST PALATKA HOLLY DECIDUOUS HOLLY BOIS D' ARC WINDMILL PALM EASTERN RED CEDAR DESERT WILLOW BUR OAK LITTLE GEM MAGNOLIA EAST PALATKA HOLLY CEDAR ELM NELLIE R. STEVENS HOLLY FIG CHINESE PISTACHE SAVANNAH HOLLY ITALIAN CYPRESS CHINQUAPIN OAK WAX MYRTLE JAPANESE MAPLE DEODAR CEDAR YAUPON HOLLY LACEY OAK EASTERN RED CEDAR MEXICAN BUCKEYE EVE'S NECKLACE NELLIE R. STEVENS HOLLY FOREST PANSY REDBUD OKLAHOMA REDBUD GINKGO BILOBA SAVANNAH HOLLY LACEBARK ELM SUMAC LITTLE GEM MAGNOLIA TEXAS MOUNTAIN LAUREL LIVE OAK VITEX PECAN WAX MYRTLE PERSIMMON YAUPON HOLLY SHANTUNG MAPLE SHUMARD RED OAK SOUTHERN MAGNOLIA Section 5.12 Construction Plan Requirements ,'~ The following notes shall be required as a part of all construction plans. 1. All trees shown on this plan to be preserved shall be protected during construction with temporary fencing. Tree protection fences shall be installed prior to the commencement of any site preparation work (clearing, grubbing or grading). 2. Fences shall completely surround the tree or clusters of trees. The fence shall be located at the outermost limits of the tree branches or dripline. The fence will be maintained throughout the construction project in order to prevent the following. A. Soil compaction in the critical root zone resulting from vehicular traffic or storage of equipment or materials. B. Critical root zone disturbances due to grade changes greater than two inches (2") cut or fill or boring which was not authorized by the City. C. Wounds to the trunk, limbs or exposed roots by mechanical equipment. D. Other activities detrimental to trees such as chemical storage, cement trunk cleaning, and fires. 3. In cases of area constraints where the protective fence is closer to the trunk than four feet (4'), the trunk must be protected with strapped-on planking to a height of eight feet (8') or to the limits of the lower branching. 4. All grading within critical root zones of protected trees shall be performed by hand or small equipment to minimize damage. Prior to grading, relocate the protective fencing to two feet (2') behind the grade change area. 5. Trees most heavily impacted by construction activities should be watered deeply once a week during periods of hot and dry weather. Tree crowns should be sprayed with water periodically to reduce dust accumulation on the leaves. 6. Trenching for landscape irrigation shall be located as far from the existing trunks as possible. Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before construction begins. Reserved for listing of amendments to this Chapter. Ord. Number Date Sub'ect 0-00-1214 4-18-00 Ado tion of Tree Preservation in Land Develo ment Code 0-09-xxxx 11-3-09 Amendments to Chapter 5 based on recommendations of consultant ~v a' ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 t,„~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3157 File Number: R-09-3157 Version: 1 Requester: Fire Department File Type: Resolution Agenda Date: 10/20/2009 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of the purchase of two fire apparatus from Martin Apparatus, Inc. in the amount of $1,908,231, and authorize the City Manager to execute the contract Attachments: Martin Apparatus, Inc. Proposal Letter Resolution R-09-3157.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/20/2009 City Council Title Approval of the purchase of two fire apparatus from Martin Apparatus, Inc. in the amount of $1,908,231, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing As part of the Fiscal Year 2010 (FY 2010) General Fund budget requests, the Fire Department requested to purchase two new fire apparatus to replace two existing fire apparatus that are 14 and 24 years old, respectively. The first fire apparatus was approved to be purchased from the Colleyville Tomorrow Fund. Staff's initial plan was to lease purchase the second fire apparatus over a period of 10 years with the initial first two annual payments coming from the Debt Service Fund available cash. Upon further research and investigation, staff has determined that in order to achieve the greatest cost savings in vehicle purchase discounts and to minimize interest costs, the best course of action is to prepay purchase the second fire apparatus using General Fund available cash and take out a 10 year secured loan upon delivery of the second fire apparatus to repay the funds used from General Fund available cash. When the second fire apparatus is delivered, a 10 year secured loan will be obtained and the loan proceeds will be used to replenish available cash funds to their previous levels. During this 10-11 month period the days of available cash in the General Fund reserves will be reduced from 148 days of operating funds to 129 days of operating funds. Upon receipt of the loan, days of operating cash reserve will return to pre-purchase levels. Financial Impact It has been determined that the total cost associated with this item is $1,908,231; $926,993 will be allocated from the Colleyville Tomorrow Fund and $981,238 will be allocated from City of Colleyville Page 1 Printed on 10/15/2009 Agenda Briefing Continued (R-09-3157) the General Fund fund balance with a future reimbursement from a loan to be repaid from the Debt Service Fund. Recommendation Approval City of Colleyville Page 2 Printed on 10/15/2009 MARTIN APPARATUS, INC. ~~'~ 3500 Shelby Lane Denton, TX 76207 Colleyville Fire Department September 2, 2009 5209 Colleyville Blvd. Colleyville, TX 76034 Re: Proposal for One (1) new Pierce Custom 95' Midmount Platform (1) new Pierce Custom 105' Heavy Duty Aerial Martin Apparatus Inc., the licensed and authorized dealer for Pierce Manufacturing Inc. in the State of Texas and in the State of Louisiana, is pleased to provide the following proposal for TWO new Pierce Aerial apparatus. This proposal is based on the accompanying proposal specifications, which are tailored to meet your needs. The proposal pricing is based on current HGAC (Houston Galveston Area Council) and/or BUYBOARD proposal pricing and includes the fees associated with either a HGAC or a BUYBOARD purchase. Two (2) new Pierce Custom Aerial Apparatus and Platform $1,908,231.00 Prepayment discounts are included. See last page for payment details. The proposal pricing includes the delivery cost from Appleton, Wisconsin. Travel expenses for your personnel travel to our factory are included in this proposal. Delivery time for the proposed unit will be within 10-11 months from the date of order which will be the date that a Purchase Order and pre-payment, (if this option is taken) is received by Martin Apparatus Inc. This proposal is valid for until November 30th 2009. Tax is not included in this proposal. In the event that the purchasing organization is not exempt from Sales Taxes or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Payment is due to Martin Apparatus Inc. upon acceptance of the apparatus at the factory. Payment must be remitted to: Payment Mailing Address Payment Wiring lnformadon Martin Apparatus Inc., JP Morgan Chase Bank, N.A. P.O. Box 975262 Dallas, TX 75201 Dallas, TX 75397-5262 Account # 724367016 Routing #: 111000614 26-1557803 Fed Tax ID Page 1 of 3 Any changes to the original specification will be invoiced or credited as a separate transaction from the original proposal. A late fee of .033% per day will be charged for overdue payments for the first 30 days and a fee of .044% per day thereafter. In the event that the purchase order is cancelled or terminated by a party before completion, Martin Apparatus Inc. may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10% of the Purchase Price after order is accepted and entered by Pierce; (b) 20% of the Purchase Price after completion of the approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Martin Apparatus Inc. endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Martin Apparatus Inc. upon sale of the product to another purchaser, plus any costs incurred by Martin Apparatus Inc. to conduct any such sale." In an effort to ensure that the above stated terms and conditions are understood and adhered to, Martin Apparatus Inc. requires that an authorized individual from the purchasing organization sign and date this proposal cover letter and include it will any purchase orders or contracts. In the event that the purchasing organization has regulations or procedures that do not coincide with the terms and conditions of this proposal, any and all deviations must be submitted to Martin Apparatus Inc. for written approval. An authorized representative of Martin Apparatus Inc. must agree to each and every deviation, in writing, via an amended copy of this proposal cover letter which will then, in turn, require a dated signature from the purchasing organization. Sincerely, Travis Own by 817 454 5394 cell phone 800-784-6806 -Houston Office Toll Free townby@martinapparatus.com -email I, ,representing , desire to purchase the equipment listed on this proposal cover letter and agree to the terms of this proposal. Signature Date Page 2 of 3 Prepayment table Truck #1 Colleyville 105' Aerial Apparatus price no discounts Chassis discount see below for payment Aerial discount 100% prepay discount 974,942.00 -9,175.00 -5, 032.00 -23, 742.00 Apparatus price with discounts Trade in (E-One) Apparatus price with all discounts and trades 936, 993.00 -10,000.00 926,993.00 Chassis prepay amount of $293, 789 Aerial Prepay amount of $243, 802 100% prepay of $926,993 due net 15 of contract signing Truck #2 Colleyville 95' Midmount Platform Apparatus price no discounts 1,099,976.00 Chassis discount see below for payment -9,256.00 Aerial discount -8,655.00 100% prepay discount -25,827.00 Apparatus price with discounts 1,056,238.00 Trade in (Quality pumper) -35,000.00 Multi truck discount -40,000.00 Apparatus price with all discounts and trades 981,238.00 Chassis prepay amount of $308, 535 Aerial Prepay amount of $411, 899 100% prepay of $981,238 due net 15 of contract signing Multi Truck discount only applicable if contract is for both units Apparatus Purchase Price 2 trucks 2,074,918.00 Total Discounts (2 trucks) -121,687.00 Total Trade in value (2 trucks) -45,000.00 Total Apparatus cost 1,908,231.00 Truck # 1 shall be paid in full $927,993 by customer to receive discounts. Truck # 2 shall be financed for an amount of $981,238 and paid to Pierce within 15 days of contract signing to receive all discounts. Prepayment not required for truck number two if the customer chooses to pay cost without prepayment discounts on delivery. Page 3 of 3 RESOLUTION R-09-3157 A RESOLUTION AUTHORIZING THE PURCHASE OF TWO FIRE APPARATUS FROM MARTIN APPARATUS, INCORPORATED, IN THE AMOUNT OF $1,908,231.00; ALLOCATING $926,933.00 FROM THE COLLEYVILLE TOMORROW FUND AND $981,238.00 FROM THE GENERAL FUND WITH A FUTURE REIMBURSEMENT FROM A LOAN TO BE REPAID FROM THE DEBT SERVICE FUND WHEREAS, the City of Colleyville has received a proposal for the purchase of one (1) Pierce Custom 95' Midmount Platform fire apparatus and one (1) Pierce Custom 105' heavy duty aerial fire apparatus; and WHEREAS, the proposal pricing is based on current Houston Galveston Area Council (HGAC) and BUYBOARD pricing and provides costs savings of approximately $80,472.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council authorizes the purchase of one (1) Pierce Custom 95' Midmount Platform fire apparatus and one (1) Pierce Custom 105' heavy duty aerial fire apparatus. Sec. 2. THAT funding for the purchase of the two apparatus will be allocated as follows: $926,933.00 from the Colleyville Tomorrow Fund; $981,238.00 from the General Fund with a future reimbursement from a loan to be repaid from the Debt Service Fund. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ~°~'' L+~ty ~f CO~~e~/V~~~e 1000 Mlain Street ;:~~~ ~~~ ~- Colleyville, Texas 76034 ~~ ~~ Agenda Briefing 817.503.1000 vaww.colleyville.com File Number: R-09-3158 File Number: R-09-3158 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 10/20/2009 Agenda No.: 7b Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of changing the dates of regular City Council meetings in November 2009 and March 2010 Attachments: Resolution R-09-3158.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/20/2009 City Council Title Consideration of changing the dates of regular City Council meetings in November 2009 and March 2010 Explanation Reading and Public Hearing In accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. The City Council meetings are normally held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. The City Council may consider changing the dates of City Council meetings as follows: The first regular City Council meeting of November 3, 2009, to Wednesday, November 4, 2009, due to the state and local elections. The second regular City Council meeting of March 16, 2010, to Tuesday, March 23, 2010, due to the Grapevine-Colleyville Independent School District spring break. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Prinfed on 10/9/2009 RESOLUTION R-09-3158 A RESOLUTION CHANGING THE DATES OF REGULAR CITY COUNCIL MEETINGS IN NOVEMBER 2009 AND MARCH 2010 WHEREAS, in accordance with the City Charter, the City Council shall meet regularly at least twice in every month at such times as a City Council may prescribe by rule; and. WHEREAS, historically, the City Council meetings are held the first and third Tuesday of each month except when those dates may conflict with an event or holiday; and WHEREAS, the state and local elections will be held Tuesday, November 3, 2009; and WHEREAS, the Grapevine-Colleyville Independent School District spring break is the third week of March 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the first regular City Council meeting in November 2009 will be held Wednesday, November 4, 2009. Sec. 2. THAT the second regular City Council meeting in March 2010 will be held Tuesday, March 23, 2010. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND ABSTENTIONS, 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor :.~ ~, City of Colleyville 100 Main Street Colleyville, Texas 76034 7.,.,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 10/20/2009 Requester: Office of the City Agenda No.: 9 Secretary File Name: Reports -October 20, 2009 Controlling Body: City Council Final Action: Attachments: Library Board Minutes -August 10, 2009 Planning and Zoning Commission Minutes - September 14, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/20/2009 City Council Title Library Board Minutes -August 10, 2009 Planning and Zoning Commission Minutes -September 14, 2009 City of Colleyville Page 1 Printed on 10/13/2009 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES August 10, 2009 CALL TO ORDER -Chair Jerome Davis called the meeting of the Colleyville Public Library Board to order at 7:04 p.m. ROLL CALL -Members present: Pat Jones, Karen Birkes, Jerome Davis, Richard Roxburgh, Mary Alice Rippe and Nancy Bowen Members Absent: Steve Isbell Alternates Present: Thad Bolline Ex-Officio Members Present: Kay Newton and Cecilia Monacelli Ex-Officio Members Absent: Steve Banta, Dr. Larry Darlage, Mayor David Kelly, Jorge Rodriguez, and Mary Smith Staff present: Kelly Cooper and Mary Rodne II. APPROVAL OF JUNE 8, 2009 MINUTES - A motion was made by Nancy Bowen and seconded by Richard Roxburgh to approve the June 08, 2009 Minutes as presented. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library Usage Statistics, for review and discussion. In June and July, patrons had checked out a total of 66,458 items, 372 Colleyville residents registered for library cards, library patron visits totaled 34,142, attendance for programs totaled 8,332 and volunteer hours totaled 1,814 hours. Rodne noted that the total circulation of library materials this year was 11 % higher than the total circulation of library materials last year at this time. Rodne added that June's circulation of 34,086 had been the highest monthly circulation, to date. b. Donations Director Rodne reported that the Library had received a total of $1,515 in donations in June and July. In June, the donations included: $100 from Ann Maddux for the purchase of a CD book, and $25 from Abby Sherck for the purchase of books in memory of Dulce Moore. In July, donations included: $15 from Scholastic Books for the purchase of books, $1, 200 from the Colleyville Public Library Foundation for the balance of the Early Literacy Computer Stations, and $75 from several City staff members for the purchase of books in memory of Dulce Moore. Rodne added that the Library had received a total of $400 in donations to honor the memory of Mrs. Moore, and noted that the funding would be used to purchase books about Texas history. C. Library Programs 1. Summer Reading Program Director Rodne reported that the Summer Reading Program, Libraries: Deep in the Heart of Texas, had ended on August 1 and that the Summer Reading Program Finale was held on August 6. Around 1,300 had attended the finale program, which featured a real cattle drive, photos on a longhorn, games, crafts and face painting, etc. A total of 1,436, 1,310 children, 90 adults, and 36 teens, had participated in the Summer Reading Program. Around 9,632 had attended 71 library sponsored programs. Rodne noted that the Chess Club had been a very popular program again this summer and that a Northeast Tarrant Libraries Chess Club Tournament was scheduled to be held at the North Richland Hills Public Library on August 29, 2009. Rodne also noted that all Summer Reading Program statistics had reached record-breaking numbers. The Board reviewed the statistics and discussed the outstanding community response to the program. Rodne also updated the Board on the Library's very successful summer volunteer program. Rodne added that volunteer hours in June and July totaled 1,814 hours, and that all of the community volunteers had contributed much to the overall success of the Summer Reading Program. 2. Children & Youth Conference for North Texas Libraries Library Director Mary Rodne announced that she would be doing a presentation on the Colleyville Public Library Chess Club during a session entitled, King, Pawn, Rook, Castling, Checkmate, Stalemate, at the 2009 third annual North Texas Children and Youth Conference for North Texas Libraries on Thursday, August 13, 2009, at the Lockheed Martin Recreation Area in Fort Worth. IV. LIBRARY BOARD APPOINTMENTS UPDATE Director Mary Rodne reported that the City Council would be considering appointments to the Library Board at the September 15, 2009, City Council meeting. It was noted that there were five (5) positions on the Library Board, which had terms expiring in September of 2009. V. CITY OF COLLEYVILLE FY2010 BUDGET SCHEDULE UPDATE Assistant City Manager Kelly Cooper presented an update on the City of Colleyville FY 2010 Budget Schedule and noted that the proposed FY2010 Budget had been discussed by City Council during a Worksession on August 5, 2009. Additionally, Cooper reported that the City Council would be adopting the FY2010 budget at the September 1 and September 15, 2009, City Council meetings. Vt. COLLEYVILLE PUBLIC LIBRARY SPATIAL REORGANIZATION PLAN UPDATE Director Rodne provided an update on Spatial Reorganization Plan activities that had occurred since staff had presented an overview of the Spatial Reorganization Project at a Joint City Council and Library Board Meeting on July 9, 2009. It was noted that on August 4, 2009, staff had prepared and presented an estimate of additional operational costs for the development of the Library's second floor to the City Council. The financial projection of estimated additional operational costs for development of the Library's second floor revealed that this enhancement would be 10% of the Library's current operating budget. It was noted that Library services to the residents of Colleyville would be enhanced at a minimal cost and a potential source of funding could be the Colleyville Economic Development Corporation (CEDC) annual operating budget. In conclusion, Rodne noted that staff would be making presentations on the Library Spatial Reorganization Plan to the Colleyville Economic Development Corporation (CEDC) Board during their meetings on August 11, 2009 and August 25, 2009. VII. DISCUSSION AND CONSIDERATION OF LIBRARY FEE STRUCTURE Director Rodne reported that the City Council would be adopting all fees pertaining to the Library for the FY2010 budget at the September 1 and September 15, 2009, City Council meetings, and presented the Colleyville Public Library fee structure for review and discussion. Discussion ensued. Nancy Bowen made a motion to approve the recommended changes as presented to the current schedules for the FY2010 budget. Karen Birkes seconded the motion. Motion approved unanimously. VIII. REVIEW AND DISCUSSION OF THE COLLEYVILLE PUBLIC LIBRARY CIRCULATION POLICY Director Rodne presented the Circulation Policy with proposed changes to lost and damaged materials, drive-up window service and overdue materials. Discussion ensued. A motion was made by Pat Jones and seconded by Nancy Bowen to approve the revised Circulation Policy as presented. Motion approved unanimously. IX. REVIEW AND DISCUSSION OF THE COLLEYVILLE PUBLIC LIBRARY STUDY ROOM POLICY Director Mary Rodne presented the Study Room Space Policy with proposed changes to room reservation options for review and discussion. Karen Birkes made a motion to approve the revised Study Room Policy as presented and Thad Bolline seconded the motion. Motion approved unanimously. X. COLLEYVILLE PUBLIC LIBRARY ACCESSIBILITY PILOT PROJECT Director Rodne reported that the Colleyville Public Library had been asked to participate in an "Expanding Accessibility" project for libraries in North Texas. In the project purpose, it was noted that the American Disabilities Act (ADA) was passed over 20 years ago, and that there are many potential library users in communities whose disabilities may be limiting their access to library services and programs. Rodne noted that the North Texas Regional Library System project will help expand accessibility to pilot project libraries by providing resources, which will enable the entities to enhance accessibility services and promote that libraries are thinking inclusively. Rodne added that the project libraries would be allowed to request up to $5000 in accessibility enhancement tools and noted that the library would be partnering with the Colleyville Lions Club to sponsor a Visual Accessibility Fair in early 2010. Rodne added that funding up to $1,000 was also being provided to promote the Fair. Additionally, it was noted that the Colleyville Library would be requesting large screen computer monitors, large print computer keyboards and ZoomText software. XI. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Kay Newton presented a report which highlighted the activities of the Friends of the Library. Newton reported that the Friends of the Library had held an Annual Meeting on June 23, 2009, and that the Executive Board officers for 2009-2010 had been elected. Newton also noted that the Friends had assisted with the Summer Reading Program, and had sponsored a successful Scholastic Book Fair, which allowed Library staff to select merchandise. Newton added that the Library had received another check in the amount of $66.26 from Better World Books, an online bookstore, which the Friends use to sell donated materials online. In closing, Newton invited everyone to an event sponsored by the Celebrity Bakery in Colleyville to recognize local celebrities on August 15, 2009, at 9:00 a.m. It was announced that Kay Newton had been selected as one of the local celebrities who would be recognized at this event. XII. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT President Cecilia Monacelli reported that the Foundation Board had held a meeting in July, and that the Board continued to work on their 2009 annual fundraisers. It was noted that their primary fundraiser, the Race to Read, was scheduled to be held on November 7, 2009, and that plans for the event were well underway. It was noted that Race to Read registration forms would be available by September. Monacelli announced that this year the Foundation was offering a new award, a $500 cash prize award to the non-profit group that has the most participants in the race. In conclusion, Monacelli reported that the Foundation had designated proceeds from the Race to Read event for the purchase of a 3M staff workstation, which would be located by the drive-up service window to facilitate customer service at this service point. XIII. NEXT MEETING DATE Chair Jerome Davis announced that the next Library Board Meeting would be held on October 12, 2009 at 7:00 p.m. in the Library. XIV. SUGGESTED ITEMS FOR FUTURE MEETINGS None XV. CITIZEN COMMENTS None XVI. ADJOURN: A motion was made by Nancy Bowen and seconded by Karen Birkes to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 7:59 p.m. City Hall < < , ,. City of Colleyville 100 Main Street ;;~4f7~ jit°i Colleyville, Texas 76034 Minutes -Final 817.503.1000 ,~;<~~~ www.colleyville.com Planning and Zoning Commission Monday, September 14, 2009 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on September 14, 2009 at 7:05 p.m. Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Jeremy Hutt, Marty Wieder, Sarah Coplen, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Rotthaus. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the July 13, 2009 meeting minutes with the corrections on pages 4, 5, 7 and 8. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly City of Colleyville Page 1 Prinfed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 6. 7. 7a Approval of a sidewalk waiver request on Lot 2, Block 1, Bettinger Place Addition located at 6216 Bettinger Road, Case GC09-014 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn moved to deny the waiver on case GC09-014. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 7b Approval of a sidewalk waiver request on Lot 1, Block 1, HEC Addition and Lot 1 and 2, Block 1, Garden Addition located at 5405, 5503 and 5505 Pleasant Run Road, Case GC09-015 Ron Ruthven presented the case and briefed the Commissioners. Randy Stringer, with the architectural firm representing the applicant, First Baptist Church of Colleyvifle, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mr. Stringer regarding where is the challenge with the culvert or placement of the trail? Mr. Stringer used the drawings on the overhead to show the Commissioners the issues. Commissioner Redfearn questioned Mr. Stringer regarding where are the new structures going to be constructed, on which lot? Mr. Stringer used the drawings again to show the placement of the new buildings. Commissioner Clardy questioned Mr. Stringer regarding what is proposed on parcel 5405 Pleasant Run Road? Mr. Stringer replied on 5405 Pleasant Run Road, the 14,000 square foot youth building is going to be constructed. Commissioner Dudziak questioned Mr. Stringer regarding if there are any plans for 5505 Pleasant Run Road? Mr. Stringer replied it will be open right now. He stated there are master plans for a volleyball court. Mr. Stringer questioned the Commissioners regarding what is the process for the right of way to be adequate? Ron Ruthven replied there is adequate amount of right of way for the placement of the 10' wide trail along all three parcels between the property line and the edge of the CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS City of Colleyville Page 2 Printed on '-vi~siwvy Planning and Zoning Commission Minutes -Final September 14, 2009 pavement on Pleasant Run. He stated there could be issues if Pleasant Run is ever widened. Mr. Stringer questioned if there would be any shared costs? Commissioner Byerly stated that would be an issue to discuss with staff. Commissioner Knox questioned Mr. Stringer regarding if the monument sign is in the right of way or on church property? Mr. Stringer replied the monument sign is on church property. He stated their survey drawings show a 50' right of way, not a 20' right of way. Commissioner Clardy questioned Mr. Stringer if another monument sign is being proposed at the corner of Church Street and Pleasant Run Road? Mr. Stringer replied "correct" and corrected his statement regarding the current monument sign that is in the right of way. Commissioner Redfearn questioned Mr. Stringer if the new monument sign would include the historical marker? Mr. Stringer replied the monument sign would be for the youth of the church for the youth building. He stated the historical marker would stay. He stated the new monument sign would be constructed with some of the bricks from the old school building. Commissioner Phelps questioned staff regarding if the Colleyville Elementary School put in a new sidewalk by these same guidelines and did they have similar issues with the drainage? Jeremy Hutt stated they incorporated the trail section with the design of their site plan with the school. He stated they moved the drainage off the edge of the street farther inside the property to allow for the trail system to be along the curb. Commissioner Phelps questioned staff regarding if this were escrowed, would the city resolve those issues at the time of the improvements of the road? Jeremy Hutt replied those issues would have to be resolved before the construction of the sidewalk. He stated, for clarification, for the width of right of way, there are stipulations in the Land Development Code for situations like this when right of way is not adequate and the applicant is not required to plat, and the applicant is required to dedicate the necessary pedestrian access easement for the construction of the trail. He stated if the trail required additional land, other than what is available inside the right of way, the applicant would be required to be dedicated by separate document granting the access easement. If the trail interfered with the drainage, the drainage would have to be improved. He stated we would not allow the construction of a trail that supercedes the drainage that is in place. Commissioner Phelps questioned staff regarding if the escrow amounts City of Colleyville Page 3 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 are based purely upon the cost of the sidewalk? Jeremy Hutt replied correct, not any drainage improvements or land or right of way purchases. Commissioner Redfearn stated the applicant stated there is no connection running north and south. He questioned staff regarding what is the strategic importance of this particular piece of the trail system? Jeremy Hutt stated the Pleasant Run trail is the one of the higher ranked trails on the list as far as the trail system to be built in the upcoming year. He stated this will have the Village connect to the Cottonbelt Trail system. Commissioner Phelps questioned staff regarding why is there a 7' existing sidewalk on the applicant's plans? Jeremy Hutt reported not knowing, possibly approved with prior construction, maybe existing constraints that he is not aware of that would effect the width of the sidewalk. He stated the plans are to have a 10' trail. Commissioner Phelps questioned staff regarding if the trail would be approved without having to come back for approval? Jeremy Hutt replied staff would have the authority to approve the construction of the trail. Commissioner Redfearn states that because of the definitions set forth in the Land Development Code for structure, these parcels located at 5405, 5503 and 5505 Pleasant Run are subject to the sidewalk requirements. Ron Ruthven concurred. Commissioner Clardy questioned staff if the children, who live on Regina Court or in the Village, go to Bransford Elementary School or Colleyville Elementary School? Ron Ruthven replied not being able to give a definite answer, however, having talked with residents who live in the Village state their children go to Bransford and those who live in Regina Court go to Colleyville Elementary School. He stated there is a boundary line in between the two somewhere. Commissioner Clardy questioned staff regarding if there is a sidewalk between Colleyville Terrace and Regina Court? Ron Ruthven replied no. Commissioner Dudziak moved to deny the waiver request on case GC09-015. Commissioner Clardy seconded. Commissioner Byerly stated this is a key section in the trail. Commissioner Phelps concurred. He questioned staff regarding if in denying the waiver are we allowing the escrow option? Commissioner Byerly stated the code recommends a 10' trail which means they have City of Colleyville Page 4 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 the option to either escrow or build the sidewalk. Ron Ruthven replied in this case if the waiver is denied, construction would be required. City Attorney Kallas stated an escrow can be allowed at this point if the applicant desired an escrow. He stated if the request is denied, then the applicant would be required to construct the trail. Commissioner Phelps stated supporting a motion to escrow that way they have the choice to either escrow or construct the trail. Commissioner Redfearn stated being open to allow escrow and help ensure that the right transitions are completed. He stated there may be some issues as to the amount of right of way. Commissioner Byerly stated being of the opinion that it should be built. He stated there will be a trail there eventually; this is a key section to the trail system. Commissioner Redfearn questioned Commissioner Byerly who would be constructing the rest of the trail? Commissioner Byerly stated either the city or redevelopment. Commissioner Redfearn stated if this is escrowed then the city can build this portion as well. Commissioner Dudziak concurred with Commissioner Byerly. Commissioner Redfearn questioned staff if this is denied and the construction is required, what is the time line for the construction of the trail? Ron Ruthven replied the trail would be required to be in place at the time of the issuance of the certificate of occupancy for the building located at 5405 Pleasant Run. He stated with the other parcels, 5503 Pleasant Run Road and 5505 Pleasant Run Road, it would be required to be constructed at the time of final inspection. The motion carried by the following vote: 7c Aye: 5 -Knox, Dudziak, Clardy, Phelps, Byerly Nay: 2 -Redfearn, Rotthaus Approval of a sidewalk waiver request on Lot 2, Block 1, Hunter Addition located at 6005 Hunter Lane, Case GC09-016 Ron Ruthven presented the case and briefed the Commissioners. Tom and Lori Halverson, the applicants and property owners, came forward to present the case and brief the Commissioners and stated the mention of the sidewalk requirement should have been done at the time of the permit process. Commissioner Redfearn questioned staff regarding what is the permit City of Colleyville Page 5 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 process and being very clear about the various steps in the process? Ron Ruthven replied the applicant should be made aware of at the time of the issuance of a building permit. He stated the building plans are usually stamped with "Sidewalk Required". Commissioner Byerly questioned staff if the sidewalk requirements are made at the time of the development review? Ron Ruthven replied the developer would have been notified at the time of development review during the replat process. He stated not knowing if these property owners were made aware of those notes. Mr. Halverson stated he has a receipt of all fees paid and stated not knowing of the sidewalk fees. He stated the previous property owner stated they had paid the sidewalk escrow fee. He stated that when they purchased this lot, everything was paid. Commissioner Redfearn questioned staff regarding if the notification was not handed down from seller to buyer? Ron Ruthven replied that seems to be the case. He stated they may have never known if their general contractor did not make them aware. He stated the sidewalk escrow is not collected up front because there is an option to construct the sidewalk and typically, the sidewalk is the last item to be constructed. Commissioner Redfearn questioned staff regarding how would the Commissioners know what has been stamped on the plan? Ron Ruthven replied he would have to research the permit to see if the plans were stamped. City Attorney Kallas stated the issue with whether or not the plans were stamped in not as relevant as it may seem. He stated the statutes in the ordinance require the sidewalk and therefore it is not relevant what is stamped on those construction plans. Commissioner Phelps stated being in favor of the waiver request. He stated there is no potential for a sidewalk to be built on this street. Commissioner Byerly stated the option to escrow is there so that the money can be used in other areas of the neighborhood district. Commissioner Byerly moved to deny case GC09-016. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Byerly Nay: 2 -Clardy, Phelps City of Colleyville Page 6 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing and PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres located at 6401 and 6405 Colleyville Boulevard, Case ZC09-010 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the masonry requirement is 75 percent of the entire building? Ron Ruthven replied the exterior of the building would have to be 75 percent brick/masonry and does not include windows. He stated this is a requirement of the code as well as the previous ordinance. Commissioner Phelps questioned staff regarding if the conceptual site plan are an integral part of what is being approved, is there a concern that this conceptual site plan does not conform with the minimum code requirements? Ron Ruthven replied staff would like for them to conform with minimum requirements so that they can be outlined in the ordinance especially with areas such as parking. Commissioner Byerly opened the public hearing at 8:05 p.m. Santos Martinez, the applicant, came forward to present the case and brief the Commissioners. Commissioner Clardy questioned Mr. Martinez if the proposed phase II would be omitting the RV parking? Mr. Martiznez replied yes. Commissioner Dudziak questioned Mr. Martinez regarding if he would be willing to do the mutual access easement? Mr. Martinez replied yes. Commissioner Dudziak questioned Mr. Martinez regarding the 20' buffer along SH26. Mr. Martinez replied they would like to do as much as they can on SH26 for obvious reasons. He stated the only concern they may have is maintaining and dedicating the fire lane on the south side and the landscape buffer on the south side. He stated there may be some areas on the south side that can not meet the 20' buffer. He stated they would do what ever they could to enhance the area along SH26. Commissioner Dudziak stated within this concept they will not be able to fulfill the 20 percent open space. Mr. Martinez stated the biggest part of that is the southern portion and with the dedication of the fire lane, they are limited on their space. City of Colleyville Page 7 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 Commissioner Dudziak questioned Mr. Martinez if additional landscaping would be an option? Mr. Martinez replied they are presenting landscaped zones however, he stated they may be able to accommodate. Commissioner Rotthaus stating he concurs with Commissioner Phelps with regards to the site plan not being consistent with the minimum requirements. He stated having concerns with the amount of parking and if there is room to get the additional spaces that are needed. He stated he wanted to see information regarding the drainage concerns. He stated he would like to see this project tabled so that the requirements can be fulfilled. Mr. Martinez concurred and stated they would work on getting the requirements fulfilled within the code. Commissioner Redfearn questioned Mr. Martinez regarding what would be in front of the offices on SH26? Mr. Martinez replied trees, landscaping and ground cover. He stated they ask a note be placed on the ordinance regarding the landscaping requirements. Commissioner Phelps questioned Mr. Martinez regarding what type of access will be used for the additional phases? Mr. Martinez replied a similar secured access that is in place now. He stated it would be between buildings 3 and 4. Commissioner Byerly questioned Mr. Martinez regarding if there are propane sales currently on the property? Mr. Martinez replied no but rights to propane sales yes. He stated they were allowed within the current ordinance and they would like to keep that use. Commissioner Phelps questioned Mr. Martinez regarding the types of uses. Mr. Martinez replied they would like the uses that are outlined in the ordinance. Commissioner Redfearn questioned Mr. Martinez regarding if there is a housing unit on the storage site? Mr. Martinez replied yes, for the storage facility caretaker. He stated they would like to keep that use. There being no one wishing to speak, the public hearing was closed at 8:28 p.m. Commissioner Clardy questioned staff if a truck rental type operation is on this property, where would those vehicles be stored and would those parking spaces be an addition to the requirements? Ron Ruthven replied those would be an addition to the required parking. Commissioner Byerly questioned staff regarding if the truck/trailer sales would be a minimum of 100 feet and fully screened with permanent City of Colleyville Page 8 Printed on 10/13/ZOOy Planning and Zoning Commission Minutes -Final September 14, 2009 structure, what would a permanent structure be considered, or behind a building? Ron Ruthven replied behind a building. Commissioner Phelps stated he would like to see this brought back at a future date with a site plan which meets the requirements. He stated the elevation should be maintained at it's current level. Commissioner Byerly concurred with Commissioner Phelps and stated he needed to see more information regarding drainage, parking, open space requirements, buffer on SH26, two stories vs. one story vs. three story and the placement of the sale of propane. Commissioner Byerly moved to table case ZC09-010. Commissioner Phelps seconded. Commissioner Dudziak questioned staff regarding the exterior minimum building articulation and masonry content, can that be a cinder block, brick or stone? Ron Ruthven stated masonry is not defined. He stated it could be brick, cut stone or cinder block, among other variations. Commissioner Dudziak stated he does not want a 35' tall, grey cinder block wall facing the neighbor to the south. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly gb Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding what is the width at the narrow portion of the new lot? Ron Ruthven replied approximately 20 feet. Commissioner Phelps questioned the Fire Marshal if all of the fire code requirements have been met with this plat? Ron Ruthven replied the home would have to meet the fire code at the time of building permit. He stated that would include access to fire hydrant, access by fire truck and finally turn around for the fire truck. Commissioner Phelps questioned staff regarding if the applicant is aware of these requirements? Ron Ruthven replied yes. Commissioner Dudziak questioned the Fire Marshal Rob McKeown regarding if there are any concerns with having such an odd configuration shaped flag lot? Rob McKeown replied having access City of Colleyville Page 9 Pnntea on ~unaicvvy Planning and Zoning Commission Minutes -Final September 14, 2009 concerns, however, it does meet the Land Development Code requirements. Commissioner Byerly questioned Rob McKeown regarding if 20 feet is wide enough to get the proper equipment through there? Rob McKeown replied yes. Commissioner Dudziak questioned Rob McKeown regarding what are his concerns? Rob McKeown replied being able to get enough equipment back there, truck placement and being able to get the trucks out. Commissioner Knox questioned Rob McKeown regarding are there any concerns with the hose length? Rob McKeown replied only with the supply line, not with the attack lines. He stated John McCain may have to be shut down in the event of a fire. He also stated the house could be fire sprinkler protected regardless of the square feet of the house. Commissioner Byerly stated the Commission would not be able to make the home owner fire sprinkler the home. City Attorney Kallas concurred. Rob McKeown stated the new State law indicates that he can not adopt a new ordinance requiring the fire suppression system. However, the current ordinance, which was adopted in 2005, states he may require the system. Commissioner Byerly opened the public hearing at 8:44 p.m. Jim Lafferty, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Lafferty regarding the placement of the new home? Mr. Lafferty stated in the approximate area located on the drawing. Commissioner Clardy questioned Mr. Lafferty regarding the parking of the cars for the riding lessons, where are those cars going to be parked? Mr. Lafferty stated not knowing at this time, but the entry to the other lot on John McCain would have to be located further west. There being no one wishing to speak, the public hearing was closed at 8:48 p.m. Commissioner Phelps moved to approve case ZC09-012. Commissioner Knox seconded. Commissioner Dudziak stated having a concern with the flag lot with regards to emergency access. City of Colleyville Page 10 Printed on '-ui~Jicuva Planning and Zoning Commission Minutes -Final September 14, 2009 Commissioner Redfearn concurred with Commissioner Dudziak. Commissioner Byerly concurred as well, however, this lot meets the R40 zoning district requirements and not the AG zoning district requirements. Commissioner Phelps stated they meet the zoning district requirements and the distance requirements for fire safety. He stated having a concern Commissioner Byerly stated those are all platting requirements and the Commission is looking at the rezoning. City Attorney Kallas questioned staff regarding if this could be a PUDR so that the applicant could tailor the request? Ron Ruthven replied yes, however the applicant did not pursue that avenue. He stated the applicant could have rezoned the entire property R40. City Attorney Kallas stated being comfortable with the Commissioner's decision either way. Discussion occurred between the Commissioners regarding the definition of a flag lot. The motion carried by the following vote: Aye: 4 -Knox, Clardy, Rotthaus, Phelps Nay: 3 -Dudziak, Redfearn, Byerly 9. ADJOURNMENT The meeting adjourned at 8:56 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 11, 2009 by 9:00 a.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on October 12, 2009. City of Colleyville Page 11 Printed on 10/13/2009 RESOLUTION R-09-3159 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF OCTOBER 20, 2009 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 BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor