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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-03/25/2019City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 25, 2019 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: COMMISSIONER BEVILL PLEDGE OF ALLEGIANCE 1.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 2.PUBLIC HEARING AGENDA ITEMS Planning and Zoning Commission Agenda March 25, 2019 City of Colleyville Page 2 2a Consideration of a Special Use Permit (SUP) for Oil and Gas Extraction, specifically for a change in the ownership of the existing well on Tract 1D, Abstract 295, in the William E Crooks and Lot 1, Block 1, of the Park Place Estates, located at 7404 and 7504 Pleasant Run Road, Case ZC18035 2b Consideration of amendments to the Land Development Code, specifically Chapter 2 Definitions 3.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards March 22, 2019 by 5:00 p.m. Araceli Botello Planning Technician A quorum of the Colleyville City Council may be in attendance at this meeting. 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 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2a Agenda Date 3/25/2019 Number Type Presentation and Discussion Department Community Development Title Consideration of a Special Use Permit (SUP) for Oil and Gas Extraction, specifically for a change in the ownership of the existing well on Tract 1D, Abstract 295, in the William E Crooks and Lot 1, Block 1, of the Park Place Estates, located at 7404 and 7504 Pleasant Run Road, Case ZC18-035 Explanation Jason Tackett, the agent for Sage Natural Resources, LLC, has submitted a request to amend a Special Use Permit (SUP) for a gas well at 7404 & 7540 Pleasant Run Road. The subject property is zoned AG-Agricultural district. Per the Land Development Code (LDC), an amendment to the SUP is a requirement for a change in ownership. Gas well drilling and production is allowed in the AG-Agricultural zoning district with the approval of an SUP. Existing Conditions/Background: The subject property is currently developed for gas well drilling and production. In November of 2010, an SUP was approved for a gas well drilling and production (O-10-1779) on this property for 14 gas wells. The ordinance placed a 5 year time limit for all drilling activity to occur. Proposed Zoning: Request – The applicant requests an amendment to the existing SUP for an ownership change to the existing gas well drilling and production site in the AG- Agricultural zoning district. The minimum standards for the AG zoning district are as follows: Minimum Lot Size: 130,680 square feet Minimum Lot Width: 200 feet Minimum Lot Depth: 300 feet Front Building Line: 40 feet Side Building Line: 25 feet Rear Building Line: 40 feet Maximum Lot Coverage: 20 percent Surrounding Development: The property to the north is zoned PUD-R and is improved with a single family residential development, the Overlook at Big Bear Creek Planning and Zoning Commission Agenda Briefing 2a City of Colleyville Page 2 subdivision. Properties to the east, south, and west are zoned AG- Agricultural and are utilized with single-family residential as well as agricultural uses. Proposed Use: According to the Statement of Planning Objectives, the 13.7 acres of land was acquired by Sage Natural Resources, LLC, and they wish to maintain the current site with no changes to it at this time. Ordinance – Chapter 3.1 (Oil and Gas Well Drilling and Production) of the Land Development Code identifies the purpose of a Special Use Permit as: Operator: The person listed on the railroad commission form W-1 or form P-4 for a well as the person that is, has applied for, or will be, actually in charge and in control of drilling, maintaining, operating, pumping or controlling any well including, without limitation, a unit operator. If the operator, as defined herein, for any well is not the lessee of any premises affected by the provisions of this Chapter, then such lessee shall also be deemed to be an operator. In the event there is no oil and gas lease relating to any premises affected by this Chapter, the owner of the fee mineral estate in the premises shall also be deemed an operator. Section 3.1 – 145 Standards for Oil and Gas Well Drilling and Production Phasing of Drilling and Production and General Special Use Permit Provisions 1.Any SUP authorized under this ordinance shall only be granted to the entity named on the original application and may not be transferred to any other entity without the approval of the City Council. City Council approval shall be required for any change in ownership of the entity named on the SUP application for any SUP granted under this chapter. Analysis – The SUP request up for consideration is consistent with the requirements of Chapter 3.1 of the Land Development Code. Based on the information provided by the applicant, the use of the land would remain in its current state. If the applicant desired to change the state of the site, an additional SUP and its respective permit processes would have to be pursued. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for residential development. The proposed SUP does not conflict with any portion of the comprehensive plan. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence Planning and Zoning Commission Agenda Briefing 2a City of Colleyville Page 3 has been received. Staff Recommendation: The proposed request is for a change in ownership only with no site changes proposed. Staff recommends approval of the Special Use Permit. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objective 5.Site Exhibits 6.Photos Taken By Staff 7.Ordinance O-10-1779 8.Notification Map 9.Notification List 10.Property Owner Notification 11.Letters of Opposition 12.Draft Ordinance P L E A S A N T R U N R O A D O V E R L O O K D R I V E FOREST MEADOW DR IVE 7705 7408 516 7404 520400508 613 505501 7504 404 7705 500 7701 7700 617 512 7404 7404 7404 7408 405 605401601 504408 401 7408 405 509 7304 7400 7701 304 304 501 609 Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-035 K Subject Property 7404 and 7504 Pleasant Run Road W I L D F L O W E R W A Y FOREST MEADOW D RIVE OVERLOOKDRIVE P L E A S A N T R U N R O A D O V E R L O O K D R I V E AG PU D-R AG R-40 7605 800 7705 516 7717 7705 7404 520400508 7600 513 7303 613 7302 500 7709 7709 7704 505501 517 7504 404 7604 7705 500 416 7701 7409 7700 7300 617 512 7404 7404 7701 7404 7601 7408 405 605401601 504408 401 7612 7408 7709 7708 405 509 7401 7609 7713 7304 7400 7701 7208 304 304 501 7300 77047700 7608 609 7713 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-035 K Subject Property 7404 and 7504 Pleasant Run Road W I L D F L O W E R W A Y P L E A S A N T R U N R O A D FOREST MEADOW DRIVE O V E R L O O K D R I V E 7705 7408 516 7404 520400508 613 7302 7709 505501 7504 404 7705 500 7701 7409 7700 7300 617 512 7404 7404 7404 7408 405 605401601 504408 401 7408 405 509 7401 7304 7400 7701 7208 304 304 501 7300 7704 609 Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-035 K Subject Property Resid ential Ope n Space; Parks 7404 and 7504 Pleasant Run Road ORDINANCE 0-10-1779 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE I COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY i AUTHORIZING A SPECIAL USE PERMIT FOR A GAS WELL ON 13.2 ACRES LOCATED IN THE WILLIAM E. CROOKS SURVEY, ABSTRACT NUMBER 295 AND LOT 1, BLOCK 1, PARK PLACE ESTATES; PROVIDING A SAVINGS CLAUSE; i 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. ZC10-022; and WHEREAS, the City of Colfeyville 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', j classifications under the Zoning Ordinance Regulations and Zoning Map,', j 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 0-10-1779 Page2of6 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. i' 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 trie 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 herehy amended by amending the official zoning map by authorizing a Special ~Jse Permit for a Gas Well on 13.2 acres located in the William E. Crooks Survey, Abstract Number 295 and the Lot 1, Block 1, Park Place Estates, shown on Exhibit "A" and described in Exhibit "B". Sec. 3. THAT the above described tract of lard shown on Exhibit "A" and described in Exhibit "B" 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 iand shall be subject to the following conditions: 1. General a. This Special Use Permit (SUP) shall be for a gas well to include drilling ; and production as described in Exhibit "C". ~ b. The gas well authorized by this ~UP shall meet all requirements of the Land Development Code except where amended herein. Additionally, the gas well shall meet all related regulatory requirements of the State of Texas and the Federal Government. c. Effective on the approval date of this ordinance, all provisions of Chapter 3.1-Oil and Gas Well Drilling and Production in the Land Development Code as they exist on said date are hereby adopted by reference through the passage of this ordinance. d. All wells approved by this ordinance shall be drilled no later than five years from the date of approval of this ordinance. Ordinance 0-10-1779 Page3of6 2. Site Plan a. The layout of all equipment, tanks and access roads shall be consistent with the site plans labeled as Exhibits "D" and "E". b. The well drilling and production site shall contain no more than 2 acres as shown on Exhibits "D" and "E". 3. Drillinq Activities a. The primary drilling apparatus shall not exceed 160 feet in height. c. A 1.4 acre fresh water pit shall be installed during the drilling process and shall be stocked with fish in order to mitigate for any mosquito breeding. d. Prior to the commencement of drilling activities, the existing six (6) inch water line that services the property shall be upgraded to a minimum eight (8) inch water line. In lieu of installation, funds equaling the cost of installation may be placed into escrow with the City for future installation. e. Any equipment or well leaks shall be reported to the administrative officer immediately and shall be posted on the City's website within 24 I hours. f. The Fire Marshal shall be provided with any state of the art equipment ~~ necessary in order to determine equipment leakage; either airborne or ~; waterborne. ' 4. Production '~ a. The production pad shall contain no more than 14 water storage tanks. ' The tanks shall be no larger than 16 feet in diameter and eight (8) feet in height. The production site shall generally be laid out per Exhibits "D" I' and "E". '', 5. Access and Transportation I'~ a. The truck transportation route for all trucks over one-ton that will access' this site be as follows: Southbound State Highway 26 to Tinker Road, thence west on Tinker Road to Pleasant Run Road, thence north on ! Pleasant Run Road to the site entrance. The route exiting the site shall' follow the route to the site in reverse. ~ b. During drilling operations there shall be no more than 35 truckloads over'~' Ordinance 0-10-1779 Page 4 of 6 a three-day period befinreen the hours of 7:00 a.m. and 7:00 p.m. with an average of 1.5 trucks per hour for both move-in and move-out. Otherwise, there shall be no more than ten personal vehicles entering and leaving the site for 10 workers on a daily basis. c. During the fracturing (completion) process, there shall be no more than 20 truckloads per day over a maximum 11-day period between the hours of 7:00 a.m. and 7:00 p.m. with an average of 1.5 trucks per hour. d. During the production phase, there shall be no more than 0.5 trucks per day per wefl. e. The access road to the well site shall be composed of an all-weather, 25 foot wide, concrete surface. There shall be adequate space provided for emergency vehicles to turnaround on the pad site at all times. The turnaround dimensions shall meet the minimum requirements of the Land Development Code. The gate for the site shall be composed of decorative wrought iron and shall be located 85 feet back from Pleasant Run Road. At a minimum ' the gate shall meet the minimum requirements for gates in Chapter 14- ' Engineering Design of the Land Development Code. 6. Landscapinq a. All landscaping shall be installed as shown and described in the attached Exhibit "F" and as required in Chapter 3.1 of the Land Development Code prior to the commencement of any well production. 7. Liqhtinq a. All site lighting shall illuminate onto the site and shall not directly illuminate onto any surrounding properties or onto the property owner's residence. Drilling rig lighting shall not be a nuisance and shall illuminate at the minimum level of lighting allowed by the State of Texas for drilling rigs. 8. Environmental Impact a. All erosion control shall, at a minimum, meet the erosion control plan attached as Exhibit "G". Additionally, all stormwater run-off from the pad site shall contain no pollutants. There shall, at a minimum, be spill berms and containment rings surrounding all drilling and production equipment in order to mitigate point-source pollution from all surrounding watersheds. Ordinance 0-10-1779 Page5of6 b. At a minimum, airborne emissions of pollutants shall be mitigated per the '. emission control plan described in Exhibit "H". c. In order to insure compliance with all state and federal air quality standards an independent, third-party air quality inspection company shall perform periodic air-quality inspections, including measurements of airborne volatile organic compounds, at the site area prior to drilling operation and during all phases of drilling and production operations. The determination of ineasurement points, compounds to be measured, the frequency of inspections, threshold limits, as well as baseline measurements of pre-drilling ambient air quality shall be performed by the inspection company. The company shall be chosen and contracted by the City of Colleyville. The gas well operator shall reimburse the City of Colleyville for said contracted services upon receipt of invoice from the City of Colleyville. At a minimum, in the event that a measurement', exceeds an established threshold, the appropriate state and/or federal ; air-quality enforcement agency shall be notified of the measurement I within 24 hours of the observation. ; d. There shall be no mud or dirt laid upon any City street as a result of the activity authorized by this SUP. Any mud or dirt created shall be removed by the operator from streets immediately. 9. Pipeline. The planned pipeline route is shown on Exhibit "I". Changes to the portion of the route within the City's corporate limits will be addressed through the pipeline permitting process, and shall not require an amendment to this ordinance. The portion of the pipeline within the City's corporate limits will be regulated by the City's pipeline ordinance and other applicable local, state, and federal regulations in effect at the time the pipeline operator files an administratively complete application for a pipeline permit. Approval of this ordinance confers no vested rights or other rights on the pipeline operator with respect to the construction of the pipeline. If changes are proposed to the portion of the pipeline within the City's corporate limits, the gas well operator will cooperate with the City and the pipeline operator, if requested, to assist in selecting a mutually acceptable route within the City's corporate limits. 10.Waivers. The well bore setback requirements for all structures within 1,000 feet of the gas well bores approved by this ordinance are hereby waived. This waiver shall only apply to all structures existing as of the date of approval of this ordinance. Ordinance 0-10-1779 Page 6 of 6 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. AND IT IS SO ORDERED. The first r ading and p blic hearing being conducted on the ~'~~~ day of 2010. o readin and ublic hearin being conducted on the /~ day of e sec g p 9 --~ - i 2010. ATTEST• • R Un~ Cynthia Singleton, TRM , CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: VJ• Matthew C. G. Boyle City Attorney Exhibit A- Zoning and Location Map 2244\007\16659.1 Exhibit B - Legal Description T~cr i BEING all of Lot 1, Biock 1, Paxk Piace Estates, ~s i~ecordecl iiz I~'oliime 3~8-17~, Pa~e 1~, Plat Recards, Tai7~it C'c~u~Ity, Tex~s arid being 275,051 sqtiare feet> ar G.31 > acres af land mare or less. cr ~ BEIIl~G a t~~act of laiid sit~iated ii~ tlie t~~'.E. Craoks Siu~~e~~', :~.l~str~ct NtuuUei~ ?9i, Tar7~irt Coiiuty. Texas. a~d being ~~~ortiou af ihat c:ert~ui tract of land ci~sciitrecl Uy deed tc~ Ti~iiuh= Clu~istia~ Cei~ter of Sa~ita Aua, I~1c.. as r~cord~d in ~'al~iuie 9;25, Page lf}0~, Catit~ty Recotds, TaiY~~nt Cotuinr> T~x~s, ~tid beiYi~ iuoi~e paitici~larlv desc~Yl~ed l~y the ilietes ~~id boii~lds as fc~ilo~~~s: BEGINNING ~t a 3~8 iiicli iron ~~od fc~~i~icl at tl~e iiortln~e~t ccat~er of said Triiiitv C`lu~istiau Cer~ter Tract: TI-IE~1CE I~7 8~ de~. 38 iiun. j3 sez. E> G51.64 feet; THE~1C'E S UO ciea. 43 t~iin. ?1 sec. E, 41G.7? fe~t; THE:vCE S 75 t3ey. ~; i~~in. a3 sec. ~~%, G57.74 feet; THE'vFC'E N O1 de~. >0 t~iiu~. 17 sec. ~j, 51 g.16 feet to the POI~1T OF BEGII~`~L'~1G, ~ncl containing a01,67~ sqc~are feet, ar G.926 acre~ c~f laud niare ar Iess. Tot~l 4rea= Tract 1~nci 2: 1~.24I :~cre~ of la~id Tr7ore or less_ 2244\007\166591 Exhibit C- Statement of Planning Objectives STATEMElVT OF PLANNING OBJECTIVES TITAN CIPERATIhIG, LLC TCC SUP PLAh1NING ~BJECTIVE The purpase of this SUP is ta establish a wel3 site, a#rac pond, and access road for the drilling, completion, and operating of multiple gas wells within the areas designated by the SUP Site Pfan. WELL SITE LOCATI~N The well site [ocstion for #he Titan TCC wells is identi#ied on the SUP Site Plan. Tifan will drill multiple horizontal wells from the proposed weU site tn develop appraximately 1300 acres ofi T'rtan ieases. The proposed gas development will focus on the Barnett Shale, encountered at subsurtace depths at approximately 8,900 feet. VEHICULAR ACCESS T4 THE WELL SITE LOCATION Vehicular access to the well site wili be from SH 26, west on Tinker, north on Pleasant Run Rc~ad, to the well site entrance. The drive appraach from Pleasent Run Road will be constructed of concrete. At the entry, a double gate will be recessed into the property to accommodate truck movements from the raadway onto the lease road. Fire access wili be provided and the road will be maintained in accordance with all local, state and federal requirements. DEVE~OPMENT PHASING Titan Operating anticipates fhe initial construciian on the TCC pad si#e to begir~ January, 2011. After canstruction of the pad' site Titan anticipates the drilling of 3 wells; each of which will take approximately 30 days. Aftee t~e €nitial test Titan anticipates drilling a total of approximately 14 wells off #he si#e aver the next 5 to 7 years. All producing wells will be plugged at the end of their economic life. All plugging will be in aceordance with applicable Texas Railroad Commission regulations. ACGESSt7RY STRUCTURES Aceessory uses far #he proposed gas deveiopment will include well heads, starage tanks, separation facilities, and other uses necessary and customary to gas development. During drilling operations, all equipment will be secured by a chain link fence with a secured entrance gate. A reflective sign will be posted at the dril! site and operations site identifying the entrance ta the site and include the well names and numbers, name of the operator, emergency 911 number, and the telephone numbers for 24 haur emergency cantacts. No refining, except far gas dehydrating and physical phase separation will take place on this site. Temporary diesel fuel tanks, genera#ors, construction trai(ers, steel mud pits, pipe racks, and drilling rig ru~i41 be located within the drilling pad site. The drilling rig and associated drilling 2244\007\16659.1 Exhibit C- Statement of Planning Objectives (Cont.) equipmen# sl~all be remaved fram the we11 site as soon as practicat after completion of the well or drilling activities. WATER C(7NSUMPTION Once well permits have been obtained from the Texas Railroad Commission and the road and drill site are constructed, drilling can commence. The drillEng of each well will require approximately 420,000 gallons af water over a three (3) week periad. Once a well has been dri8ed and determined to have the potential for commercial production, the completian process will begin. In order for fhe BarneiE Shale to be commercially productive it must be fracture stimulated. This involves pumping a large amount of water at high pressure into the formation to create a fracture in the rock. A small amount of sand is mixed with the wa#er to hold tt~e fracture open once the procedure is complete. This permits the gas to flow more easily from the rock into the well bore. Each fracture stimulation requires approximately 4.2 million gallans af water. Once the vvaier is in plaee, the actual stimuEation process will take approximately eight (8) haurs. Water for the drilling, as wefl as the fracture stimulatian, will come from a proposed firac pond ofi approximateiy 1.4 acres to be constructed by the aperator, with water purchas~d from the City or well water. The water stared in this pond will service muftiple +,vells. WASTE CC}NTROL Water and drilling mud utilized during the drilling of the wells wi11 be initiatly stored in closed-loop drilling fluid systems located on the pad site. Ultimately, the water and drilling mud will be removed by truck and disposed of in accordance with the requirements of the Texas Railroad Commission. Produced water from gas production will be stored in 250 - barrel (bbl) tanks within the well site location. The tanks will be located within a secondary containment ring with a non-permeable berm or liner capable of holding one and one-half (1-1t2) times #he capacity of the largest tank. Drip pots will be located ai pump out connections to contain the liquids frorn the storage tank_ The tanks wil( also be equipped with a sensing device that will shut off the well should the tank become fufl. The contents of the tank will be emptied by a commercial operator and disposed of in accordance with the requirements of the Texas Railroad Commission. FIRE PROTEC710N All fire suppression and prevention equipment required by an applicable federa~ state or local la4v wi11 be provided and maintained by the Operator. All contractors will have partabla fire extinguishers at the drill site and fire extinguishers will be located at various locatians at the drill site. The tank battery facility will be equipped with a remote foam line utilizing a fwo and one-half {2.5} inch National Standard Hose Thread female inlet cannecfion in locations approved by the Fire Department. A lightning arrestor system will be instaNed according to the most current edition af the National Electrica! Code. At any gate enclosure, the City Fire Marshal will be provided a knox box with a key for emergency access. 2244\007\166591 Exhibit C- Statement of Planning Objectives (Cont.) RAINA~E Wel1-he~ds, metsrs, storage tanks, separatian facilities, or vther past drilling and camp[etion permanent abave graund faci[ities will be located on a drilf site that is gra~ted in such a manner to be elevated above the 'f p0-year floodpfain. Erosion car~trol shall eompEy with the erosion cantrol plan apprvued by tkte City. ENV1Rt7NMENTA-L The proposed gas development wil[ !~e in compliance with all state and federal environmental regulations and will not adversely affect the floodplain, drainage patterns, ar water quality. Damage to public thoroughfares adjacent to this lease area directly caused by the proposed gas d~velopment will be restared to city standards, as applicable, as each wel( is completed. Any damage that poses a safety hazard wi!! be repaired immediately. Any substantial accumuiatians af dirt, dust, or other debris deposited on pubiic thoroughfares by ga~ development will be remaved. Dt~st, if significant, will be suppressed by using water or other dust suppressants. Drilfing and productian aperations shall be conducted in a manner to minimize noise tevels. Naise from drilling, completion and rework operatians are limited in time from a few days #a a few weeks. Noise from dril[ing acti~ities will not exceed sixty five (65) decibels at any point three hundred (300) feet fram the boundary of the drill site. Naise fram fracturing 4perafions wi11 nat exceed eighty five (8~} decibels at any point three hundred {300} feet from the boundary of the drill site. Noise fram the operation site will not exceed fifty five {55) decibels beyond the boundaries shawn on fhe associated site plan. Lighting will be shielded and directional taward the well site so that it wiB not disturb, be a n~isance, or safety hazard to adjacent properties, residential are~s, ar public thoroughfares. SCl~EENING Per City ardinance, the equipment on the operation site will be screened frorn public view by a combinatian of screerring shrubs that will be instafEed completely around the well site and the required screen fence. Irrigatian will be installed as necessary. A11 plant materia! will be kept in an attractive state and in goad candition. 2244\007\ 16659.1 Exhibit C- Statement of Planning Objectives (Cont.) EVELOPMENT SCHEDULE Titan Operating anticipates the initial constructian on the TCC pad site to begin the 4~h quarter of 2010. After constructian of the pad site Titan anticipates the drilling of 2 to 4 wells; each of which will take appraximately 30 days. After the initial test Titan anticipates drilling a total of approximately 14 wells off the site over the next 5 tc~ 7 years. ECCtNt3MIC C~EVELC?PMEIVT lhIFtJRWtATION Titan aperating has spent approximately $1 Q8,300,000 in lease banus dollars in the City af Ce~lleyville to date. Titan has a~so donated approximately $340,Odfl to lacal cYrarities. Titan estimates that a typical well drilled off the pad site will generate approximately $23Q,000 per well in ad valorem taxes for the city over a 15 year period. 2244\007\166591 N A A O O v T v.. ~ ~.~.;:~~ 4 ~° ~, T~SITE ~ 3 , ~~ ~~ ~~ a F'' E1~~-s*~}~ ~, s,.~-~vw.•a.°..f CttY#Cb:tEw~l£.TEYAS s : . . .... `'~ ~-` r' f 0 ~~ f .~ a,se ~~ i -~ ~ es,~~,~ i ^ NAIYER) ~' . PEt.OTON LAhiD SO~UTI~NS x.,,,,~. . ~.:,, .. ~ u~`~s'.'A''~.; ~~u~ o~~ : ~~~ ~ ~, r~ , ~ ~~~,~~ i . . r~~.ant-aer. ssva t , it~~..n~ - wact 1 1. SUP 6043UOARY -=. ; ~ ~~~ ; i ; 4 TAI# ' '~ ,- ~ ARtti ~ ' ~ t ar.t r~xr ._, , r , o ~~~. ' ~~ x`a~++i.x ~:~. E ~ .~_ __ ~- z, .. .- y4.... .... ,..... r- _ ~~. z'~. u.~s~s~~n fr , m ~ 5~ ~ ~ 1 w~~~~~ f : wctL3 ~# '~. e ~ t~r~.~ I .... : ~ u , oF~'v~.~ ; t ' t .~; ~ DHILL SIPx: _ se s ~~ ~~. r i z.~~, w x ~ Cxm ~ i : f. aa~nsy--' ~f , , ~ 3 I -~ Y J ~ ~} ~„\ 3 ~ l . ~ 3 ,..> ... ; .... . 5~~ ..~ ~.~.,.. 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PL.ANT SCHE~ULE 6YMv!k U~IY ' A.^_5~~1CNrJK CCaUCNKN.Ui 312L+ Cahz1 ~ RlXd1L't3 I s w:~ a.K.~;-- _~_ E~ kh~iPl?'Y ael~'f n W<.,.a.zw.,.. r....awek e v+~i.~n~wr.r wrtse`.n~Arltn pc«E`KTx.~4~e bi,°~..p~YSY iAU AeYIJM~ria.hl'r I j a~ aJ*~+sa.+„+:R~.,t~ v.s,..rs t..4~:1'~ c. et1Mt641`41H I 1 xusi~ttu o-e.x t._~..i~. ~ c6 hi~fmn~Kt I TCC PA~D SITE G7lY dK CL1liEYY~~.:{E 7EY.J5 e 34.dY St~.'9VRF 14'. GitYttS~l`H ": cX44'W.T4`.z:+s:~:c~e.ees~PELOTflIJ LAND S~t~~~~5 u~b'etiT'C~:'r.IN3T1Ni x~~ O~~ Sh~(~In R~N W,;. N+~~.i Ik~~:v4ia.i.3kN6 1~15.9N..~A~~.~'-ts.'u=!.4k2k'1 LEGENP 3~SUP LANDSCA~E PLAN 1Y Ngi~~fzd~~~EI'Y~F~~.,.8, '~~ IY~Nlf lMpyNi f. TEYAS l~.eLK2u~4 2dNitt~(~S G~ 9 ~ T~ M/~:~v'~Y 5HtE7 l~p. ~ 9IF 7 m a~r N C~ N N a o 0 rn rn rl"""-• - . '-,-~ E i {~ r"`' . ~'~-~~ n~vEttnv '"" i ~ ~ 3 . ~ , .,.. ~~" ~~ T_ }' bKz NOVF_vve9ta5t^EkT~+UtGS'~f~ f AIA.<Q.drUCE r M.7TE; RENLfi'E Si;,':'N±£il ( iER7N faJL.w~6 ~. ti.dH`w x'-b'tiOA~.~'Eti't`' Y~ , y ~~ k~{ i~f ~+ a~~ 3"r .~'' kn(.~~..sr:rn~ x ocK c~~c~c c~Ar~ M °•~ r:0...' E TCG PAD siTE s,~PELC7TON c. ta~~,~.~s+r j , • _..... . r. . ;~ ~ _ ... ,, w~ .. ~ . r.~€a-raKua+vz:rw,m,+ecct~Y M'YLaM~"" R'P ~.._ ssr€r uu. V _ ss,.} _ a.s+Yf!.CXC+3kYN4TM..S LEGEND SUP EROSI~N CdNTROL PLAN tlaEs° KL_SQI:T~ T1f I W S~~ Y~M f~' ~ eI t~~~- . ra~r.siv ~~ m~'~assOe.~~'~iy'•tri+, u"ra 5 aF 7 m a Y I Y/i~/m 0 O Exhibit H- Emission Control Plan BRETTLING Ct~NSLILTINU, LLC I~ <=0(~PER:-~T1C);ti 11'ITH PEL(~Tt~~( L:~'~D S(~LUTlO'~S, LLLP E1~~IIS~I(J1`~T REI~-Z~CTI01`~ / C~1`~TTR.C~L PL~l`~T TCC WELL PAD CO-LLEYVILLE, TARRANT C~LII~TTY, TEXAS PREPARED FOR: TTTAN OPERr1TING, LLC. ill V4'. -~TH STREET, SLIITE 300 FORT ~1'ORTH, TEXAS 761023951 9/29/2010 P.U. BOA 969 BLIRLES<Jti. TE.k.~S 7GQ`17 ~ 817-68U-6956 ~ 1\'\1"11".~REITLI:~GCC>\SIILTI'~G.CU~I 2244\007\16659.1 Exhibit H- Emission Control Plan (Cont.) Faeilitty ~~7eYC~tOr TricliE~- ChrisEi~u1 Cer~ter (TC:C) ~~'elI Pad Tit~~ C~?er~tulg, LLC. ('Fit~~1) C~Ile~~~ille, Tarraizt Cotult~~, Tex~~s 111 ~'~'. ~Eh Sh•eet, Stut~ 30t? ort ~~'orth, Tex~s 76102-3951 ti'ell #1-H - 3H Ik~ti tucie: 32.91 ~991 Lon~ Euc3e: -97.1tiQU09 Prc~c~rictic~rt Plrase Ec~i~~t~cent - r~ssur~rrti,~ 3 ic~ells 6 Proc~uced 4\Tater T~nks-25~ bbl capac~ty 111~Iot~ile Frac Tanlc-5W b1,1 cap~~cit~- 3 Hc~rizontal Se}~arators 1.0 Best Management Practices Emissians sources at the TCC 4ti'ell Pad include t1~e equi~meiZt listed in Se~tit~lt T.f3 ~as well as fu~itive canzpanents. T'he falla~a-ing Be~t M~ulageineilt Pracfiices (BMPs) ~vill t~e uz~~lemented ss1 oi~der ta mu~ii~uze emissions to a le~~el that is technicall~- feasilile and onomir~~ilt~ reason~iUle. Even~ prac:tic~~l effort ~~ill L~e m~~de to monitc>r equipm~nt for lealcs, un~~leineilt i~liat~le p~llution ~~ret•eiltion ~vark prac.tices, and reduce einissions. C3perations C?pe~rate~ a11 eqtii~~i~lent with the potenti~l to ernit au cont~minants ~t least 50 feet frQn1 the nearest ~re~pert~,- line ar the ne~est recept~r (tirhirhever is clos~r), excludulg any 1~al~~e th~t is iisec~ for i~olation ~i~td or safety= }~urposes. E~~ch apen-e~~c~~ct ~-~~lre ar lule ~vill be ec~tu~~~ec-i ~c~th :.~ ca~.,, l~slind flange, ~+lug, ~r ~~ see~ncl ~-alre ko se~al tlle line sc~ that no Ie~ige o€ emissions cx.eurs unl~ss other~ti~is~ recluirec~ to maintaul safe o~,er<~Eini~~ in ~; ~~essel or ~,ipeline. T~uilc l~~~trI1~5, n~t c-(~signed t~ be cnm~~letel;;- sealec~, ~rill reulain closed (but nat eompletel~~ seale~l i~t ordex to rnault~3u~ safe design ftiulctionalit~-) exce~rt for sam~~lulg or }~lai~lec~ ms~intenance ~icti~~ities. Tl~e site ~~~i11 be eisited c-l~ul~~ b~r operatians personn~i ~vho i~rill conduct ~~ist~~l ec7uipmealt cllecks. The siEe w-'rll l~ ec~ui~+}~d with a renlot~l5- moYlitored alarnl si-stem th~~t ~ti-i11 x~utom~atic~allZ- shutc~to~vzl ke~~ e~~uipinent if si~lifiez~~t ieak~; or aper<~ti~3iu~1 ~~r~blentis OCCLtY. All ec~iu}~ment wzth ~Ile poteiltial ta emit z~ir coilt~uiuil~~tts will be maint~~ine~i in ~ooci voikutg order ~u~a o~erated prt~~erl~~. All seals ~utd gaske~ts ~~°ill l~ ulstalle~~, cherke~, ~~tc-1 ~~rc~perly> i~ti3ii~t~~iileci t~ prevent Ie<ikulg. Maintenance BREITLI'~G CC~\SULTI~G. LLC TCC ~1~ ELL P:=~D 2244\007\16659.1 Exhibit H- Emission Control Plan (Cont.) A~ragram tc~ replace, repair, 3nc~Jor maint~in equipnient to keep then~ in ~ood orkina c~rder will be est~xblished ~icl maintained, including: (1) n~nufacturar's specifications afla recoliunenrlec~ prc~~rains ~~~~~licalil~ to ~c~ui~~rnent perfarmance aizci effe~t an en~sssioi~s; {2} cle~~niilg an~i ins~~ectiarz of all equ'rpment; atld 3) repla,cem~nt and re~.~air of equi~.~rnent an ScheciuIes whicll prei~e~nt equi~nz~il~t faihrtres and rruaintain ~rerfarKn:.~nce. Dwrulg ~,lasutec~ clo~ti~ztiine af an}- rt~~,ture, r~o~-erS-, or canh,al device, ~as 4trearn5 ~h-i11 be reduected t~ anc~ther ccmhol or recoz-erv de~=ic~. E~rertr reasoru~hle effort w~ill be n~c-~e to re~air a le~l:in~ cc~nl~,oi~ent. Initial arHon will ta isvlate Ehe ie~ikul~; coinponenf ~~n~i concluct klle repau ~~thu1 48 hours. If the lealcuzg c:am~onei~t cannot 1-~ i~~l~ater~ or the repair cannot be nk~~~e ~ti~itlYU1 =~8 hours, then the ~7e11 ~~Till l~e sh~.~t in until r~~~airs c<u1 l~e made. If the repau~ af a companextt would r~quire a ux~it slnrtL-~a~~~n, ~vluch ~~~ould r:re~te more en~-rssions th~n the repaair vould e~linvt~ate, the re~~t~ir c1~i11 lae ~ielaved until tlze n~xt ~lanneci shutc-loFm. To the extent tllat ~aod engineering prae#ires ta=i11 ~errnit, ne~~ a11d rework~ci v~~ltTes ant~ ~i~-~in; connectior-s will 1~ l~cated in a~.~lace that is re<~sanablyT accessi~sle for ie~~k eherkui~ dtuulg ~~7~ll operations. Volu~itary Leak Detection and Repair (LDAR) Pro~ram All funitii~e cc~nl~~onent~ ~vill l~ inspected b~- ~iuclic~, visual, ~nd ~lfactor5- (r'~`=0) obser~ration, ~~t intervals n~t exceedul~ 15 m~n~is, but at l~~~st csi~ce e~ch c~~lend~7r year. Suc.h inspec.ti~ns ~~,-i11 ~Isa ulclude ntonitoring far le~~kirtg eomp~neilt~ usu~g either (1} 11e EPt~i Test 11r~ethod 2'1 u,sing~ a porkal~le ~lyrzer set at 10,t~lCl ~~z1~~ leak ~~letection limit or (2) the Alteri-tati~re Gtiark Pr~ctice for inailitari~g equipnlerlt for leaks founc~ in 4 CFR §(~t7."18(g}-(i) usuig ~3n optiral gas u~za~,ring iilsh-ument ~vith ~~ detec~ian sensiti~~ik~ le~-r~1 c~f i1a greater tlk~n CiU ~;r~am~ ~aer hour. D~~inaged or Ieaking ~~~l~fes, caiulect~rs, ~un~~.~s, cc~mpr~ssc~rs, ai~d agit~~tor seals found to be enutting i'C?Cs i~~ excess ~f 10,00t1 ~-~~?n1~~ ~is deternained usiilg a portable anaIyzer, fnu~lci b_yr A~<'C~ inspeckion to be leaking {e.g., dripping pr~cess fl~.~ic~s), or f~und le~iking using tl~e At~rl' will 1ze ta~gec~ z;nd repla~ce~3 or re~~~ired. 2244\007\16659.1 EXHIBIT I- PLANNED PIPELINE ROUTE 2244\007\16659.1 OVERLOOK DRIVE W I L D F L O W E R W A Y P R A I R I E V I E W D R I V E F OREST MEADOW D RIV E P L E A S A N T R U N R O A D 412 7605 800 7705 486 516 7717 7705 7404 400 520400508 512 7114 7600 513 508 7303 613 320 7200 7302 500 7112 7709 7709 508 7704 505 506 501 517 7504 404 7604 7705 500 416 7701 7409 7700 406 7600 7210 7300 316 617 512 7404 7404 7701 7713 504 7404 7601 7408 405 605401601 504408 401 7612 404 7408 7709 7708 312 405 512 308 7721408 509 7401 7609 7713 7304 7400 7701 7208 7204 304 516 304 501 7300 77047700 7608 7200 609 7713 7113 7201 Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-035 K Subject Property 500ft Buffer Properties within 500ft 7404 and 7504 Pleasant Run Road Owner Name Owner Address Owner City Owner Zip Situs Address SESSION, NANCY 7605 PRAIRIE VIEW DR COLLEYVILLE, TX 76034 7605 PRAIRIE VIEW DR WOMELDORPH, CRAIG 7705 OVERLOOK DR COLLEYVILLE, TX 76034 7705 OVERLOOK DR TRINITY CHRIS CTR SANTA ANA 2442 MICHELLE DR TUSTIN, CA 92780 7408 PLEASANT RUN RD THOMAS, MICHAEL 516 FOREST MEADOW DR COLLEYVILLE, TX 76034 516 FOREST MEADOW DR TRINITY CHRISTIAN CENTER 2442 MICHELLE DR TUSTIN, CA 92780 7404 PLEASANT RUN RD CHIQUITO, GILBERT 520 FOREST MEADOW DR COLLEYVILLE, TX 76034 520 FOREST MEADOW DR SHORI, BALRAJ 400 FOREST MEADOW DR COLLEYVILLE, TX 76034 400 FOREST MEADOW DR MINHAS, NAVEEN 508 FOREST MEADOW DR COLLEYVILLE, TX 76034 508 FOREST MEADOW DR TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 7600 WILDFLOWER WAY NUCCETELLI, SANDRA 513 OVERLOOK DR COLLEYVILLE, TX 76034 513 OVERLOOK WAY EAMES, DONALD 613 FOREST MEADOW DR COLLEYVILLE, TX 76034 613 FOREST MEADOW DR HENRY, GARY 505 OVERLOOK DR COLLEYVILLE, TX 76034 505 OVERLOOK WAY FEDYNICH, GERALDINE 501 OVERLOOK DR COLLEYVILLE, TX 76034 501 OVERLOOK DR TRINITY CHRIS CTR SANTA ANA 2442 MICHELLE DR TUSTIN, CA 92780 7504 PLEASANT RUN RD KHALEDI, MORTEZA 404 FOREST MEADOW DR COLLEYVILLE, TX 76034 404 FOREST MEADOW DR NIYOGI, PARTHA 7604 WILDFLOWER WAY COLLEYVILLE, TX 76034 7604 WILDFLOWER WAY NAJAFI, POONEH 7705 WILDFLOWER WAY COLLEYVILLE, TX 76034 7705 WILDFLOWER WAY STECKLEIN, BERNARD 500 FOREST MEADOW DR COLLEYVILLE, TX 76034 500 FOREST MEADOW DR YATES, JAMES DEWAYNE 7701 OVERLOOK DR COLLEYVILLE, TX 76034 7701 OVERLOOK DR TRINITY CHRISTIAN CENTER INC 2442 MICHELLE DR TUSTIN, CA 92780 7409 PLEASANT RUN RD MURR, SAYLES 7700 OVERLOOK DR COLLEYVILLE, TX 76034 7700 OVERLOOK DR TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 7600 PRAIRIE VIEW DR MENZIE, ANTHONY 617 FOREST MEADOW DR COLLEYVILLE, TX 76034 617 FOREST MEADOW DR GEORGE, LUANNE M 512 FOREST MEADOW DR COLLEYVILLE, TX 76034 512 FOREST MEADOW DR TRINITY CHRIS CTR SANTA ANA 2442 MICHELLE DR TUSTIN, CA 92780 7404 PLEASANT RUN RD TRINITY CHRISTIAN CENTER 2442 MICHELLE DR TUSTIN, CA 92780 7404 PLEASANT RUN RD TRINITY CHRIS CENTER INC 2442 MICHELLE DR TUSTIN, CA 92780 7404 PLEASANT RUN RD JOSEPH, JUBY A 7601 PRAIRIE VIEW DR COLLEYVILLE, TX 76034 7601 PRAIRIE VIEW DR TRINITY CHRIS CTR SANTA ANA 2442 MICHELLE DR TUSTIN, CA 92780 7408 PLEASANT RUN RD SOCKET, PAUL 405 FOREST MEADOW DR COLLEYVILLE, TX 76034 405 FOREST MEADOW DR DO, DAVID 605 FOREST MEADOW DR COLLEYVILLE, TX 76034 605 FOREST MEADOW DR MANLEY GRANDCHILDRENS TRUST 401 FOREST MEADOW CIR COLLEYVILLE, TX 76034 401 FOREST MEADOW DR RILEY, TERRY 601 FOREST MEADOW DR COLLEYVILLE, TX 76034 601 FOREST MEADOW DR MCCARTHY, GERARD 504 FOREST MEADOW DR COLLEYVILLE, TX 76034 504 FOREST MEADOW DR SCHAULIN, RICHARD 408 FOREST MEADOW DR COLLEYVILLE, TX 76034 408 FOREST MEADOW DR KINDRICK, STEPHEN 401 OVERLOOK DR COLLEYVILLE, TX 76034 401 OVERLOOK DR STONE, KENT D 7612 WILDFLOWER WAY COLLEYVILLE, TX 76034 7612 WILDFLOWER WAY TRINITY CHRISTIAN CENTER 2442 MICHELLE DR TUSTIN, CA 92780 7408 PLEASANT RUN RD LEISTEN, JEFFREY 7709 OVERLOOK DR COLLEYVILLE, TX 76034 7709 OVERLOOK DR BISHOP, JEFFREY 405 OVERLOOK DR COLLEYVILLE, TX 76034 405 OVERLOOK DR DEVINE, VICKI 509 OVERLOOK DR COLLEYVILLE, TX 76034 509 OVERLOOK DR TRINITY CHRISTIAN CENTER INC 2442 MICHELLE DR TUSTIN, CA 92780 7401 PLEASANT RUN RD EVANS, MICHAEL 7609 PRAIRIE VIEW DR COLLEYVILLE, TX 76034 7609 PRAIRIE VIEW DR TRINITY CHRIS CTR SANTA ANA 2442 MICHELLE DR TUSTIN, CA 92780 7304 PLEASANT RUN RD TRINITY CHRISTIAN CENTER 2442 MICHELLE DR TUSTIN, CA 92780 7400 PLEASANT RUN RD NGUYEN, JULIE 7701 WILDFLOWER WAY COLLEYVILLE, TX 76034 7701 WILDFLOWER WAY HIGHTOWER, SHAWN 859 COUNTY 6612 RD DEVINE, TX 78016 304 JOHN MCCAIN RD HIGHTOWER, SYDNEY MARY TR 3945 FM 273 BONHAM, TX 75418 304 JOHN MCCAIN RD WILBOW-OUTLOOK DEVELOPMENT COR 4131 N CENTRAL EXPWY DALLAS, TX 75204 600 FOREST MEADOW DR THE OVERLOOK RESIDENTIAL COMMU 2557 SW GRAPEVINE PKWY SUITE 1 GRAPEVINE, TX 76051 501 FOREST MEADOW DR ROWEKAMP, KENNETH 7704 OVERLOOK DR COLLEYVILLE, TX 76034 7704 OVERLOOK DR MOODY, DEBBIE 7608 WILDFLOWER WAY COLLEYVILLE, TX 76034 7608 WILDFLOWER WAY TOLL DALLAS TX LLC 250 GIBRALTAR RD HORSHAM, PA 19044 609 FOREST MEADOW DR MONTICELLO ADDITION-COLLEYVLLE P.O. BOX 254 COLLEYVILLE, TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED SAGE NATURAL RESOURCES, LLC c/o JASON TACKETT 6120 S YALE AVENUE, STE 900 TULSA, OK 74136 APPLICANT Public hearing notices were mailed March 8, 2019 Notification List NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City»«Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, March 25, 2019 at 7:00 p.m. City Council Meetings: Tuesday, April 2, 2019 & Tuesday, April 16, 2019 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit (SUP) for Oil and Gas Extraction. The SUP is a requirement for a change in ownership of the existing gas well. Zoning Case: ZC18-035 Applicant: Jason Tackett Owner: Sage Natural Resources LLC Location: 7404 & 7504 Pleasant Run Road Property Description: Tract 1D, Abstract 295, in the William E Crooks and Lot 1, Block 1, of the Park Place Estates Present Zoning: AG Agricultural This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 NOTICE OF PUBLIC HEARING If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/government/departments-al/communitydevelopment/activedevelopment- cases. For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com 12 March 2019 Department of Community Development City of Colleyville 100 Main Street Colleyville, TX 76034 Honorable Mayor, City Council Members, Madame Chairwoman and Members of the Planning and Zoning Commission: Thank you for your service and dedication to the citizens of the City of Colleyville. I appreciate the time you dedicate towards making our City the jewel of Northeast Tarrant County. I am corresponding to protest Zoning Case ZC 18-035 (Consideration of a Special Use Permit for Oil and Gas Extraction. Specifically for a change in ownership of an existing gas well.). After reviewing the notice and accompanying document, I have several questions regarding this request and would like to address these as succinctly as possible. First, I have significant concerns regarding Sheet number 1 of 2 of the Site Exhibit. This shows a typical “drill site” in the upper right hand corner of the submitted drawing. At best, this is most likely either an error or oversight by the applicant. At worse, it is a forewarning of the applicant’s true intent for the site should the special use permit be approved. I believe that more clarity regarding this must be provided by the applicant and that a new submittal without this exploded view should be submitted prior to any consideration of the special use. Second, the plan as submitted cannot meet the requirements of section 3.1 of the City of Colleyville Land Development Code. Specifically the code reads: D. Setback Distances. 1. Wells setbacks for gas or oil well permits: a. It shall be unlawful to drill, redrill, deepen, re-enter, activate or convert any well, the center of which, at the surface of the ground, is located; or b. Within 1,000 feet from any public park; or c. Within 1,000 feet from any residence, religious institution, public building, hospital building or school for which a building permit has been issued on the date of the application for a drilling permit is filed with the administrative officer or d. Within 1,000 feet from any building used, or designed and intended to be used, for human occupancy; or e. Within 500 feet from any existing storage tank containing flammable liquids or gases, or source of potential ignition; or f Within 500 feet of any public street, road, highway, or right-of-way line, except in the case of railroad right-of-way; or g. Within 100 feet of any building accessory to, but not necessary to the operation of the well; or h. Within 300 feet to any fresh water well; or 2. 3. E. 1. i. The measurement of all distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the any object listed in a. through h. above. Letter of Opposition j. For purposes of this section, a "building used, or designed and intended to be used, for human occupancy" means an enclosed space, other than a residence, in which individuals congregate for amusement or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress, light, and ventilation facilities." The distances set out in this may be reduced at the discretion of the City Council. At a minimum, no structure intended for human occupancy, including any residence, shall be constructed within 300 feet of an existing gas well head, tank battery or other gas well equipment unless approved by the City Council. Per the ordinance, the applicant cannot meet the requirements set aside for setbacks from not one but 55 single family residences within the Overlook at Colleyville. I respectfully request that the Planning and Zoning Commission and the City Council deny the Special Use request for change of ownership based on the inability of the applicant to lawfully comply with Section 3.1 of the Local Development Code. I am concerned that this request, if approved, will only be met with a subsequent request to redevelop the site or to make it active although it has been capped for the better part of two years. To approve this would only serve to allow the camel’s nose under the tent and could potentially set a precedent where the applicant could argue that any future denials were arbitrary and capricious given the assumed blessing on the site with a change of ownership request. Again, thank you for your time and consideration to this matter. Please feel free to contact me if you have any concerns or would like to discuss this with me personally. You may reach me electronically at stephenkindrick@sbcglobal.net or at (817) 980-5920. Kindest Regards, Stephen D Kindrick, MUP, DO 401 Overlook Drive Colleyville, Tx 76034 Lot 14, Block 4, Overlook at Big Bear Creek Subdivision Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition Letter of Opposition ORDINANCE O-19-XXXX AMENDING ORDINANCE O-10-1779 CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council approved Ordinance O-10-1779 on November 16, 2010, to authorize a Special Use Permit for a Gas Well on 13.2 acres located on Tract 1D, Abstract 295, in the William E. Crooks survey and Lot 1, Block 1, of the Park Place Estates addition, located at 7404 and 7504 Pleasant Run Road; and WHEREAS,the City of Colleyville has received a request for an amendment to Ordinance O-10-1779, under Case Z-18-035; 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 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. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended on 13.2 acres located on Tract 1D, Abstract 295, in the William E. Crooks and Lot 1, Block 1, of the Park Place Estates, located at 7404 and 7504 Pleasant Run Road, amending the Special Use Permit ordinance, as depicted in the attached Exhibit “A”. THAT the above described tract of land shall be subject to the following conditions: 1. General a.The amendment shall apply to the ownership change from Titan Operating, LLC to Sage Natural Resources, LLC as required per Land Development Code Section 3.1 – 145 Standards for Oil and Gas Well Drilling and Production, regulation E.2. b.Ordinance O-10-1779 herby remains valid and all provisions of Ordinance O-10-1779 shall remain in full force and effect except where amended herein. Sec. 4.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. 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2nd day of April 2019. The second reading and public hearing being conducted on the 16th day of April 2019. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 16TH DAY OF APRIL 2019. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 2, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton Assistant City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Exhibit “A”- Zoning Map City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2b Agenda Date 3/25/2019 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of amendments to the Land Development Code, specifically Chapter 2 - Definitions Explanation The City Council had instructed staff to review and propose amendments to each chapter within the City's Land Development Code (LDC). The process for adopting amendments to the LDC include formal review and recommendation by the Planning and Zoning Commission followed by formal review and approval by the City Council. The attached chapter is a continuation of the formal adoption process. Any remaining chapters will be brought forward over the next several months until the entire Land Development Code has been reviewed. Recommendation Attachments 1.Ch. 02 Definitions - Redline v2 (03.19.19) 2.Draft Ordinance - O-19-XXXX Amendments to Chapter 2 1 Chapter 2 Definitions Rev. 05XX/04XX/20102019 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. Section 2.2 Authorization for Adoption of This Chapter 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. Section 2.3 Variances and Appeals 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. Section 2.4 General Construction of Language 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. 2 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 Aa Abutting, Adjacent, Adjoining. Contiguous or sharing a common border or boundary with other property. Abutting, adjacent and adjoining shall include property immediately across and alley but shall not include property across a street. Accessory Building. 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. Accessory Dwelling. A separate dwelling from the primary 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. Accessory Structure. A subordinate building that is detached from the primary on-site building and is clearly secondary and incidental to the main use. Administrative Official. A person assigned by the City Manager responsible for the administration of this LCDC or a particular portion of the Code. Adult Day Care. An adult day care center is a non-residential facility that supports the health, nutritional, social, and daily living needs of adults in a professionally staffed, group setting. 3 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. All- Weather Surface. A dust free surface constructed of cement, asphalt, brick or other commonly accepted pavement which may be approved by the Administrative Official. 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.See Dwelling, Multi-Family. 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 operated under a certificate of compliance document issued by the Texas Department of Aging and Disability Services, in which food, shelter, and person assistance or supervision are provided for a period of at least 14 days for four or more aged adults who do not require hospitalization or skilled or intermediate nursing care. 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 & ServiceShop. 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 4 parts; mufflers; automobile washing, steam cleaning, and polishing; performing state inspections and making minor repairs necessary to pass said inspection; servicing of air conditioning systems, and other similar minor services for motor vehicles except heavy load vehicles, or any other similar use. Major repair, rebuilding, or reconditioning of engines or transmissions for motor vehicles; wrecker service with vehicle storage; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; and other similar uses. Automobile. A motor vehicle as defined by the Texas Motor Vehicle Laws published by the Texas Department of Public Safety. Automotive and Motor Vehicle Sales. A commercial business which conducts the retail sales of new or used automobiles. Awning. A roof-like structure, usually made of canvas, thatcanvas, which 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. Bb Sign, Banner. A temporary on-site 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 & and Breakfast. A tourist lodging service within the rooms of a single 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.An area enclosed by streets. A block is determined by the streets along its boundary which surround one or more lots. The streets used to determine a block shall be through streets, no cul-de-sac streets. A group of lots adjacent to a cul-de-sac shall not be counted as a 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. A breezeway shall be considered an accessory building. Build. To erect, convert, enlarge, reconstruct, or alter a building or structure. 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 Envelope, Commercial. The portion of a lot or tract covered by the foundation or footprint of a commercial building, plus a five (5) foot buffer. Building Envelope, Residential. The portion of a lot or tract covered by the foundation or footprint of a single-family residential building, plus a ten (10) foot buffer. Commented [EW1]: Added clarification for location 5 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. A line 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. A line 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. A line 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. A line 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. Cc Caliper,. Tree. See Diameter. The stem diameter of young sapling trees meant for plantning and measured at six (6) inches above the root collar. 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. 6 Capital Improvements Advisory Committee (Advisory Committee). Advisory committee, appointed by the City Council, consisting of at least five members, not less than 40 percent of which shall be representatives of the real estate, development, or building industries who are not employees of the City, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, including one member representing the extraterritorial jurisdiction; or consisting of the Planning and Zoning Commission, including one regular or ad hoc member who is not an employee of the City and which is representative of the real estate, development, or building industry, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, one representative of the extraterritorial jurisdiction area; which committee is appointed to regularly review and update the capital improvements program in accordance with the requirements of Chapter 395 of the Texas Local Government Code, and it successors. Capital Improvements Program (CIP). Plan that identifies water, wastewater and roadway capital improvements or facility expansions pursuant to which impact fees may be assessed. Carport. A structure or part thereof, but not an accessory building, either detached or attached to a principal building, and which is open on two or more sides, consisting of a roof and either walls or columns for the purpose of temporary parking of vehicles, boats or trailers. Cellular Communication Tower, Monopole. A low-power radio transmitting structure, consisting of a single pole, which sends and receives radio signals from mobile telephones, linked to one central call-processing point. Cemetery. Land used or intended to be used for the interment of human and pet remains, and dedicated for cemetery purposes including crematories, mausoleums and mortuaries, when operated in conjunction with and within the boundary of such cemetery. Certificate of Occupancy. An official certificate issued by the City upon completion of construction, alteration or change in occupancy of a building. The certificate acknowledges conformance with the requirements of the Land Development Code and/or building codes. Child Day Care Operation. A child-care facility that provides care, supervision, training, or education of an unrelated child or children under fourteen (14) years of age for less than twenty- four (24) hours a day that occurs in a place other than the child’s own home. This definition includes child day-care provided to school-age children before and/or after the customary school day. This definition shall not include kindergartens, pre-kindergartens, and schools listed elsewhere in this Chapter. This definition also encompasses each of the following two separate categories of use: a. Day-Care Operation – Center Based. An operation providing care for children under 14 years of age, for less than 24 hours per day, and at a location other than the caregivers’ or permit holder’s home. b. Day-Care Operation – Home Based. An operation providing care for children under 14 years of age, for less than 24 hours per day, and at the caregiver’s home. See also Family Home in this chapter. 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 act in behalf of the municipality. Civic, Social or Fraternal Organization. Any association, club, organization, unincorporated, not required to be licensed by the Texas Alcoholic Beverage Commission and organized for the purpose of social, civic, fraternal, or recreational purposes. 7 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 of services or products. Common Area. Land within or related to a development, not individually owned or dedicated for public use, thatuse, thatuse, which is designed and intended for the common use of the residents and their guests of the development,. and Common areas 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 a non-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, a non-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 1011n, 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. Community Special Event. An outdoor event of public interest, which is anticipated to attract less than 500 persons in attendance at any one time for a period of eight consecutive hours or more, such as a carnival, circus, and similar temporary events or special fund-raising events sponsored by a public entity, civic organization, or non-profit organization located within the City. 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. 8 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 an 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. The ground area around a tree that contains the minimum volume of roots needed to sustain a particular tree. It is defined as a circular area around the tree trunk with a radius in feet equal to the tree’s DBH in inches (10-inch DBH tree equals a 10-foot radius circle) and extends 24 inches into the soil. Cul-de-sac. A local street having one (1) outlet and terminated on the opposite end by an authorized vehicular turn-around. Dd Day Care Center. See Child Day Care Operation (Center Based). 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, pre-kindergartens, 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 public or private 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 9 (DRC) may also submit comments and recommendations on the vacation of public rights-of-way and easements. DBH (diameter at breast height). The diameter of the stem (trunk) of a tree measured at 4.5 feet above natural grade. If the trees is on a slope, it should be measured on the uphill side. If the tree is composed of several co-dominant stems originating from a common pith above ground, then each diameter should be recorded and then combined in the following way: Calculate the square of each stem DBH and add them together, then take the square root of that sum. This will be a theoretical DBH that has an equivalent stem cross section to the combination of each of the individual stems. If the pith of each co-dominant stem extends separately into the root system then they should be logged as separate trees. DBH measurement can be taken as the smallest measurement below 4.5 ft if there are low branches or other abnormalities. 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 Community Development. The chief executive responsible for administration of this Land Development Code, or his designee. Dwelling. A building or portion thereof designed and used exclusively for residential occupancy, but not including motels, hotels, lodging houses or house trailers. Diameter. The thickness of a tree trunk measured perpendicular to its axis at four and one-half feet (4½) 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 (½) 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. Diameter At Breast Height of an Existing Tree (DBH). That measurement of the size/diameter of a tree as determined by measuring at four and one-half feet above the soil level. For a multi-trunk tree, the diameter shall be the total diameter of the largest trunk plus one-half the diameter of each additional trunk. DBH (diameter at breast height). The diameter of the stem (trunk) of a tree measured at 4.5 feet above natural grade. If the trees is on a slope, it should be measured on the uphill side. If the tree is composed of several co-dominant stems originating from a common pith above ground, then each diameter should be recorded and then combined in the following way: Calculate the square of each stem dbh and add them together, then take the square root of that sum. This will be a theoretical DBH that has an equivalent stem cross section to the combination of each of the individual stems. If the pith of each co-dominant stem extends separately into the root system then they should be logged as separate trees. DBH measurement can be taken as the smallest measurement below 4.5ft if there are low branches or other abnormalities. 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. 10 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, Manufactured Home (HUD-Code). A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in 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 and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. Dwelling, 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. Dwelling, Multi-Family. A building or portion thereof arranged, intended or designated for occupancy by three or more familiesA residential building containing three (3) or more dwelling units that are designed for occupancy by three or more families, with the number of families not to exceed the number of dwelling units. The residential building contains dwelling units that are designed to be occupied by families living independently of one another. The term, includinges, but is not limited to, apartment houses, townhouses, row houses, tenements, apartment hotels, flats, condominiums, fraternity and sorority houses and other group quarters. Dwelling, Single 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, Townhome. One of a group of no less than three (3) nor more than twelve (12) attached dwelling units, separated by a fire-rated wall. 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 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. A building or portion thereof designed and used exclusively for residential occupancy, but not including motels, hotels, lodging houses or house trailers. 11 Ee Easement. A right given by the owner of land to another party for specific limited use of that land without actual ownership of the land. Emergency Access Easement. An area, other than a dedicated street or, place, or an alley, which is maintained free and clear of buildings, structures, and other obstructions for the purpose of providing free passage of service and emergency vehicles. 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. Erect or 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 fiveour fifteen (15) (54) unrelated persons, excluding servants, living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a non-profit cost- sharing basis. For purposes of enforcement, no more than three (3) unrelated individuals may also room and/or board with a family composed wholly of related individuals. 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 Commented [JR2]: Ft. Worth and Southlake use 5 unrelated persons 12 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, and 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-five (7075) percent open. A solid fence is one in which the vertical surface is not greater than thirty-twenty-five (3025) 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. A piece of cloth, usually rectangular, of distinctive color and/or design, and used as a symbol, a standard, a signal or an emblem. Flag Lot. A lot which does not meet the minimum frontage requirements and is accessed by a narrow portion of land. Flood Plain. The land adjacent to a river, stream, or watercourse or other area that is susceptible to being inundated by flood waters from any source. Gg Garage, Private. A detached accessory building or portion of a dwelling that is designed or used for the sheltering of a private motor vehicle and storage of household equipment incidental to the residential occupancy and which is fully enclosed and roofed. The term does not include carport. Garage, Public. A building or place other than a private garage where motor vehicles are kept or stored for remuneration or repair. Grade. For buildings having walls facing one street only, the elevation of the sidewalk at the center of the wall adjoining the street. For buildings having walls facing more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the street. For buildings having no walls facing the street, the average level of the finished surface of the ground adjacent to the exterior wall of the building. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as facing the street. Where no sidewalk has been constructed, the Building Official Administrative Official shall establish such sidewalk level or its equivalent for the purpose of establishing the grade.The average elevation of the highest and lowest elevation measured at the finished surface of the ground at any of the exterior corners of the building or structure. 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 13 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. Hh 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 Fence. For wood fences constructed with pickets in the vertical position, the fence height shall be the nominal lumber size (6’ or 8’) or actual steel vertical member plus allowances of 4 inches at the base for drainage or footings and 2 inches along the top for capping. Signs, Height of Signs. The vertical distance measured from the surrounding grade to the top of the sign. Home Occupation. An occupancy wholly within the primary dwelling unit provided: Any occupational 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. No person other than members of the family residing on the premises shall be engaged in such occupation; The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than Commented [EW3]: Attempt to provide defined margins for fencing so that it does not have to be in contact with the ground and allows for decorative cap along the top. Commented [EW4]: Aligns definition under the Sign catagory 14 twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation; There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign installed in accordance with the applicable provisions; No home occupation shall be conducted in any accessory building; No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required yard; No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses; Home occupation uses shall not include beauty and barber shops, medical or chiropractic offices, or other uses of a similar nature and character Hospital. A building, or portion thereof, used or designed for the housing or treatment of sick or injured patients where they are given medical or surgical treatment intended to restore them to health and an active life, and which is licensed by the State of Texas. This definition does not included rooms in any residential dwelling, hotel, or apartment hotel not ordinarily intended to be occupied by said persons. Hotel or Motel. 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. Ii - Jj Sign, Illuminated Sign. A sign which has characters, letters, figures, designs or outlines illuminated by electrical lights, luminous tubes or other means. Sign, 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. Sign, Illumination - n, 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. Sign, Illumination - , Internal. Lighting by means of a light source which is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs that are themselves made of a translucent material. Impact Fee. Charge or assessment to be imposed by the City upon new development to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to new development. The term includes amortized charges, lump-sum charges, capital recovery fees, contributions in aid of construction, and any other fee that functions as described by this definition. Impact fees do not include dedication of rights-of-way or easements, or construction or dedication of site-related water distribution or Commented [EW5]: Provisions added to provide clarity of specific requirements Commented [EW6]: Renamed to align definition under Sign category Commented [EW7]: Renamed to align definition under Sign category Commented [EW8]: Renamed to align under Sign category Commented [EW9]: Renamed to align under Sign category 15 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. Impervious Coverage. The combinesd area occupied by all principal and accessory buildings, structures, and paved parking, patio, sidewalks and driveway areas., Institution. Buildings, land or structures used by an organized body, religious group or society for a non-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. Ll 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. Commented [JR10]: There is junk or salvage yard use and in defining junk it may be better served for this to be addressed as a code enforcement issue. Commented [JR11]: This definition may not be necessary because many different disciplines can also be land planners. 16 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-00-1249 / 11/08/00) 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 for a 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. Sign, 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. A parcel of land at least sufficient in size to meet the minimum zoning requirements for use, coverage, and area, anda to provide such yards and other open spaces as are herein required, and having frontage on an approved public or private street. A lot mayshall consist of a parcel of land designated as a lot on a plat filed in the County Plat Record. 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 front on 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 or double frontage lot with frontage on only one street. Lot Area. The gross area of the lot, expressed in square feet or acres, which is bounded by its perimeter property lines. Commented [JR12]: This definition may not be needed. Commented [EW13]: Renamed to align under Sign category 17 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. A side 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 front on 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. Mm 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. Manufactured Home. A structure... 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. 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) 18 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.See Dwelling, Mobile Home. Manufactured/Mobile Home Park. A unified development of manufactured/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 manufactured/mobile homes for a permanent duration. A trailer park is a manufactured/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. NITS. A unit of measurement of luminance, or the intensity of visible light, where one nit is equal to one candela per square meter. 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, CC-1, CC- 2, CC-3, ML, or 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. 19 Oo 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. 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. 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.Property designated for recreational use, including a private park, play lot, plaza, or ornamental area intended for use or enjoyment by people. Open space does not include streets, alleys, utility easements, public parks, or required setbacks; an area that is open and unobstructed to the sky except for the ordinary projections of cornices and eaves. 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.Any use of a premises whereon goods, materials, or merchandise is displayed for the purpose of sale. 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 on a generally permanent basis. Pp - Qq Package Store. A retail establishment that sells “liquor”, as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. 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 20 surfaced driveway connecting the area with a street or alley, permitting free ingress and egress without encroachment on the street or alley. Pawn Shop. An establishment where articles are traded in exchange for money plus a right to redeem such articles within a given amount of time upon repayment of such money with interest. The establishment may also be involved in the retail sale of primarily used items, provided that the sale of such items complies with local, State and Federal regulations. Pennant. A wind device, usually triangular in shape and attached to a single cord. Perimeter Subdivision Fence. A fence and/or wall located along the perimeter of a subdivision. 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 recommend subdivision plats, and otherwise perform the duties authorized by the City Charter. Plat. A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the City of Colleyville. Reference to a plat in the ordinance means an official plat of record that has been approved by the City and filed in the plat records of Tarrant County. Plat, Amending. A map, drawing, or chart prepared to show a minor change of an existing subdivision to a lot line or correction of an error such that the changes are not substantive, and no new lots are created. Plat, Final. A map, drawing, or chart prepared according to the provisions of this Land 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. Plat, Replat. A map, drawing, or chart showing a change or revision of an existing subdivision or lot. A Replat modifies previously platted property and may include an additional parcel of un- platted property. 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-cochère. 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-cochère 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. 21 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 (HOA) Recreational Facilities- Buildings or structures in which members of a neighborhood association may gather for social, educational or cultural activities that are intended to serve the site occupants and guests thereof. 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 or the State of Texas to provide water, sewer, solid waste collection, natural gas, electricity, telecommunication or similar services on a community-wide basis. Rr Recreational Facilities, Private (HOA). Buildings or structures in which members of a neighborhood association may gather for social, educational, or cultural activities that are intended to serve the site occupants and guests thereof. 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, R-40, R-30, R-20, R-I 15, 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. Restaurant, Drive-Thru. A business... 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, Standard. 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. Restaurant, Drive-In or Drive-Thru Service. A business whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises. 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 22 occupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use. Roadway Facility. Arterial or collector streets or roads that have been designated on an officially adopted roadway plan of the City, together with all necessary appurtenances. Roadway facilities do not include any roadways or associated improvements designated on the federal or Texas highway system. Roadway facility also excludes dedication of rights-of-way or easements or construction or dedication of on-site streets, sidewalks or curbs required by valid ordinances of the City and necessitated by and attributable to the new development. Roadway Facility Expansion. Expansion of the capacity of any existing roadway improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing roadway facility to serve existing development. Roadway Improvements Plan. Portion of the CIP, as may be amended from time to time, which identifies the roadway facilities or roadway facility expansions and their associated growth-related costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of roadway impact fees pursuant to this Chapter. Ss School. A public or private facility having an academic curriculum approved by the Texas Education Agency. Screening Element. A solid material fence or wall 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 25 (3025) 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. Second Hand Goods Shop. The term shall include surplus stores, rummage shops and flea markets. Self Storage Facilities (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. Sign, 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.See Accessory Dwelling. 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 Commented [EW14]: Renamed to align under Sign category 23 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 a multi-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, Area. A two-dimensional measurement of the sign perimeter by enclosing the extreme limits of the sign with a rectangle. For wall signs, the measurement shall include contrasting background colors or materials. For monument signs, sign area shall be measured by the overall height and width of the sign limits, including the base. Sign, Awning. An awning displaying a business name or logo. Sign, Balloons and Inflatable Advertising. A hollow sign expanded or enlarged by the use of air or gas. Sign, Banner. A temporary on-site sign made of cloth, canvas or other light fabric. Sign, Canopy. A canopy 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. Commented [EW15]: Added clarification for location 24 Sign, Construction Trade. 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 a sub-division and not any particular builder. Sign, Directory. A sign listing the occupants within a major multi-tenant shopping center, industrial site, retail district, office districts, and commercial sites located on the same premises and a directional indicator to the buildings in the development. Sign, Electronic Message. 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, 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, Freeway Pole. A sign supported by a single, free-standing pole, and having no guys or braces. Sign, Garage Sale. A sign to announce the sale of household possessions. 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. A sign that is erected on a vertical framework consisting of two or more uprights supported by the groundSee Stake Sign. 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, Home Occupation. A sign used to identify an allowable home occupation at a residence. Signs, Height. The vertical distance measured from the surrounding grade to the top of the sign. 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, Illuminated. A sign which has characters, letters, figures, designs or outlines illuminated by electrical lights, luminous tubes or other means. Commented [EW16]: Aligns definition under the Sign catagory Commented [EW17]: Renamed to align definition under Sign category 25 Sign, 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. Sign, 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. Sign, 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. 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, 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. Sign, Major Multi-Tenant Shopping Landmark. A sign to identify a major shopping center and the name of a business, profession, service, product or activity conducted, sold or offered within the major shopping center. Sign, Major Shopping Center Entry-Wall and Plaques. A sign located at the vehicular entrances to the center and used to identify a major shopping center and the name of a business, profession, service, product or activity conducted, sold or offered within the major shopping center. 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-Family. A sign identifying the name of a multi-family residential development, such as an apartment building or complex of apartment buildings. Sign, Multi-Purpose. An identification sign combined with a directory sign and/or a reader board sign. Commented [EW18]: Renamed to align definition under Sign category Commented [EW19]: Renamed to align under Sign category Commented [EW20]: Renamed to align under Sign category Commented [EW21]: Renamed to align under Sign category 26 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, Off-Premise. 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. Sign, On-Premise. A sign which promotes or advertises activities, commodities, services or endeavors which are offered on the premises on which such sign is located. 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 and which is designed to be readily movable from site to site. 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. A changeable reader board sign may include an electronic message area. 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 SalesSpecial Advertising. A sign which is temporary and is limited to a specific activity or in the celebration of holidays or other special events. Sign, Stake. A sign that is erected on a vertical framework consisting of two or more uprights supported by the ground. Sign, Subdivision Monument. A free-standing sign which is used to identify a single-family residential subdivision at its street entrance(s). 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 27 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 or 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, Temporary Construction Entrance. A temporary sign identifying the entrance of a commercial business when the driveway that provides access to the business or the street immediately abutting the business is under construction. Sign, Traffic Directional. A sign to guide vehicular traffic into or out of an institutional use or commercial business by identifying a public entrance and exist for vehicular traffic. 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, Weekend Builder / Real Estate Open House. A sign which is both temporary and directional in nature to inform the general public of available residential properties in Colleyville. 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. Sign Area. A two-dimensional measurement of the sign perimeter by enclosing the extreme limits of the sign with a rectangle. For wall signs, the measurement shall include contrasting background colors or materials. For monument signs, sign area shall be measured by the overall height and width of the sign limits, including the base. Sign Height. The vertical distance measured from the surrounding grade to the top of the sign. Sign Illumination. A sign which has characters, letters, figures, designs or outlines illuminated by electrical lights, luminous tubes or other means. Sign 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. Sign 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. Sign 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. 28 Site Plan. A scaled and 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. A top story attic is considered a halfstoryhalf- story 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 thereonThe entire width between property lines when any part thereof is open to the use of the public, as a matter of right, for the purposed of vehicular traffic. This definition shall include public as well as private streets. An alley is no considered to be a stree, and is separately defined herein. 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 29 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. A system-related facility may include a capital improvement that is located offsite, within or on the perimeter of the development site. Tt - Uu 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. (O-02-1330 – 02/26/02) Travel Trailer. A mobile vehicle built on a chassis and designed and used as a temporary place of dwelling and of such size and design as to be subject to licensing for towing on the highway by passenger motor vehicle or other prime mover and not requiring special permit for moving on the highway, as contrasted to a mobile home. Tree, (Protected Tree). A woody perennial plant which has attained a DBH of six (6) inches or more and has an overall height of at least fifteen (15) feet . Mesquite (Prosopis glandulosa), Hackberry/Sugarberry (Celtis laevigata), Chinese Tallow (Triadica sebifera), Hercules’ Club (Zanthoxylum clava-herculis), Honeylocust (Gleditsia triacanthos), Osage Orange (Maclura pomifera), and Callery Pear (Pyrus calleryana) are excluded from this category. 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). A self-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 (4½) 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. 30 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. A land 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. 31 Water Facility. Improvement for providing water service, including, but not limited to, land or easements, water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains. Water facility excludes water lines or mains that are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the City and necessitated by and attributable to the new development. Water Facility Expansion. Expansion of the capacity of any existing water improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development. Water Improvements Plan. Portion of the CIP, as may be amended from time to time, which identifies the water facilities or water facility expansions and their associated growth-related costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this Chapter. Yy - Zz Yard. An open space on the same building lot with a building, unoccupied and unobstructed from the ground upward, except for fences or walls. 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 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 front lot line. 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 32 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 Subject O-00-1249 11/08/00 Added Large Commercial Building definition O-02-1330 02/26/02 Tents O-09-1734 11/4/09 Amended Tree related definitions as part of Chapter 5 amendments O-10-1750 05/04/10 Addition of Definition of Package Store O-19-xxxx Xx/xx/2019 Several Amendments as part of an overall LDC review ORDINANCE O-19-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 2 – DEFINITIONS 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 O- 00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Chapter 2 – Definitions of the Land Development Code as part of a comprehensive review of 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 are hereby amended to read as depicted in the attached Exhibit “A”. Sec. 2.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. 3.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. 4.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 O-19-xxxx Page 2 of 4 Sec. 5.THAT this ordinance shall take effect immediately from and after its passage. Sec. 6.THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2nd day of April 2019. The second reading and public hearing being conducted on the 16th day of April 2019. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 16TH DAY OF APRIL 2019. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 3, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Exhibit “A” {Chapter 2} Date: V a -y I q SPEAKER CARD I will speak In Support of this item. 110 1 will speak In Opposition to this item. V I do not wish to speak but please record my: osupport Imposition Agenda Item Number: -t-L. t —() JS Name: Address:IC" r City:State: �� Zip Code: zzb-?� Telephone Num er: (i t Representing: (organi tion/self) ungersta tl I a limited to speaking for five minutes. For business of lis d o thea enda a Public Hearing, the Planning and Zoning Commission will not respon 'n ccord nc i� thTexas Open Meetings Law, Chapter 551 of the Texas Local � � Government Code. Signed: This information is a Public Record. Date:SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. 1 do not wish to speak, but please record my: ❑support opposition Agenda Item Number:i8'S Name: -7—c) A � ✓ LZ Address: -417 011,1164PULE: City: LTi State:_ Zip Code: 7EU3`( Telephone Number:S'i%.� S3�% Representing:/r (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. Date: Z Z O1 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 record my: ❑support opposition Agenda Item%Number: 7-A Name: �I t�bla/ I I'j 6 Address: City: ( I� 1%I �� Staten Zip Code: / Telephone Number: gl ? `4i Sq -;?6 L� Representing: wG2z n01� (organization/self) 1 y der an;qGoverntinent ited to speaking for five minutes. For business t li toedd on the Benublic Hearing, the Planning and Zoning Commission will not respond i ccorda6ce w1ths Open Meetings Law, Chapter 551 of the Texas Local Code. Signed: This information is a 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 record my: ❑support -5�position Agenda Item Number: -2.6_Cvz 2-4�f /Q -635 Name: Address: City: �� Xp O State: Zip Code: Telephone Number: ?�,Z 2 - = Representing: ay (organizat n/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond inaccordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local I Government Code. Signed: is a Pu Date: �� ZO% 9 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 record my: ❑support ❑opposition Agenda Item Number: Name: Address: City State: 75` Zip Code: 603 Telephone Number:6ll �%/-{�y� Representing : �6� (organ 1 understand 1 am limited to speaking for five minutes. For business not listed onthenda as a Public Hearing, the Planning and Zoning Commission will not respond in accorda7l w h the Texas n etings Law, Chapter 551 of the Texas Local rfvarmntmt Code. Signed: L �� This information is a Date: 3 25 201 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 record my: ❑support loopposition Agenda Item Number: Zcz 1� 0,357 Name: Addres/ns�: City: l'�� n State: � Zip Code: f%3 Telephone Number: M-6q-tO• 41 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, the Planning and Zoning Commission will not respond in ac ordance with the Tex Open Meetings Law Chapter 551 of the Te s Local v rnment Code. Signed: Z446 This informs ion is a Public Record. Date: [`i^ 1v1ia�LCN 'Z_Olck 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 record my: ❑support ❑opposition Agenda Item Number: Name: u Address: 'tOVGRL_CIhL\ZSvC: City: CC)L t t-YVTt u State: llc Zip Code: LCA ,q Telephone Number:�)j 5C110 Representing:l/-%Zt(o6tL IALQ4 (organization/self) 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local . ? ._.. -- " A 1 - Government Code. Signed: Date: 3 I 271101 information is a Public Record. 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 record my: ❑support' rkopposition Agenda Item Number: ch �'ne �y 1 Name: c�6`rl E �11.y n i 1' Address: 5) I Ok( lrJD0 t- F)Y- City: C-piLe(u0/� - State: rt Zip Code: 3 Telephone Number: '311-q4-3010 Representing: (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: Th tk--Il a Public Record. Date: b312- 1; 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 record my: ❑support ❑opposition Agenda Item Number: 29 7—C 18-035 Name: Address: `l 10�i C)\(e:T O Ok Lf City: 0-o11 a- U 0 i (lc State: --TV Zip Code: ? b0l Telephone Number: Representing: (organizationlself) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: Date: 7 -L� 1�2 Agenda Name: This information l0 a 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 record my: ❑support)(opposition Number: aw L /, Address: W411 �V rv:�t f"`"` -V vivv, '✓ City: U,/W We /� State: � Zip Code:/�� Telephone Number: �� %Y &003 Representing: Xl (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in ac rdance with the Texas Open Meetings Law, Chapter 551 of the Texas Local A `Ji Government Code. Signed: AVV'I a ///(X / �� This information is a Public Date:. _ 3 /'1 S/(q 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 record my: ❑support apposition Agenda Item Number: .-- Name: , Al f ��6 �zP� �f 6 SQA) Address: 771,q tai ur„,, `/`� j VC City: (0 Ua4 v., llt� State: -F)Q Zip Code: �1% Telephone Number: Z!`i SDS Representing: 5c�1 (organization/self) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond iniesQrdance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Goveff7ment Code. Signed: Date: 6:;Ps- liq Kecord. 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 record my: ❑support ❑t5pposition Agenda Item Number: IC 18 U3S Name: Address: q ?6q DJU. Oc r,�sO City: 0.0\�(LQQ < (\O State: Zip Code: O' Telephone Number: Representing: (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This info7mation is a Public Record. Date: 2X- ZD 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 record my: ❑support opposition Agenda ItgJNumber: 2_ Name: 70y?�'l6 �aAt'eu Address: %)2 ow e /�z AA City: l ,1*L_L State: Zip Code: 7 r� Telephone Number: L7 tl� 267 - 24/ ,V Representing: (organization a f) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local `'< / / AP= y �'--' Government Code. Signed: This information is a Public Record. Date: 7 2 C �� 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 record my: ❑support popposition Agenda Item Number: i_ A Name: : � 1 Q.t° nol? ✓z,ai' S Address: 7-721 �2ye✓ 16c>k Or City: 11.0 State: Zip Code:7_ Telephone Number: I ( J Qj-,Q14,z& Representing: (organization s 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local ti Government Code. Signed: AP` This information a Public Record. Date: SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. X i I do not wish to speak, but please record my: ❑support gopposition Agenda Item Number: Name: Addre: City: /1 j/!//CLi_� State: _�2 Zip Code: 71,�— Telephone Numberrjaj.�-rl Representing: (organization/self) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: Date: a Public Record. SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. =1 do not wish to speak but please record my: ❑support Qdpposition Item Number: Name: Address: City: �:c_ State, Zip Code: Telephone Number. t%l7-D' Representing: (organization sel I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not re n m accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local (� Government Code. n v � Signed: Date: SPEAKER CARD I &II speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ) opposition Agenda Item Number: z Name: Address: ;IDJ61 City: State: Zip Code: % Telephone Number: Representing:F/� (organization/self) 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local -f 10overnmeat Code. Signed: This yfformation is a Public