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City Council-Agenda Packets-11/4/2009
~,. , _~4l` ,, .., City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, November 4, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion on the Trinity River Authority (TRA) pass through water and sewer rate increase PC-2 Presentation and discussion of the Fiscal Year (FY) 2010 Work Plan PC-3 Presentation by ARTSNET President Cathy Hernandez PC-4 Discussion of the November 4, 2009, City Council regular agenda items 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 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 City of Colleyville Page 1 Printed on 10/30/2009 City Council Agenda November 4, 2009 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-09-3160 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3161 4a Approval of the minutes of the regular City Council meeting of October 20, 2009 4b Approval of a donation of three Lyman Whitaker Wind Sculptures from the Colleyville Garden Club 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 5b 0-09-1734 Approval of amendments to Chapter 2-Definitions and Chapter 5-Tree Preservation of the Land Development Code 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1735 Approval of an ordinance creating and establishing a Municipal Court of Record City of Colleyville Page 2 Printed on 10/30/2009 City Council Agenda November 4, 2009 6b 0-09-1736 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 and 6500 block of Colleyville Boulevard, Case ZC09-008 6c 0-09-1737 Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 6d 0-09-1738 Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3162 Approval to support the American Recovery and Reinvestment Act (ARRA) of 2009 pursuing the Energy Efficiency and Conservation Block Grants (EECBG) Program for funding 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 4, 2009 -Reading and Public Hearing -Resolution R-09-3163 10. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 30 09, by 5:00 ~~-~--Q...~ Cynthia Singleton, 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 3 Printed on 10/30/2009 ~ ~~~~~ ~`~~'u ~~~:~ ,,:;., City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 11/04/2009 Requester: Finance Department Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Discussion on the Trinity River Authority (TRA) pass through water and sewer rate increase Attachments: Exhibit A - FY 2010-2014 Projection of Utility Fund Expenses Coverage -Current Rates.pdf Exhibit B - FY 2010-2014 Projection of Utility Fund Expenses Coverage -Proposed Rates.pdf Exhibit C -Water and Sewer Rate Comparison of Surrounding Cities.pdf History of legislative File Version: Date: Acting Body: Action Text: 11/04/2009 City Council Title Discussion on the Trinity River Authority (TRA) pass through water and sewer rate increase Explanation Trinity River Authority is the sole provider of the City's treated water and sewer. TRA's Fiscal Year 2010 (FY 2010) budget will go into effect on December 1, 2009. The FY 2010 TRA rate per 1,000 gallons for treated water is $2.27 and the rate per 1,000 gallons for treated sewer is $1.53. The TRA rates for FY 2009 were $2.02 for water and $1.38 for sewer, a $.25 and $.15 increase, respectively. The increases in the rates are due to greater costs for chemicals and debt service for recent TRA debt issuances to fund federal environmental mandates and replacement of aging infrastructure. The City's current water and sewer rate structure is based upon the FY 2009 TRA rates: water at $2.02 per 1,000 gallons and sewer at $1.38 per 1,000 gallons. As a part of the FY 2010 budget discussion, staff informed the City Council a rate increase would be necessary in the event TRA's FY 2010 rates were greater than those in the City's current rate structure. Exhibit "A" is a five year projection of utility fund expenses and coverage for FY 2010-2014 under the current rate structure. Due to the TRA rate increases, the current water and sewer rates do not meet the required debt coverage ratio of 1.20 or the debt coverage ratio needed for the recently approved Capital Improvement Program (CIP). For FY 2010, the projected debt coverage ratio is .49 and does not meet the 1.20 debt coverage ratio required by the bond covenants. When the debt coverage ratio is not met, the rating agencies can downgrade the ratings on existing revenue bonds and future bonds cannot be sold until the coverage ratio is met. In order to meet the required debt coverage ratio, a water rate adjustment of $0.25 per thousand and a sewer rate adjustment of $0.15 per thousand is needed. City of Colleyville Page 1 Printed on 10/30/2009 Agenda Briefing Continued Exhibit "B" is a five year projection of utility fund expenses and coverage for FY 2010-2014 under the proposed rate structure. The water rate adjustment of $0.25 replicates the TRA increase as does the $0.15 sewer rate increase. For the FY 2010 budget, Bedford, Euless and Hurst have increased their water and sewer rates and Keller is proposing a water and sewer rate increase in April 2010. Exhibit "C" is a water and sewer rate comparison of surrounding cities. The rates shown on "Exhibit "C" do not reflect the proposed Keller rate increase. Under this proposed water rate increase, Colleyville citizens would pay $3.99 less than the average of the surrounding cities for 15,000 gallons of water. For 10,000 gallons of sewer, Colleyville citizens would pay $8.97 less than the average of the surrounding cities. The monthly increase in the combined bill for 15,000 gallons of water and 10,000 gallons of sewer would be $4.45. Ordinance 0-89-741 allows a direct pass through of rate increases for treated water and sewer by Trinity River Authority to be adopted by resolution. There will be a resolution on the November 17, 2009 City Council agenda proposing the pass through water rate increase of $.25 and the sewer rate increase of $.15 to be effective December 1, 2009. As an additional point of reference, Colleyville's minimum bill of $12.00 and $8.60 for water and sewer, respectively, has been in effect since October 1, 1989 (FY 1990). Colleyville's minimum bill includes the first 2,000 gallons of water and sewer at no additional charge to the customer. The minimum bill should include administrative costs, billing costs, debt service, and third party water and sewer treatment cost (e.g. 2,000 gallons) if included in the minimum bill. Below is an comparison of Colleyville's minimum bill in FY 1990 and FY 2010. Minimum Bill Includes 2,000 Gallons of Usage at No Charge FY 1990 FY 2010 Increase Minimum Bill -Water Minimum Bill -Sewer Total $12.00 $12.00 $0.00 $ 8.60 $ 8.60 $0.00 $20.60 $20.60 $0.00 Below is a comparison of the cost to the city for the 2,000 gallons of water and sewer in FY 1990 and FY 2010. TRA Cost to City for FY 1990 FY 2010 Increase Usage in Minimum Bill TRA Cost - 2,000 Gallons of Water $ 3.16 $ 4.54 $ 1.38 TRA Cost - 2,000 Gallons of Sewer $ 1.20 $ 3.06 $ 1.86 Total $ 4.36 $ 7.60 $ 3.24 City of Colleyville Page 2 Printed on 10/30/2009 Agenda Briefing Continued As shown, the minimum bill has not increased in 20 years, but the TRA cost included in the minimum bill has increased $3.24 or 74% during that time period, reducing the amount available to cover expenses. Also, per "Exhibit C", the surrounding cities average minimum bill is $2.55 higher for water and $2.53 higher for sewer. Some cities include the first 2,000 gallons in the minimum water and sewer bill, while others do not. In comparing the average bill for 2,000 gallons of usage with the surrounding cities, a Colleyville resident's bill is $5.17 less for water and $5.25 less for sewer. Currently, the same rate is charged for water regardless of the gallons used in the billing period. Per "Exhibit C", Euless, Keller, and Southlake have a tiered water rate structure, where the greater number of gallons used the greater the cost. Euless implemented their tiered rate structure in October 2009. The tiered rate structure enables a city to meet its debt service commitments, higher repair and replacement costs, and third party water and sewer treatment costs from the demands high usage customers place on the water system. The highest usage breakpoint with the highest water rate is 35,000 gallons for Euless and 40,000 gallons for Keller and Southlake. Staff recommends that the water and sewer rate structure be analyzed in the following areas: • Increasing the minimum bill • Removing the 2,000 gallons of free usage from the minimum bill • Implementation of a tiered water rate structure The results of the study would be presented to City Council as a part of the FY 2011 budget review. City of Colleyville Page 3 Printed on 10/30/2009 FIVE YEAR PROJECTION OF UTILITY FUND EXPENSES/COVERAGE FY 2010 - FY 2014 EXHIBIT A CURRENT RATES ASSUMPTIONS: 100 NEW WATER/SEWER CUSTOMERS ANNUALLY FISCAL YEAR 2010 2011 2012 2013 2014 AVERAGE ANNUAL WATER CUSTOMERS 9,003 9,103 9,203 9,303 9,403 AVERAGE MONTHLY USAGE 21,168 21,168 21,168 21,168 21,168 AMOUNT DERIVED FROM MINIMUM BILL $1,296,432 $1,310,832 $1,325,232 $1,339,632 $1,354,032 AMOUNT DERIVED FROM VOLUME CHARGE $6,699,961 $6,774,380 $6,848,799 $6,923,218 $6,997,637 AVERAGE ANNUAL SEWER CUSTOMERS 8,352 8,452 8,552 8,652 8,752 AVERAGE MONTHLY USAGE 10,100 10,100 10,100 10,100 10,100 AMOUNT DERIVED FROM MINIMUM BILL $861,875 $872,195 $882,515 $892,835 $903,155 AMOUNT DERIVED FROM VOLUME CHARGE $1,639,767 $1,659,401 $1,679,036 $1,698,670 $1,718,305 OPERATING REVENUE WATER SALES $7,996,393 $8,085,212 $8,174,031 $8,262,850 $8,351,669 INCREASE WATER VOLUME CHARGE $0 $0 $0 $0 $0 SEWER CHARGES $2,501,642 $2,531,596 $2,561,551 $2,591,505 $2,621,459 INCREASE SEWER VOLUME CHARGE $0 $0 $0 $0 $0 WATER INSTALLATION $21,000 $21,000 $21,000 $21,000 $21,000 SEWER INSTALLATION $7,500 $10,000 $10,000 $10,000 $10,000 ENGINEERING AND DEVELOPMENT $20,000 $20,000 $20,000 $20,000 $20,000 PENALTY $167,985 $173,024 $178,215 $183,561 $189,068 SEWER TIE ON REVENUE $5,000 $5,000 $5,000 $5,000 $5,000 MISC REVENUE $12,000 $13,000 $13,000 $13,000 $13,000 TOTAL OPERATING REVENUE $10,731,519 $10,858,832 $10,982,796 $11,106,916 $11,231,197 OPERATING EXPENSES: ADMINISTRATION $215,694 $221,086 $226,614 $232,279 $238,086 BILLING $499,948 $512,447 $525,258 $538,389 $551,849 OPERATIONS $2,135,039 $2,188,415 $2,243,125 $2,299,203 $2,356,684 TRA WATER $5,190,950 $5,248,608 $5,306,266 $5,363,924 $5,421,582 TRA SEWER $1,579,642 $1,598,557 $1,617,471 $1,636,386 $1,655,300 OPERATING TRANSFER $816,297 $839,843 $849,345 $858,847 $868,348 TOTAL OPERATING EXPENSES $10,437,570 $10,608,955 $10,768,078 $10,929,027 $11,091,849 OPERATING INCOME $293,949 $249,877 $214,718 $177,889 $139,348 PLUS NON-OPERATING REVENUE (INT INC) $75,000 $100,000 $100,000 $100,000 $100,000 SEWER IMPACT FEE (TRA PORTION) $75,000 $75,000 $75,000 $75,000 $75,000 NET INCOME $443,949 $424,877 $389,718 $352,889 $314,348 CALCULATION OF AMOUNT AVAILABLE FOR DEBT COVERAGE : ANNUAL DEBT SERVICE 1996 SERIES $205,885 $203,390 $205,340 $206,660 $206,660 1998 SERIES $217,099 $215,498 $218,483 $220,890 $220,890 2002 REFUNDING SERIES $270,093 $272,268 $273,868 $274,863 $274,863 2004 REFUNDING SERIES $205,866 $199,338 $202,624 $195,723 $195,723 ANNUAL DEBT SERVICE $898,943 $890,494 $900,315 $898,136 $898,136 AMOUNT AVAILABLE FOR COVERAGE RATIO $443,949 $424,877 $389,718 $352,889 $314,348 AMOUNT NEEDED FOR COVERAGE RATIO $1,078,732 $1,068,593 $1,080,378 $1,077,763 $1,077,763 TARGET COVERAGE RATIO-CIP PROGRAM $1,298,943 $1,290,494 $1,300,315 $1,298,136 $1,298,136 AMOUNT UNDER CIP TARGET -$854,994 -$865,617 -$910,597 -$945,247 -$983,788 TARGET COVERAGE RATIO 1.20 1.20 1.20 1.20 1.20 ACTUAL COVERAGE RATIO 0.49 0.48 0.43 0.39 0.35 FIVE YEAR PROJECTION OF UTILITY FUND EXPENSES/COVERAGE FY 2010 - FY 2014 EXHIBIT B PROPOSED RATES ASSUMPTIONS: 100 NEW WATER/SEWER CUSTOMERS ANNUALLY FISCAL YEAR 2010 2011 2012 2013 2014 AVERAGE ANNUAL WATER CUSTOMERS 9,003 9,103 9,203 9,303 9,403 AVERAGE MONTHLY USAGE 21,168 21,168 21,166 21,168 21,168 AMOUNT DERIVED FROM MINIMUM BILL $1,296,432 $1,310,832 $1,325,232 $1,339,632 $1,354,032 AMOUNT DERIVED FROM VOLUME CHARGE $6,699,961 $6,774,380 $6,648,799 $6,923,218 $6,997,637 AVERAGE ANNUAL SEWER CUSTOMERS 8,352 8,452 8,552 8,652 8,752 AVERAGE MONTHLY USAGE 10,100 10,100 10,100 10,100 10,100 AMOUNT DERIVED FROM MINIMUM BILL $861,875 $872,195 $682,515 $892,835 $903,155 AMOUNT DERIVED FROM VOLUME CHARGE $1,639,767 $1,659,401 $1,679,036 $1,698,670 $1,716,305 OPERATING REVENUE WATER SALES $7,996,393 $8,085,212 $8,174,031 $8,262,850 $8,351,669 INCREASE WATER VOLUME CHARGE $526,676 $532,526 $536,376 $544,226 $550,076 SEWER CHARGES $2,501,642 $2,531,596 $2,561,551 $2,591,505 $2,621,459 INCREASE SEWER VOLUME CHARGE $121,765 $123,223 $124,681 $126,139 $127,597 WATER INSTALLATION $21,000 $21,000 $21,000 $21,000 $21,000 SEWER INSTALLATION $7,500 $10,000 $10,000 $10,000 $10,000 ENGINEERING AND DEVELOPMENT $20,000 $20,000 $20,000 $20,000 $20,000 PENALTY $167,985 $173,024 $178,215 $183,561 $189,068 SEWER TIE ON REVENUE $5,000 $5,000 $5,000 $5,000 $5,000 MISC REVENUE $12,000 $13,000 $13,000 $13,000 $13,000 TOTAL OPERATING REVENUE $11,379,959 $11,514,580 $11,645,853 $11,777,281 $11,908,869 OPERATING EXPENSES: ADMINISTRATION $215,694 $221,086 $226,614 $232,279 $238,086 BILLING $499,946 $512,447 $525,258 $536,389 $551,849 OPERATIONS $2,135,039 $2,188,415 $2,243,125 $2,299,203 $2,356,684 TRA WATER $5,190,950 $5,248,608 $5,306,266 $5,363,924 $5,421,582 TRA SEWER $1,579,642 $1,598,557 $1,617,471 $1,636,386 $1,655,300 OPERATING TRANSFER $833,857 $891,718 $901,805 $911,891 $921,978 TOTAL OPERATING EXPENSES $10,455,130 $10,660,830 $10,820,538 $10,982,072 $11,145,478 OPERATING INCOME $924,830 $853,750 $825,315 $795,209 $763,391 PLUS NON-OPERATING REVENUE (INT INC) $75,000 $100,000 $100,000 $100,000 $100,000 SEWER IMPACT FEE (TRA PORTION) $75,000 $75,000 $75,000 $75,000 $75,000 NET INCOME $1,074,830 $1,028,750 $1,000,315 $970,209 $938,391 CALCULATION OF AMOUNT AVAILABLE FOR DEBT COVERAGE: ANNUAL DEBT SERVICE 1996 SERIES $205,885 $203,390 $205,340 $206,660 $206,660 1998 SERIES $217,099 $215,498 $218,483 $220,890 $220,890 2002 REFUNDING SERIES $270,093 $272,266 $273,868 $274,863 $274,863 2004 REFUNDING SERIES $205,866 $199,338 $202,624 $195,723 $195,723 ANNUAL DEBT SERVICE $898,943 $890,494 $900,315 $898,136 $898,136 AMOUNT AVAILABLE FOR COVERAGE RATIO $1,074,830 $1,028,750 $1,000,315 $970,209 $938,391 AMOUNT NEEDED FOR COVERAGE RATIO $1,078,732 $1,068,593 $1,080,378 $1,077,763 $1,077,763 TARGET COVERAGE RATIO-CIP PROGRAM $1,298,943 $1,290,494 $1,300,315 $1,298,136 $1,298,136 AMOUNT UNDER CIP TARGET -$224,113 -$261,744 -$300,000 -$327,927 -$359,745 TARGET COVERAGE RATIO 1.20 1.20 1.20 1.20 1.20 ACTUAL COVERAGE RATIO 1.20 1.16 1.11 1.08 1.04 PASS THROUGH RATE INCREASES NEEDED TO FUND TRA RATE WATER INCREASE E0.25 ecu~co iuiro~nec en ~c WATER AND SEWER RATE COMPARISON OF SURROUNDING CITIES EXHIBIT C WATER RATE COMPARISON OF SURROU NDING CITIES MINIMUM # OF GALLONS BILL FOR RATE PER CUSTOMER CUSTOMER CUSTOMER CITY BILL IN MINIMUM 2,000 GALS 1,000 GALS BILL BILL BILL 10,000 GALS 15,000 GALS 20,000 GALS BEDFORD $15.97 0 $20.99 $2.51 $41.07 $53.62 $66.17 EULESS ** $7.75 0 $12.29 $3.22 ^^ $37.01 $56.31 $76.16 GRAPEVINE $9.75 2,000 $9.75 $2.74 $31.67 $45.37 $59.07 HURST $12.69 2,000 $12.69 $5.08 $53.33 $78.73 $104.13 KELLER ** $20.26 2,000 $20.26 $3.04 ^^ $43.14 $59.04 $74.94 NORTH RICHLAND HILLS $9.30 0 $18.08 $4.54 $54.70 $77.40 $100.10 SOUTHLAKE ** $26.16 2,000 $26.16 $3.25 ^^ $49.92 $67.27 $84.62 AVERAGE $14.55 $17.17 $3.48 $44.41 $62.53 $80.74 COLLEYVILLE CURRENT $12.00 2,000 $12.00 $3.23 $37.84 $53.99 $70.14 VARIANCE IN RATES ($2.55) ($5.17) ($0.25) ($6.57) ($8.54) ($10.60) AVERAGE $14.55 $17.17 $3.48 $44.41 $62.53 $80.74 COLLEYVILLE PROPOSED $12.00 2,000 $12.00 $3.58 $40.64 $58.54 $76.44 VARIANCE IN RATES ($2.55) ($5.17) $0.10 ($3:77) ($3.99) ($4.30) TIERED WATER ARE IN EFFECT IN THE FOLLOWING CITIES: ** EULESS' WATER RATE IS $2.27 FOR 0-2,000 GALLONS, $3.09 FOR 3,001 TO 8,000 GALLONS, $3.64 FOR 9,000 TO 15,000 GALLONS, $3.97 FOR 16,000 TO 35,000 GALLONS, AND $4.50 FOR ALL USAGE ABOVE 35,000 GALLONS ** KELLER'S WATER RATE IS $2.86 FOR 2,000 TO 10,000 GALLONS, $3.18 FOR 10,001 TO 20,000 GALLONS, $3.61 FOR 20,001 TO 25,000 GALLONS, $4.72 FOR 25,000 TO 40,000 GALLONS, AND $5.15 FOR ALL USAGE ABOVE 40,000 GALLONS ** SOUTHLAKE'S WATER RATE IS $2.97 FOR 2,000 TO 10,000 GALLONS, $3.47 FOR 10,001 TO 25,000 GALLONS AND $3.72 FOR 25,000 TO 40,000, AND $4.22 FOR ALL USAGE ABOVE 40,000 GALLONS ^^ RATES SHOWN ARE THE AVERAGE OF THE TIERED RATE USAGE OF 0-20,000 GALLONS SEWER RATE COMPARISON OF SURROUNDING CITIES CITY MINIMUM # OF GALS BILL FOR RATE PER WINTER CUSTOMER BILL IN MINIMUM 2,000 GALS 7,000 GALS AVERAGE BILL BILL BILLED 10,000 GALS BEDFORD $9.71 0 $12.79 $1.54 Y $25.11 EULESS $6.00 0 $11.08 $2.54 N $31.40 GRAPEVINE $7.80 2,000 $7.80 $3.26 Y $33.88 HURST $9.14 0 $15.00 $2.93 Y $38.44 KELLER $11.85 2,000 $11.85 $2.69 Y $33.37 N RICHLAND HILLS $7.27 0 $12.25 $2.49 Y $32.17 SOUTHLAKE $26.16 2,000 $26.16 $3.00 N $50.16 AVERAGE $11.13 $13.85 $2.64 Y $34.93 COLLEYVILLE CURRENT $8.60 2,000 $8.60 $2.02 Y $22.68 VARIANCE IN RATES ($2.53) ($5.25) ($0.62) ($12.25) AVERAGE $11.13 $13.85 $2.64 Y $34.93 COLLEYVILLE PROPOSED $8.60 2,000 $8.60 $2.17 Y $25.96 VARIANCE IN RATES ($2.53) ($5.25) ($0.47). ($8.97) ` `~ City Hall ~~~~~~~~ City ~f Co~~eyvi~~e 100 Main Street Colleyville, Texas 76034 ~~~~~~~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 11/04/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-2 Final Action: Manager File Name: Presentation and discussion of the Fiscal Year (FY) 2010 Work Plan Attachments: 2010 Work Plan.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 11/04/2009 City Council Title Presentation and discussion of the Fiscal Year (FY) 2010 Work Plan Explanation During the September 29, 2009 City Council worksession, staff presented the proposed strategic management process that aligns strategic goals, the department activities, citizen expectations and performance results. This process will be fully implemented with the FY 2011 budget. While staff is working toward this implementation, it is necessary to also develop a Work Plan for FY 2010. This item provides an opportunity for City Council to review the FY 2010 Work Plan. City of Colleyville Page 1 Printed on 10/29/2009 TC x'Ag 7~d ~.'e~sgl~u~ioada~~xce~iz`io~ra.~ ~ea~e 2010 ANNUAL WORK PLAN ea~f'ecfuiP~e ~ a ~ city u~r a~'er~tioc~ fa feu y acx ~,~u acrd ax~iactcue ~ce~ic~an`iaod-acie~sted co~sursu Qe~s,2itiue fa oun ~ii;t~`an~y. zedowcceQ a.~d aeacde~, Make along-term commitment to community investment Objective: Make Colleyvil/e more prosperous Through economic development efforts. Success defined: To make Colleyville more prosperous with a focus on promoting the City as a place for unique and boutique retailers and offering the City as a destination place. Tasks - ^ Coordinate with consultant to complete a redevelopment overlay district study of the Glade Road corridor and State Highway 26 and staff preparation of supporting ordinances and marketing materials. (Marty and Ron) ^ Continue to study preliminary concept plan options for the Little Bear Creek pedestrian corridor. (Steve and Monica) ^ Development of a retention program for support of current business owners. (Marty) ^ Retain a consultant to complete aRetail/Restaurant Merchandising Plan. (Marty) ^ Complete implementation and construction for Phase I of the City entry marker program and seek grant opportunities for the wayfinding signage. (Ron) ^ Complete branding study and implement new City logo (Mona and Marty) ^ Complete a study regarding the feasibility of creating a public improvement district (PID) within the existing tax increment finance district (TIF). (Marty) ^ Analyze and determine other forms of communication (i.e. social media) to broaden the audience with the purpose of enhancing information dissemination about the community, garner support and participation in government boards, commissions and committees, actively engage citizens and employees. (Mona) • Conduct a comprehensive review of the City's development process to determine opportunities for streamlining, efficiency and customer service enhancement. (Marty, Ron and Steve) Objective: Enhance the maintenance and reconstruction of city infrastructure. Success defined: To have a public works infrastructure system properly maintained and funded providing effective management meeting citizens service demands and expectations with special attention towards enhancement of the maintenance and reconstruction of streets. Tasks - ^ Continue staff work in the development of a City Council approved multi-year interoperable CIP for trails, sidewalks and park projects. (steve and Monica) ^ Continue implementation of the 10-year Capital Improvement Program including design of the intersection of John McCain Road and Pleasant Run Road and initiate construction of the Pool Road and Glade Road intersection. (Steve) ^ Implement the annual Street Maintenance Program. (Steve) ^ Complete rehabilitation of Hall Johnson Road water tower and Overland Trail Lift Station. (Steve) ^ Initiate design of the quad gate project along the Cotton Belt line. (Steve) Continue a focus on delivering superior services and demanding results Objective: Continue Colleyville being an engaged, safe and secure community. Success defined: To provide efficient and user-friendly services that maintain the city as a safe, secure, clean and attractive community for family and business. Tasks - ^ Continue development of a Citizen Corps program recruiting members of the Colleyville Police and Fire citizen academies. (Tommy and Russell) ^ Staff evaluation of appropriate technology and/or processes of police, fire and public works departments for maintaining and/or enhancing neighborhood and community safety. (chris, Tommy, Russell, and Steve) Continue regional efforts to replace police and fire departments radio equipment based on grant funding opportunities. (Tommy and Russell) Conduct a feasibility study for establishing a regional dispatch 911 center. (Russell and Tommy) Objective: Develop, expand and promote leisure activity opportunities for citizens. Success defined: Delivery of efficient and broad based opportunities in support of the needs of the general public. Tasks - ^ Complete design and begin construction of the second floor and reorganization of the first floor of the Library to enhance the children and adult programming. (Mary and Steve) ^ Implementation of automated sorter system in the Library. (Mary) ^ Complete Senior Center Open Space senior elements construction. (Monica) ^ Complete the design and construction of a north section of the Pleasant Run Trail from Hardage to the Cotton Belt. (Steve and Monica) ^ Complete the development by consultant of the update for the Comprehensive Parks, Recreation and Open Space Master Plan. (Monica) ^ Complete design and construction for the Colleyville Center renovation. (I_in) ^ Complete the design and begin construction of Kidsville playground at City Park with citizen and Parks and Recreation Advisory Board input and support. (Monica) Continue organizational development with a focus to -Being the Best Objective: Effectively utilize and promote Colleyville's paid and volunteer human resources Success defined: Employees consistently demonstrating the core principles through effective hiring and retention programs along with an inviting and involved role for citizen participation in the delivery of customer service. Tasks - ^ Continue implementation of the Workforce Development Sustainability Plan by: (Elise) / Evaluate the City's defined compensation philosophy and make recommendations for a sustainable system. / Implement a recognition and rewards program that aligns with core competencies and values previously established and which recognizes employees for incorporating these competencies and values in their everyday assignments. ^ Conduct a comprehensive review of the City's Personnel Policies; make recommendations for changes, enhancements, deletions. (Elise) ^ Evaluate "best practices" for consideration in structuring acafeteria-style benefits program to include wellness-based initiatives as well as other benefit options to enhance the overall benefits program focusing on sustainability. (Elise) ^ Evaluate the current design of the City's pension plan and determine if opportunities exist to modify options. (Elise) ^ Evaluate development of a citizen education program focused on community leadership training for prospective-current board, commission and committee members. (cyntnia and Kelly) ^ Staff identification of appropriate new and emerging technology, network enhancements including hardware and software needs to enhance service delivery and development of a realistic implementation plan. (chris) Sustain a reputation. for excellence Objective: Ensure fiscal integrity and stewardship of the City's fiscal resources. Success defined: To bring the financial picture into balance by identifying expenses and revenues that sustain city growth and support service levels, while maintaining strong fiscal accountability and financial stewardship. Tasks - ^ Update of the annual 10-year financial forecast identifying anticipated revenues and corresponding expenses. (Terry) ^ Develop and implement a strategic management system that incorporates performance measures and ties department activity, strategic goals, citizen expectations and results to the annual budget. (Keiiy) ^ Evaluate and study the feasibility of incorporating a tiered rate structure into the current water rates and how a tiered rate structure will affect revenues with consideration given to impacts to both residential and commercial customers. (Terry) ^ Continue to work toward the procurement of updated financial and human resources management technology. (Terry, Elise and Chris) Objective: Enhance the promotion and preservation of natural resources. Success defined; To work toward the promotion of Colleyville's natural resources. Tasks - ^ Continue evaluating community based planning identifying "best practices" for consideration in adopting a "Green" initiative focusing on: / Building Codes (Biii) / Reduction of yard waste through education and collection initiatives (Christine) / Enhancement of community recycling programs, including implementation of a City facility recycling program. (Christine) / Energy audit of all City facilities for improved efficiency in energy usage (christine) / Identify other energy efficient opportunities for consideration of grant application and implement projects receiving grant funding. (Keiiy and steve) City Hall ~~~~ ~`~~,~ City Of CO~~e~/V~~~e 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Version: 1 Agenda Date: 11/04/2009 Requester: Office of the City Agenda No.: PC-3 Manager File Name: Presentation by ARTSNET President Cathy Hernandez Attachments: Biography -Cathy Hernandez, President, ARTSNET.pdf Status: Pre Council Controlling Body: City Council Final Action: History of Legislative File Version: Date: Acting Body: Action Text: 1 11/04/2009 City Council Title Presentation by ARTSNET President Cathy Hernandez Explanation Ms. Cathy Hernandez, President, ARTSNET, will present information on the services offered through ARTSNET. City of Colleyville Page 1 Printed on 10/27/2009 Biography Cathy Hernandez, President ARTSNET chernandez(a~artsnetc.org Cathy Hernandez serves as Adjunct Professor of Arts Management at TCU, and has over fourteen years in arts management. She has received her BA in Music from the University of North Texas, and her MS in Arts Management from Drexel University in Philadelphia. She has served on numerous grant panels for groups including four state arts councils: Pennsylvania, Texas, Nevada, and Kentucky, three Texas cities: Fort Worth, Dallas, and Austin and the National Jury for the Coming Up Taller Award. Cathy has also served on numerous local, state, national, and international boards and committees including the International Performing Arts for Youths (IPAY) board, Texas Nonprofit Theaters board, Guest Blogger for KERA's Art and Seek, State Advisory Board for VSA Arts of Texas, and the Latino Advisory Committee for U.S. Congresswoman Kay Granger. She has received the Outstanding Women of Fort Worth Award from The Women's Center, The Rudy Eastman Diversity Award from Live Theatre League of Tarrant County, The Great Women of Texas Award from the Fort Worth Business Press, Best Case Study Award from Drexel University's Arts Management Department, the Dean's Fellowship from Drexel University, and was a national finalist for the American Symphony Orchestra League's Arts Management Fellowship. Cathy's work has been recognized by the White House through the Coming Up Taller Award, the U.S. State Department through a cultural exchange with Amman, Jordan, the National Endowment for the Arts American Masterpieces program, and the Kennedy Center through acapacity-building program for culturally-specific organizations. ,,, - ~ City Hall ~-~ _ City of Colleyville 100 Main Street ~~~. ~~~ J Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 11/04/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Secretary File Name: Discussion of the November 4, 2009, City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 11/04/2009 City Council Title Discussion of the November 4, 2009, City Council regular agenda items __ City of Colleyville Page 1 Printed on 10/26/2009 ~ :., City of Colleyville 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: 11/04/2009 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session Legal -November 4, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 11/04/2009 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. 551.087 -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 10/27/2009 RESOLUTION R-09-3160 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 4, 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: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor '1 t\ ~~~ City Hall - ~~~ City of Colleyville 100 Main Street ~ ~~~~ ~ ~"~ Colleyville, Texas 76034 ~~~~~=~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 11/04/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -November 4, 2009 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 11/04/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition City of Colleyville Page 1 Printed on 10/26/2009 RESOLUTION R-09-3161 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 4, 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 a donation of three Lyman Whitaker Wind Sculptures from the Colleyville Garden Club AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2009. CITY OF COLLEYVILLE David Kelly Mayor City of Colleyville E~-~'~~~'~~` City Council Minutes -Draft ~~•.,,- City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, October 20, 2009 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 20, 2009, at 5:42 p.m. ROLL CALL: Councilmembers Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers 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, Interim Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Building Official Bill Elliott, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Parks and Recreation Director Monica Walsh, Human Resources Manager Elise Welborn, Accountant Karen Hines, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Carol Wollin arrived at 6:22 p.m. PC-1 PC-2 Discussion of amending certain miscellaneous fees charged by the Community Development Department Interim Community Development Director Ron Ruthven outlined the proposed increases for permit type fees and sidewalk waiver requests. There was general discussion regarding the structure of the proposed fees and the timing for implementation. City Manager Jennifer Fadden provided clarification regarding the proposed fees. Presentation of the Monthly Financial Report - September 2009 Finance Director Terry Leake presented the September 2009 Monthly Financial Report and answered questions of the City Council. City of Colleyville Page 1 Printed on 10/30/2009 City Council City Council Minutes -Draft October 20, 2009 PC-3 Presentation and discussion of the results of the City Council strategic planning worksession City Manager Jennifer Fadden stated a summary of the analysis of Colleyville's strengths, weaknesses, opportunities and threats (SWOT) is provided for City Council's review and direction and provided a timeline for consideration of the strategic goals. There was discussion regarding public safety, infrastructure, leisure services and economic development. City Manager Jennifer Fadden stated that an item will be on the November 17, 2009 Pre Council agenda for City Council's review of the refined goals and strategies and the proposed citizen survey will be presented in December for City Council input. Ms. Fadden further stated that a presentation will be presented to City Council in the fall regarding the City's brand and logo and a proposed implementation plan. PC-4 Discussion of changing the dates of regular City Council meetings in November 2009 and March 2010 The City Council determined that the first City Council meeting in November 2009 will be held Wednesday, November 4, 2009 and the second City Council meeting in March 2010 will be held Tuesday, March 23, 2009. 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 The City Council determined that a Joint City Council and Planning and Zoning Commission will be held Tuesday, October 27, 2009, at 7:00 p.m. City Manager Jennifer Fadden stated a public meeting will be held regarding the Glade Road and Pool Road Intersection improvements on November 5, 2009. PC-6 Discussion of the October 20, 2009, City Council meeting regular agenda City Manager Jennifer Fadden provided information regarding agenda item 5a and corrected budget numbers. There was general discussion regarding Consent agenda item 4g related to logo designs on the elevated storage tank. City of Colleyville Page 2 Printed on 10/30/2009 City Council City Council Minutes -Draft October 20, 2009 City Manager Jennifer Fadden stated staff will seek additional direction from the City Council regarding the water tower logo designs. Councilmembers Michael Muhm and Stan Hall spoke regarding the addition of comments made, during the October 7, 2009 City Council meeting, related to the Tomorrow Fund expenditures. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:22 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly, on October 20, 2009, at 6:22 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers 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, Interim Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Building Official Bill Elliott, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Parks and Recreation Director Monica Walsh, Human Resources Manager Elise Welborn, Accountant Karen Hines, Management Assistant Christine Loven, Network Administrator Chris Pena, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 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 Sec. 551.074 - Personnel -Discuss and deliberate the appointment, employment, evaluation and duties of the City Manager City of Colleyville Page 3 Printed on 10/30/2009 City Council City Council Minutes -Draft October 20, 2009 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, Section 551.74, Personnel, 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 6:22 p.m. and reconvened at 7:31 p.m. 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 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly invited citizens to the Haunted Trails Fest, Saturday, October 24, 2009, at 7:00 p.m. at the Colleyville Nature Center to enjoy games, costume contests, pumpkin decorating and prizes. Mayor Kelly invited children to the Fire Safety Tricks and Halloween Treats on Friday, October 30, 2009, 6:00 p.m. to 9:00 p.m. at the Central Fire Station and tour the fire station and fire engine. Mayor Kelly invited students who are Colleyville residents and in grades 2 - 7 to enter the Colleyville "Mayor for a Day" contest. Contestants must submit aone-to-two page essay addressing what they would do, as Mayor, to make Colleyville the best City in northeast Texas. The contest deadline is November 4, 2009. Mayor Kelly invited citizens to participate in the Colleyville Public Library "Race to Read" run event on November 7, 2009, at City Hall with proceeds supporting library resources, projects and programs. Cify of Colleyville Page 4 Printed on 10/30/2009 City Council City Council Minutes -Draft October 20, 2009 Mayor Kelly announced the Colleyville Area Chamber of Commerce will host a City of Colleyville Open House on Thursday, October 29, 2009, 4:00 p.m. to 7:00 p.m. at City Hall. Citizens will meet officials, including State Senator Wendy Davis and Tarrant County Commissioner Gary Fickes, elected City officials, City service providers and staff. Mayor Kelly announced the first annual charity Fire and Police softball game was held Sunday, October 18, 2009, in support of the Citizen's Fire Academy Alumni Association and Citizen's Police Academy Alumni Association. Mayor Kelly expressed appreciation to the Softball Game Committee members, Bo Bottger, Barbara Jenkins, Tom Anderson, Councilmember Stan Hall, Officer Raymon Cannon and Emergency Coordinator Andrea Renegar. Ms. Bottger spoke regarding the planning and implementation of the event. 4. 4a 4b Approval of the minutes of the regular City Council meeting of October 7, 2009 Approval of the minutes of the City Council worksession of September 29, 2009 Police Chief Tommy Ingram and Interim Fire Chief Russell Shelley presented checks, in the amount of $4,125, to Steve McDaniels, on behalf of the Citizen's Police Academy Alumni Association, and Joe Dowd, on behalf of the Citizen's Fire Academy Alumni Association. Mayor Kelly expressed appreciation to everyone who organized and participated in the event and announced the Fire Department won the game 31 to 19. Mayor Kelly presented a Proclamation to Jon Bullock, President, Colleyville Rotary Club, in recognition of a donation of a 2009 trailer to the Colleyville Police Department. Officer Raymon Cannon expressed appreciation to the Colleyville Rotary Club, for the trailer, which will be used to transport equipment to events. Mr. Bullock, on behalf of the Rotary Club, stated the organization is pleased to provide the trailer to the Police Department. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3156 City of Colleyville Page 5 Printed on 10/30/2009 City Council City Council Minutes -Draft 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 Mayor Kelly read Resolution R-09-3156 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 Muhm moved to approve Resolution R-09-3156, with the amendment to add the comments made by Councilmember Muhm during the October 7, 2009 City Council meeting, related to agenda item 6b, to the October 7, 2009 City Council minutes. Councilmember Hart seconded the motion. Councilmember Taylor and Councilmember Hall made a friendly amendment to add their comments, related to agenda item 6b, to the October 7, 2009 City Council minutes. Councilmember Hart accepted the friendly amendment. City of Colleyville Page 6 Printed on 10/30/2009 City Council City Council Minutes -Draft October 20, 2009 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Prior to adjourning the City Council meeting, Mayor Kelly reopened consideration of Consent Resolution R-09-3156 regarding item 4a. Councilmember Muhm moved to correct Consent Resolution item 4a to read, Approval of the minutes of the regular City Council meeting of October 7, 2009. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 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 Mayor Kelly read the caption of Ordinance 0-09-1732. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Interim Fire Chief Russell Shelley provided information regarding the need for the fire apparatus and stated, I believe we are making a wise purchase for the sustainability of our fire apparatus into the long term. We anticipate the new apparaus to remain in service for a period of twelve to fifteen years and then fora 5 year period of reserve status. The new fire apparatus will be replacing a 24 year old fire engine and a 13 year old fire engine. More is spent on maintenance of the fire engines than what the vehicles are worth. The apparatus are needed because the current aerial device, which is 13 years old, is too short to reach many of the buildings constructed since the truck was purchased in 1998. Additionally, many of the homes have setbacks from the road that make the current aerial apparatus very limited in service at the site. City of Colleyville Page 7 Printed on 10/30/2009 City Council City Council Minutes -Draft October 20, 2009 We are unable to effectively place water on top of these buildings in the event of a fire that breaks through a roof, because of the distance from the road and the height of the structure. If a worker is injured on a roof, they cannot be rescued without using some type of rope, which presents risks. The new apparatus allows a ladder to be set and raised, the individual placed in the bucket and lowered, which is a safe operation for everyone involved. Other considerations are the response time of ladder trucks of this type from neighboring cities and the increased call volume by 28% and on average, four emergency runs a day. The new apparatus gives the City more ability to be self supportive and have redundancy if a truck is being repaired. The fire loss since 2005 is in excess of $10 million of property. Mr. Shelley stated the purchasing process of the fire apparatus is saving the City approximately $80,000. Finance Director Terry Leake provided information regarding the significant multi-truck and prepayment discounts, which net approximately $80,000 in savings. Mayor Pro Tem Jon Ayers moved to approve Ordinance 0-09-1732. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 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 Mayor Kelly read the caption of Ordinance 0-09-1733. Interim Community Development Director Ron Ruthven provided an overview of the request for a zoning change and stated the Planning and Zoning Commission and staff recommends approval. Mayor Kelly opened the public hearing. Mr. Jim Lafferty, 406 John McCain Road, applicant, provided information regarding zoning in the area and plans to build a home on the property. City of Colleyville Page 8 Printed on 10/30/2009 City Council City Council Minutes -Draft October 20, 2009 There were no others present wishing to speak and Mayor Kelly closed the public hearing. There was discussion regarding fire protection service for the property. Interim Fire Chief Russell Shelley stated the applicant has agreed to meet the requirements necessary for fire protection and recommended residential fire sprinklers be installed in the home. The City Council requested the applicant provide an exhibit illustrating the location of a fire apparatus turnaround near the house and the accessibility of fire trucks and ambulance to the home in the event of a fire. Interim Community Development Director Ron Ruthven spoke regarding the Planning and Zoning Commission concerns regarding fire apparatus access to the property. 6b 0-09-1734 Approval of amendments to Chapter 2-Definitions and Chapter 5-Tree Preservation of the Land Development Code Mayor Kelly read the caption of Ordinance 0-09-1734. Interim Community Development Director reviewed the proposed amendments to Chapter 2-Definitions and Chapter 5-Tree Preservation of the Land Development Code and stated staff recommends approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the mitigation fees for Heritage trees, timeline for tree replacement, provisions for tree preservation by surrounding communitites and the benefits of the expansion of the tree replacement list. 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 Mayor Kelly read Resolution R-09-3157 in its entirety. City of Colleyville Page 9 Printed on 10/30/2009 City Council City Council Minutes -Draft October 20, 2009 Mayor Kelly stated that funding for one of the fire apparatus is provided by the Colleyville Tomorrow Fund and not any tax funded source and as a result of the City setting aside the proceeds from the leasing mineral rights, the purchase is possible. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hall moved to approve Resolution R-09-3157. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7b R-09-3158 Consideration of changing the dates of regular City Council meetings in November 2009 and March 2010 Mayor Kelly read Resolution R-09-3158 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 Wollin moved to approve Resolution R-09-3158. Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Library Board Minutes -August 10, 2009 Planning and Zoning Commission Minutes -September 14, 2009 City of Colleyville Page 10 Printed on 10/30/2009 City Council City Council Minutes -Draft October 20, 2009 There was no discussion of this item. 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 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:34 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 11 Printed on 10/30/2009 2 ~ ~-~ ~ City of Colleyville City Hall ~, 100 Main Street Colleyville, Texas 76034 ~~~~, Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 11/04/2009 Controlling Body: City Council Requester: Agenda No.: 4b Final Action: File Name: Approval of a donation of three Lyman Whitaker Wind Sculptures from the Colleyville Garden Club Attachments: Colleyville Garden Club Donation Form Twisted Oval Sculpture Double Helix Sail Sculpture Double Spinner Sculpture History of Legislative File Version: Date: Acting Body: Action Text: 1 11/04/2009 City Council Title Approval of a donation of three Lyman Whitaker Wind Sculptures from the Colleyville Garden Club Explanation Reading and Public Hearing The Colleyville Garden Club partners with the City to further the interests of horticulture, conservation, environmental protection and beautification. The success of the Colleyville Garden Club's 16th Annual Promenade Garden Tour provides for the donation of Lyman Whitaker wind sculptures Double Helix Sail, Double Spinner and Twister Oval to be installed at McPherson Park. The value of the sculptures is $10,000. Financial Impact It has been determined that $750 of funding is available in the FY 2010 Park Maintenance Budget for the dedication marker. Recommendation Approval City of Colleyville Page 1 Printed on 10/29/2009 CITY OF COLLEYVILLE DONATION AND TRANSFER OF TITLE UWe '• hereby give, assign. transfer, an set over to the C' of Cdieyville all of my rights, title. and interest in the materials described below: I have read and understand the Donation Policy of the Ciiy of Colleyvilte, and accept the provisions c that policy. /_! ~' / - Signature of Donor(s) (C? , ( ; 1~ l , ~,. , ~`~~'~ ~ ~ ~ Date ` , ~. ~= ~ • c ry ~~i i~<~,",..~~ 4F~. / ~~: y~ Cam;. ~.t-' Date _.. Address of Donor ~ •~C- (:,' ~~t~-~-~-r~~c~Er~L.~-- ~--~~~rLv=-~ City ,+~-~`_ ~~ ~ y~L ~~ State_~~/~ ZIP ~'~ ~v'' ~ -I~ . _ ~, -- ~ ~ .. Phone Numbers. Home _ ~~ ~ , .? ~'l . .'> C`~ . `~ Y • ,'s i ~ ~~ %~~f, -~`~ ~~ ~ .~~; _ _~.;~ RECEIVED by ~ . f',~~ iC~~~r~~ /~~-~a~-~-- 1,~ ,Department or t3oarY1 , ~/ _ f ey _ _ C~// ` '~ ?l~r----~--'' ,Date ~ 2~~ ~ 7 Coundl Approval Date ResolutloNOrdinance Number ACCEPTED for and in behalf of the City of Colleyvilie gY Mayor, City of Colleyvilte Date Accession Number SpecificationslPlanslPhotos/Annual volt to aiy: Attached .None xY`y a `., ° ~ z t. _ w _' i ~a ~' a.r i. ~ar1 N ~ 1 ~' rtY~ ~r 'ti •~ y ~ ~, r: ~' ~ )` aya+yF ~ `~` nx ` ~ ~ t ~}a~~'1 y, rat ~ j a r , Twisted Oval _ ,~tfi• ..r __ _ ~ <ws %3x x ~~~ ; i ,~"~1.~a~ ~ .~~' ;~ M J t ... ~ i.. F'"~ ~~ r i iii c ... } ~~ '«~'~'1 ~~: t+: . Y r 3 ~' y~ Double Helix Sail r i ,~._.. P~ .~.. ,.. , r~~ _. _ ~ ; xll. 5I .J~ t + 3' •, ~ • ~ ~ 6.~~ t.ta~t ~ r,t• - r =~" ~ :~ S •f i..~ ~.... ..i.t.,ri YXa r .~a i:~ i, ! t .~'' '' ~' ~: '~' i ..'i Double Spinner ~~ i `""~ ~~` City Hall --~ r~„ City of Colleyville 100 Main Street ~~,~' '~ Colleyville, Texas 76034 ~~{~~~~ 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: 11/04/2009 Agenda No.: 5a 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: Letter to Table Request Location and Zoning Map Notification List Zoning Exhibit Ordinance 0-09-1733 History of Legislative File Version: Date: Acting Body: Action Text: 09/14/2009 Planning and Zoning Commission 10/20/2009 City Council 11/04/2009 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 Second Reading and Public Hearing There were no speakers regarding this request at the October 20, 2009 meeting. The City Council requested that the applicant submit an exhibit illustrating the fire apparatus turnaround near the proposed house and how many fire trucks and ambulances could park next to the house in the event of a fire. To date, staff has not received an exhibit from the applicant. 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 Status: Second Reading Controlling Body: City Council Cify of Colleyville Page 1 Printed on 10/29/2009 Agenda Briefing Continued (0-09-1733) 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. 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. The proposed lot meets the technical requirements of the Land Development Code as it pertains to flag lots. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 10/29/2009 James D. Lafferty 406 John McCain Road Colleyville, Texas 76034 Tel: (817) 845-3381 Em: jimlaffertyi@verizon.net October 27, 2009 Mr. Ron Ruthven City of Colleyville Interim Community Development Director Re: Ordinance 09-1733, Case #ZC09-012 Dear Mr. Ruthven: I am the applicant for the referenced re-zoning case. The second reading and public hearing was scheduled for November 3~d which I was planning to attend. As you know, the City Council recently moved the next council meeting to November 4`". I have a scheduling conflict with that date. Please accept this letter as a request to table the referenced case until the next council meeting. I look forward to your reply. Sincerely, Jim Lafferty Location and Zoning Map _,~~~a 73D3 7. 7208 72C? T~C~7 7302 ,~"sDt 74~'~~ 7200 7~rD AG 7zo7 AG lLD~ 720$ 7205 R40 7~D~ 7~os Site ~»~ 7~G4 7201 0~ Fr^.i~ 5'2 7? 02 7103 z O ~,J~v ~ ,trf~l(~ ~, UD . M AG ~'UD ~' ~ [ ~Do 7~oD ~~o~ AG 1D08 71 "v-5~ R20 ;,,~ ~DS 7000 7v!~y .3~~ 70Do 7~a~ Ft 4 Notification List OWNER NAME OWNER_ADDR OWNER_CITY OWNER STATE OWNER _21P SITUS_ADDR Hightower, 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 Trinity 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 §y-y~Ca (~Y ~z e d ~ ~ S t ~ ~` PdyS 32S ~fi ~' v k f ~ q ~ ~ i ~~. ~* 8~ 7 ~~ ,E ' a ~ 5 ii ~ c y r4 A, b, C ~ ~ 3~ ~~ F~` `c 3 ~Y ~ ' ~ ~ ;~y g ~ ~ e E s ~~~ ~t ~ ~ ~~ ~~ 1 ~ Yk ~~~ ~~ ~~ ~a ,3.~ fi ~E3~ a ~X 5~ ~~ ~~ ~~ Ea $ x~ ~ x Y2Y2 ~. ~$g L ~y~ ~¢ ~ P Y ~~ ~g g~ •~ 9j~. 8$ rd h Y S~ F~ 1 ~4a~ .~~ ~~._ .. ~, . , a: t . ~ :~~~ ~ : F, L F I ,,...»o -V}w ~ ~ jt ad~ ; ~~~~~`~ .i ~mrC/JYv~~K~ f~ ~'f~J ~ lY F+~r p x ~% I C (K ~, •~OwWZ ~~ ~ H ~ .. l~~~o~` U/VZa. °. ~ 3 Otx°~ a ~d< ~ , .~ a p~q $ ~ j :... A '.~ ~ 4 r .. , . ~ _tS NA° t,Q!lZe00 w l ~ ~ ~~ a[ a _ ,~~ Y V! r ~ _ ~N~, i ~ ~ `~ ~tt ~ ~ °y,~, m `~~ ~~ . $ ei h ~ _ a7aK ~ ?^- z ~ ^a '~ ,, s y ~ ~. ' ~~ 5 . . a 2 f'1 ~ ` .. _. a ~ ~ . ~ d.H aa~ - ~ ,. qq +X~ ~~ Y, t 5 ~~ ~ i 1 ~ w ~ ,. ~ ~ ~ j t ~ f 5 _„ p ~ `~ - - ,.. ~_ ~., a ... ! ~ t ; i ~„~~ ~a~ L$ ~~~ ~; Y;~, ~ ~~y 2gs ~ s $ A ,x c yy Fx ~.~f 5 ~i§e ~. 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 ~.,~~ ?303 7, 72Gfi 7~~~.3 72G 7 7?v2 73G1 AG 72G~ AG 72G~ AG 7200 72£}7 Site 7204 7?0~ R40 72"2 7203 7112 72GC~ 7201 BUG :,~~ ~~2 7~PU R 7163 ~G4 ~~~ . ~ ~~ ~ ~~. ~ ~ ~ ~.~r i r00 7106 7101 n PUD~ AG 7GO8 71;,x, N.;. 'G5 %GG3 7°~G# s1 70GG 7161 -.,Q Exhibit "B"- Metes and Bounds Description FIELD ~©TE DESC'RIPTI(~~ FC7R TH.~,T Pt~RTIC)1 (~F LUT 'R SIT~_'ATED If Z4VP(C1 "~G ~I.L of that certain tract ar parcel of land ~ittaated in rl~e Lt'. E. C'RUt?It~ ~t?R~'EY.:~BSTR~CT tiC). 2~~ asati the R. B. ~t'ILLI~~iS SL'RZ'EY. ~BSTF~C'T ~1Ct. 16 f -1. Tarrant (_ Ctlliltl`. Texas alld ~ie11lg Lot 'R. Block 1. $RIaR CREEK ESTr'1TES. an ~-ldditiau to the Cit~• of Cone`-; ill:. Tarrant Cotult~-. Tees as retarded in CaUinet r~. Slide 1718 of the Plat. Retards, Tarrant C'otsntti_ •, Texas and being more partittllarl~• clestriUed b~,• metes asld Uoullds as fc,llot~-s: $ECTIti~'II~C; at ~: l ?inch steel rod found for the sautlleast corner cif said Lat. 'R. lacing the satith.~•est corner of Lat 1R of said Bleak 1, also U`:l.ilQ 111 Che appal'ellt ilOrtherll' rsallt-of-.s•at~ line of 3olul 1~~1cCai11 Road (~Z t'ariable 1~-idth right-of-ti.-az•); . _ THE~C'E'vorth 8~ degrees :> 1IIilltues 1? seta11C1S S'<'est ~~-if1i said ll4rtllrrl~• ri~11t-af-~.•a4' .line, 17b.5~ feet to a 1_'~ i11eh caiaped steel rocs stamped "~~IOAI~ SURD` IhEC'" Set for the i<?tidl~I•~st corder of prviaaszd I.at ~R_': THE1C'E \al-tlI OI) degrees 0-1 III1IILiC25 I3 sr_cands East. departing Said right-of-~4•a~• a11d tt•ith the ~,~•esterlg 1)anllndcllZ' line of Said Lot _''lZ. 6Q.Q0 feet tc: a 1.2 inch capped steel rod stanlpzd `~1~1(~:~Iti St-Rt' ItiC" set: THE~C'E ~artln ~' degrees ~?~ llulltlt~S C1~ S2'[t~IICiS East Cantlintlun2 R'ltln Sald;~•esterl~- bot111da1~- line, l~l;~.{)3 feet to a 1' ~ ilntli tapped steel rad stullped ._ti,IO ~.I~ `~tRt' ~C"• set: - THEtiCE ~artll ~1 degrees ~~ nninnitAs ?~ 4etolnz-is tw~'est t~,iltlint1111g ~,~•ifh said •~~-esterl~• l~otxndal-_ti• lime. 8?.=17 feet. to a l ?inch capped steel rod stalnnpecl "~'I(~r1F. 5L'Rd' IBC~` set:. THEI`vCE lortli C)3 degrees 33 nlilntites ?~ seeolnc:ls tit`est tantuntliln~ 4~•itli said z~;•esterl`- Uoullda~• lisle. IS_'.b-l feet. to a 1: 2 inch tapped steel root stallllaed "'1i0AK Si_'R~' NC"' set:. THENCE earth +ay degrees 1 Illlnllltes C-1 szet,llr'ss East calltlllll1112 ~=rid1 said ~~,-esterl~• batllndar~• line, ? lt).4Cf f, et to ~~ 1 '? isnth stz°1 rCtiLi iatulci tar the inal-theast ~: c)rlner of sari pralaase<l Lat '?R1: THENCE Sotttll 03 degrees 33 nlisltitrs ?-1 Seconds East. at _'~7t~.-ll feet passsig a l ~ isYth capped steel rad stannped `-;1~'IClr~1, SIRZ' Ii'v'C.` found far the llc~rthw~-est comer ~~f saiel Lot 1R and tantinttilig titi-itli the «•esteri~~ laatuldatl~- line of Said L,ot lR. in X1127?.-I~ fezt to a 1 2 illcln cal=?pect stzzl s•od stamped ''~1C)?.K SL~RZ' IBC" found:. THE'`CE South ti)1 cle4z'ees g IIU11Utes ~`-~ S2Ct~I1t1s East cantinuisl= ~,cit11 saint ~?estcrl`• Uotllndall- Ii1ne, ?~7.ti3 feet to the place ofbzgiluniug a11ci cc~luaill111g ~f._)L'~1 ~l~r?S l,t lailli, I•~~}_}8S SCI. fr.': 1llare or less. ,- City Hall ~~~« ~~ r City of Colleyville 100 Main Street - ~ Colleyville, Texas 76034 ~~~ 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: 11/04/2009 Agenda No.: 5b Status: Second 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 Amendments to Chapter 5-Tree Preservation Proposed Changes to Chapter 2 -Definitions 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 1 11/04/2009 City Council Title Approval of amendments to Chapter 2-Definitions and Chapter 5-Tree Preservation of the Land Development Code Explanation Second Reading and Public Hearing There were no speakers regarding this request at the October 20, 2009 meeting. During the October 20, 2009 City Council meeting, staff stated protected trees that die within one year of the completion of new development require mitigation. Upon review of both the existing ordinance and the proposed amendments, staff has determined that there is no written requirement for such mitigation and that this requirement has, in the past, been enforced as a matter of policy, not ordinance. Although enforceable as policy, staff recommends adding the following section to the proposed amendments to Chapter 5: Section 5.10(F) -Mitigation and Violations "If any protected tree dies within one (1) year of the issuance of the certificate of occupancy, final inspection or acceptance of public improvements and is brought to the attention of the city manager or his/her designee, the original permit applicant shall be subject to the replacement/mitigation requirements for protected trees per this section." City of Colleyville Page 1 Printed on 10/28/2009 Agenda Briefing Continued (0-09-1734) This section has been added to the draft ordinance. 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 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. City of Colleyville Page 2 Printed on 10/28/2009 Agenda Briefing Continued (0-09-1734) 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 3 Printed on 10/28/2009 O .N L O r~l L J •~ V L a W V L O L O ^~ ~~ w~w' wW W L a a~ as `L r c ~ ~+ ~' G i ~ Z m ~ ayi v uDi `° . a ~ y y~ a~ a ~+ S `O w c . c •. ~ ~ y m °~ ~ w g ~ ~ ~ ~ ~ t ` ~ ~ cb C.: ' •. ~. >, o Z~ 7 ~ y N N N U N C~ L .d.. O ~ ~ N N !O N C O .O`-~ C J O U ~ ~ ~ m v d ~ Z f0 C C 7 N N T V N .L L ~ O >. ~. ~ f0 ~1 n U ~. ~ € N C E ~ ~ ~ N N ~_ OD d ~ V ~' n U `- CO = .V C N T a ~ C~ C N C N T N T 0 O C Z f_ l0 ~ n O U O C U C € N C ~ ~ LL N d O1 ~ OD N ~ 'O b n U m a N C O .. ~. 2 ~ C 7 N N O L r O O U ~ m ~ ~ ~ N ~ O U '~:-~ N C N N L r ' T T N V C C ~ C E ~ d ~ C7 ~ U ~ U c O -_ U ~ ~ s T T ~ C C V C ~ C N a n O. ~ C7 ~ L U p ~ U ~ M T C ~ ~ ' ~ ~ d o =c 'Li' = Z m T m T ~ _~ o m~ a o U o c c o 'a ~~ y- . ~ ~ ~ ~' U v v g > °' ~ `m E . m E c ~~ n o o ~ ~ = o ~ m ~O °o T T U ~' ~ (7 w ~ ~ y U C _ ~ v N O y N ~ m m 2 2 m o~ m N v '~ 1O Y T T W N O. ~~ d >` C N L ~ Y ~ ~ T T O .~ 2 m d .C o ° U m ~ v o ° N ~ `° o o O N p, C L' T C f0 ~ ~ C (y ~ ~ ~ U c+~ C ~q T N > ~° C `S ~ ~ 3 ~ Lh -y. C ~ ~ C ~ ;~ Z ~ , ~ CL $ $. ti ,~ o ~N a a U m m a m o ~ ~ ~ ~ E3 ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ E ~ E a E r ~ ~ S°rn ~ '9 v ~ I=Q /4a ~~ a~i > ~a~ ~ ~~ ~ ~~ ° Proposed Amendments to Chapter 5 -Tree Preservation Colleyville Land Development Code Additions are underlined and deletions are s~~k~ Chapter 5 Tree Preserva~ioln ----------- - ------ ---~ ~ ..._~~_-._.~-~_._...u ha~arroosi 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. Section 5.3 Variances and Appeals 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 7 - General Provisions of this Land Development Code. Section 5.4 Definitions Definitions applicable to this Chapter may be found in Chapter 2 -Definitions of this Land Development Code. Section 5.5 Tree Removal Permit 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 s#rilEe#bfeugla Page 1 of 15 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 desigr-ated 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. rr~nF Frnm ih~ n v~ vv v vh~ll nnf he on erl 4v nh4nin ~rcc rcmnv~l r~nr.r.ii_ .., fhn .~... .. ..... ... ~..~ .. .. ..... .. .~..~:. .. ~.~.~.... .. ~~ . _..._ . ~. r• _.. Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are s#ilEetl~eargb Page 2 of 75 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. Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined. Deletions are s#fi#e#1}reugl~ Page 3 of 15 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 Inser ted on Preservation Plan ~~ ,~; ~:.' o T ~ on SIt~ Calt~ed, [ncNe~ ~ r _ ve ~ ~ item of to by ~ R~~ Ex~ ~~~~ Removed ~i ~ R4tnpved ~'. T . ' 3"' ~I r . 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 C: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.a-412) n#~n#i~ll~i n~~i~~~~~n~~e ~~ ~} Ip~e ~~ c i ~nh nn X14 ~#e I~~in~ ~4 i~+ . ' ~ Proposed Amendments fo Chapter 5 -Land Development Code Additions are underlined. Deletions are ~e~ Page 4 of 15 9-1_ 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 Pldling of Sub~viaon without Pk+tting of Subdivision with Action Proposed Corrotrudion Proposed Corxtn,ction Application for Tree Removal, of Proposed Pubbc Streets of Proposed Pudic Streets euldirp, or Grading Permit Utiitiea, or Other Infrastructure Utilities, or Other Mirastrudure PrallnJnary Ptah PralMYnary Plras ' Ras4MMf.r Hobdfuislem APWies 7o Mal Plats Pinar Platt ~ Planaa artleMtlN rats Meet Plate Matt -hts I PUdhtl Comtrreul Lett Tray Lrrvy ar Asrltl Tras Prssarvalbn PYe ~ Tea Preasnatlon Plan ReoPired Plan Pnoromawtinaoatwar Tree Corarps Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined. Deletions are s#iket#~eagl~ Page 5 of 75 v°cshirecrr~r~crcctS cv rcmaln• and ths6e~e ~e-FemelFe~ ^ ^I"° ~.~~ ^h~ra~.+er ~h..ll atiAR: 4 The li~~ ..f 4recc 4n ho remnverl ~ . ma> .,....., ., ....... ... ..... .......... ~~.. ~. The 4n4~+1 r~li~+me~er of 4rcnc. 4n ho rcmn.icr_l > > • ~ i • • 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#i/Ee#kfe~rgb Page 6 of 15 for the purpose of this section. The chart below shall be used to determine the minimum protection requirements: Fxis+inn Trap Cevprana Preservation Reeuirements: Percentage of existing arotected tree coverage Minimum aercentage of the exJstina protected tree coverage to be oreserved 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: 1. New Residential Subdivisions with Street Dedications: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this cha ter: 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 all 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: Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are qtr-iket~re~b Page 7 of 15 a. Mesauite b. Hackberrv 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 Collevville, 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 Collevville 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 s#ileugh Page8of15 Section 5.x-89 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 s#~iketHxee~ Page 9 of 15 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 OfFcial'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. 1. 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. ~ .. . .. Anv 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 s#il~H Page 10 of 15 Section 5 8(C)5 shall be mitigated per the requirements of this section and other applicable Citv 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 lap 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 rg_oject. 3. The location of replacement trees is restricted from utility easements and rights-of- wav The location shall not be in an area such that the mature canopy of the tree will intertere 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 protect release Optimum planting times do not always correspond to proiect completion For that reason replacement tree plantings may take place after the proiect is released by the City provided that before proiect 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 shall be assessed and paid to the City of Collevville and deposited into the City's Tree Preservation Fund, or; Proposed Amendments fo Chapter 5 -Land Development Code Additions are underlined, Deletions are etrilce~e~ Page 11 of 15 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 Collevville Tree Preservation Fund All mitigation fees shall be paid into the Collevville 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 Citv owned or leased Qroperties rights-of-way and other public properties such as public schools. county and State properties located within the City of Collevville. 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. F If any protected tree dies within one (1) year of the issuance of the certificate of occupancy final inspection or acceptance of public improvements and is brought to the attention of the city manager or his/her designee the original permit applicant shall be subject to the replacement/mitigation requirements for protected trees per this section. _- 0 Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are ~ee~gi~ Page 12 of 15 Section 5.311 Replacement Tree List 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. REPL~CCEMENT 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 ~ee~'- Page 13 of 15 Section 5.a-412 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. 7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before construction begins. Section 5.a-513 Amendments 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 Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are ~et~gM Page 14 of 15 Proposed Amendments to Chapter 5 -Land Development Code Additions are underlined, Deletions are s~i/Fe##~sugl~ Page 15 of 15 Proposed Changes to Tree Related Definitions Chapter 2 -Definitions, Land Development Code Critical Root Zone. Th~_~r~.~~n •hc .~ri., li.,e nF +he free Ac~_.. ~r.+n4in~l ~,~ ~nh h~in fn 4hrec •imec• fhe rli f•+nno frnm •ho ~r~ ~nL ~n Oho rlrir~ lino. 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. 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 ~3} six 6 inches or more when measured at a point four and one-half (4'h) 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. FINDINGS AND RECOMMENDATIONS FOR COLLEYVILLE TREE PRESERVATION T1DZa8 SUBMITTED TO: Mr. Ron Ruthven, AICP Director of Community Development City of Colleyville, Texas Submitted By: 1 /BURDITT Consultants, LLC P. C?. Box 1424 Conroe, Texas 77305 C)ctober 3, 2008 eia.r ~+ar October 3, 2008 Mr. Ron Ruthven, AICP Director of Community Development City of Colleyville, TX 100 Main Street Colleyville, Texas 76034 BURDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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, ~~~ Paul S. Howard Project Manager /psh Attachment Findings and Recommendations " = ~ ~' ;~, ~ ~~ 4 x ~`~ Page 2 of 17 Pages Colleyville Tree Preservation ~~ ~ <.1 ~~~. ~ '~ October 3, 2008 Burditt Consultants, LLC ~,~_~, ~ ,~, _ _ , _ 1 ' ..°~ ``°'_` I3URDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES ~wr 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 Colleyville 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. Findings and Recommendations "^ '" ' ; ~ 'a ~ Page 3 of 17 Pages Colleyville Tree Preservation il~ ~ _ ~ ~ ~ October 3, 2008 Burditt Consultants, LLC ; , ~` „rv ~ j;°; d v a~,~.. BURDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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 ~ "` ,,~ ' f , i '" Page 4 of 17 Pages Colleyville Tree Preservation '~~ , ~` ,~~ ~ ,r October 3, 2008 BurdittConsultants, LLC ~,,,,, ,~ ,, ~~~-, ,`~ a°~ BURDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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. -~- xa ~ ~ Page 5 of 17 Pages Findings and Recommendations ~ ~ " ~,~ Colleyville Tree Preservation '~~ ;?~. ~~,t `:~ October 3, 2008 Burditt Consultants, LLC ~ ~~ -,_~' .. ~~~;_.,, ~. .. . ; ~a `` BLJRDITT Consultants LLC f~LANNING + ARCHITECTURE + RESOURCES i~ 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: 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 ~''' ~„ Y :~~ 'ems„ ~ c Page 6 of 17 Pages Colleyville Tree Preservation ~ '~~ ~„ ~ -~ October 3, 2008 Burditt Consultants, LLC ~~~ _~ ~`.`: , °", i' ~;;a ``°" BURDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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: 1. 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 (Tree]. 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 ~ " ~ ~ , ~"I ~ `~ Page 7 of 17 Pages ColleyvilleTreePreservation ~' ~'~ ~: ~,.~~,~"`~.~~'~° October 3, 2008 Burditt Consultants, LLC ~ <~ ~ ~ ,~.. aryl BURDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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 ''' ,~, ' >~ ~~ ~`~ Page 8 of 17 Pages Colleyville Tree Preservation ~_" '~'~ '' ~ ~~ r- ~~ 3''~,~r ~' October 3, 2008 Burditt Consultants, LLC ~,`~ ~ _, ", ` ' ~ '~ ~, BURDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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 - De~nitions 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 C°Ileyville Tree Preservation ~ ~ '~~ ~'- ~~, a~~~ October 3, 2008 Burditt Consultants, LLC ~' a~ .. ' ,~'~ e-a.r I3URDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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 Secfion 5.7.8 of the code. Findings and Recommendations ~ J ~`~~,, Page 10 of 17 Pages Colleyville Tree Preservation ~~ ~~. - ~" ` ~ `~~s °'~'( October 3, 2008 Burditt Consultants, LLC " ~ `" -a ~~.. ~ ..~ -- x . _~ . v . mw d v ad.~• BURDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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. Wth 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 -~~ .~ / ~""~" Page 11 of 17 Pages Findings and Recommendations ~,, ,,~ Colleyville Tree Preservation ''~' ~~ 'i. }~ ~~ ~ October 3, 2008 Burditt Consultants, LLC ~ ', ~ `•`" ~: °' BURDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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 '~~ '~4 - ~__ ~~~. ~ ~.~ October 3, 2008 eurditt Consultants, LLC tiL , ~ _ ~ ,~ ; ,~ d v ~.• Recommendation: The followin Chapter 5 Tree Preservation in permitting effectively. BURDITT Consultants LAC PLANNING + ARCHITECTURE + RESOURCES g flowchart should be inserted into order to guide developers through TREE PRESERVATION PERMITTING PROCESS Platting of Subdivision without Platting of Subdivision with Action Proposed Construction Proposed Construction Application for Tree Removal, of Proposed Public Streets of Proposed Public Streets Building, or Grading Permit Utilities, or Other Infrastructure Utilities, or Other Infrastructure PrNimb~ary Plats PrNbNnary PINs Rssldsntlsr Submvlstons Applies 70 Flnt -INS flnN mars Ptma RssNNnWI Late 6snor Plrts Minor Ptaa PlaltW conanerchl Lots TrM 6urvsy or Aorta Tra~o PrAavatlon Plan TrN Prsssrvatlon Plan Required Plan Presto Intlkrtlnq rasnsrsl Tree Cov~rag~ 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 1. Funds collected from mitigation fees and penalties for noncompliance with this Subchapter will be placed into a dedicated account known as fhe 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 '~'~ ~~ ~, ~l~n,,~~'1 {~ ~ October 3, 2008 Burditt Consultants, LLC ,~,~~ ,_~- ~ _ "-, da.r air BURDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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 Cify--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 ~''~ 's ~"" ~ ~~~, Page 14 of 17 Pages Colleyville Tree Preservation '~ ~'~ ~_ " ' ~Y October 3, 2008 Burditt Consultants, LLC "~?-~ , _~ ~ ~ ~ ~ ~, °` ,~ ~1a.~ BURDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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 PISTA HE ` MEXICAN FAN PALM ` HINESE 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 tn;e, but seems to perform quite well. Growth can be poor and foliage can be chlorotic in alkaline soil. See http://hort.ufl.edu/Vees/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: ExVemely large tree, significant litter problem. Savannah Holly: Prefers full sunlight, sensitive to poorly drained or over-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 or over-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 rr; ., l ~ "'t ~ ' "' Page 15 of 17 Pages Colleyville Tree Preservation ~ ~~ ~' ~`" ~ ' x a,y ~ ~ October 3, 2008 Burditt Consultants, LLC i,, ~~ _ ' ,`~ ~ ~`: s~ ~s d ~r BURDITT Consultants LLC PLANNING + ARCHITECTURE + RESOURCES 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 " ". ~ _F~ 'J~ ~ '`~ Page 16 of 17 Pages Colleyville Tree Preservation ~` ~ _k ~ ~ ~~„r ~ October 3, 2008 Burditt Consultants, LLC ~ .#~, ~ , _;~ ~ ~' ,`~. d 7+aar APPENDIX BURDITT Consultants I_LC PLANNING + ARCHITECTURE + RESOURCES Recommended Tree Preservation and Treatment Specifications Texas Forest Service Big Tree Registry Findings and Recommendations ~ ~" ~'' "~ ~ ' ~~ '~' ~ Page 17 of 17 Pages Colleyville Tree Preservation ' '~~ ~ ~ ~~-.~ ~ October 3, 2008 Burditt Consultants, LLC ~r ~, ~ - :' a.~ 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 10 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. 1/7 I. 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). 2n 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). 1. 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 J. 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. B. 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 (9th Edition 2000). 617 3. 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. 7/7 Texas Forest Service Big Tree Registry O C ~ ~ C YV O ~ .E W ~ m ~ ~ g ~ ~ •~ d ~ ~ LL ~ ~ n d v ~ ~ , ~ W 5 Y m v m ~ ~ m N y m ~ ~ ~ 7 ~ E ~ .{ ~ 3 ~ m m ~yj m ~ m a C ~ o x ~ ~ a i U' W U 3 C7 W U ~ N a d v Vl ~ J ~ ' ~ ' ~ w C 0 o t Q q. n g i ~ 2 ~ -Oi y S ~ d m ~ d m m ~ { O S ~ ~ ~ N F~ ~ U SS S ~Bq V _yy S ~ O ~ ~ J y N ~ U y n 8 ~ N 8 r ° n 8 n 8 ~ ~ In 8 ~ g ° 8 u7 8 ~ N W r 8 ly ° n 8 n 8 ~ 8 ° 8 8 8 ~ ~ 8 ~ a 8 0 $ 'D V~ a a N ~ Ql Of a ~ ~ ~ ~ ~ N ~ ~ ~ N N ~ ~ N N N ~ N N O~ ~_ 1~ ~ ~ `! ~ N N J 01 ~ ~ f~ f~ a ~ 0 ^ ~ Ol ~ ~ O/ O~ ~ ~ ~ ~ 1~ ~ PZ ~ ~ a ~ V ~ a m C W N t'f O ~ O N O N O N N M ~' t') W t+1 m ~ ~ N W N n w N W 1N0 h ~ M ~ ~ N OW1 N O N Oy1 E INO t'1 0 W p V N ~ W ~ n N W Pf m ID C ~ f0 F 9 6 W W V pppp M fD Q Ot W t0 Y O) OD ~ N n r W N r t0 tD V N IA .- ~ OOi 0J r r IA t0 W W 0] W W a0 N Q1 W N t9 N It7 .- n O C7 Iq c7 M C 3 U t O) •m tO .- M M Y7 N 1A W N Q N 7 fh t0 M N V N r p t$ ~ ~ aa Y p0pp 7 ~p O/ pp iD V N 1n W N ~ 117 ID O c0 O .- n N IA .- O/ N N N Pf ~ N N M N O) tlf N c7 x a ~ n. a a a d " a ~ a a s a. s z ~ ~ ~ ~ ` ~ ~ ~ ~ ~ t d d d d d d •1 d d d d d d v S S 2 2 S 2 2 2 2 = I S = c U U U U U U U U U U U U U N O ~ ~- Z W °f F- Z W W n Q W Q W ~ F- Z W ~ Z W h Z W N _ ~ N N W r O Q O IA n O O W r Z W 00 V _ p t7 n ~ rI ~ t- Z W t- Z W ° ~ ~ °r ~ W Q1 N N t- W an N O N W 00 ~ ~ O N ~ r Z W u7 c7 OI Y7 ~- Z W r- Z W ° N E- Z W E ~ rr ~ ~ ~ ~ ~ ~ cr rr ~ tr ~ u it ~ ~' ~ ~ S ~ ~ ~ (Y ~ ~' ~ U V U U C.> V V U U U U V U V O O 0 0 0 O 0 0 O O 0 0 O e.. 7 Z ~ Z Z Z Z Z Z Z Z Z m o o O rn O o O o ll7 M r In r o ~ In N o N rn 10 r~ r, ~ O) ,~ ~ ~ co OO ~ o W r~ ~ ao 1{') N rn W m O) ~ M ~ O ~ (O o r N ~ In .- rn r o N E m ~ eo N ri N ~ cd V' r~ V co n M o W v N ~ ~ V v r ~ M ~ ~ O) ~ ~ M n tt' ~ M M ri r• ~ ~ ~ N Iri M ri ri ~ ed ~ D d f0 N N O ~ N pp N O O ~ ? ~ C O ~ ~ C m ~ ~ ~ ~ ~ ~ E c a Y ~ ~ m E ~ cg ~ ~ ~ ~ E E N E t m m rn v i ~ x 'x o '> v m` c~ m w a° m ci ~ c~ = z in ~ ~ ~ x°0 = = ~ ~ ~ o i~ a` v ~ c ~ ~ N ~ .q t Tom. a !C = y ~i' ~ cR_ c E ~ ~ ~ a ro 'm e y e ~ 10 y ~ ro ro ~ e m y . ro im~pp m ayi ~0 ~ E = m C ro ~ > " ~ ~ ~ > > C tp ~ ~ ~ ~ ~ ~ `° a i S LL ~ =0 > :~ > ~ ~0 'e N 10 N c o . v y .~ U ~` ~ C c a V C a = a _ ~ ~ p ~ ~ e y '~ .d c ~ 8 "e = a = a m x H ~ O ~0 ~ ro ~ @ ro ~ = G A X v; N d E = v a °i ~' ~° E' '~ ' ~i ro c 'U ro c 'U ro c ~ 8 Q ro n ~ 'U c a'. ~' a t .a' m x L = _ a, ~ m E ro E L E ~ 'm t y v' E 2 ro ~ .c y 3 Q v' e ~° o ~° a ~ 2 n le Z '~ 2 g t p a e = x m c y ro ~ a ~ 10 n m ' ~. $' e ~ ar ~ x N Z Ico m ro ~' o m m 1% m > > > > > > > > > ; ~ m _> > 10 E ~ ~ m , 'c a G N > > > =° ~ q' i `° a ~ > ? > ; ~ x ~ ~ ~ O C yN J 100 O ¢ ~ U ¢ ~ U ¢ y = _ ¢ E O U a ~ t W a ~ t W a ~ .C W G ~ Il C ~ lL C ~ ll .G L W CC ` Il C_ ~ IL C ~ IL C ~ IL C_ ~ IL n O 4 n g 11 ~ ro m D xOx N I- a % ro 1- ~ 01 ai _ ro t0 ~ ~ N ~ O ~ y pl 10 LL ~ ,._. y ~ ~0 ~ y m y Z [ = a 1 ~ _ a ~ ~ = a ] C O U ~m U ¢ y~ O ]. ro C ~ l~ y d ¢ ~l. y 0) ¢ ~l y 01 ¢ ~ y 01 ¢ q C ~ LL OI C ~ W 41 a O ~ N Ul 0 c0 ' A . a, 'o ~, E d ~1 N Z O lD ~ ~' O w 10 of m u 3 t _ m ro u O t H , K m ' ; 0 ~ m ~ ro A m A ~ Imo w W a A a •> h ~ ~ Y 7 Z a Se V ~ d {~ c • Z L ~ " U L ~ u p Y to °' m 'v e e A ~ ~ c ar 0 3 A c ~ a 0 o ~ m e a N (0 7 O O C Q1 C p 1. 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U U U U U U m w 0 O fO O) N ~ ~ in O N °1 M ~ O ~ M O ~ OD Nf t0 O ~- F- Z W t-- Z W N M r Z W ~ t- Z W ~ °I 0 F- Z W v ~ OD ~ m N M N N r- Z W u7 0 t- Z W 47 N - If1 O - +- Z ~ ~ N ~ ~ Z F- Z O M ~- Z F- Z ~- Z t-- Z ~- Z E 2' ~ ~ Q' ~ Q! ~ ' • ~ W W W ~ W W ' W W W ~ ~ 2' W' ~ ~ ~ a 2 [Y Q' LY 2' ~ K K ~ ~ Q' 2 ~ R R' ~ ~' ~ W' U ~ 7 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 7 U U V U U U V U U U U U V U U O O O O O O O O 0 0 0 0 0 0 0 z z z Z z z z z z z z z z z z ~ ,~ cD O) n n V' c0 O o M m N n N c+r O o aO ao n 1n O co n ~ ao ~ m ao t ~ N n sf ' N ~ a0 0 0 m ~ O ) ~ (~ ~ o N O O O d rn ~ n ~ (D E N CV O ~ (V a0 ~ f7 E O N In O ~ In f17 (V M ~ ~ (h V ('7 M fV C O N fC N ~ r M O n ~ N ~ M fM M ~ ~ ~ CC O ~ ~ ~ O ~ p Or N 0 Ol y `O a) C OC ` ~a ~ 0 ~ ON d N t y O. y O y a O N O O) ~ C O N a) y ~ ~ m ~ ~ ~ ~ t E t ~ E ~ `u ~ ~ v •t E in f0 ~ as ~ t ~ c a`r ~E m x m v ~ o ._ ¢ 'x m m m ~ o o ~ m m m m ' > E m >, o > ar ar m m ~ x x c~ ~ c~ c~ m m a m = x v m o x ~ z v~ m H ~ ~ m ~ ~ o ~ m ~ ~ ar ~ (V ~ c ~ ~ ~ ~ o ~ m , $ Z ar ~ ~ ~ ~ n ` E m a ` a m m m yr d O N m ~ ~ ~ a 'c °i m m m m ~ ~ o E ° N ~`~ ?~ m m e m c 2 ro r a m '0 8 m '0 8 e 8 m a ~ a ~ " e E l° c N c i p N cy i tp ~ > c > c > e 0 Q ~@ a a = N °c' c ~ ~ ~ m ~ ~ c ~a .~ a $ v $ o ~ - n r ~ c ~ ? ; v° a axi ~ ~ E c ~ °, c m ~ E E e e a y a '~ X E 0 E E nt iri m E ~v a m E m N G m >.. 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'~ m E n `0 ~ i o _ m m m c ! ~ 2~ o e c tmi ~ E ~ m '~ y € s' A ~ , r °' ~ i c C a ~ .~ m c m e N ~_ .~ ~ $ ~e ~ ~ ~ m ~ . f o ~ g7 m ~ m ' ' ~ E ~ .Q ? c a c E '~ w 'c o '~ a ~ a L~ ~ m m a J a W m '° E m ~ ~ { Lo ~ m fT m ~ S y ~ x iii m m E ~ .Op m ~ w y a E 8 c 8 c 'A m E `~ E ~ ~ x m r ~ ~A E m m a ~ a m t ~ ~ ~°. ~ ~ ~ ~ e' i a o ~ E 2 x ~ @ ~ ~ Yn ; n e x E o 'S, r ? ~ F a a •2 H N ~ 2 C E h 2 ~ H 2 7 e 7 e 7 e 7 e ~ e 7 e 7 ~ yyy> y j e y ~ y ~ y ~ N ~ N ~ N ~ h ~ y ~ h ~ H ~ ; } ~ e N ~ N ~ = ~ N ~ ; ~ vl ~ > L'7 > ~ ? e ? ~ N ~ ~7 ~ N ~ N ~ N ~ N ~ ~ E7 m ~ 7 e > e > e ~ o X O O m > m > m > m > m 5 m > m > u~ > m 5 m 7 m > m > m 7 m 7 m 7 m > m > m > m 7 m > m > m > m > m 7 m0 > m > m > m 7 m O m 7 m 7 m > m > m > m ' m 7 m > m > m > m > m > m ~ J .~ .~ O C7 C7 0 o a a O V O a a o o v a o o o a ca o o a o o a o o o o o v o o a o a a a a a ~ ~ N N '~ Y d C O ~ N ~ L 3 ~0 N Z ~ _ ~ ~ p Q N c W x o m '~ o m '' a o ~ C m ~~ O m ~ A ~ m v p• C ~ 7 Y Z M a > ~° v ~ a +~ o y ~ °~ t c o > ` ; i m c d o li w v7 a7 w m °1 t 3 H Y a c ~ ~ o !~ ° ~ c a ; . 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H y l0 e X 3 '0 0 ~ 'v 3 °-' L + E > ; O °' I y O• T ~ O N .y. E d E ~ O d N Y N « O ~ a W W a E : L F_ N N f7 g Z V LL C M ~ O N y L y 7 d ! O 3 y w W 3 ~ a ~ Q _ *_.' - N ~ V "" N ' ~ ~ W V l0 a ~ 0 V O 0 C7 b C ~ ~ d > - ~ c o A c o A p L O u ~ Cf ~ 'Q c E y '~ y '~ y '~ W a O c~i O t o a o c ~ > > ~ 'e t E 3 3 3 3 3 . 3 . 3 r o 0 0 " " m A H A F A H A m w ~ ; E E E ._ a ~ ~ ~ a a a ~ ~ m m ~ o o o o o o o ~ > ; ~ ~ ~ c~i c~i v v c v `.4 :°• ~° = ° ° , ~ ~ '> 3 3 3 3 3 3 3 3 3 ~ ~3 3 ~3 ~. ~. ~, ' ' ~. ' >'. ~. ~ O ~ y G 4 G 4 N ~ 7 r d d d "a f F- ¢ v w C O .a E m U b U f0 C O 2 O 'a L U f0 O Z r d 7 E d .~ d d R d r 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. 11/032009 Section 2.1 Purpose of This Chapter 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. Section 2.5 Definitions 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 8 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; pertorming 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 8 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 -mprovemenfs 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 Locat Government Code, and it successors. Capital Improvements Program (C1P). 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. Cu/-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'/2) 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 ('/2) 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 Surface. 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 or fire-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. J 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 ofsite-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-oa~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. -'~l' 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. Nn 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. r~ • 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. Plaf. 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 Development 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-coch~re. 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-coch~re 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. Rr 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. is lam: 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- ov~sro2~ 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'/Z) 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/mprovements 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. Section 2.6 Amendments to This Chapter 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/Z009) ~n 5.1 Purpose of This Chaste 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. Section 5.2 Authorization for Adoption of This Chapter 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. Section 5.3 Variances and Appeals 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. Section 5.4 Definitions Definitions applicable to this Chapter may be found in Chapter 2 -Definitions of this Land Development Code. Section 5.5 Tree Removal Permit 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 of T s Totat C li of Exem t' Inches r Non t Exem Inchee.NQ~1- Trees to be gp~i~ ree - a per: p - Exempt to tie p .,. Ezerrip~~o Planted on Slte 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 Platting of Sut~viaon without Platting of Suhdivision with notion Proposed Cot>#ruction Proposed Cor>atnrction of Proposetl Pt~lic Streets of Proposed Public Streets ~ Uditles, or Ofhsr Inhas;rudura Utilities, or Other Inhastrudure PrNlminary Plals PNimNry M+4 Apdies TO PNa1-ISM PmM Msls Mnp' IISLL Mnor Pqb TrN SYfY~r 01 ~~ Trw Ptwwatlon Pbl Regaretl Plan Miaee1^°1°0"9°'A"'~ Trsf Covorgs PROCESS Applic~ion tot Trea Removal, 8uldltp, a< Grading Permn R~sYrrnrisl 9u0dNklans -lolrod RrrtWMa+IIMf PIMtW CannnrciN lots i I Trw Pnsws.tlen PNn Section 5 8 Tree Preservation Requirements 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: E 'tin Tree Covers a Preservation Re uirements: xis Percentage of existing protected tree coverage Minimum percentage of the existing protected tree coverage to be preserved 0% - 20% 0 70 0 20.1 - 40% 60% 40.1 % - 60% 50% 60.1 % - 80% 0 40 0 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 all 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 TrafFc: 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 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. 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 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. F. If any protected tree dies within one (1) year of the issuance of the certificate of occupancy, final inspection or acceptance of public improvements and is brought to the attention of the city manager or his/her designee, the original permit applicant shall be subject to the replacement/mitigation requirements for protected trees per this section. 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 SABALPALM 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 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. 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 tion of Tree Preservation in Land Develo ment Code 0-09-xxxx 11-3-09 Amendments to Chapter 5 based on recommendations of consultant ~ ~~ ~` ~~ City of Colleyville City Hall ~~~ ~'~,~,~ 100 Main Street ~~ ^ Colleyville, Texas 76034 ~~ ~ ~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1735 File Number: 0-09-1735 Version: 1 File Type: Ordinance Agenda Date: 11/04/2009 Requester: Finance Department Agenda No.: 6a Final Action: File Name: Approval of an ordinance creating and establishing a Municipal Court of Record Attachments: Ordinance 0-09-1735.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 11/04/2009 City Council Title Approval of an ordinance creating and establishing a Municipal Court of Record Explanation First Reading and Public Hearing Currently, Colleyville's municipal court is a non-court of record, which means any citation issued can be appealed to the Tarrant County District Court directly, without entering Colleyville's judicial system. When this occurs, Colleyville's municipal court receives no revenue for the appealed citation. If the defendant is found guilty at the Tarrant County District Court, Tarrant County receives all revenue related to that appealed citation. Recognizing the ongoing revenue loss to the City, at the July 21, 2009 Pre Council worksession, staff presented information regarding conversion to a Municipal Court of Record. Anon-court of record can become a court of record with the passage of an ordinance by the governing body per the Municipal Courts of Record Act of 1997. At the worksession, City Council directed staff to prepare an ordinance to create and establish a Municipal Court of Record. In Fiscal Year 2009, 5.1 % of all citations issued were appealed to Tarrant County District Court. Below is a table displaying the percentage of citations appealed to Tarrant County from Fiscal Year 2001 - 2009. OF CITATIONS APPEALED FY 2001 - 2009 FISCAL CITATIONS CITATIONS YEAR ISSUED APPEALED 2001 8,152 154 CITATIONS APPEALED 1.9% Status: First Reading Controlling Body: City Council City of Colleyville Page 1 Printed on 10/28/2009 Agenda Briefing Continued (0-09-1735) 2002 8,597 125 1.5% 2003 8,446 211 2.5% 2004 7,715 353 4.6% 2005 7,263 251 3.5% 2006 11,624 398 3.4% 2007 11,218 683 6.1 2008 15,621 697 4.5% 2009 12,550 639 5.1 The primary increases in appeals to Tarrant County District Court are from recent legislative changes involving citations issued to commercial drivers license holders and disposition of their citations, and appeals coming from defendants who retain attorneys to handle their citations. Conversion to a court of record will minimize appeals to less than 20 per year. As governed by Chapter 30 of the Texas Government Code, municipal courts of record, are municipal courts that keep records of trial proceedings (typically electronically or by means of a court reporter). In municipal courts of record, appeals stem from preservation of error in the court record and transcript. Defendants who wish to appeal are not entitled to a new trial at a higher judicial level. Their trial will be based upon any information presented at the Colleyville municipal court's trial. Currently, a new trial can be held at a higher judicial level, if the case is heard in a non-court of record. Appeals from municipal courts of record are governed by Texas Rules of Appellate Procedure, and error must be preserved in municipal court to be considered on appeal from municipal court. Per both the municipal court judge and city prosecutor, the annual number of appeals which could be based upon error should be fewer than 20, and that would almost eliminate appeals going to Tarrant County District Court. Additionally, conversion to a municipal court of record, will provide additional revenue from citations as the city loses approximately $100 for every citation that is appealed to Tarrant County District Court. There are additional annual expenses involved with a municipal court of record for additional court dockets and jury trials such as fees for the municipal court judge and city prosecutor and translation expenses, when a bench or jury trial is held for a non-English speaking defendant. Another one-time expense is for a digital court recording system with an estimated cost of $6,000. These expenses were included in the FY 2010 Municipal Court budget. Below is a table displaying the annual projected net revenue increase of $49,360 from implementation of a municipal court of record. Estimated Net Revenue From Implementation of a Municipal Court of Record Projected net revenue for Citations currently appealed (700 x $100) $ 70,000 Less Court Of Record Expenditures: Bench Trials (24 Additional Annually) Municipal Court Judge ($3,600) City Prosecutor ($10,080) City of Colleyville Page 2 Printed on 10/28/2009 Agenda Briefing Continued (0-09-1735) Jury Trials (8 Additional Annually) Municipal Court Judge ($1,600) City Prosecutor ($3,360) Translator ($2,000) *Estimated Net Revenue $ 49,360 Financial Impact An annual net revenue increase of $49,360 is projected annually. For Fiscal Year 2010, a net revenue increase of $25,240 is included in the budget due to the partial year implementation and the purchase of the digital recording system. Recommendation Approval City of Colleyville Page 3 Printed on 10/28/2009 ORDINANCE 0-09-1735 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CREATING AND ESTABLISHING A MUNICIPAL COURT OF RECORD; PROVIDING FOR A REGULAR MUNICIPAL JUDGE, ALTERNATE JUDGES, COURT MUNICIPAL COURT CLERK, AND ALTERNATE MUNICIPAL COURT CLERKS; PROVIDING FOR THE FILLING OF A VACANCY IN THE OFFICE OF MUNICIPAL COURT JUDGE AND MUNICIPAL COURT CLERK; PROVIDING FOR THE SETTING OF COURT SESSIONS; REQUIRING THE APPEARANCE OF ANY PERSON SUMMONED OF A STATE STATUTE, CITY ORDINANCE OR OTHER LAW OR REGULATION; AUTHORIZING THE MUNICIPAL COURT MUNICIPAL COURT CLERK TO FILE A COMPLAINT CHARGING ANY PERSON WHO FAILS TO APPEAR AS SUMMONED WITH THE OFFENSE OF FAILURE TO APPEAR; PROVIDING A PUNISHMENT NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR A FAILURE TO APPEAR VIOLATION; PROVIDING FOR ASSESSMENT AND COLLECTION OF A WARRANT FEE OF FIFTY DOLLARS ($50.00) FOR THE ISSUANCE AND SERVICE OF A WARRANT OF ARREST WHEN A DEFENDANT FAILS TO APPEAR IN COURT; DESIGNATING THE FUNDS INTO WHICH WARRANT FEES ARE TO BE PAID; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AND DECLARING A COMMENCEMENT DATE WHEREAS, Texas Government Code Chapter 30, provides that a governing body of a municipality may by ordinance create a municipal court of record if the governing body determines that the creation of the court is necessary to provide a more efficient disposition of the cases arising in the municipality; and WHEREAS, the City Council of Colleyville, Texas hereby finds that the creation of a municipal court of record by this ordinance is necessary to provide a more efficient disposition of the cases arising in the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Municipal Court. A) Creation. There is hereby created and established a court designated as a "Municipal Court of Record No. 1" of the City of Colleyville, Texas (the "City"), with all such powers and duties are now, or may hereafter, be prescribed by the laws of the State and Ordinances of the City. B) Judge and Associate Judges. Ordinance 0-09-1735 Page 2 of 4 1) The City Council, by majority vote, shall by ordinance appoint a Texas Licensed Attorney to act as judge of the municipal court. The judge of the municipal court shall serve at the discretion of the City Council. Said initial appointee shall hold a term of office corresponding to the unexpired term of the mayor, and every two (2) years thereafter a municipal judge shall be appointed for a term of two (2) years. 2) The City Council may appoint one or more persons to sit for the regular judge of the municipal court or for the presiding judge or any of the associate judges of such court, while such judge or judges, any or all, are temporarily unable to act for any reason. Such appointee or appointees shall possess the same qualifications required of the regular municipal judge, and shall have all the powers and duties of such office. C) Municipal Court Clerk. A Municipal Court Clerk for the municipal court shall be appointed by the City Manager. The Municipal Court Clerk shall issue all the process and generally perform the duties of the clerk of a court as prescribed by law for a county clerk insofar as the same may be applicable. The Municipal Court Clerk shall keep the records of the municipal courts of record, issue process, and generally perform the duties that a clerk of a county court at law exercising criminal jurisdiction performs for that court. In addition, the Municipal Court Clerk shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts. The City Manager may appoint deputy Municipal Court Clerks, warrant officers, and other personnel as needed for the proper operation of the court. The Municipal Court Clerk and other court personnel perform their duties under the direction and control of the presiding judge. D) Vacancy. A vacancy in the office of judge of the municipal court or Municipal Court Clerk shall be filled for the unexpired term. E) Setting Time of Court Sessions. The judge of the municipal court shall have power to set the time for court sessions as the docket may require. Sec. 2. Failure to Appear/Violate Promise to Appear. A) Appearance Required. That any person summoned or ordered to appear in the municipal court to face and answer a charge brought against that person by the City for violation of a State statute, City ordinance or other law or regulation shall appear in the municipal court at the date and time specified in the summons or order. For Ordinance 0-09-1735 Page 3 of 4 purposes of this ordinance, the term "Person" shall mean any corporation, partnership, joint venture, individual or any other entity recognized in law. B) Complaint. In the event a person summoned or ordered to appear in municipal court as outlined in Section 2A of this ordinance fails to appear, the municipal court Municipal Court Clerk shall be authorized and empowered to file a complaint in municipal court charging that person with failure to appear/violate promise to appear as summoned or ordered. Sec. 3. Warrant Fees. That the following fees are hereby be imposed and collected by the municipal court in the following instances: A) Defendant Not Convicted of Misdemeanor. 1) Whenever a warrant of arrest is issued and served and the defendant made the subject of the warrant is not convicted in the Municipal Court of the violation for which the arrest warrant was issued, a fee not to exceed the sum of Fifty Dollars ($50.00) shall be imposed and collected by the City in the following instances. a) When a person fails to appear in accordance with Section 38.10, Texas Penal Code, as amended, and with chapter 543, Subchapter A, Texas Transportation Code; and b) In all other instances where there has been filed a complaint providing that there has been a violation of law or ordinance which imposes criminal penalties for violations thereof, provided that written notice of the issuance of an arrest warrant and imposition of the warrant fee has first been given to the offender. 2) The judge of the municipal court shall set the warrant fee authorized by this Section 3A in an amount not to exceed Fifty Dollars ($50.00). 3) The funds collected pursuant to this Section 3A shall be paid into the City treasury for the use and benefit of the City. Sec. 4. Savings, Repealer. This ordinance shall be cumulative of all other ordinances of the City affecting the City's municipal court and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance. Ordinance 0-09-1735 Page 4 of 4 Sec. 5. Severability. If any section, article, paragraph, sentence, clause, phrase, or word in this ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Sec. 6. Penalty for Failure to Appear Violation. It shall be unlawful for any person to violate this ordinance, and any person found guilty of violating or failing to comply shall be fined, upon conviction, not more than Five Hundred Dollars ($500.00). Sec. 7. Commencement Date. The Municipal Court of Record No. 1 of the City of Colleyville, Texas, is created commencing January 1, 2010. 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: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney Date: T~~~ (~ ~ SPEAKER CARD „/ I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: D~ ~ '`~3 Ordinance/Resolution Number: Name• ~ ill'/ f,~C - ,~~'~}~'~ Address:~/~('"(^ `~2G:~ ~'~ City: PS CZL~2 State: Zip Code: 7~~~~ Telephone Number:~l~'~/22--7y~.2 Representing: ~~29Gfj (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with ~J~gxas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. ~ City Hall ~~~~ V City Of L+O~~eyV~~~e 100 Main Street Colleyville, Texas 76034 ~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1736 File Number: 0-09-1736 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 11/04/2009 Agenda No.: 6b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 block of Colleyville Boulevard, Case ZC09-008 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Conceptual Site Plan Building Elevations Ordinance 0-00-1211 Ordinance 0-08-1675 • Ordinance 0-09-1736 History of Legislative File Version: Date: Acting Body: Action Text: 10/12/2009 Planning and Zoning Commission 11/04/2009 City Council Title Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 and 6500 block of Colleyville Boulevard, Case ZC09-008 Explanation First Reading and Public Hearing Homeyer Engineering, Inc, on behalf of CTL Properties, LP, has submitted a request to amend the zoning and development requirements of Ordinances 0-00-1211 and 0-08-1675 allowing for the PUDC-Planned Unit Development Commercial zoning district on approximately 8.8 acres, located at 6400, 6404, 6408, 6500 and 6508 Colleyville Boulevard. Existing Conditions. The subject properties are currently platted as four lots. The properties located at 6408 and 6500 Colleyville Boulevard are vacant. The property located at 6400 Colleyville Boulevard is developed as a sign and graphics shop and 6508 is currently developed as a general office building. Existing PUD Requirements. Ordinance 0-00-1211 was approved by City Council on April 4, 2000. This ordinance allows all commercial and office uses allowed in the CC1-Village Retail zoning district, one automobile service use, a day care center and a dry cleaner not to exceed 5,000 square feet in gross floor area. City of Colleyville Page 1 Printed on 10/28/2009 Agenda Briefing Continued (0-09-1736) Of note, Ordinance 0-00-1211 also requires a continuous left-turn lane on SH26 adjacent to the development, which has since been constructed, and a 50 foot building line along the entire western property line. Ordinance 0-08-1675, approved on May 6, 2008, amended the tree preservation provisions of Ordinance 0-00-1211 by requiring on site tree preservation to meet the requirements of Chapter 5-Tree Preservation while exempting all trees located within utility or drainage easements. Staff has written the draft ordinance so as to repeal the previous two PUD ordinances for the property thereby resetting the zoning of the subject properties to the current PUDC-Planned Unit Development Commercial zoning request. Replat Requirement. Upon approval of this PUDC, the applicant will be required to replat the properties to reflect the addition of five new lots. Permitted Uses. The applicant requests that the permitted uses be for general and medical office uses. Staff recommends that all office uses listed in the Land Development Code be allowed with the following condition: Any building with frontage along SH26 also be allowed to contain any use allowed in the CC2-Shopping Center district. This provision has been added to the draft ordinance. Proposed Development. The applicant proposes to add eight general/medical office buildings in addition to the existing two buildings. The buildings are proposed to be single story. Three of the buildings are proposed to contain medical office uses with a total square footage of 13,565 square feet. The other five buildings would contain general office uses with a total square footage of 27,515 square feet. Parking and Access. The applicant proposes to construct a 24 foot fire lane and access easement for the development which will provide access to the six buildings not fronting on SH26. According to the site plan, three driveways will access SH26. Any driveway approach along SH26 will require approval by the Texas Department of Transportation. The applicant intends to provide 183 parking spaces in addition to the existing 43 parking spaces for a total of 226 parking spaces. Although the parking meets the minimum requirements of the Land Development Code as proposed, given the mix of office types (general and medical office), staff recommends that all parking meet the minimum requirements of the Land Development Code to be determined by staff upon application of any building permits. These provisions have been added to the draft ordinance. Traffic Impact. The developer is not required to provide a Traffic Impact Analysis (TIA), since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United City of Colleyville Page 2 Printed on 10/28/2009 Agenda Briefing Continued (0-09-1736) States and Canada since the 1960's, primarily in suburban locations. According to The Institute of Transportation Engineers publication Trip Generation, 34,515 (27,515 s.f. proposed plus 10,550 s.f. existing) square feet of general office space would be expected to generate 419 trips per weekday, on average. Additionally, 13,565 square feet of medical office space would be expected to generate 488 trips per weekday, on average. Based on these averages, the proposed development would add approximately 907 vehicle trips per day to the surrounding roadways. Master Plan. The Colleyville Plan designates the subject properties for retail uses. As such the request is not enitrely consistent with the Plan. If this request is approved, the Future Land Use Plan will be required to be updated. Building Design. The applicant has not submitted any building elevations as part of the request but states that the office buildings will be similar to the office building located at 6508 Colleyville Boulevard on the subject property that was built by the applicant. This elevation has been added to the draft ordinance. Additionally, staff recommends that all new buildings meet a minimum design score of 30 as described in Chapter 6-Building Design in the Land Development Code. These provisions have been added to the draft ordinance. Lighting. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. This provision has been added to the draft ordinance. Hours of Operation. Staff recommends that, for buildings that do not front on SH26, the hours of operation be limited from 7:00 a.m. to 8:00 p.m. This provision has been added to the draft ordinance. Open Space. The Land Development Code requires that the development provide a minimum of 20 percent open space. The proposed site plan for the development provides for 30 percent open space. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting and building permit process. Sidewalks and Trails. According to the Land Development Code, based on the recommendations of the Supplemental Sidewalk System, a five (5) foot sidewalk is required to be constructed along SH26 adjacent to this development. All sidewalks must be installed and or improved when any new structures are built on the property. According to the conceptual site plan, four (4) foot sidewalks will be constructed along fire lanes and in front of all buildings proposed as part of the development. City of Colleyville Page 3 Printed on 10/28/2009 Agenda Briefino Continued (0-09-1736) These provisions have been added to the draft ordinance. Fences, Walls and Screening. Prior to the issuance of a certificate of occupancy, the applicant proposes to construct a six (6) foot wood screening fence along the western boundary of the development where it is adjacent to residentially zoned properties. The Planning and Zoning Commission recommended an eight (8) masonry screening fence be built between residential and commercial properties. This provision has been added to the draft ordinance. Landscaping and Buffering. The applicant proposes to install a 15 foot landscape buffer consisting of forty-three (43) wax myrtles planted on 15 foot centers along the western boundary of the development adjacent to residentially zoned properties. The Land Development Code requires a minimum 20 foot landscape buffer with evergreen plants placed every six (6) feet and expected to grow to six (6) feet within two years. This provision has not been added to the draft ordinance. The applicant proposes to provide a 25 foot building setback along the entire western property line adjacent to the Kingston Addition, instead of the 50 foot building setback as proposed in Ordinance 0-00-1211. The 25 foot building setback complies with the Land Development Code. This provision has been added to the draft ordinance. Tree Survey and Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon submittal of a building permit for any new structure. According to Ordinance 0-08-1675, trees located within drainage and utility easements are exempt. This provision has been carried over to the draft ordinance. On March 25, 2008, the Planning and Zoning Commission granted a waiver request to the applicant for tree mitigation requirements found in Chapter 5-Tree Preservation in the Land Development. The applicant was required to mitigate for 402 inches and was granted a waiver to only mitigate for 266 inches. He has since planted 45 inches of trees on the subject properties and is, therefore, required to mitigate for the remaining 221 inches. The requirements of the waiver have been added to the draft ordinance. Surrounding Properties. The surrounding properties consist of a variety of land uses. The properties to the west are zoned R20-Single Family Residential and contain single family residences. Properties to the north are zoned ML-Light Industrial and contain heavy commercial uses. The properties to the east are zoned ML-Light Industrial and CN-Neighborhood Commercial and contain self-storage and office/warehouse uses. The property to the south is zoned AG-Agricultural and contains a single family residence. Public Notification. Staff mailed notices to 20 adjacent property owners regarding this request. A notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding the City of Colleyville Page 4 Printed on 10/28/2009 Agenda Briefing Continued (0-09-1736) request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the October 12, 2009 meeting by a vote of 7-0 subject to the applicant constructing an eight (8) foot masonry fence along the entire western property line adjacent to residential uses. This stipulation has been added to the draft ordinance. Summary. Given the proposed general and medical office uses, the proposed zoning amendment is not completely consistent with the Future Land Use Plan, which designates the entire area proposed for this development as retail. However, staff does recommend that retail uses be permitted for buildings with frontage along SH26. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 5 Printed on 10/28/2009 Location and Zoning Map Notification List Owner Name Owner Address Owner City Owner State Owner Zip Situs Address McCain, Norma 1516 McCain Ln Colleyville TX 76034 1516 MCCAIN LN Tres Rosas Ltd 6516 Colleyville Blvd Colle ville TX 76034 6526 COLLEYVILLE BLVD Davidson, C W 63 N Dulcet Hollow Cir The Woodlands TX 77382 6515 COLLEYVILLE BLVD Bowden, James David 6516 Colleyville Blvd Colleyville TX 76034 6516 COLLEYVILLE BLVD Garrett, Kenneth Etux Wanda 6517 Kingston Colleyville TX 76034 6517 KINGSTON DR Davidson, C W 63 N Dulcet Hollow Cir The Woodlands TX 77382 6513 COLLEYVILLE BLVD Bearden, Dale 1902 Palencia Ct Arlington TX 76006 6513 KINGSTON DR America's Storage 6310 Lemmon Ave Ste 222 Dallas TX 75209 6511 COLLEYVILLE BLVD America's Storage 6310 Lemmon Ave Ste 222 Dallas TX 75209 6509 COLLEYVILLE BLVD Dimitrov, Lachezar P 6509 Kingston Colleyville TX 76034 6509 KINGSTON DR Sims, Rex A Etux Debra 6505 Kingston Colleyville TX 76034 6505 KINGSTON DR Boulevard Animal Hospital Pc 6413 Colleyville Blvd Colleyville TX 76034 6413 COLLEYVILLE BLVD Pullen, Timothy B 6501 Kingston Colleyville TX 76034 6501 KINGSTON DR Ingram, Beverly 212 Stratford Ct Hurst TX 76054 6409 COLLEYVILLE BLVD Yanes, James 6417 Kingston Colleyville TX 76034 6417 KINGSTON DR Cannada , John W Etux Ma E 6413 Kin ston Colle ville TX 76034 6413 KINGSTON DR Shafipour, Foad Mark 1009 Turnber Ln Southlake TX 76092 6407 COLLEYVILLE BLVD Davis, Connie Jo 6409 Kin ston Colle ville TX 76034 6409 KINGSTON DR Lam, Conner 1280 Post Oak Trl Southlake TX 76092 6312 COLLEYVILLE BLVD Bittick, Edward D Etux C nthia 6405 Kin ston Colle ville TX 76034 6405 KINGSTON DR Yard Art Inc 3250 Sto Rd W Ste 108 Irvin TX 75038 6407 COLLEYVILLE BLVD # C Courtney, Dori 6401 Kin ston Colleyville TX 76034 6401 KINGSTON DR Homeyer Engineering Inc. P.O. Box 294527 Lewisville TX 75029 applicant Public hearing notices mailed on Thursday, October 1, 2009 by Amy Shelley. Statement of Planning Objectives 4d ~... ° ,, ~N(~Is``~.(~~f~91`r`IC~, 1P~~. CIVIC ~fVV1t~~EEFJIR!G•F'La.TTi("JG "i .... June 11, 2009 Ms. Amy Shelley City of Colleyville 100 Main Street CaNeyville, Texas 76034 RE: Statement of Planning Objectives Winding Creek Addition Dear Ms. Shelley: Nomeyer Engineering, Inc. (HE1}, an behalf of CTL Properties, LP, is submitting a zone change application to modify the existing PUD-C zoning classification. The current zoning identifies four (4} commercial lots with office uses. The proposed zone change request subdivides these four (4) existing lots into eight (8) commercial lots. In order to subdivide the subject property, HEI has also submitted a final plat and the associated construction drawings to provide for the required infrastructure to develop these lots in accordance with the City of Calleyville's development regulations. If you have any questions regarding the content of this submittal, please feel free to contact me at 972-906-9985 or shorneyer@homeyer-engineering.com. Sincerely, HOMEYER EN INEERING, INC. Ste en R. Homey , P.E. President xc: Lanny Wilkinson, CTL Properties, LP Ray Collins, Merach Development Project File ~•pN ry, Yld pF1 Y'1 4 7i-S QN13J,E°~d~ t7 iL 31 N.Q t+] 'i1M1F',j ~~~~ ~~~~~~~~~~3 a3~.3woH B~ ~~~4 § ~,.~ _ 111Y ~q , w~ , ~ ; I `,,,. 1 1 ~ ~, ~ ~ ' ~~.'~. 5 1 , jj 1 ~+~`' -.. ~., 1 ~--_-::-~-,,~~ .. w~ ' ~ '~ti= ,~~~ ,~. 3 `~ . ~ ~:ti ~ ~ [ ``~ 'j Conceptual Site Plan ~ ~ ' ~_ g.= ~ g ~ 4 , ~ ~ a ___- -__ _ __ .._ ~ _nm _ _e_~ f ~ ._ ~..._. e~_ _ a~ „. ~. Z . ~~ ~~~ 4 ~ ~ a ; ~~~ S g ~ r'K rte- WN~Y~ ~ ~ +~ ~~~~~N ~ ~~~, aa ~ i +~ q ~(i ~j?~ SG fit,' p~}~~ ~ x sx,L~ 4~ i,j ry9 _ ~`~.. cYK ry f-in6 ' ss~, to ua ~~ Wo v's ? tt~~~~-"'~ R z yy~~ ~ ~ i't ~',., ~~h~'h ~.' Y ~ ~ N S3~ "S ti ~ ~ j ..}~ . $$$ F+ QM4 . 5 ~~ ~~ u ~~~ '~s a,~~~ J ~, ~`~ ~~ ~~ ~' ;~ :~ I Y~~ `J~3 ', ~" ;~ t ~ ~ "J ', _ S ~y ~i ~1 \~ } \ f 1 ~ ~~y Building Elevations --'-:, ~, _ •.S ti4y b !r ~:~ ~ti~ ORDINANCE 0-00-1211 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 8.789 ACRES OUT OF THE A.J. LOTT SURVEY, A-963, TRACTS 2M AND 2N, AND LOT 1, BLOCK 1, HAYNIE ADDITION, FROM THE AG (AGRICULTURE), CC1 (VILLAGE RETAIL) AND ML (LIGHT MANUFACTURING) DISTRICTS TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by Lanny Wilkinson on January 28, 2000, under Case No. Z-00-012; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the AG (Agriculture), CC1 (Village Retail) and ML (Light Manufacturing) districts to the PUD-C (Planned Unit Development-Commercial) district together with all site plans which are conceptual in nature, supporting documents, Ordinance 0-00-1211 Page 2 of 5 and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C); and subject to the following conditions: 1. GENERAL The purpose of this PUD-C is for the development of retail and services type uses. 2. PERMITTED USES a. All commercial and office uses allowed in the CC1 Village Retail zoning district b. One automobile service use located on the north 150 feet of the property c. One day care center d. One dry cleaner not exceeding 5,000 s.f. in gross floor area 3. SETBACKS. OPEN SPACE & SCREENING a. A rear building line of 50 feet shall be provided along this property's western common property line with the Kingston Addition. b. Open space and lot coverage shall be in accordance with the CC1 district regulations. A minimum of twenty-five percent (25%) open space shall be provided on each lot. A minimum of thirty percent (30%) open space shall be provided for the entire development. c. The property shall be landscaped in accordance with the landscaping standards contained in the Zoning Ordinance at the time a building permit is requested. 4. TREE PRESERVATION a. A minimum of 1,500 caliper-inches of existing trees shall be preserved in-place on the property. Tree preservation shall be in general accordance with the Tree Preservation Plan attached as Exhibit D. b. Compliance with these tree preservation provisions shall be reviewed upon the submittal of a site plan. Ordinance 0-00-1211 Page3of5 c. Trees located in a dedicated utility or drainage easement shall not be subject to preservation or mitigation requirements. An exemption shall not be granted for trees located under a building pad site. 5. ROADWAYS AND DRIVE APPROACHES a. A continuous left turn lane shall be constructed on Colleyville Boulevard along the entire frontage of the property. The turn lane shall be completed and accepted by the Texas Department of Transportation prior to the issuance of a certificate of occupancy for any structure within this PUD-C. b. Three (3) drive approaches shall be allowed on Colleyville Boulevard to provide access to the property. The drive approaches shall be spaced a minimum of one hundred fifty feet (150') apart, centerline to centerline. The driveway throat width shall not exceed thirty-five feet (35'). Deceleration lanes shall be provided. 6. OTHER a. All buildings shall be designed to meet the minimum architectural design standards of the CC1 -Village Retail district, as contained in Section 24.17 of the Zoning Ordinance. b. The dry cleaner plant with pickup station shall be restricted to the most southeast lot in the development. c. The building elevations for the day care center shall be generally consistent with the building elevation attached as Exhibit E. d. The site plan for any structure located on proposed Lot 4 on the preliminary plat shall be approved by the City Council. The site plan shall be approved prior to the issuance of a building permit for any structure on proposed Lot 4. e. For all buildings constructed on the most northeast lot between the creek and Colleyville Boulevard, one hundred percent (100%) of the exterior wall surfaces shall be constructed of brick or natural stone. The requirement shall apply to all wall surfaces, less the area of window and door openings. The requirement shall not apply to decorative trim or roof trim areas. f. Structures for automobile service uses shall be oriented in such a manner that the bay doors or garage doors do not Ordinance 0-00-1211 Page 4 of 5 face Colleyville Boulevard. The walls containing bay or garage door openings shall be within fifteen degrees (15°) of perpendicular to the right-of-way line of Colleyville Boulevard. g. Not more than three (3) vehicles shall be parked overnight at an automobile service use. h. A wrought-iron fence shall be installed along the north property line on the most northeast lot between the creek and Colleyville Boulevard. Red tip Photinia shrubs shall be planted on six- (6) foot centers adjacent to the wrought-iron fence. The size of plant materials shall comply with the requirements of the landscaping regulations. i. The servicing of vehicles outside of a building shall be prohibited. j. The storage of materials in parking and landscaped areas, including landscaped islands, shall be prohibited. k. The improvement and landscaping of the creek area and its realignment shall be completed and accepted by the City prior to the issuance of a certificate of occupancy for any structure on the property. Sec. 2. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3 THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. T e firs reading and public hearing being conducted on the 2! s~ day of r ~ , 2000. T e se and reading and public hearing being conducted on the ~ day of ~, 2000. Ordinance 0-00-1211 Page5of5 ATTEST: / ANS.t~ Jea Harris, TRMC, CMC City Secretary CITY OF COLLEYVILLE: Donna Arp Mayor APP VEDA TO FORM AND LEGALITY: Ross . F ter City Attorney a we u 70 ! .>• ~o j >. u u 1• fa 11 N 11 1• » u • U 1 ~ u '11~ ~ • _•_ ^ a : 1 i 1 1 ... ~.. M ~ _~~ ~ >~ K ~ s~96s ~ r cgs a1~1~ ~. l ~~ .., % ~~ t 1~ ~~ law • N .N • 1.17 1 1A 111 ~~ r .MK ~~ ~. ~~ ~ r ~ ~ sve ;, 1 ~, ~NC~ La . a 1,fi1 i 1 ~'L'I'~ / ass-~~s~ • M 11 = 11 ,,, ~,~ t FAIT KA ..,.-1 g5 >. al ~ sK fiK ~~ • 1~~e ~ .i K Exhibit A -Zoning Map Property Description Being a tract of land out of the H. Hughes Survey, Abstract No: 963, Tarrant County, Texas and being the same tract of land as described in deed recorded in Volume 7935, Page 1697, Deed Records, Tarrant County, Texas and in Volume 9031, Page 1352, Deed Records, Tarrant County, Texas and being Lot 1, Block 1 of Haynie Addition as described in deed recorded in Volume 388-164, Page 100, Deed Records, Tarrant County, Texas and being described as follows Beginning at an '/- inch iron pin found in the West right of way line of Colleyville Road (SH 26) for the Southeast corner of tract being described, said point being the Northeast corner of the Conner Lam tract, a 3.18 acre tract of land as described in deed recorded in Volume 7225, Page 1257, Deed Records, Tarrant County, Texas; Thence South 86 degrees 28 minutes 47 seconds West 410.19 feet along North property line of said Conner Lam tract to a 5/8 inch iron pin set for corner; Thence North 00 degrees 04 minutes 14 seconds East 474.87 feet along West boundary of the Kingston Addition as described in deed recorded in Volume 388-32, Page 71, Deed Records, Tarrant County, Texas to a 518 inch iron pin set for corner; Thence North 00 degrees 59 minutes 09 seconds East 176.67 feet along the West boundary of the Kingston Addition as described in deed recorded in Volume 388-32, Page 71, Deed Records, Tarrant County, Texas to a'h -inch iron pin found for corner; Thence North 87 degrees 41 minutes 35 seconds East 775.11 feet along South boundary of the James David Bowden tract as described in deed recorded in Volume 11970, Page 1677, Deed Records, Tarrant County, Texas to a 5/8 inch iron pin set for corner; Thence South 29 degrees 16 minutes 50 seconds West 753.85 feet to '/z inch iron pin set and continuing to the point of beginning and containing 382867.790 square feet or 8.789 acres or land, more or less. Exhibit B -Metes and Bounds Description g h a z 0 (n ~ ~ 1 4 i O ~ U ~ Z ~`~ W ` ('~'~i777.ig. G U I ~' . w ~ ~ +J ~ C o o Q o ~ ~ ~~~9~~ g.. ~ t ,• ~ v Z ~~ Q o a ~ ' ~ • Z O ~ ~ Z v~ ii ~~ N ~ i ~ 3 ~e / ~ ® .~ ~ := ; ,~ e +. ~ J t ~ , ~ ~ roe bbl _` A~ gg w$ i ~ ~~ ~ `_ +' w i '` ~` ~ ; ~ ~ .Q ~~ ~ . a ~ ! t . ~ r~ w .. ,! . fI+ ~ ; n h t, ~ ~gg~ ;{A ~o t~` ~ ``' _ ~ `~. '~ ~ ,~ ~ Wo ~ 'i8 ~' , ~ ~~ n s~ 4„~~ y L .r ~ ° ~ ~°~ ~ l~~ ~~~~ L1 ! ~. ~ ~ ~ ~ ~b ~ r Q U ~ y ~ ~ ~ ~i# o ~i U ~~ ~ U ~ ~ t s 7W ~,•;,, l ~~~ Exhibit C -Zoning Exhibit ~~ pad ' ~ ~ iii ~a"~ Q ~p9 d ~, ~ I ~, W ~ ~a ~ ,~ ~ .~ ..~, ~~#~ ~ :1 ~~ ~ ti ~~ ~~ _,, ! .~ .; ~ ~~ .~ ~, .~,~ ~ .. y ~ ~~ ~~~ ~ d d ~~ ~ r ~~ ~' ~ ~ ~. ''~ ~~ ~~~ ~I~l~I~~~UIII{ ~i Iii ~ ~ ~ ! ~~,~.~ t f • ~ w S ! ~ w ~ ~ • Exhibit D -Tree Preservation Plan Exhibit E -Day Care Center Conceptual Elevation ORDINANCE 0-08-1675 AN ORDINANCE AMENDING ORDINANCE 0-00-1211 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; 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 Council approved Ordinance 0-00-1211 on April 4, 2000, to establish the zoning for 8.789 acres out of the A. J. Lott Survey, Abstract 963; and WHEREAS, the City of Colleyville has requested an amendment to Ordinance 0-00- 1211, under Case Z-08-012; 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 and designed to lessen congestion in the streets; 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 0-08-1675 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 amending Ordinance O- 00-1211. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 8.789 acres of The Winding Creek Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. TREE PRESERVATION a. Tree preservation on the subject properties shall be in accordance with Chapter 5 -Tree Preservation in the Land Development Code, except where amended herein. b. Trees located in a dedicated utility or drainage easement shall not be subject to preservation or mitigation requirements. Sec. 5. 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. 6. 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. 7. 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. Ordinance 0-08-1675 Page 3 of 3 Sec. 8. 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. 9. 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. Sec. 10. THAT Ordinance 0-00-1211 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ day of 2008. The second reading and public hearing being conducted on the ~~ day of 2008. A EST• Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ^~\\-y'3~ ~' Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map ORDINANCE 0-09-1736 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-00-1211 AND O- 08-1675; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 8.8 ACRES ON LOTS 1, 2R, 3R AND 5R, BLOCK 1, WINDING CREEK ADDITION FROM THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING 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 No. ZC09-008; and WHEREAS, Ordinances 0-00-1211 and 0-08-1675 are hereby repealed in their entirety; 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 and designed to lessen congestion in the streets; 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 Ordinance 0-09-1736 Page 2 of 5 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 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 on 8.8 acres on Lots 1, 2R, 3R and 5R, Block 1, Winding Creek Addition from the PUDC-Planned Unit Development Commercial zoning district to the PUDC- Planned Unit Development Commercial zoning district, as depicted in Exhibit "A". 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 Ordinances 0-00-1211 and 0-08-1675 are hereby repealed in their entirety. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1 r_~NFRe~ a. The purpose of this PUDC is for office and retail uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with the site plan attached as Exhibit "B". b. Prior to the issuance of any building permit, a replat of the subject properties must be submitted and approved. No building permit may be Ordinance 0-09-1736 Page 3 of 5 issued until said plat is filed with the County Clerk. 3. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within the Planned Unit Development: 1. All office uses allowed in the Land Development Code. 2. For buildings with frontage along State Highway 26, all uses allowed in the CC2-Shopping Center district shall be permitted. 4. BUILDINGS AND SITE PLAN APPROVAL a. The total square footage of all office buildings constructed within this development be allowed as follows: 1. General Office: Maximum Square Footage: 34,515 2. Medical OfFce: Maximum Square Footage: 13,565 b. All office buildings shall contain no more than one-story unless mixed with retail uses. c. All buildings constructed as part of this development shall be generally consistent with the building elevation designs, attached as Exhibit "C". d. All buildings constructed as part of this development shall meet the minimum building design score of 30 as described in Chapter 6-Building Design in the Land Development Code. 5. PARKING a. All off-street parking required as part of this development shall meet the requirements of the Land Development Code. 6. LIGHTING a. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. 7. LANDSCAPING. BUFFERING AND OPEN SPACE a. The development shall provide a minimum of 30 percent of open space. Ordinance 0-09-1736 Page 4 of 5 b. A 15 foot landscape buffer shall be maintained along the western boundary of the development where it is adjacent to residential properties. Additionally, the landscape buffer shall contain 43 wax myrtles planted on 15 foot centers. The required buffer shall be installed prior to the issuance of the certificate of occupancy for any new structures. c. A 25 foot building setback shall be maintained along the entire western property line where it is adjacent to residential properties. $. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along State Highway 26 when any new structures are built. b. A minimum four (4) foot sidewalk shall be constructed along all fire lines and in front of each building when any new structures are built. 9. FENCES AND SCREENING a. A minimum eight (8) foot masonry screening fence shall be constructed along the entire western property line adjacent to residential properties prior to the issuance of the certificate of occupancy for any new structures. 10. OTHER a. A minimum of 221 caliper inches of new trees shall planted on the subject property per the requirements of Chapter 5-Tree Preservation in the Land Development Code prior to the issuance of the certificate of occupancy for the fifth structure built on the subject properties. b. For any building not fronting on State Highway 26, the hours of operation shall not exceed 7:00 a.m. to 8:00 p.m. c. All driveway approaches on State Highway 26 shall receive approval from the Texas Department of Transportation. Sec. 6. 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. Ordinance 0-09-1736 Page 5 of 5 Sec. 7. 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. 8. 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. 9. 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. 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: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Zoning Exhibit n ~Ylq O H ~ ~ r~ flN 12Y~a ~ Sik ~ -A r..~ 1N~J :}N[ '£7NIrlJ iN4s:1M3 V ~ ~.~~~~ W f 9 i ~~ S ~~~~4, ~\ ~~ ~ t t ~; ~( t ~ i ~~`_ j ,` 1 ~ ~~ ~ ~ # ~~ ~' j ^~. ~ ~~,.~ ~ ~ T ,,~ ~ 0.l~ `~iva. i~ " .y ~1 .iY `" ~j '.. ~~~., f _ _ > ~,, ~ L : I R r I! I _. ~ ,__ ~, _W _ ,.,_. .4 _ - ~ I~ ._ ..~ k ;n ~ ~ ~. ~ I ~ ~ 4~ Y ~ ~~ ~ ~ '' +~ y t~ ~k <>y ~ ~~~ ~ 7+~ ~ . f . ~ ~ r ,~:, t ~~~ N~ ~~ ,~ ~ ~ ~l i o ~ r „~~ t i~~ r`.r.~~ ~~ ~Y n~ ~ ~~ ~ ' : ~- ,~ ~ ~' \z~x ~c~, r ~ =~j:{, ~~~~ t~ ~i i E ~ k ~~~~ ~ ~3 :i I 3 «r (Y2 M y I) ~ rJ ~ ~ 4 Y G ~~~ ` I '~'~ ~ 2 F .-, -,~ !1 ~ 1 N .} /', ~-~~1 ~.,1 ~ t ~Y ~ ,,.. --~. _.~..._ '%F _~h ~~ al. ,~ .. Exhibit "C" -Building Elevations ,. ~rrcw Z! o-, m t j ~~ ~~ - ~,% ,~ ~ _ , ~' ~. ~~ ~ ~ ~, ''~ ~.~.. ~~ ~~: wtiti City of Colleyville 100 Main Street x1R._ Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1737 File Number: 0-09-1737 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 11/04/2009 Agenda No.: 6c Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 Attachments: Location and Zoning Map Site Plan Building Elevations Water Pumping Station Proximity Map Ordinance 0-09-1737 History of Legislative File Version: Date: Acting Body: Action Text: 10/12/2009 Planning and Zoning Commission 11/04/2009 City Council Title Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 Explanation First Reading and Public Hearing The Trinity River Authority of Texas (TRA) has submitted an application for a Special Use Permit (SUP) to construct a water pump station located at 4602 Bransford Road. This request was approved by City Council on October 7, 2008 by Ordinance 0-08-1697, however, since a building permit or certificate of occupancy has not been issued within the one year period, the SUP has become null and void. SUP approved on October 7, 2008. Section 3.25 of the Land Development Code states "A special use permit approved by the Council shall become null and void one year from the date of approval by the City Council unless a building permit or certificate of occupancy, whichever is applicable, has been obtained on the property within said one year period. The City Council may in its adopting ordinance, shorten or lengthen the time in which a building permit or certificate of occupancy must be issued in order to preserve the special use permit." Given this requirement, the current SUP approved for the water pump station under Ordinance 0-08-1697 expired on October 7, 2009. Although, as stated above, extra time could have been granted, the applicant originally intended to begin construction in the Fall 2008. City of Colleyville Page 1 Printed on 10/28/2009 Agenda Briefin4 Continued (0-09-1737) As such, the applicant is proposing to renew the SUP under the current request. All of the conditions approved as part of Ordinance 0-08-1697 have not changed and have been incorporated into the draft ordinance. The only modification recommended by staff is that the SUP shall be valid for five (5) years from the date of approval if no building permit is issued. The requirements below explaining the development conditions match the original development conditions approved under Ordinance 0-08-1697. Zoning and Platting. The property is currently zoned CC1-Village Retail. The Land Development Code allows water pumping stations in any zoning district subject to the approval of a SUP. The subject property was platted in 2002 by the Trinity River Authority with the intention of developing the property for the pumping station. Proposed Building. The proposed structure will be a 2,053 square foot masonry building with a maximum height of twenty-nine (29) feet. The building will house three (3) water pumps, an electrical equipment room, a restroom, a storage room and a meter. Fencing and Screening. The property will be surrounded on the side and rear property lines by an eight (8) foot tall masonry screening fence. The applicant is requesting a waiver to allow an eight (8) foot combination wrought-iron and masonry fence with two gates to be constructed along the front property line adjacent to Bransford Road. Regulations for fencing are contained in Chapter 3 of the Land Development Code, which states that a fence located within the required front yard setback of a property can be no greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction. The applicant states that an eight (8) foot perimeter fence is a requirement for water pumping stations by the Texas Commission on Environmental Quality (TCEQ). The gates will be constructed so that they do not open toward Bransford Road. Lighting and Noise. The applicant plans to attach security lights to the front of the building and to have directional lights affixed to the front corners of the building that will direct light along the sides to the rear of the property. The building will contain three (3) water pumps, each running on a 40 horsepower engine. The applicant has stated that the horsepower used will not generate any discernable noise levels beyond the property line. The applicant must maintain lighting and noise levels that do not adversely affect neighboring residential properties. Landscaping. The applicant has submitted landscaping that, at a minimum, meets the requirements of Chapter 4 -Landscaping and Buffering - of the Land Development Code. Landscaping will consist of two (2), five (5) inch caliper, Live Oak trees and ten (10) Buford Holly shrubs planted along Bransford Road at the front of the property. Sidewalks. The Land Development Code requires a five (5) foot sidewalk along Bransford Road. The applicant will be required to improve the existing sidewalk so that it meets this and all other requirements of the Land Development Code. Surrounding Zoning and Development. A small portion of adjacent property to the north City of Colleyville Page 2 Printed on 10/28/2009 Agenda Brierinp Continued (0-09-1737) is zoned CC1-Village Retail and is vacant. Directly north and adjacent to this lot is an R40-Single Family Residential area, developed as single family homes. The property to the west and south is zoned CC1-Village Retail and developed with the existing water pumping station. The properties to the east are zoned CC1-Village Retail and developed as a gas station and automotive repair. Public Notification. Staff notified 9 property owners within 200 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. To date, staff has received no letters in response to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the October 12, 2009 meeting by a vote of 7-0 subject to the expiration of the SUP within one year from the date of approval. The draft ordinance has not been amended to account for this provision. Summary. The applicant is requesting the relocation of the water pumping station based on right-of-way acquisitions by TxDOT along SH26. The proposed water pumping station will assist the City in meeting future water needs. With the exception of the addition of a five-year expiration period for the SUP, the conditions stated above and detailed in the draft ordinance have not changed and match, exactly, the conditions approved under Ordinance 0-08-1697. Financial Impact It has been determined that there is no financial impact. Recommendation Approval with the conditions stated in draft ordinance. City of Colleyville Page 3 Printed on 10/28/2009 Location and Zoning Map ~~ ~70~ ~` ` i ., \ \~ _ - - -, ~ - ~ ~. ,~~ ~,. I -. :~ ~. SC8 ~ S0C ~', X704 ~C1C1 ~:~ ~~'~9 '~.R20 ~ ~ a~ o° ~ _ a _. r,,. 4701 ~` _ _ _ __ R40 - 4Q5 i ~ i. I ~ Site z~. ,~ ti~ - _- __ ___- a~oa ~ ~~~t~ -_ q ~. i ,,~ ~ ~. ~ ~_ - ~ __- ~ ~ ~' ~~' ~46C5 ~C7 ~~~~,~; ~ J~ ~ ~i ~bj~~ ~~ X032 ~ i \ .' ~~C3 F,~~T ~, i ~ ..~ F~~ ~ ~'` ' ~ ~ CC . ,/ ~,~` ,` ~ F~DR~ ~-' / 6;~3 _ . ~ ~' 4=71 CC2 C % ~~ ~~ -~'~ ~ !; _;; \ `/ i ~ ~~ ~~~ 7 Site ~t~n ~} ~° ~ ~~ , } 1 '~ ~~ d 5~~. ~ ~ ~ v~ ~ r l ~, ~; 77 r{~. ~ ~ ~`~i Ff. y . F, ?ri tl rt".i4. i xi: , tw'~~T,, r ~' Y'1 .z i t 1 a t{f + r , '';IF ~ ~~ ~~ , ~ p ~ i~ 4 ~ i~~~ ~ ~~ i f". a~ ~, ~' ~~ f ~s f ` ` x ~. ~°'~" _.. ~* _ ,.~"' i ~' s _~,,, ._. __ z _ _.s,...~ . ,. ,,,.MV ~~ ... ; . ~-. ~~~i ~ ___..v.~ ~ ''~ I ~ ~ ~. r ~ ~ ~~r ~€ ,~ ,, ;,~ ,,. ~, .~...,.._ ~ ~t.tr~ ~4zt{ ' -~-+ - _. ~ r ~' g E # i r ''--„ a s,~ f ~ ~ l a ~ a _ `~. ~ !"~ :~ s i_ ~~ t ~, s, 8 ' ~ 3 ..r ... _,-,..... i b J ~. ~fi .; a~ _i ray .xi 1' ,. { ~ ~ ~~ ~} iF~ + ~, ~ ~~ ~ ~. { ~~~~ ~E ... _ , rt ~~ a ~~ 4 ~ ~~. ~i ~e E ~. € f Building Elevations ~ O ~ y „ tl~lgti fitlO,d~(~tKtIH 4(}Z4 ~' ~ ~~',z AF[3LLti.~,5dNitl~i ' " ° a> ~ ~,F_~ ~ SAM ~TTIA~C3 I IQ~ " ; ~ Q s: _ ?` `~ : ` ( . , ~' ~ `s ,~ r <r ~'~: ~ : ~. ~' ` _ ~ ,'~r ORDINANCE 0-09-1737 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 BY AUTHORIZING A SPECIAL USE PERMIT FOR A WATER PUMPING STATION ON LOT 1, BLOCK 1, OF THE COLLEYVILLE WEST PUMP STATION ADDITION; 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 a Special Use Permit under Case No. ZC09-014; 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; 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 0-09-1737 Page 2 of 4 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 authorizing a Special Use Permit for a water pumping station on Lot 1, Block 1, of the Colleyville West Pump Station Addition, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shown on Exhibit "A" 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 the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit (SUP) shall be for a fully enclosed water pumping station, with a maximum gross floor area of 2,053 square feet. b. The location, landscaping and layout of the building shall be generally consistent with the attached Exhibit "A", Exhibit "B" and Exhibit "C". c. The building shall meet the building design requirements stated in the Land Development Code. Exterior building materials shall be limited to masonry only. d. The structure allowed as part of this SUP shall only be allowed in conjunction with the use of a water pumping station. Any other use of this building shall be deemed to be a violation of this ordinance. e. An eight (8) foot masonry fence shall be constructed along the entire length of the side and rear property lines. f. An eight (8) foot combination wrought-iron and masonry fence shall be constructed along the front property line, adjacent to Bransford Road. g. No gates shall open toward Bransford Road. Ordinance 0-09-1737 Page 3 of 4 h. Exterior front lighting shall be limited to a security light located along the front and front corners of the building, to be mounted on the building. Lighting shall be arranged so as not to illuminate on adjacent residential properties. i. A minimum of ten (10) Buford Holly shrubs and two (2) Live Oak trees, each a minimum of five (5) inches in caliper, shall be planted along the front of the building along Bransford Road. Spacing and planting specifications shall comply with Chapter 4 -Landscaping and Buffering of the Land Development Code. j. The water pumping station shall, at a minimum, be monitored by a wireless security system, including video cameras. k. There shall be no permanent onsite personnel stationed at the facility. I. There shall be no outside storage of any materials allowed on the property. m. This facility shall comply with all City of Colleyville noise regulations. n. The property and building shall meet all the requirements of the Land Development Code, except where amended herein. o. If no building permit has been issued for the primary structure approved by this ordinance, this Special Use Permit shall become null and void five (5) years from the date of approval of this ordinance. Sec. 5. 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. 6. 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. 7. 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. 8. 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 0-09-1737 Page 4 of 4 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: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map ~ ~~~~~ ~... ~ t ~ ;~~~I,_ ~~ - '~ ~?tea ~` ,,~ ~ ~.. 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NOLLV.I.SdWfld .,` .` 4 ~J' ~ -_ iiM1 J~ / _.. ~~ 1 1~1J, J 1~ ~ 1 i1 111~ 5 ~ # ~~ ' ",~.r / '~ [ ~ . , . . 1~ 11 Y { r. ~"'~ I ~ },. 4~ t 1:; E ; -- l_. _ .._ , ,r r r y ill ~' '~ i ~ ,i ~_ i j f 9 . _ ..'.. f y 1 ~' r ~ A r i i ~ f {E~ f i j ', ._~i . ^::. 1. Date: C I will speak In Support of this item. I will speak In Opposition to this item. SPEAKER CARD (,, ~.~ P~ but please records my: ^ support ^opposition Agenda Item Num erg` -~ -173rSOrdinance/Resolution Number: --= ~i , Name: J.~l/Y1~S h ~i1% f° ~S{ Address: ~~~ .~ L ~~~ ~Q~.s~ L~,~ City: ~-~L ~-~`V ~L~ ~ State: ~ Zip Codel ~~ f~ _ Telephone Numberf~,~ 1~J ~+~ ~ ~~,~ Representing: (o ganization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meeting a ,Chapter 551 of the Texas Local Government Code. t' Signed: j r u~, - ri-~? This information is a Public Record. Date: :I / `~~ SPEAKER CARD ~- I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to s~feak,/but please records my: ^ support ^opposition Agenda Item Number: ~ 4 Ordinance/Resolution Number:~''~° ~l 3` Name: /'~11m ~ !~~ Address: ~ 1 ~ ~7 ~~ City: l,~ 1 I ~~7 ~l ~l ~. State: ~' Zip Code: 7~ d 3~ Telephone Number: ~~~ '~ ~ ~ ~~ a-- Representing: S ~ / (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Ope~Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This~informaiEion is a Public Record. Date: ~~' '~7 - ,~~~ ./ SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: Name: -~~=-~,~~ Ordinance/Resolution Number: ~` - r~~ v ~ Address: ~(~ ~ ~'~/1.~1~•~if"~S/~ ~/{,~ City: C~IL_ L ~~Cr/L,C~ State: Tk_ Zip Code: ~ ~ Telephone Number: ~'1~-~~/-_?'77/J Representing: o D,9 f'c~ic/1~~,~~5',¢ (organization/self) tom/ 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This.irf#ormation is a PuGlic Record. Date: SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: (~_ Ordinance/Resolution Number: a °'~a ~3~3 v~ //~~ pp Address: ~ S ~' S d'c~.--c([r~Sb~- City: U 'l State: ~_ Zip Code: / ~d 3 Telephone Number: ~/~~~~d"~~ ~~ Representing: ~~ ~~ (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texa~Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: information is a Public Record. a '~ City of Colleyville City Hall 100 Main Street ~~ ~"'~ ~ Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1738 File Number: 0-09-1738 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 11/04/2009 Controlling Body: City Council Requester: Community Agenda No.: 6d Final Action: Development Department File Name: Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 Attachments: Applicant's Letter of Appeal Location and Zoning Map Notification List Letters of Opposition Exhibits Provided by Applicant Photos Submitted by Applicant Development Analysis Ordinance 0-09-1738 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/12/2009 Planning and Zoning Commission 1 11/04/2009 Ciry Council Title Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 Explanation First Reading and Public Hearing Casey Ryan has submitted a request for a Special Use Permit (SUP) for two attached carports on 0.45 acres located at 6509 Ponderosa Lane. The two carports were constructed without a building permit in July 2009. Upon application for a permit after the carports were completed, the applicant was informed that an SUP is required for the construction of residential carports in Colleyville. Therefore, this SUP request is to allow the two existing carports to remain as constructed on the property. The accessory building, on which the carports are attached, was constructed in 2006 and meets the requirements of the Land Development Code. Waiver Request. Section 3.27 of the Land Development Code sets development standards for carports. The existing carports do not comply with the following standards: • A carport shall not exceed 480 square feet in area. The existing carports are 768 square feet in area. • The setback for a detached carport located completely within the rear yard may be City of Colleyville Page 1 Printed on 10/28/2009 Agenda Brietinp Continued (0-09-1738) up to five (5) feet from the property line. However, carport A does not comply with this regulation as it is 1.5 feet from the side property line. • The maximum number of carports allowed per lot is one. This lot contains two. • A carport shall not have a flat roof (minimum 2:12 pitch). The existing carports do not comply with this regulation. • The construction of the posts shall be brick, stone or decorative metal between 12" and 48" in width. The existing carports do not comply with this regulation as they are constructed with steel. Existing Conditions. The property is zoned R20-Single Family Residential and currently developed for single family residential use. The property contains a single family residence and the accessory and carport structures. Adjacent Zoning and Development. All properties surrounding this lot are zoned R20-Single Family Residential and are developed as single family residences. Development Analysis. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a Special Use Permit. A development analysis of the regulations and the proposed carport is attached. The carports do not comply with five of the nine development regulations within the Land Development Code. Non-compliant regulations include maximum size, side setback, maximum number per lot, roof pitch and construction of posts. Public Notification. Staff mailed notices to 14 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 seven (7) letters of opposition to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended denial of the request by a vote of 6-0 with one abstension. Supermajority Vote Requirement. Since the Planning and Zoning Commission voted to recommend denial of the request, the request can only be approved by a supermajority vote by the City Council. This request must receive at least six (6) affirmative votes, of those present, in order to be approved. Summary. The carports do not comply with the Land Development Code requirements stated above. The applicant constructed the carports without obtaining the necessary building permit or approval of an SUP. Staff has written the draft ordinance so that the carports, if approved, would be allowed as constructed with the stipulations that in the event that the carports are destroyed or damaged to an extent of more than 50% of their replacement cost at the time of destruction, this SUP shall become null and void. If, however, the case is denied by the City Council, the carports will be required to be removed. Recommendation Denial City of Colleyville Page 2 Printed on 10/28/2009 Applicant's Letter of Appeal Casey Ryan 6509 Ponderosa Lane Colleyville, Tx, 76034 October 21, 2009 Planning and Zoning Commission City of Colleyville 100 main street Colleyville, TX 76034 Dear Amy Shelley: I would like to request a hearing to over turn the recommendation of denial for the covers I built over my motor home... I will be out of town in November during the meeting... If I could request a later hearing date In December...Thank you Sincerely, Casey Ryan RECEIVED T ~ 2(10 Per ............. Location and Zoning Map 6t~t~0 AG ~~ PUDR PUDR 6516 6517 6516 65:17 6x12 6513 Site 1 ~ 6513 ~~~~ 6508 6509 6506 6505 6504 6505 R2 6x04 6501 6500 ~~~ ~ 6500 6417 6416 6417 6413 6412 6413 6409 6408 6409 6412 6405 6404 6405 6401 6400 64(31 PUDC, Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR R an, Arthur 6516 Ponderosa Ln Colle ville TX 76034 6516 Ponderosa Ln Fu ua, William L 6517 Ponderosa Ln Colle ville TX 76034 6517 Ponderosa Ln Martin, Don V Etux Iris 6516 Kin ston Colle ville TX 76034 6516 Kin stop Dr Williams, Ral h Etux Louanne 201 Adams Ct Colle ville TX 76034 6512 Kin ston Dr Current Owner 6513 Ponderosa Ln. Colle ville TX 76034 6513 Ponderosa Ln Kniese, James E 6512 Ponderosa Ln Colle ville TX 76034 6512 Ponderosa Ln Hanzelka, Jose h R 6508 Kin ston Colle ville TX 76034 6508 Kin ston Dr R an, Gerald Case ,Applicant 6509 Ponderosa Ln Colle ville TX 76034 6509 Ponderosa Ln Justiss, James E Etux Cind D 1420 W Wall St Grapevine TX 76051 6508 Ponderosa Ln Shears, Thomas T Tr 6504 Kin ston Colle ville TX 76034 6504 Kin ston Dr Bo les, Martin Etux Catherine 6505 Ponderosa Ln Colle ville TX 76034 6505 Ponderosa Ln B erl , Mimi J Etvir Jeffre S 7109 Pebble Hill Dr Colle ville TX 76034 6504 Ponderosa Ln Youn , Kenneth W Etux Rhonda 6500 Kin ston Colle ville TX 76034 6500 Kin ston Dr Moeller, John A Etux Karla S 6501 Ponderosa Ln Colle ville TX 76034 6501 Ponderosa Ln Latimer, Michael F Etux Cind 6500 Ponderosa Ln Colle ville TX 76034 6500 Ponderosa Ln Public notices were mailed by Amy Shelley on Thursday, October 1, 2009. Signature Letters of Opposition Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Planning and Zoning Commission This is my written protest to the zoning change for 6509 Ponderosa Lane. The zoning case number is ZC09-013. I am a long time resident of our city. I moved to Colleyville in May of 1978. I started working for the Colleyville Post Office in December of 1978. I am now retired from the post office. I have recently started working part time in the Villages of Colleyville. I have seen a lot of changes and most all of the changes have benefitted the residems and the community. Within reason, I believe our neighbors should be able to build structures, pursue their interest and hobbies in their own back yard. But in this case, the design, materials used, size of the structwes, and open storage above the fence line, is out of place in a residential neighborhood. This structure has a negative effect on our property. There was no thought given to create harmony or a buffer between the properties. I am also protesting everything on our adjoining property line. Thanks in ad once for your time and consideration. a H 6508 Kingston Colleyville tx 76034 Community Developmerrt Department City of Colleyville 100 Main Street Colle~ille, Texas 76034 Planning and Zoning Commission This is my written protest to the zoning change for 6509 Ponderosa. Lane. The zoning case number is ZC09-013. ~~ ._ ,, ~~. Fem. g- October 6, 2009 Community Development Department City of Colleyville 100 Main Street Colleyville Texas 76034 Planning and Zoning Commission This is my written protest to the zoning change for 6509 Ponderosa Lane. The zoning case number is ZC09-013 Rhonda Crocker Kenneth Young 6500 Kingston Colleyville, TX 76034 6501 Ponderosa Lane Colleyville, TX 76034 817-442-5271 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 October 5, 2009 Re: Zoning Case Number ZC09-013 (6509 Ponderosa Lane) Dear Sir or Madam: I am unable to attend to attend the hearing on 10/12/09. Therefore, I am writing this letter in protest to granting this zoning request. I am not in favor of this change due to it negatively affecting the appeal and beautification of our street. Thank you for taking my opposition to this request under consideration. Sincerely, ~~.~~` Karla Moeller Community Development Department City of Colleyville 100 Main Street Colleyville Tx 76034 Planning and Zoning Commission This is my written protest for the zoning change at 6509 Ponderosa. The zoning case number is ZC09-013. (p509 ~~j~etJ ~c4e~~u~el ~]~039 ~~~~~~~~ o~ ~ ao~ ~~i RfXlYlsf iR'~iK+-L ''. October 9, 2009 Cod Deweiopui~t Depa~rtme~t City of Colleyvlle 10~ M~n- t Colleyville, T7~ 76034 R+~ l~ ~ Rte, To whom it may concern ~4'e are tb itLe gzantic~ of a ': i~ae Pexnrt a C,a~poKt at ts~9 Ponderosa Lane. These two carports, already built ut permits, .can be seen from the sireat. are uns%ghtly, do r~ctt fit into the neigitborlaood and nook Fall will be a detriment to real estate values on Ponderosa Lane, McCain and Kingston_ ~' ball ~d~Mhed Mr. Casey Ryan appears. to be operating a commercial entertmise. in violation of the pmt T ~ e:~videnced t) epees P ~' personal vehicles in the front yard at 6509 Ponderosa on a near daily basis; 2) same drivi~tg may firom the same pauoel vans nod mid C~~; 3} the Mid City Fire vans are loaded with supplies and equipmem from the ugly metal building locatted b~fiiad Mr_ Ryaa'~s house. "Ihe 3' mrxal 'bui~dgg aieiith~er architecturally nor aesthetically fits the house at 6509 Ponderosa Lane or other homes in the cw~ading area. This, t+oo, is a detnime~t m Peal esitate values.. What eve think should occur: l j "'Tl`re should he 2) The ugly metal building should. be; remowvad, or the mat roof neinov0d sed replaced v,~uth a roo~~t hay a piiGdt smu~lac ibo that of the house and the ugly metal siding should be covered with a facade that will fit dhualtg ;amd aeicalhv with the hce aa~d a~thex im tie ~ area. Thank you for listening to our concerns and thank you for your service to our city and the Respectfully, ' ~ ~ ~~~ ~~z ` r -~.~.~.~_W, bates and~M ~/ REG E IVE 6512 Ponderosa. Lane ~i T3f ~b~D34 ~ T ~} 21109 ~8t .,,»,~.~...~ ~~ x,11 i`~ .~/'.~.` tit`',; +T' '~:=~-~~ E ._ ~~ ~~ ~'~',`~ ~l `I ter.. ~ tip' ..~, ~ ~'N ~~:.'-~~ ~' l H 1 v ~..,~~~ j ~~ ~ ~, ~„-~N ~ ~. -- ~, C"°~; Sri l~ ~ ,,,~~ n. ~ ,~,-~,~ ~ ~-- `gr E ,,- ~ ~ ~' , Cup (~..~'~ Y' ~ L,. ~..' ~'~-..~ ~~£ ~~~` F~EC~IV~D ~ ~~~ Exhibits Provided by Applicant ,~ ~, s z ~_ x t.1 ~.. ..... .,,. ..,. V Rs1aellos No: 151ZYPa O.F. No: AR0418778R CT TiSs Ca HEXIER•FAIR Tfit~ COMPANY ' Pudleser. RYAN PROPERTY OF.SCRIPTION LAt 11, Block 1, d KINGSTON ADDITION, en AdQIYDn b 111e C8y d Cdiey9Ys, Tenaot County, Texas, rooa~lq b the P1et ihwed recadsd h Vokms 98632, Pape 71, d the Plat Beards d TetTarlt Carly, Tmrr. LOT 15 LOT 16 LOT 17 Jee-32 / 71 ]BB-1] / 71 PR~IRUSID ~~"~ ~ ~~" -~~ ~ ~~~ ] Jae-12 / 71 -NO. 1/a• RECORD - 100.00' . . s/s• w. EAS. S 00` 54' W 100.1 ' O IRRdY F81R. J .--~. .I ~ .~.~.L ~ N i JA. ' Bee-72, 7(' _v.._.r-~ ., ~ ~~ max' ~ ~ ,. t ~'~ _ trt ry'~~~ 0 O ~ 11 I nc m x ~ X . w o a -- - -~ LOT 11 Jee-SZ / 71 cROU++o ~~ m h n1 ro ao LOT 12 '" fee:-.73 / 71 11[} w .,.. _.. ~ ao .. az / Iarxe f WOOD ~ / ON YfD f/ ~ ~ In ai ro 3 LOT 10 ~ I Sse-J7 / 71 .n .. K ~ W N 6' is ''. :f I. '. ; .1 . `/'~ T11o. J/e• MEAS. OUE NORTH - 100.09' (tpNTROL ) ' oseclaNA1. wNTR ~ a I1NE . s/e 6509 PONDEROSA LANE kcad'+q le f11W MaP aeaJBt 0195 H e-T-9s Tl,ia wuMM ~. 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A comparison of the regulations and the proposed carport is shown below. CARPORT ZONIN G COMPARISON Category Zoning Carport A Carport B Re uirement 1. Maximum Size 480 s uare feet 288 square feet 480 s uare feet 2. Longest Dimension 24 feet 24 feet 24 feet Allowed 3. Maximum 15 ft. to highest 11 feet 14 feet Hei ht oint of roof 4. Side Setback` 15 feet 1.5 feet 5. Rear Setback 5 feet 15 feet 15 feet 6. Maximum 1 1 1 Number per Lot 7. Paved Parking Concrete, asphalt In compliance In compliance Surface or avestone 8. Roof Pitch 2:12 minimum Not in com liance Not in com liance brick, stone or Not in compliance Not in compliance 9. Construction of decorative metal Posts between 12" and 48" in width *Side setback may be 5 feet due to accessory structure location completely within the rear yard. However, height restrictions influence setback. ORDINANCE 0-09-1738 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 BY AUTHORIZING A SPECIAL USE PERMIT FOR CARPORTS ON LOT 11, BLOCK 1, KINGSTON ADDITION; 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 a Special Use Permit under Case No. ZC09-013; 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 and designed to lessen congestion in the streets; 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 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. Ordinance 0-09-1738 Page 2 of 4 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 authorizing a Special Use Permit for the carports on Lot 11, Block 1 of the Kingston Addition, as depicted on the Location and Zoning Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and as shown on the Building Elevation Drawing attached as Exhibit "C". Sec. 3. THAT the above described tract of land shown on Exhibit "A" 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 the above described tract of land shall be subject to the following conditions: 1. General a. No more than two carports shall be permitted and the carports shall remain as shown on Exhibit "C" labeled Building Elevation Drawing and shall meet the following requirements: Carport A (1) The carport shall have dimensions of 12 feet by 24 feet. (2) The carport shall not exceed 288 square feet. (3) The carport shall not exceed 11 feet in height. (4) The carport shall be a minimum of 1.5 feet from the side property line. (5) The carport shall be located within the rear yard of the subject lot and shall not be closer than 15 feet to the rear property line. (6) The carport shall be generally constructed of steel columns and a metal roof. Ordinance 0-09-1738 Page 3 of 4 Carport B (1) The carport shall have dimensions of 20 feet by 24 feet. (2) The carport shall not exceed 480 square feet. (3) The carport shall not exceed 14 feet in height. (4) The carport shall be a minimum of five (5) feet from the side property line. (5) The carport shall be located within the rear yard of the subject lot and shall not be closer than 15 feet to the rear property line. (6) The carport shall be generally constructed of steel columns and a tin roof. b. In the event that any or all carports permitted under this ordinance are destroyed or damaged to an extent of more than 50% of its replacement cost at the time of destruction, this Special Use Permit shall become null and void. c. There shall be no additions allowed to either the carports approved by this ordinance or the accessory building to which they are attached without the approval of a new Special Use Permit by the City Council. d. The carports shall meet all regulations of the Land Development Code, except where amended herein. Sec. 5. 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. 6. 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. 7. 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. Ordinance 0-09-1738 Page 4 of 4 Sec. 8. 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. 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 Location and Zoning Map -Exhibit "A" ~'~ PUDR PUDR 651 651 ~~~~ 6517 ~~~~, Site ~~ 6513. 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Ca \'R f,#SI~RNIS 1FNF?I K~' N'1':' ii r 'HSY Vf. ~I ~ t ~ "Y ~~ ~ Q" ,t i'l ~ra~ o G ~..t Building Elevation Drawing -Exhibit "C" City of Colleyville City Hall ~',~~~~ ~a!~iC:+ 100 Main Street ~~~ Colleyville, Texas 76034 ,r_,._ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3162 File Number: R-09-3162 Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 11/04/2009 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Approval to support the American Recovery and Reinvestment Act (ARRA) of 2009 pursuing the Energy Efficiency and Conservation Block Grants (EECBG) Program for funding Attachments: Resolution R-09-3162 History of Legislative File Version: Date: Acting Body: Action Text: 11/04/2009 City Council Title Approval to support the American Recovery and Reinvestment Act (ARRA) of 2009 pursuing the Energy Efficiency and Conservation Block Grants (EECBG) Program for funding Explanation Reading and Public Hearing The American Recovery and Reinvestment Act (ARRA) was passed by Congress in 2009, with provisions for funding the Energy Efficiency and Conservation Block Grants (EECBG) Program. This program is intended to reduce fossil fuel emissions and contribute funding for local and regional communities to implement measures for reducing energy use and improving energy efficiency in areas of building and transportation. The ARRA is providing an opportunity to approximately 1,127 cities and 244 counties in Texas, not currently receiving an allocation of funds from the U.S. Department of Energy, to receive funding under the EECBG Program. The Texas Comptroller of Public Accounts recently notified City staff that the City of Colleyville is eligible to receive $75,000 in grant funding. In order to receive the stated allocation, the City is required adopt a resolution stating our support for the creation of an EECBG project, which is sustainable and has measurable energy savings, job creation, and economic stimulus effects, and that the City also supports energy efficiency projects that leverage federal funds with other public resources. Upon approval of this resolution by City Council, staff will receive a formal application from the State that must be completed and returned by December 22, 2009. This application must include the list of projects that the City intends to implement, along with associated costs and description of energy savings and efficiency that will be realized. Subsequently, City of Colleyville Page 1 Printed on 10/27/2009 Agenda Brieting Continued (R-09-3162) the Comptroller and the City will execute a grant agreement that contains all the requirements and obligations related to expending the EECBG funds. City staff has prepared a list of potential projects that may qualify for the $75,000 grant allocation, as follows: • Overall Energy Audit • Renovation of Colleyville Center-Lighting, Electrical, Shades • McPherson Park Splash Pad-Water Recycling • McPherson Park Solar and/or Wind Power • McPherson Park Solar Hot Water Heaters • Senior Center-HVAC and Duct Work • City Park-Tennis Light Switches • Wind Generation • Energy Efficient Light Fixtures at Pleasant Run Soccer Complex • Fire Station 3-Replace HVAC Units with Energy Efficient Units • City Hall and Library-Automatic Lights in work areas • Replace Public Works Service Center doors and windows • Upgrade insulation in the Public Works Service Center • Solar Cells on 5 Million Gallon Storage Tank • Information Services -HVAC in Server Room • Emergency Fixtures/Lighting-City Hall, Library, Justice Center Staff will prioritize these projects and present them to City Council for consideration in December 2009. The final selected projects will be included in the grant application for submittal to the state. Financial Impact It has been determined that in the event any selected project(s) exceeds the $75,000 grant allocation, the City may be required to obtain supplemental funding for any selected project. Recommendation Approval City of Colleyville Page 2 Printed on 10/27/2009 RESOLUTION R-09-3162 A RESOLUTION SUPPORTING THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 PURSUING THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS (EECBG) PROGRAM FOR FUNDING WHEREAS, Congress passed the American Recovery and Reinvestment Act (ARRA) of 2009 and the President signed into law on February 17, 2009, to stimulate the economy and create jobs; and WHEREAS, ARRA included $3.2 billion in funding for the Energy Efficiency and Conservation Block Grants (EECBG) Program authorized in Title V, Subtitle E of the Energy Independence and Security Act (EISA) and signed into law on December 19, 2007; and WHEREAS, the purpose of the EECBG program is to, 1) reduce fossil fuel emissions in a manner that is environmentally sustainable, and to the maximum extent practicable, maximizes benefits for local and regional communities, 2) to reduce the total energy use of eligible entities; and 3) to improve the energy efficiency in the building sector, the transportation sector and other appropriate sectors; and WHEREAS, the City of Colleyville has limited financial resources and desires to support the development of energy programs; and WHEREAS, the City of Colleyville accepts its allocation and may also accept additional funds that may become available at a later date; and WHEREAS, the City of Colleyville is interested in developing a EECBG project, which is sustainable and has measurable energy savings, job creation and economic stimulus effects into the City; and WHEREAS, the City of Colleyville is determined to support energy efficiency projects that leverage federal funds with other public and private resources, including coordinated efforts involving other Federal programs targeting community development; and WHEREAS, the City of Colleyville intends to comply with all agreed upon contractual requirements of ARRA, the EECBG program and other federal and state law: NOW. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City through the City Administrator, pursue all EECBG funding made available through ARRA and being allocated by the State Energy Conservation Office to be used to assist in reaching the City's goals of energy efficiency. Sec. 2. THAT the City continues its commitment toward energy efficiency for the citizens of Colleyville and all of Texas. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2009. CITY OF COLLEYVILLE David Kelly Mayor RESOLUTION R-09-3163 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF NOVEMBER 4, 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: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor