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Home My WebLink AboutCity Council-Agenda Packets-11/1/2011~' ~~~ City of Col leyvi I le City Hall COLLEY'~JILLE C~ty CDU~"'~C~~ 100 Main Street Colleyville, Texas 76034 Agenda 817. 503.1000 fr_x:~`' www.colleyville.com Tuesday, November 1, 2011 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation by Doug Lawson, President, Baylor Medical Center at Grapevine, regarding the hospital expansion project and the Lifestyle Improvement Challenge PC-2 Discussion of potential amendments to Chapter 3.1-Oil and Gas Well Drilling and Production in the Land Development Code PC-3 Update of five year utility rate plan PC-4 Presentation of the Quarterly Capital Projects Update PC-5 Discussion of the November 1, 2011 City Council regular agenda items 1. 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 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand 7:00 P.M. - RECEPTION - MICHAEL HOLDER, POLICE CHIEF RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Drew Sherman, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City Council Agenda November 1, 2011 2. OATH OF OFFICE - Keegan Courtney, Mayor for a Day, and Michael Holder, Police Chief 3. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R- 11-3419 4. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Keegan Courtney, Mayor for a Day - Mayor David Kelly Proclamation declaring November 7, 2011, "Thank a Teacher Day" at Colleyville Elementary School - Mayor for a Day Keegan Courtney Proclamation in recognition of Baylor Regional Medical Center Grapevine for event sponsorship of the City of Colleyville's June Concert in the Village and Red, White & Sousa event - Doug Lawson, President, Baylor Medical Center at Grapevine 5. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3420 5a Approval of the minutes of the regular City Council meeting of October 18, 2011 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 0-11-1811 Approval of a request for a zoning change from AG-Agricultural to CC1- Village Retail on 0.6 acres on Tract 3A, Abstract 206 of the B.B.B. and C. RR. Co. Survey located at 5300 Pleasant Run Road, Case ZC11-017 6b 0-11-1812 Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 3 of the Heritage High School Addition located at 5100 State Highway 121, Suite A, Case ZC11-016 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3421 Consideration of appointment to the Park Land Dedication Committee City Council Agenda November 1, 2011 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Planning and Zoning Commission Minutes - October 10, 2011 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR NOVEMBER 1, 2011 - Reading and Public Hearing - Resolution R-11-3422 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards October 28, 2011, by 5: 00 p, m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. G t T Y ~ F ~ CC}LLEYVILLE 1' F `{ A S City of Colleyville City Hall C~tV CDU~"~C~~ 100 Main Street ~ Colleyville, Texas 76034 Agenda Briefing www.colleyville.com Agenda Number PC-1 Agenda Date 11/01/2011 Type Pre Council Department Citv Secretarv Title Presentation by Doug Lawson, President, Baylor Medical Center at Grapevine, regarding the hospital expansion project and the Lifestyle Improvement Challenge Explanation Mr. Doug Lawson, President, Baylor Medical Center at Grapevine, will present information regarding the hospital expansion project and the Lifestyle Improvement Challenge. Attachments 1. Baylor Regional Medical Center Grapevine presentation Q•F~'+;af~i,~.k~~. ~r,,,,~~. ~,~: 4~i'•~~~'t~~,''t~i ~~ ~ "t~:~ ~~'.lK r~rM~;~"!;` s,'~'"~ " `~~'~ •it',:';ir ~. ~ ,~.,+ ~~ T_ _ . { w~ ~~ . .. ~~; SxYh ~ ~,, ,. . ~ ,~~;. ~* "i"~ ~ ~l+ ',-' ~ ~~~~~ ~ Itegional Medical Center at Grape~ine i„i. :4 R"~, ~:~:~~ k i ~~ . . e ~.. November 2011 .~ ,.. ,' ~1. 1~ ~` t __ ?. ~.~ ~ f~~ ~,~ ~ ~t~ ~ ~ . I ~ { _. ~ ~ ~ `~ 1~_ =_~ :,"1 ,~i~{ i`,~ ;(, t I ;'4 I 4 ,•.{ ~ ~ :~; ~; .~ .~i .~ :-; ~ ~,. .~ ~: *.~~~~:.~ ~ ~ ~r ,~ ~~ ~ ~., .. ~ ~ ` ' ~~ C.~BAYLOR T Regional Medical Center at Grapevine ~ ~ ~ ~ ~ r ~ ( ~ ~ f~ -~ ~, ~ :-; ~ ~,. .~ ~: *.~~~~:.~ ~ ~ ~r ,~ ~~ ~ ~., .. ~ ~ ` ' ~~ C.~BAYLOR T Regional Medical Center at Grapevine ~ ~ ~ ~ ~ r ~ ( ~ ~ f~ -~ ~, ~ C.~BAYLOR T Regional Medical Center at Grapevine ~ 1~ ~J ~~ ~ ~ t ~' 4 ~ C.~BAYLOR T Regional Medical Center at Grapevine ~ ~ ~ ~ ~ r ~ ( ~ ~ f~ -~ ~, ~ :-; ~ ~,. .;'~.. ~*~ a~ r~ ~~~ } ~~~ Growing our Community ` ~~~ ~ ~ C.~BAYLOR T Regional Medical Center at Grapevine ~ ~ ~ ~ ~ r ~ ( ~ ~ f~ -~ ~, ~ C.~BAYLOR T Regional Medical Center at Grapevine ~ ~ ~ ~ ~ r ~ ( ~ ~ f~ -~ ~, ~ C.~BAYLOR T Regional Medical Center at Grapevine ~ ~ ~ ~ ~ r ~ ( ~ ~ f~ -~ ~, ~ C.~BAYLOR T Regional Medical Center at Grapevine ~ ~ ~ ~ ~ r ~ ( ~ ~ f~ -~ ~, ~ C.~BAYLOR T Regional Medical Center at Grapevine ~ ~ ~ ~ ~ r ~ ( ~ ~ f~ -~ ~, ~ C.~BAYLOR T Regional Medical Center at Grapevine ~ 1~ ~J ~~ ~ ~ t ~' 4 ~ C.~BAYLOR T Regional Medical Center at Grapevine ~ 1 + ~ I^t t~ J1 ~ ~ ~~ ~ ~ t ~~ ~ ~ ~~ `~v r• , ~~u, ,: j ~ r Y f, \ v `~ Y Y ~t .'] , ~~~, ~~ . ; < <. . ., C.~BAYLOR T Regional Medical Center at Grapevine ~ 1~ ~~ _ - ~r J ~ Y ~"~, ~ f ~ ~..~.~ ~. ~ _: ._ f ~ - _.- .. ~°1,_ h ~ ~r 'k-~~ !'r~.-_ " ""--_ ~ ~ a ~ ~ o,: r r . , _ ~ ~' a~ r 4J .__~ ~ ~ ~ = n ,`~ ~ ~ ~ P~ a-'`~ _ _ '"~' '. . _.. 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' .,--,~`~`"'~- ~'~i '~~ N . .~,~. ~.~:~ ~ ~J`~--_ .~ls , ~~:,~'' ~ _ . _ i fi I ~ ~~ .~ ;r~r ~ 4 ~ ~I~~~ ¢ , ., _ ~ ,r .' a ~ q ~ ~ ~ - : .. ., `~ z :.... ~~,r.` _, ' .~ ~ ~ r ° ~ --~__ ~~~~'_~ __ ~ _ #-, ~ ~ _ r ~. r z r ` -4 ~~ ~ ~„~•-•. ~ • `~ ~,° ~ r ^~ ; ' ~~ ~ -~ . r'.Pr.~~ ~°4~ ~ ~ . 1 , .. ue . ~ ''.'7'•° ~ -~ _ .s . .._ i. ~A E ., k~ y~~~ . .~ '~ "'~~.~ a , _ a_ ~~ ~ ~r. ~~~ ~ ,. ~ ~ `r-, ~ + ~ ~ t ~' 4 ~ C.~BAYLOR T Regional Medical Center at Grapevine ~ ~ ~ ~ ~ r ~ ( ~ ~ f~ -~ ~, ~ :-; ~ ~,. ,,~., ~*~'"r~.-t~ . ~~~ ~} ~~L Patient Tower Important Dates ' ~~ C.~BAYLOR T Regional Medical Center at Grapevine Your Partner in Health ~ 1~ ~J ~~ ~ ~ t ~' 4 ~ ~'~Y~;~ City of Colleyville CityHall CC}LLEYVILLE C~ty CQU~"'~C~~ 100 Main Street Colleyville, Texas 76034 1, F~ a s Agenda Briefing www.colleyville.com Agenda Number PC-Z Agenda Date 11/01/2011 Type Pre Council Department Community Development Title Discussion of potential amendments to Chapter 3.1-Oil and Gas Well Drilling and Production in the Land Development Code Explanation Chapter 3.1-Oil and Gas Well Drilling in the Land Development Code has been amended three times since its original adoption on April 4, 2006. The amendment history to the chapter is as follows: April 4, 2006: Adoption of Chapter 3.1 Oil and Gas Drilling Regulations. Ordinance O- 06-1569. July 5, 2006: Amendments included permit fees, inspections, and water usage. Ordinance 0-06-1578. September 16, 2008: Amendments included language amendments, required site plan information, standards for oil and gas well drilling and production, gas or oil well permit approval. Ordinance 0-08-1693. November 3, 2010: Amendments included new sections for definitions, pipeline regulations and permitting procedures, comprehensive environmental standards, seismic survey provisions, phasing provisions, noise and landscaping standards, notification requirements, setback, liability and indemnification amounts, and fence standards. Permit fees were amended and added to Code of Ordinances. Ordinance 0-10-1778. Given rapidly changing environmental conditions, changes in drilling technology, changes in the overall regulatory landscape, and in particular, in light of the recent completion of the first drilling phase of the Titan Trinity site at 7504 Pleasant Run Road, staff has identified specific areas for potential modification in the regulations. Staff has performed a thorough review of Chapter 3.1 and has also evaluated recent gas well ordinance updates in other Dallas/Fort Worth area cities. Attached is a benchmark of area cities showing setback requirements from gas wells. Colleyville already has some of the most stringent gas well drilling standards in the metro area. However, given the rapidly evolving conditions relative to gas well drilling, City Council Agenda Briefing some area cities have adopted standards that are more stringent. The following is a synopsis of the cities that have adopted specific standards that are more restrictive than Colleyville and a brief description of those standards. The City of Flower Mound has the most restrictive setback requirements in the metro area at 1,500 feet from any residence. All other cities stand at 1,000 feet or less. The Flower Mound ordinance was updated in July 2011. The City of Grand Prairie has the most detailed sound regulations and leak detection requirements. The ordinance was updated in January, 2011. Overall, the City of Southlake has the most restrictive ordinance in the region. Southlake recently approved new restrictions on hydraulic fracturing that restrict fracking during the summer months June, July and August. Also, Southlake requires multiple layers of testing and monitoring of air emissions from gas well sites, including a minimum of two monitoring stations, regular inspections and vapor recovery units. Finally, Southlake increased the indemnification requirements to the highest in the region. The ordinance was updated on October 18, 2011. Based on the observations of the ordinances from Flower Mound, Grand Prairie and Southlake, respectively, as well as the recent experiences with the Titan site, staff has attached proposed amendments to Chapter 3.1. A broad summary and description of these amendments are as follows in order of each Chapter section: Section 110 - Definitions This section contains minor additions and amendments. Section 120 - Additional Approvals Required The section includes the addition of administrative permit expiration at 180 days. Section 135 - Required Site Plan Information This section includes the addition of a traffic impact analysis requirement and more site plan details. Section 145 - Standards for Oil and Gas Well Drilling and Production General Updates: Addition of more specific lighting standards. Modification of workover permitting and hydraulic fracturing notification and permitting City Council Agenda Briefing requirements. Noise Standards: Noise restrictions were modified by adopting much more specific and restrictive sound wall requirements. Monitoring requirements were amended as well to require more specific monitoring criteria including notation of spikes in noise levels and staff access to real time noise data and sounds in order to better determine the source of complaints and perform quicker remediation of noise issues. Environmental Standards: A section requiring green completions was added. Green completions require the utilization of technology to recover gas that may otherwise be vented or flared during the completion (including fracking) phase of a natural gas well. The intent of a green completion is to ensure that no gas is released into the atmosphere nor any liquid spilled during fracking and final completion of the well(s) through utilization of best practices available in the industry. Comprehensive leak detection standards were added along with soil testing criteria. Most releases of gas and volatile organic compounds occur because of leaks during the production phase. The leak detection criteria would be in addition to the air monitoring and pollution mitigation requirements. Section 150 - Insurance and Indemnification Selected coverage amounts were updated based on a review of other cities' ordinances. Section 157 - Permit Fees and Escrow Requirements The escrow requirement was raised from $15,000 to $50,000, in order to better administer the larger reimbursable expenses related to drilling. Section 159 - Water Usage In the event of any citywide water restrictions, the city manager would have the authority to restrict the sale and supply of City water, until the restrictions are lifted. However, the operator would have the option to appeal the city manager's decision to the City Council. Water obtained from the City would be restricted to the subject property and could not be transported off of the property for any reason. City Council Agenda Briefing Section 170 - Notice of Activities This section was deleted, as the requirements were amended and moved to Section 145. Section 186 - Pipeline Regulations A small section on hours of operation and noise was added, along with a Special Use Permit requirement for any above ground pipeline facilities. Section 188 - Seismic Survey Permit Required More restrictions were added including submittal requirements, indemnification and a road repair agreement requirement. No permit fee increases are recommended at this time. Based on the direction received from the City Council concerning this item, staff may present an item for consideration of the proposed amendment in December 2011. Attachments 1. Proposed Amendments to Chapter 3.1-Oil and Gas Well Drilling and Production 2. Gas Well Setbacks - July 2011 Proposed Amendments to Chapter 3.1, Colleyville Land Development Code hapter 3.1 D '.? ~.,ii s a ' ~` '_r, ,1,_~ The purpose of this Chapter is to establish regulations which describe the process for the review and approval of oil and gas well drilling and production, but more specifically to: 1. Establish reasonable and uniform limitations, safeguards, and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting, and storing of oil and gas and other substances produced in association with oil and gas within the corporate City of Colleyville limits; 2. Provide for the safe, orderly, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, and general welfare of the community; 3. Ensure appropriate protection to environmentally sensitive areas; 4. Establish procedures for the review and approval of gas well site plans. The regulations contained in this Chapter have been adopted under the authority of the following: 1. Chapters 211, 212 and 551 -Texas Local Government Code, which authorizes a municipality to adopt rules governing zoning, site plans and subdivisions of land within the municipality's jurisdiction. 2. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Any person seeking approval of a development as required by this Land Development Code may request a waiver from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request to the City Council. All technical industry words or phrases related to the drilling and production of wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. For the ~ purposes of this a+t~sleChapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Otherwise, definitions not found below may be found in Chapter 2- Definitions of this Land Development Code. Administrative Officer: The city manager or the city manager's designated representative assigned to administer ~ this a+t+~4eChapter. Abandonment: "AbandonmenY' as defined by the railroad commission and includes the plugging of the well and ~ restoration of the drill site as required by this a#asleChapter. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code Ambient noise level: The all encompassing noise level associated with a given environment, being a composite of I sounds from all sources at the location, prior to the addition of sources related to oil and qas drillinq, production, or compression activities constituting the normal or existing level of environmental noise at a given location. Applicant: A person requesting a permit or certificate for the drilling, operation and production of a well, or the ~ installation or operation of a pipeline, as the case may be, is issued under this a+t+sleChapter, including but not limited to the applicanYs heirs, legal representatives, successors or assigns. Blowout preventer: A mechanical, hydraulic, pneumatic, or other device or combination of such devices secured to the top of the well casing, including valves, fittings and control mechanisms connected therewith, which can be closed around the drill pipe or other tubular goods which completely close the top of the casing and are designed to prevent blow outs. Centralizer: A device secured around the casing at the regular intervals to center it in the hole. Closed-loop drilling fluid system: An enclosed suite of solids control equipment used for mud circulation and intended to minimize drilling fluid dilution to provide for handling of the drilling wastes so that reserve pits are not used. Completion of drilling, re-drilling and re-working: The date the work is completed for drilling, re-drilling or re- working and the crew is released by completing its work or contracted by its employer. Compression facility: Any facility designed to compress natural gas during any phase of drilling, hvdraulic fracturinq and production. This definition shall apply to any pipeline compression facilities as well. Daytime: The period from 7:00 a.m. to 7:00 p.m. Derrick: Any portable framework, tower, mast and/or structure that is required or used in connection with drilling or re-working a well for the production of oil and/or gas. Drilling: Digging or boring a new well for the purpose of exploring for, developing or producing oil and/or gas or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid or substance into the earth. Drilling equipment: The derrick, draw works, power plant, rotary table, pumps, together with all parts of an apparatus to such structure, every piece of apparatus, machinery or equipment used in connection with drilling and operations. Drill site: Any area used during the drilling, re-drilling or re-working of a well or wells prior to the reduction and conversion of the area to an operation site. Exploration: Geologic or geophysical activities, including but not limited to surveying and seismic exploration, related to the search for oil and gas or other sub-surface hydrocarbons. Excavation: Any movement or alteration of the surFace of the ground by machinery in conjunction with or anticipation of drilling activities or construction of a pipeline, including but not limited to scraping or grading a site. Hydraulic Fracturing or Fracturing: The process of fracture stimulation of a rock formation, including but not limited ~ to the process of pumping sand laden fluids down a well, or anv other means used, to stimulate a rock formation. Franchised utility: An entity authorized to provide utility services to the city pursuant to a franchise agreement with the city; provided, however, that such definition shall not extend to any pipelines or other utility lines which collect or transport gas, hazardous liquids or chemicals from wells located within the city into a larger pipeline system, regardless of whether such pipelines are owned by an entity which holds a franchise within the city for other purposes. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code Gas: Any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions and/or the gaseous components or vapors occurring in or derived from petroleum or natural gas, and/or any material defined or referred to as "gas" in the rules, regulations or forms of the railroad commission. Green Completion: Usinq technoloqy to recover qas that may otherwise be vented or flared durinq the completion phase of a natural qas well; usinq equipment desipned to handle hiqh pressure, hiqh rate flowback fluids so as to safelv handle and to sell the natural qas produced durinq flowback period; usinq flowback equipment to separate sand, water and qas durinq initial flowback: havinq a sales line in place prior to completion of the fracturinq process; usinq the recommended technoloqies and practices outlined in the U.S. Environmental Protection Aqencv Natural Gas STAR Proqram and also includinq, but not limited to, vapor recoverv svstems, no-bleed pneumatic valves, flarinq and ventinq bans, and electric compressors. Hazardous liquid: Any liquid identified as hazardous by any federal or state law or regulation, including but not limited to those liquids defined by the railroad commission at 16 Texas Administrative Code, section 7.80, Definitions, as amended, specifically including but not limited to, petroleum or any petroleum product, and any substance or material which is in a liquid state when transported by pipeline facilities and which has been determined by the U.S. Secretary of Transportation to pose an unreasonable risk to life or property when transported by pipeline facilities. The term shall be enlarged to include liquefied natural gas and anhydrous ammonia should such materials at any time be introduced into any pipeline subject to this a+t+s~eChapter. It shall also include carbon dioxide, defined at 49 CFR 192.2 as a fluid consisting of more than 90 percent carbon dioxide molecules compressed to a supercritical state. Hazardous materials management plan: The hazardous materials management plan and hazardous materials inventory statements required by the fire code. Idled pipeline: A pipeline that has been inactive for at least two years, regardless of whether there may be specific plans to reactivate the pipeline. Inactive pipeline: A pipeline that has temporarily been taken out of service for a period of at least six months for hazardous materials or hazardous liquids, or for a period of at least one year for natural gas, with the expectation that the pipeline may be reactivated within two years, even though there may be no specific plans to reactivate the pipeline. Inspector: The oil and gas inspector designated by the administrative officer. Liphtninp arrester: A device incorporated into an electrical svstem to prevent damaqe bv heavv surqes of hiqh- voltaqe electricitv, such as a stroke of liqhtninq or voltaqe surqes resultinq from mishaps in operations. Line marker: A marker identifying the location of a buried pipeline, as further defined in 49 CFR 192.707. New well: A new well bore or new hole established at the ground surFace and shall not include the re-working of an existing well that has not been abandoned unless the re-working involves drilling to a deeper total depth. Nighttime: The period commencing at 7:00 p.m. and ending at 7:00 a.m. Operation site: The area used for development and production of oil and gas and all related operational activities after drilling activities are complete. 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 a+t+~4eChapter, then such lessee shall also be deemed to Proposed Amendments to Chapter 3.1, Colleyville Land Development Code ~ be an operator. In the event there is no oil and gas lease relating to any premises affected by this a+t+sl~Chapter, the owner of the fee mineral estate in the premises shall also be deemed an operator. I Pad site: The area around a well that serves as a foundation for the drilling rig as depicted in the requirements of section 135 of this chapter. Permittee: Any person authorized to act under a permit or a certificate issued by the city. Pipeline: All parts of those physical facilities through which gas, hazardous liquids or chemicals move in transportation, including but not limited to pipe, valves and other appurtenance attached to pipe, whether or not laid in public or private easement or public or private right-of-way within the city, including but not limited to gathering lines, production lines and transmission lines. ~ Pipeline permit: A permit applied for and issued or denied pursuant to this a#isleChapter authorizing the movement of gas, oil, water or other products through a pipeline. Pipeline operator. Any person owning, operating or responsible for operating a pipeline. Production: Activities leading to and supporting the production of oil, gas and/or other hydrocarbons. Railroad commission: The Railroad Commission of Texas. Road repair agreement: A written agreement obligating the operator to repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or its employees, agents, contractors, subcontractors or representatives in the performance of drilling or production of any wells authorized by the city. Tank battery: Point of collection (tanks) and disbursement (tank, meter, lease automated custody transfer unit) of oil or gas from producing well(s). TCEQ: The Texas Commission on Environmental Quality. Well: A hole or bore to any horizon, formation, or strata for the purpose of producing gas, oil, or other hydrocarbons. Well permit: A permit applied for and issued or denied pursuant to this a+t+s~eChapter authorizing the drilling, production, and operation of one or more wells. Workover operations: Work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production. 1. General SUP Requirement - In all zoning districts, it shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas to hereafter engage in the drilling or production of an oil or gas well without first obtaining a Special Use Permit in accordance with the requirements of this Chapter. No application for an oil or gas well development site plan or oil or gas well permit or any other application for drilling and production shall be approved until a SUP has been approved. Denial of a SUP for oil or gas well drilling and production shall be grounds for denial of any other permit applications pertaining to such use for the same land. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code 2. Review and Approval Procedures - Every application for a SUP for gas or oil well drilling shall be reviewed and considered using the same procedures for reviewing and considering a rezoning application as specified in Chapter 1- General Provisions of this Land Development Code regarding legal advertisement, property owner notification and public hearings. No drilling or production of an oil or gas well shall begin until the following have been approved: 1. An oil or gas well development site plan that has been approved by the Chairman of the Development Review Committee (DRC) is on file with the City that conforms to the requirements of the Land Development Code. 2. An oil or gas well permit has been issued by the administrative officer in accordance with the requirements of the Land Development Code. 3. An oil or gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new well permit in accordance with the provisions of this section if the operator is re-entering and drilling an abandoned well. 4. No oil or gas well permit shall be issued for any well to be drilled on City of Colleyville owned property without the prior consent of City Council. 5. An application for a oil or gas well permit and, if applicable, a pipeline permit must be filed with the city concurrently with the application for a special use permit; provided, however, that the city shall not be required to consider the application for the oil or gas well permit or the pipeline permit unless and until a special use permit is approved by the city council and all applicable regulations of this ordinance and all other applicable city, state or federal regulations are met. 6. When a oil or gas well permit has been issued, the permit shall constitute authority for the drilling and production of oil and gas in accordance with the limitations set forth in this a+t+s4eChapter. The laying of pipelines shall require separate permitting in accordance with Section 187 of this Chapter. 7. All administrative permits and allowances described in this Chapter shall automaticallv expire 180 davs from the date of issuance of the permit unless an extension is qranted in writinq from the administrative officer or the Citv Council has specified a different expiration period. The following shall be applicable to all gas well site plan and permit applications: A. It shall be the policy of the City of Colleyville to consider oil and gas well drilling and production as subject to the control of the City pursuant to the City of Colleyville Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. B. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land site planned for oil or gas well drilling and production in violation of this Chapter. C. All oil and gas well site plans shall conform to the rules and regulations set forth herein. D. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, if the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive provisions thereof shall apply. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code E. The provisions contained in this Chapter, shall be considered as the minimum requirements for review and approval of an oil or gas well site plan. . ~ ~... -. .~. -. -. The Community Development Department shall forward all applications for SUPs to the DRC for review. The DRC shall review each application and shall make recommendations regarding the applications to the Planning and Zoning Commission and City Council. The DRC may make recommendations regarding any aspect of the proposed oil or gas well development including, but not limited to, recommendations with respect to the standards set forth in Chapter 3.1. I e - • - s °° • a:' The applicant requesting gas well drilling and production approval shall submit the required number of copies of a site plan drawing as determined by the Administrative Official and which complies with this Section. A. A traffic impact analvsis shall be submitted which includes but is not limited to, proposed truck routes, tvpes and weiqhts of trucks and vehicles accessinq the drill site, hours of the dav that truck and vehicle traffic will be enterinq and leavinq the site, days of the week that truck and vehicle traffic will be enterinq and leavinq the site, turninp movements associated with truck and vehicle traffic, proposed access points and proposed traffic control devices. ;ac~t+€y~r~ ~^~~~e~e-~ell ~~~, ~~^~~ i. ~h~~~~e~ ~mm~r~i nf nnn_TYIIlIT rn~rl~Tl~# ~niil~~~e~~ z. ~e~~ii~~er~rh rn~rl #h~# ~niill ho ~~~e~ #n~~~~T~ ~ . B. Identify location and dimension of existing or proposed driveway(s) to be used. C. Identify the 100-year flood plain. D. Identify the proposed source of water. E. Identify and show the proposed method of erosion control. F. Identify the location of proposed lease lines and property lines. 1. Label distance between wells and property lines; 2. Label distance between wellheads and structures within 1,000 feet of wellheads. 3. Label distance between temporary holding ponds and pits and floodplains. 4. Label distance between wellheads and roadways. G. Show location of all proposed underground pipelines. As built drawings shall be filed with the Engineering Department. All pipelines proposed in the public right-of-way shall require a Right-of-way Use Agreement. H. Identify if pipelines connect with a Gas Distribution System. I. the color, heiqht, size, bulk and location of all structures and equipment specific to the proposed site, includinq, but not limited to, all securitv cameras, liqhtinq, utilities and the floodplain, and the location and descriation of all imarovements. structures. utilities and floodalain areas within 1.000 feet of the aroaosed drill site J~. General Requirements Proposed Amendments to Chapter 3.1, Colleyville Land Development Code 1. Property Owner /Mineral Lessee / Mineral Owner l Gas Well Operator - The names and addresses of the current owner of record, mineral lessee, minerals owner and gas well operator. 2. Surveyor Name - The name, address and telephone number of the surveyor responsible for the site plan which shall contain the seal of a Texas Registered Professional Land Surveyor. 3. Gas Well Name - Title block containing the proposed name of the gas well(s), acres in lease, survey, and jurisdiction. 4. Location Map - A location map showing the tract by reference to streets or highways Date - The date the site plan was prepared Scale & North Arrow - The site plan shall be prepared at a numerical scale no greater than one (1) inch equals one hundred (100) feet unless approved by the Administrative Official responsible for gas well site plan review. A graphic scale symbol shall be placed on the drawing with a north arrow indicating the approximate true north. Boundary Lines - The property boundary lines shall be shown in heavy lines so as to provide a differentiation with the internal features of the area being proposed for site planting. The location and dimensions of all boundary lines of the property shall be expressed to the nearest hundredth foot. Metes and Bounds Description - A written metes and bounds description of the property containing the well site shall be shown on the site plan and be capable of reproducing such lines upon the ground with a closure error of less than 1:25,000. The legal description shall include reference to an original survey or subdivision corner, and the Texas NAD83 State Plane Coordinate System. The legal description shall include the acreage of the total area of the tract or property in which the lease area is located and shall contain information to show the last instrument conveying title to said parcel, giving grantor, grantee, date, and land records reference. Adjacent Properties - All property lines, streets and easements on lands immediately adjacent to and contiguous with the perimeter of the proposed pad site and extending one hundred (100) feet shall be shown with the names of the owners as shown on the most current Tax Assessor's files. 10. Street Rights-of-Way - The width of all public street rights-of-way within the immediate vicinity of the proposed pad site shall be shown on the site plan. The general location and width shall be consistent with the Master Thoroughfare Plan. 11. Permanent Structures - The location and general outline of any existing permanent structures, parking lots, driveways, and other significant structures. 12. City Limit Lines - The location of the city limit boundaries of the City of Colleyville and any adjacent city shall be shown on the site plan. 13. Easements - The location and dimension of all existing easements proposed by the applicant shall be shown on the site plan drawing indicating whether such easement is for any specific purpose. 14. Sheet Size - Map sheets shall be twenty-four by thirty-six (24"x 36") inches. Sheets shall be numbered in sequence if more than one (1) sheet is used and an index sheet provided with match lines. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code 15. Site plan Notes and Conditions - When appropriate, the site plan shall contain a listing of any site plan notes and site plan conditions in a readily identifiable location with each note numbered consecutively. 16. Street Names - All street names shall be shown on the site plan. 17. Lease Area - The lease area designated for drilling activities expressed in square feet shall be shown on the site plan. 18. Survey Notes - The Final Site plan shall be accompanied by one (1) set of surveyor's closure notes for the boundary of the subiect propertv~e+~. The notes shall be referenced in the same manner as the site plan. 19. Certification Blocks - All site plans shall contain the appropriate certification blocks which shall be similar to those shown. 20. Pad Site - a leaal descriation of the actual aad site. Any person violating or failing to comply with any provision or requirement of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined in an amount up to $2,000 per day. A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. A. On-site Requirements. 1. Entrance Gate: A secured entrance gate shall be required and signs identifying the entrance to the drill site or operations site shall be reflective. 2. Fencing: All drilling features including storage pits shall be fenced to prevent access. When not supervised, all fences shall remain locked. 3. Illegal Dumping: No person shall place, deposit, or discharge any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including wastewater or brine, from any oil or gas operation or the contents of any container used in connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain, any body of water, or any private property within the corporate limits or ETJ of the City of Colleyville. 4. Fire Suppression: All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator's cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. 5. Screening: All well heads, storage tanks, separation facilities or other mechanical equipment shall be screened with a minimum eight-foot high solid screen fence, good side facing from the gas or oil well. Prior to the beginning of any gas well production, a permanent, solid masonry screening wall built to a minimum height of eight feet shall be installed along the entire perimeter of the pad site so as to obscure the entire view of any production equipment, including storage tanks, from surrounding habitable buildings and public roadways. Such wall must be completed within 60 days of completion of drilling of the first well on the site. The masonry perimeter wall shall have an architectural metal gate meeting the requirements for gates found in Chapter 14 of the Land Development Code that shall remain locked when the operator or operator's employees are not within the enclosure. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code 6. Closed-loop drilling fluid systems: Closed-loop drilling fluid systems shall be used instead of reserve pits, except in the case of temporary fresh water pits. All other fluids shall be accumulated in storage tanks and transported out of the city limits as required by state law or as required by the administrative officer. Wells drilled for the sole purpose of injecting any fluids for underground disposal are hereby prohibited. 7. Discharge: No person shall place, deposit, discharge, or cause or permit to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including wastewater or brine from any oil and/or gas operation, or the contents of any container used in connection with any oil and/or gas operation in, into, or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain, underqround or any body of water or any private property in the City of Colleyville. 8. Drilling fluids: Low toxicity glycols, synthetic hydrocarbons, polymers, and esters shall be substituted for conventional oil-based drilling fluids. 9. Drilling fluid storage pits: No drilling fluid storage pits, other than open pits used to store fresh water, shall be located within the City of Colleyville. Fresh water pits shall contain measures designed to mitigate proliferation of mosquitos. Pits shall be located at or below the averaqe qrade of surroundinq properties and contain decorative aeration devices that provide a fountain effect. 10. Drill stem testing: All open hole formation or drill stem testing shall be done during daylight hours. Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate oil and/or gas separator to storage tanks and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe. 11. Signs: A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing. Such sign shall be durable material, maintained in good condition and, unless otherwise required by the City Council, shall have a surface area of not less than two square feet nor more than four square feet and shall be lettered with the following: i. Well name and number; ii. Name of operator; iii. The emergency 911 number; and iv. Telephone numbers of two persons responsible for the well who may be contacted 24 hours a day incase of an emergency. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the fire marshal of the City of Colleyville. Sign lettering shall be four inches in height and shall be red on white background or white on a red background. Each sign shall include the emergency notification numbers of the fire services department and the operator, well and lease designations required by the Commission. 12. Security camera(s). The operator shall at all times after the permanent masonry perimeter fence is in place, have installed a minimum of one operating security camera inside the perimeter fence and post on the fencing of the site signs indicating that any activity on the site may be recorded by video surveillance. Such sign shall conform to the approved sign plan. The location of the security camera~ camera tvpe and picture resolution of the recordings shall be subject to the approval of the P~olice Cshief or his/her desiqnee. Camera systems shall be maintained in proper operating condition and do all of the following: a. Capture clear video images of all traffic entering and exiting the gate(s); and b. Capture clear video images of all production equipment located on the site; and c. Be equipped with motion detection technology; and d. Be equipped with panning technology to pan immediately to any motion detected on the site; and e. Show the date and time of all activity on the footage; and Proposed Amendments to Chapter 3.1, Colleyville Land Development Code f. Be capable of being viewed at the monitoring facility. The operator shall maintain video data for a period of at least 1,000 hours. At the request of the city, the operator shall produce to the city any recorded views of the fenced area. Data from videos may only be requested by the administrator or law enforcement officials. B. Operations and Equipment Standards. 1. During the hydraulic fracturing process: a. All fracturinq operations includinq "flowback" operations to recover fluids used during fracture stimulation shall be performed during daytime~ hours only; b. a watchperson shall be required at all times during such operations; and c. at no time shall the well be allowed to flow or vent directly to the atmosphere. Nuisance prevention measures shall be implemented to prevent or control offensive odor, fumes, dust, noise, and vibration in accordance with the conditions set forth by the approved ordinance. 3. Directional lighting shall be provided for the safety of oil or gas well drilling and production operations and shall be provided so as to not disturb, directlv illuminate or adversely affect adjacent developments. A site liqhtinq plan desiqned to promote the safetv of niqhttime operations shall be submitted prior to the issuance of the administrative permit for drillinq activities. The plan should include a photometric plan, indicatinq the tvpe and color of liqht(s) to be used and demonstrate comaliance with all Federal Aviation Administration reauirements. The operator shall, at all times, comply with the rules and regulations of the Texas Railroad Commission including but not limited to all applicable Field Rules. 5. Only electric motors will be used for the purpose of drilling and pumping oil or gas during production. Internal combustion engines may be used for the purpose of electric generation and only during drilling operations if they have mufflers that will reduce noise levels to the standards described in Section 15 below. 6. Venting of gas into the open air shall be prohibited. 7. Only Light Sand Fracture Technology or technologies approved by the administrative officer in accordance with applicable codes shall be used to fracture stimulate a well. 8. Air, gas, and pneumatic drilling shall not be permitted. 9. Written notices must be sent , to all properties~e~s within 1,500 feet of the pad site ^f~~~: 72 hours prior to the commencement of fracture activities. Notices shall be mailed to the occupant of said propertv, whether commercial or residential, as determined bv the most recent utilitv billinq database. All costs incurred bv the Citv for said notice shall be reimbursed from the escrow account described in Section 157. The notice shall identifv where the activities will be conducted and shall describe the activities in reasonable detail, includinq but not limited to the duration of the activities and the time of dav thev will be conducted. The notice shall also provide the address and 24-hour phone number of the person conductinq the activities. 10. The operator shall place an identifying sign at each point where the flow line or gathering line crosses a public street or road. 11. Structures shall not be built or placed over pipelines, flow lines or gathering lines. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code 12. Landscaping: The following standards shall be considered as minimum standards: Screening shrubs shall be installed completely around the well pad site outside of required screening fences and be sufficient to screen from view the structures sought to be screened. Screening shrubs shall be planted once all equipment has been set in place and the first well has been drilled and completed. The required screening shrubs shall be planted within a minimum twenty (20) foot wide green belt. The screening shrubs shall be "live plant material of the evergreen variety" which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. In addition to screening shrubs, one tree, measuring a minimum of three (3) inches in caliper shall be planted on 20 foot centers around the entire pad site within the greenbelt noted above. All landscaping shall meet the requirements of Chapter 4-Landscaping and Buffering in the Land Development Code and must have an installed irrigation system that provides total water coverage to all plant materials. The vegetation or berms shall be kept in an attractive state and in good condition at all times by the applicant or operator. All landscape and irrigation plans shall be submitted to the DRC for approval. 13. Vehicle routes for oil and gas well permits. Vehicles associated with drilling and/or production in excess of three tons shall be restricted to such streets designated as arterials, collectors or local commercial as delineated in the City of Colleyville's thoroughfare plan. The vehicles shall be operated on state arterials whenever capable of being used. Such vehicles shall be operated only on City of Colleyville arterials, collectors and local commercial access easements only when it is not possible to use a state arterial to fulfill the purpose for which such vehicle is then being operated. All property owners along the proposed vehicle route shall be sent a public notice of the proposed SUP per the requirements of Chapter 1. 14. Work hours for oil and gas well permits: Site development, other than drilling, shall be conducted only during daytime~ hours. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to between the above same work hour restrictions except in cases of fires, blowouts, explosions, and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. The operator may request a waiver from the City Council, pursuant to section 3.1-106 of this a+t+sleChapter. 15. Permittinp and Notification Repuirements for Workover Operations and Hvdraulic Fracturinp: The operator shall notifv the oil and qas inspector in writinq no less than thirtv (30) davs prior to startinq completion procedures such as fracturinq and perforatinq, and such work shall not commence until the administrative officer has approved the proposed work in writinq. At least three (3) business davs before operations are commenced, the operator shall post a siqn at the access road entrance of the drill site advisinq the public of the date the operations will commence; the siqn shall have white letters on red backqround. Anv person who intends either to workover or re-work a well usinq a drillinq riq or to fracture stimulate a well after initial completion shall qive written notice to the citv at least 30 davs before the activities beqin. The notice shall identifv where the activities will be conducted and shall describe the activities in reasonable detail, includina but not limited to the duration of the activities and the time of dav thev will be conducted. The notice must also provide the address and 24-hour phone number of the person conductinq the activities. The person conductinq the activities shall post a siqn on the perimeter fencinq at least three (3) business davs prior to conductinq workover or re-workinq operations qivinq the public notice of the activities, includinq the name, address, and 24-hour phone number of the person conductinq the activities. No well shall be worked over without the approval of the administrative officer. If the administrative officer determines that an inspection is required, the actual cost of the inspection shall be assessed aqainst the respective operator's application fund balance required bv Section 157 of this Chapter. 16~. Noise restrictions for oil and gas well permits: Proposed Amendments to Chapter 3.1, Colleyville Land Development Code a. No well shall be drilled, re-drilled, fractured or any equipment operated at any location within the city in such a manner so as to create any noise which causes the exterior noise level, when measured at, either the property line of the tract upon which the nearest habitable structure is located, or 100 feet from the nearest habitable structure (as measured to the closest exterior point of the habitable structure), whichever is closer to the well, to exceed the ambient noise level: i. By more than ten decibels during fracturing operations; and ii. By more than five decibels during nighttime hoursi , and iii. By more than five decibels during daytime hours or more than three decibels during nighttime hours for all activities not addressed in paragraphs a. and b. above. b. The operator shall be responsible for establishing and reporting to the city the pre-drilling ambient noise level prior to the issuance of a well permit. Once the drilling is complete, the operator shall be required to establish a new ambient noise level prior to the installation of any new noise generating equipment. In lieu of the foregoing, the city may elect to perForm the required noise testing and establish the ambient noise level. c. Adjustments to the noise standards as set forth above in subsection (a)(1) of this section may be permitted in accordance with the following: Permitted Increase Duration of Increase dBA Minutes* 5 15 10 5 15 1 20 less than 1 * Cumulative minutes during any one hour period d. No workover or re-working operations shall be permitted during nighttime hours. The operator shall monitor exterior noise level generated by the drilling, re-drilling or other operations of all wells located within 1,000 feet of a protected use when requested by the city, to ensure compliance. The cost of such monitoring shall be borne by the operator. The monitorinq data shall also include an audio recordinq to help identifv the source of sound level "spikes" throuqhout the loqqinq period. The continuous noise monitorinq equipment shall be capable of wireless transmission of real-time noise and audio data. Access to this real-time data shall be made available to the administrative officer. The noise readinqs shall also be submitted to the administrative officer on a weeklv basis in an electronic format or other format specified bv the inspector. The weeklv report shall state whether the drill site is in compliance with the noise requirements. If the report states that the drill site is not in compliance with the noise standards, then the report shall state the measures that are beinq taken to return the drill site to compliance and the timeframes for implementinq these remedial measures. ~4se~-s~isa~Noise reduction blankets, sound walls, mufflers ande~ other alternative methods as shall be used to ensure compliance with this a+t~sleChapter. All soundproofing shall comply with accepted industry standards and subject to approval by the administrative officer. At a minimum. the oaerator shall install noise reduction blankets on the drill site boundaries facinq anv habitable structure within 1,500 feet of anv well bore. The heiqht of boundarv blankets shall be a minimum of 30 feet, or at a minimum heiqht such that the entire riq alatform minus the derrick structure is screened from the view of anv structures within 1.500 feet Proposed Amendments to Chapter 3.1, Colleyville Land Development Code of the well bores, whichever is qreater. The heiqht mav be increased at the discretion of the administrative officer in response to topoqraphic necessitv. In addition to the boundarv barriers, the operator must, at a minimum, install additional noise reduction blankets to mitiqate noise qenerated from the riq substructure, the riq floor area, brake drum housinqs, mud pumps, diesel motors, and qenerators. The blankets shall be constructed of a fire-retardant material approved bv the fire department. The noise reduction blankets shall meet a standard of STC 30 or qreater. Noise reduction blankets shall be kept in qood condtition and installed such that there are no openinqs, tears or visible defects at anv point in the larper, composite blanket structure. All temporarv noise reduction blankets, sound walls, etc. shall be removed within 30 davs of the completion of drillinq, fracturinq or re-workinq activities under a specific permit or allowance. g. The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. During nighttime operations the operation of vehicles with audible back-up alarms are prohibited. If the operator uses any equipment during nighttime operations which are required to have back- up alarms, the operator shall provide and use only approved non-auditory signaling systems, such as spotters or flagmen. Deliveries of pipe, casing and heavy loads shall be limited to daytime hours, except for emergency situations. The derrick man and driller shall communicate only by walkie-talkie or other non disruptive means when the derrick man is in the derrick. Horns may not be used to signal for connection or to summon crew (except that a horn may be used for emergency purposes only). The operator shall conduct on-site meetings to inform all personnel of nighttime operations noise control requirements. i. Concurrent with the Special Use Permit application, the operator shall file a noise management plan which shall detail how the equipment used in the drilling, completion, transportation, or production of a well complies with the maximum permissible ambient noise levels of this a+t+~4eChapter. Violation of the noise management plan shall be a violation of this a+~+sleChapter. The noise management plan must be approved by the administrative officer and must comply with the following requirements: i. Identify operation noise impacts; and ii. Provide documentation, if applicable, establishing the ambient noise level prior to and after the installation of the noise-generation equipment verifying compliance with this section; and iii. Detail how the impacts will be mitigated. In determining noise mitigation, specific site characteristics shall be considered, including but not limited to the following: (1) The location, type, nature and proximity of adjacent development; and (2) Seasonal and prevailing weather patterns, including wind directions; and (3) Vegetative cover on or adjacent to the site; and (4) Topography; and (5) Operation and site noise management measures which may include, but not be limited to use of critical grade mufflers on generators and motors; use of structural noise curtains, walls, or enclosures; and best management practices by limiting or eliminating noisier operations, such as tripping, deliveries of pipe, casing and heavy loads, use of horns for communication and operation of vehicle audible back-up alarms during nighttime hours. C. Environmental Safety and Protection Standards. 1. Site Erosion Control, Run-Off and Groundwater and Soil Protection Standards. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code a. Erosion and stormwater control practices approved by the City Engineer shall be conducted for all oil or gas wells. Compost berms that are at least 3-feet-high and 4-feet wide, or equivalent erosion devices, shall be installed so that all portions of the well pad that may drain off-site are contained. b. Damage resulting from sedimentation and / or erosion shall be repaired within 48 hours. c. Gas or oil wells may have a target location or bottom-well hole location that is under the floodway when the gas or oil well is drilled directionally from a location outside such areas. d. Outdoor storage areas shall be equipped with a secondary containment system designed to contain a spill from the largest individual vessel. If the area is open to rainfall, secondary containment shall be designed to include the volume of a 24-hour rainfall as determined by a 100- year storm and provisions shall be made to drain accumulations of ground water and rainfall. e. For all areas within the City of Colleyville's corporate limits, in which the proposed well bore is within 775 feet of any type of surface water conveyance, including, but not limited to, creeks, streams, drainage ditches, or other constructed storm water conveyance systems, calculating distance in a straight line from the conveyance centerline, a preliminary flood study shall be prepared by the applicant and approved by the City Engineer. Upon completion of the preliminary flood study, if the City Engineer determines that the proposed well bore is within 100 feet of any type of surFace water conveyance, or other flood hazard area, then a detailed flood study shall be prepared by the applicant and approved by the City Engineer prior to City Council consideration of any Special Use Permit for a well. f. No oil or gas well drill sites shall be allowed on slopes greater than ten (10) percent. g. No sa;~.i~ disposal wells of anv kind, includinq saltwater wells, shall be located within the City of Colleyville. h. Any wells drilled as part of a gas well and testing of adjacent wells shall meet the following requirements: No oil or gas well permit will be issued for any well where the center of the well at the surface of the ground is located within 1,000 feet of an existing fresh water well intended for domestic use. ii. The operator shall, within 120 days of its completion date, equip each well with a cathodic protection system to protect the production casing from external corrosion, unless the inspector approves an alternative method of protecting the production casing from external corrosion. The operator of a well shall provide the inspector with a"pre-drilling" and "post- drilling" water analysis and flow rate from any existing fresh water well within 2,000 feet of the well. For the purposes of this section, "post-drillinq" shall mean the period immediatelv after the completion of a well The analysis shall be performed by an independent inspector approved by the City before and after each phase of drillinq and fracturinq. Such water tests shall conform to the following testing requirements: (1) Water samples must be collected and analyzed utilizing proper sampling and laboratory protocol from a U.S. Environmental Protection Agency or Texas Commission on Environmental Quality approved laboratory; (2) Well samples shall be analyzed prior to any drilling activity to document baseline water quality data of the well. A post-drilling sample shall be analyzed within three months after the drilling begins; and Proposed Amendments to Chapter 3.1, Colleyville Land Development Code (3) Parameters to be tested for, including but not limited to methane, chloride, sodium, barium and strontium. If it is found that the fresh water well is no longer in use and without possibility of future use or if the fresh water well owner objects to having the water well tested, the owner of the fresh water well may waive the right to have the operator test the water. In the event of evidence of fresh water well contamination of anv wells within 2,000 feet of the qas well(s), the administrative officer is authorized to retest and/or perform an analvsis of all wells in order to determine the potential cause of the contamination at the expense of the operator. iii. A copy of the determination by the Texas Commission on Environmental Quality of the depth of useable quality ground water shall be provided to the administrative officer prior to the drilling of any water well. After any spill, leak or malfunction, the operator shall remove or cause to be removed all waste materials from any public or private property affected by such spill, leak or malfunction. Cleanup operations shall begin within 48 hours. j. The drill site shall at all times be kept free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material outside the drill site. k. The operator shall install drip pans and other containment devices underneath all tanks, containers, pumps, lubricating oil systems, engines, fuel and chemical storage tanks, system valves, connections and any other areas or structures that could potentially leak, discharge or spill hazardous liquids, semi-liquids or solid waste materials, including hazardous waste. The operator shall store all chemicals and/or hazardous materials in such a manner as to prevent, contain and facilitate rapid remediation and clean-up of any accidental spill, leak or discharge of a hazardous material. The operator shall maintain all material safety data sheets (MSDSs) for all hazardous materials on site. The operator shall comply with all applicable federal and state regulatory requirements for the proper labeling of containers. The operator shall take all appropriate pollution prevention actions including but not limited to raising chemical and materials and bulk storage (e.g., placing such materials on wooden pallets), installing and maintaining secondary containment systems, and providing adequate protection from stormwater and weather elements. m. An operator must set and cement sufficient surface casing to protect all usable quality water strata, as defined by state law. The operator shall notify the inspector in writing at least 72 hours prior to the scheduled time for setting and cementing surface casing, and such work shall not commence until the inspector has approved the proposed work in writing. In addition, the following requirements shall apply: i. Centralizers must be used at an interval of one centralizer per 100 feet, or ten centralizers per 1,000 feet; and ii. New surface casing is required; and iii. Proper floating equipment shall be used; and iv. Class "H" or class "C" cement with accelerators shall be used; and v. The operator shall circulate cement to surface; if not, the operator shall cement with one- inch tubing and top off; and vi. The operator shall wait on cement a minimum of 12 hours prior to commencing further drilling operations; and Proposed Amendments to Chapter 3.1, Colleyville Land Development Code vii. The operator shall test the blowout preventer before drilling out of surface casing to 1,000 psi. n. The operator shall construct all facilities used for parking, loading, unloading, driveways, and other vehicular access areas of concrete, unless an alternative material is approved by the city council as a condition of a specific use permit or an approved waiver. The operator shall maintain the surface for such facilities and drive approach in good condition and repair and meet the minimum requirements set forth in the fire code approved by the city council, as amended. The pad site is not required to be constructed of concrete or asphalt. o. A stormwater pollution prevention plan (SWPPP) complvinq with all federal, state, and local storm water quality requlations, includinq any notice of intent (NOI) and notice of termination (NOT) requirements. A copv of the NOI shall be submitted to the Citv Enpineer seven (7) business davs prior to the commencement of anv new on-site drillinq or hvdraulic fracturinq activitv. p. It shall be unlawful to contaminate anv soil above requlatorv thresholds, and fail to expeditiouslv remediate such contamination, at anv drill site in the citv. Soil samplinq shall be subiect to the followinq requirements: Upon application for an oil and qas well drillinq permit, soil samplina shall be conducted prior to the commencement of any drillinq activities at the proposed drill site to establish a baseline studv of site conditions. A minimum of one (1) soil sample will be taken at the location of anv proposed equipment to be utilized at the site to document existinq conditions at the drill site (i.e., each well, above-qround storaqe tank, separator). ii. A licensed third partv consultant shall be utilized to collect and analvze all "pre-drillinq" and "post-drillinp" soil analvsis. The cost of such fees and charqes assessed bv the third partv contractor shall be borne bv the operator; iii. Soil samples will be collected and analvzed utilizinq proper samplinq and laboratorv protocol set forth bv the TCEQ and/or EPA. The results of the analvses will be addressed to the Citv and a copv of the report provided to the operator. The analvses will include the followinq analvses at a minimum: TPH, VOCs, SVOCs, Chloride, Barium, Chromium, and Ethvlene Glvcol. iv. Subsequent to the drillinq of each well, periodic soil samples shall be taken as determined bv the citv durinq inspection events to document soil qualitv data at the drill site. v. When abandonment occurs pursuant to the requirements of the Texas Railroad Commission and as referenced in Section 185 of this Chapter, the Citv will collect "post- operation" samples when equipment is removed from the drill site to document that the final conditions are within reaulatorv requirements. vi. If it is found that the soil contains a prohibited amount (pursuant to state or federal law) of a hazardous substance, the operator shall remediate the location within thirtv (30~ days and thereafter soil samplinq shall be collected and analvzed at such locations on the drill site as are necessarv to determine compliance. 2. Air Quality Standards a. The operator shall conduct all drilling and production operations in such a manner as to minimize, so far as practicable, dust, vibration or noxious odors, and in accordance with the best accepted practices incident to drilling for the production of oil, gas and other hydrocarbon substances. The Proposed Amendments to Chapter 3.1, Colleyville Land Development Code operator shall construct and operate all equipment so that vibrations, dust, odor or other harmful or annoying substances or effect created by the operations carried on at any drill site or from anything incident thereto will be minimized, to minimize the possibility of injury or annoyance of persons living in the vicinity. The operator shall maintain all aspects of the site and structures thereon in good operating condition and good appearance. Proven technological improvements in industry standards of drilling and production in this area shall be adopted as they become available if capable of reducing factors of dust, vibration and odor. Brine water, sulphur water, or water in mixture with any type of hydrocarbon may not be used for dust suppression. b. As a condition of approval of a Special Use Permit, the City Council shall require the utilization of an independent, third-party expert, as chosen by the city, to conduct testing of airborne emissions resulting from any gas well drilling and production in order to ensure compliance with state and federal regulations relating to air quality standards. The frequency, methods, locations, reporting and specifications of said testing shall be determined prior to the issuance of any gas well permit and may be adopted as part of the approving Special Use Permit ordinance if required by the City Council. All reasonable and necessary costs associated with the utilization of said expert shall be reimbursed by the gas well operator to the city. c. No person shall allow, cause or permit gases to be vented into the atmosphere or to be burned by open flame. No open flaring is permitted. Green completion methods as defined in this chapter shall be utilized durinq the hvdraulic fracturinq flowback and well completion process. Other than the utilization of an underqround pipeline as defined bv this Chapter, the storaqe and transportation of anv flowback fluids on/off of the pad site is herebv prohibited unless a specific waiver is qranted bv the Citv Council. In order to minimize airborne emissions of volatile organic compounds (VOC), pending the recommendations of the expert referenced in subsection "b" above and/or the City Council, all storage tanks utilized for production may be required to be equipped with an approved vapor recovery unit (VRU). As determined by the air testing recommendations by the expert referenced in subsection "b" above, each approved VRU may require an air quality monitoring device in order to accurately report VOC emissions emanating from any tanks. In addition to a VRU, the City Council mav require a permanent air qualitv testinq protocol includinq but not limited to monitorinq stations and reqular inspections. ~ e. A Leak Detection and Compliance Plan (LDCP) shall be submitted prior to the commencement of anv production activities and/or anv pipeline connection to ensure that all site activities and equipment are in compliance with applicable rules and requlations. The LDCP shall include methodoloqv to assess and evaluate the impact of drillinq, fracturinq, production, and other activities at the Drill site and immediate surroundinqs. Specific elements shall include, but are not limited to: a leak detection monitorinq proqram, methods and equipment for emission measurements, site inspection activities, continuous distance monitorinq, and a response plan to address emerqencv issues if thev arise, and anv other information required bv the Fire Marshal. Monitorinq should include evaluation of potential impact to air, soil, surface water, or qroundwater. In addition to other reportinq requirements established bv this Chapter, annual reportinq of the monitorinq results to the Citv is required with all laboratorv data sheets, field lops, data summarv, and actions taken in the previous monitorinq period. The plan must be created in accordance with anv Citv-mandated quidelines and address the manner in which periodic inspections bv a third partv will occur to ensure compliance with the LDCP plan aoals. f. Unless explicitlv approved bv the Citv Council, compression facilities as defined in this Chapter are prohibited. 3. General Safety and Environmental Standards Proposed Amendments to Chapter 3.1, Colleyville Land Development Code a. In all cases, the operator shall install and utilize blowout prevention equipment on all wells being drilled, worked-over or in which tubing is being changed. Protection shall be provided to prevent blowout during oil and/or gas operations as required by and in conformance with the requirements of the railroad commission and the recommendations of the American Petroleum Institute. The operator must equip all drilling wells with adequate blowout preventers, flow lines and valves commensurate with the working pressures involved as required by the railroad commission. b. Organic solvents, such as trichloroethylene and carbon tetrachloride, shall not be used for cleaning any element, structure or component of the drilling rig, platform and/or associated equipment, tools or pipes. Lead-free, biodegradable pipe dope shall be substituted for American Petroleum Institute (API) specified pipe dope. Sealant shall be used around pipe threads to ensure and maintain the integrity of the seal. c. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve to the well distribution line. d. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank. e. All storage tanks shall be anchored for stability. f. All storage tanks containing Class I or Class II flammable or combustible liquids shall meet the requirements of Chapter 34 of the International Fire Code. Secondary containment systems shall be approved by the Fire Marshal and be of a sufficient height to contain one and one-half (1 '/2) times the contents of the largest tank in accordance with the Fire Code. Drip pots shall be provided at pump out connections to contain the liquids from the storage tank. g. Tank battery facilities shall be equipped with a lightning arrestor system. h. The contents of any pit shall always be maintained at least 2 feet below the top of the pit. i. Fencing, a minimum of six-feet in height, shall be installed to restrict access to open water reservoirs utilized in oil or gas well drilling operation at a drill site within the corporate limits of the City. Upon completion of drilling activities, said fencing shall be removed. j. After the well has been completed, or plugged and abandoned, the operator shall clean and repair all damage to public property caused by such operations within thirty (30) days. k. A copy of a hazardous materials management plan as required by the City of Colleyville's Fire Marshal's office shall be provided. In addition to the hazardous materials management plan, all material safety data sheets (MSDSs) for all hazardous materials, includinq all hvdraulic fracturinq fluids, that will be located, stored, transported, and/or temporarily used on the drilling site shall be provided to the administrative officer ~ and Fire Marshal. I. A copy of the emergency response plan as required by the City of Colleyville's Fire Marshal's office shall be provided. 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 Proposed Amendments to Chapter 3.1, Colleyville Land Development Code 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 containinq flammable liquids or qases, 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 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. 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." 2. The distances set out in this may be reduced at the discretion of the City Council. 3. 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. E. Phasina of Drillina and Production and General Saecial Use Permit Provisions 1. Unless specified differently in the ordinance approving the Special Use Permit (SUP) for a gas well, all drilling, and production activities shall conform to the following schedule: a. Drilling: i. Drilling shall commence no later than one year after the approval date of the SUP allowing the gas well. If no drilling has occurred within one year, the SUP shall automatically expire. ii. Once drilling has begun, the gas well operator shall have five (5) years from the approval date of the SUP allowing the gas well operator to drill all wells. No additional drilling may occur after this point without the approval of the City Council. b. Hydraulic Fracturing: All hydraulic fracturing shall be completed within five (5) years from the approval date of the SUP allowing the gas well. No additional hydraulic fracturing may occur after this point without the approval of the City Council. c. Production: If the provisions of section a(i) above are met, the gas well operator shall have five (5) years from the approval date of the SUP allowing the gas well to begin well production. If no well production has begun within five years, the SUP shall automatically expire and the operator shall be subject to abandonment provisions of this ordinance. 2. 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. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code The operator shall provide or cause to be provided the insurance described below for each well for which a Gas or Oil Well Permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator may provide the required coverage on a"blanket basis for multiple wells". Such coverage shall be approved by the City Attorney for the City of Colleyville. A. General Requirements. Indemnification and Express Neqliqence Provisions. Each Gas Well Permit issued by the City shall include the following language: Operator does hereby expressly release and discharge, all claims, demands, actions, judgments, and executions which it ever had, or now have or may have, or assigns may have, or claim to have, against the City of Colleyville, and/or its departments, it agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a gas or oil well permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Oil or Gas Well Permit and work performed by the operator shall fully defend, protect, indemnify, and hold harmless the City of Colleyville, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the City of Colleyville, Texas, and/or its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by Operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the Operator under a Gas or Oil Well Permit and, the Operator agrees to indemnify and hold harmless the City of Colleyville, Texas, and/or its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the City and/or, its departments, iYs officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the City of Colleyville occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas or oil wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF COLLEYVILLE OCCURRNG ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS OR OIL WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMINITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF COLLEYVILLE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYES FROM THE CONSEQUENCES OF THENEGLIGENCE OF THE CITY OF COLLEYVILLE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS OR OIL WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. 2. All policies shall be endorsed to read "this policy will not be cancelled or non-renewed without 30 days advanced written notice to the owner and the City except when this policy is being cancelled for nonpayment of premium, in which case 10 days advance written notice is required". 3. Liability policies shall be written by carriers licensed to do business in Texas and with companies with A: VIII or better rating in accordance with the current Best Key Rating Guide, or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas approved by the City. 4. Liability policies shall name as "Additional Insured" the City and its officials, agents, employees, and volunteers. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code 5. Certificates of insurance shall be presented to the City evidencing all coverage's and endorsements required by this Section, and the acceptance of a certificate without the required limits and/or coverage's shall not be deemed a waiver of these requirements. 6. Claims made policies will not be accepted except for excess policies or unless otherwise provided by this Chapter. B. Required Insurance Coveraqe's. 1. Commercial General Liability Insurance. Coverage should be a minimum Combined Single Limit of $10,000,000 per occurrence for Bodily Injury and Property Damage with an annual general aggregate coverage of $258,000,000.00. This coverage shall include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, broad form property damage, independent contractor's protective liability and personal injury. Underground reservoir (or resources) damage coverage shall be on an occurrence basis, shall not be limited to sudden and accidental occurrences, shall not have a discovery or reporting limitation and shall not exclude damage to water tables, formation or strata. c. Environmental Impairment (or Seepage and Pollution) shall be either included in the coverage or written as separate coverage. Such coverage shall not exclude damage to the lease site. If Environmental Impairment (or Seepage and Pollution) Coverage is written on a"claims made" basis, the policy shall provide that any retroactive date applicable precedes the effective date of the issuance of the permit. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Such policy shall provide for a minimum combined single limit coverage of $25~,000,000.00 per occurrence. A discovery period for such peril shall not be less than ten years after the occurrence. 2. Automobile Liability Insurance. Minimum Combined Single Limit of $10,000,000 per occurrence for Bodily Injury and Property Damage. Such coverage shall include owned, non-owned, and hired vehicles. 3. Worker's Compensation Insurance. In addition to the minimum statutory requirements, coverage shall include Employer's Liability limits of at least $1,000,000 for each accident, $1,000,000 for each employee, and a$1,000,000 policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the City, its officials, agents, employees, and volunteers for any work performed for the City by the operator. 4. Excess (or Umbrella) Liability Insurance. A minimum limit of $25a-9,000,000, covering in excess of the preceding insurance policies. 5. Control of Well Insurance: a. Minimum limit of $10,000,000 per occurrence. b. Policy shall cover the Cost of controlling a well that is out of control, Re-drilling or Restoration expenses, Seepage and Pollution Damage. Damage to Property in the Operator's Care, Custody, and Control with a sub-limit of $500,000 may be added. 6. Security: a. A security instrument that covers each well shall be delivered to the administrative officer before the issuance of the Gas or Oil Well Permit for the well. The instrument shall provide that it cannot be cancelled without at least thirty 30 days' prior written notice to the City and, if the instrument is a performance bond, that the bond cannot be cancelled without at least ten 10 days' prior written notice Proposed Amendments to Chapter 3.1, Colleyville Land Development Code for non-payment of premium. The instrument shall secure the obligations of the operator related to the well to: i. Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the perFormance of any activity authorized by the Gas or Oil Well Permit; ii. Comply with the insurance and security provisions set forth in this Section; and iii. Pay fines and penalties imposed upon the operator by the City for any breach of the Gas or Oil Well Permit. b. The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a bank or surety approved by the City. The instrument shall run to the City for the benefit of the City, shall become effective on or before the date the Gas or Oil Well Permit is issued, and shall remain in effect until the well is abandoned and the site restored. c. A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate shall be issued by a bank in the City of Colleyville County, Texas, shall be approved by the City, shall be payable to the order of the City to secure the obligations of the operator described above, and shall be pledged to the bank with evidence of delivery provided to the administrative officer. Interest on the certificate shall be payable to the operator. d. The security instrument may be provided for individual wells or on a"blankeY' basis for multiple wells. The amount of the security shall be a minimum of $50,000 for any single well and a minimum of $200,000 for multiple wells on a"blankeY' basis. The security will terminate when the Gas or Oil Well Permit is transferred, with respect to the operator-transfer or and if the operator-transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the administrative officer consents in writing to such termination. f. An appeal of the determination of the amount of security required under this Chapter may be made to the Planning and Zoning Commission for recommendation to the City Council for final determination of the amount of security. The Director of Public Works may condition the release of the Gas or Oil Well Permit or a Seismic Survev Permit upon the operator providing the security required by Chapter 3.1 and upon operator entering into a Road Repair Agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to, bridges caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by the approved Gas or Oil Well Permit. In addition to a Road Repair Agreement, the Director of Public Works shall require the gas well operator to pay a road remediation fee to be calculated by the Director of Public Works. The road remediation fee shall be paid prior to the issuance of any gas well permit. A. The failure of the DRC or the administrative officer to review and issue a Gas or Oil Well Permit within 30 days shall not cause the application for the permit to be deemed approved. B. Each Gas or Oil Well Permit issued by the administrative officer shall: 1. Identify the name of each well and its operator; 2. Specify the date on which the administrative officer issued each permit; 3. Specify the date by which drilling shall commence on at least one well covered by the permit otherwise the permit expires (such date shall not be less than one year after the date of issuance); Proposed Amendments to Chapter 3.1, Colleyville Land Development Code Specify that if drilling is commenced on at least one well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site restored; Incorporate, by reference, the insurance and security requirements set forth in Chapter 3.1; Incorporate, by reference, the applicable rules and regulations of the Railroad Commission, including the applicable "field rules"; Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by Chapter 3.1; Contain the name, address, and phone number of the person designated to receive notices from the City, which person shall be a resident of Texas that can be served in person or by registered or certified mail; and Incorporate by reference all permits and fees required. As a condition to the issuance of the gas or oil well drilling permit required by this Chapter of the Land Development Code, payment of the applicable permit fee shall be paid in full. Said permit fee shall be in accordance with the Schedule of Fees and Charges contained in Section 2.26 of the Colleyville Code of Ordinances. If the application for a well permit is approved, prior to a permit being issued, the operator shall deposit with the city the sum of $50~5,000.00 for each pad site containing a well permit application approved. The funds shall be maintained by the city in an interest-bearing escrow account from which the city may reimburse itself for the actual administrative expenses, consulting fees, contracting fees or the funding of inspector position(s). All interest earned shall be credited to the fund balance or refunded to the operator if and when the minimum balance is achieved. The city shall invoice and notify the operator, in writing of any deduction from the application fund and within 15 days of receipt thereof, the operator shall pay to the city for deposit into the fund the amount necessary to return the balance to $50~5,000.00. The operator may appeal any charge assessed against the fund by filing an appeal as provided in this a+t+sleChapter. If the operator fails to maintain the fund as required by this section, such failure shall constitute a violation of this a+t+sleChapter, and the administrator may suspend or revoke the well permit and the city may pursue all remedies provided in this a#+s~eChapter for such violation. Upon completion of all drilling activities, final inspection and approval by the city of a restored site, and fulfillment by the operator of all of operator's obligations under this a#iE4eChapter, the city shall return any remaining account balance to the operator or the operator's approved assign. A. Inspections shall be performed by city staff as determined by the administrative officer or by an independent inspection consultant, as approved by the City Manager. If necessary, the costs for retaining an independent inspection service shall be in addition to the permit fee and escrow requirements and shall be billed on a monthly basis to the holder of the oil and gas well drilling permit. If payment is not received by the City within forty-five (45) days from the billing date, the drilling permit shall be revoked. B. The administrative officer is hereby authorized to establish written inspection procedures to enforce the provisions of the oil and gas well drilling regulations contained in this Chapter. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code A. The holder of an approved oil and gas well drilling permit may obtain water from the City of Colleyville through a temporary fire hydrant meter in accordance with the policies and procedures existing at the time the fire hydrant meter is obtained. B. When a water shortage has been declared, in accordance with the operating policies of the Colleyville Water and Sewer Manual, it shall be unlawful to use water from the Colleyville water system for oil and gas well drilling operations and production. C. In the event of the imposition of anv Citywide water restrictions, the Citv Manaqer shall have the authority to restrict the sale and supplv of Citv water to the operator until the restrictions are lifted. The operator may appeal the decision of the Citv Manaqer as it relates to this specific section to the Citv Council upon receipt of a written request from the operator. DG. The time of delivery of water for oil and gas well drilling operations and production shall be determined by the Director of Public Works. E. Water obtained from the Citv of Collevville as part of anv drillinq permit shall be restricted to the propertv specified bv the approvinq Special Use Permit and shall not be transported off of said propertv for anv reason. F~. Unless otherwise approved as a provision of the Special Use Permit, no water well permit shall be approved for oil and gas well drilling. A. Requirement to report emergencies 1. The operator shall immediatelv ~^~~+"~^ ^R "^~~r° notify the oil and gas inspector, administrative officer and Fire Marshal of any incident resulting in product loss from a hydrocarbon storage facility or pipeline facility, blowout, fire, explosion, incident resulting in injury, death, or property damage, or any other significant incidents as defined by the City. 2. A written report, containing a brief summary of the incident, shall be submitted to the oil and gas inspector by 5:00 p.m. on the first business day of the City of Colleyville following the incident, and a duplicate report shall be submitted to the Fire Marshal and administrative officer by the same time. 3. A follow-up report shall be submitted to the oil and gas inspector, administrative officer and the Fire Marshal within 24 hours following the incident. The operator responsible for the follow-up incident report shall include the following information: i. Operator/applicant name, phone number, addresses, and, if possible, e-mail address. ii. Description of the incident, including, but not limited to, the time, date, location, and cause of the event. iii. Duration of the incident, that is, when the it began and when it terminated to the degree that it no longer constituted a hazard to the health, safety, and well-being of persons or property, regardless of the distance or separation from the place of incident. iv. How the incident was brought under control and/or remedied. v. A full and complete description of the type of intercompany investigation or other investigation or inquiry that was made concerning the incident, the findings or results of such inquiry or investigation, and the action taken as a result of the findings and inquiry concerning the prevention of the existence of future hazards. vi. Signed and dated by the person responsible for such report. 4. The operator shall provide a copy of any "incident reports" or written complaints submitted to the Texas Railroad Commission within 24 hours after the operator has notice of the existence of such reports or complaints. This shall include, but not be limited to, notification of any reportable quantity releases of oil, natural gas, and/or associated minerals, chemicals, or solid and/or liquid wastes, pursuant to regulatory Proposed Amendments to Chapter 3.1, Colleyville Land Development Code requirements established by the commission, and notification to the Fire Marshal of any fire, and/or equipment strikes by lightning. ~. ge~T nin~n nrnr~~~~~~~~~~- ~r~r~~~ r~~~ ~nrl rnn#ir~~~ir~n nn ~r~~~~~~~~ haon nro~iin~~clv ronnr#olJ #n #ho f i#v nf (`nllov~iillo A. The operator shall notify the administrative officer of any changes to the following information within 48 hours, within one business day after the change occurs. 1. The name, address, and phone number of the operator; 2. The name, address, and 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities; 3. The name, address, and phone number of the person designated to receive notices from the City, which person shall a resident of Texas that can be served in person or by registered or certified mail; 4. The operator's Emergency Action Response Plan including "drive-to-maps" from public rights-of way to each drill site. B. The operator shall provide a copy of any "incident reports" or written complaints submitted to the Texas Railroad Commission or any other state or federal agency within 24 hours after the operator has notice of the existence of such reports or complaints. C. Beginning on December 31 St, after each well is completed, and continuing on each December 31 St thereafter until the operator notifies the administrative officer that the well has been abandoned and the site restored, the operator shall prepare a written report to the administrative officer identifying any changes to the information that was included in the application for the applicable Gas or Oil Well permit that have not been previously reported to the City. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code A. If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of a Gas or Oil Well Permit (including any requirement incorporated by reference as part of the permit), the administrative officer shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the alleged failure, the e~ent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than 30 days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator's failure to provide periodic reports. The administrative officer may issue a Stop Work Order under the Fire Code. B. If the operator does not cure the alleged failure within the time specified by the Chapter 3.1, the City Attorney may notify the Texas Railroad Commission and request that the Texas Railroad Commission take appropriate action (with a copy of such notice provided to the operator), and the City may pursue any other remedy available . C. If the operator does not cure the alleged failure within the time specified by Chapter 3.1, the administrative officer may: 1. Recommend to the City Council that the Gas or Oil Well Permit be suspended until the alleged failure is cured; or, 2. If the operator fails to initiate and diligently pursue a cure recommend to the City Council that the Gas or Oil Well Permit be revoked. D. The decision of the administrative officer to recommend suspension or revocation of a Gas or Oil Well Permit shall be provided to the operator in writing at least ten (10) days before any action by the City Council unless the alleged failure present a risk of imminent destruction of property or injury to persons E. If a Gas or Oil Well Permit is revoked, the operator may submit an application a new Gas or Oil Well Permit for the same well. A. The administrative officer is authorized and directed to enforce this Chapter and the provisions of any Gas or Oil Well Permit. Whenever necessary to enforce any provision of this Chapter or a Gas Well Permit, or whenever there is reasonable cause to believe there has been a violation of this Chapter or a Gas or Oil Well Permit, the administrative officer, Fire Marshal, inspector or a##e designated representative, may enter upon any property covered by this Chapter or a Gas or Oil Well Permit at any reasonable time to inspect or perForm any duty imposed by this Chapter. If entry is refused, the City shall have recourse to every remedy provided by law and equity to gain entry. B. It shall be unlawful and an offense for any person to do the following: 1. engage in any activity not permitted by the terms of a Gas or Oil Well Permit issued under this Chapter; 2. fail to comply with any conditions set forth in a Gas or Oil Well Permit issued under this Chapter; 3. violate any provision or requirement set forth underthis Chapter. A. Whenever abandonment occurs pursuant to the requirements of the Texas Railroad Commission, the operator so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this a#isleChapter. B. Abandonment shall be approved by the administrative officer after restoration of the drill site has been accomplished in conformity with the following requirements at the discretion of the administrative officer: 1. The derrick and all appurtenant equipment thereto shall be removed from drill site; 2. All tanks, towers, and other surface installations shall be removed from the drill site; Proposed Amendments to Chapter 3.1, Colleyville Land Development Code 3. All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the Texas Railroad Commission; 4. All holes and depressions shall be filled with clean, compactable soil; 5. All pits shall be drained and removed and the resulting area shall be graded, where necessary, with clean soil to match the surrounding landscape. 6. A final soils analvsis shall be performed per the requirements of Section 145(C)p. 7&. All waste, refuse or waste material shall be removed from the drill site; and 8~. During abandonment, operator shall comply with all applicable sections in this a+~+sleChapter. C. The operator shall furnish the following at the discretion of the administrative officer: 1. A copy of the approval of the Texas Railroad Commission confirming compliance with all abandonment proceedings under the state law; and 2. A notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated. D. All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the Texas Railroad Commission prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well. The provisions of this section shall govern all pipelines used for gathering lines and transmission lines utilized specifically for natural gas and all other petroleum based products as defined in this in chapter. This section shall not apply to distribution lines operated by franchise utilities for service to end users such as residential and business customers. The following regulations shall apply to all pipelines as defined in this chapter: A. No pipeline for the transportation of gas, oil or hydrocarbons shall be constructed or laid except on rights-of- way or easements owned by the owners or operators of wells or third party pipeline companies, or upon designated drilling tracts and upon rights-of-way or easements necessary to connect future wells to present lines. B. In order to install, construct, maintain, repair, replace, modify, remove or operate a pipeline, the pipeline operator must first obtain from the city an easement or license on, over, under, along or across any affected city streets, sidewalks, alleys and other city property. Such easement or license shall continue for as long as pipeline operations continue under any pipeline permit. C. The pipeline operator of any pipeline shall: 1. Not interfere with or damage existing utilities including but not limited to: water, sewer or gas lines, storm drains, electric lines or the facilities of public utilities located on, under or across the course of such right- of-way; and 2. Construct such pipeline or cause same to be constructed out of new pipe; and 3. Grade, level and restore the affected property to the same surface condition, as nearly practicable, as existed before operations were first commenced; and 4. Backfill all trenches and compact such trenches to 95 percent standard density proctor in eight-inch lifts and construct the pipeline so as to maintain a minimum depth of eight feet below the finished grade except in public rights-of-way, where minimum cover to the top of the pipe shall be at least eight feet below the bottom of any adjacent roadside ditch. No public roads may be crossed by open cut. During the backfill of any pipeline excavations, the pipeline operator shall bury "Buried Pipeline" warning tape one foot above any such pipeline to warn future excavators of the presence of a buried pipeline. The issuing administrator may require that sections of proposed pipeline be constructed at deeper depths based upon future city infrastructure needs. The administrator may also require that a proposed or existing pipeline be relocated should it conflict with the proposed alignment and depth of a gravity dependent utility; and Proposed Amendments to Chapter 3.1, Colleyville Land Development Code 5. Construct, repair and/or maintain of all pipelines so as to meet or exceed the applicable minimum criteria established by the statutory or regulatory requirements of the state and federal governments for such pipeline; and 6. Design and construct all pipelines in accordance with this section and the latest standards mandated by the U.S. Department of Transportation (DOT) and railroad commission for pipelines operating within a class 3 location in accordance with 49 CFR 192.111; and 7. Equip all pipelines subject to this section with an automated pressure monitoring system that detects leaks and shuts off any line or any section of line that develops a leak. In lieu of such system, the pipeline operator may have 24-hour pressure monitoring of the pipeline system which provides monitoring of the pipeline within the city limits. Any monitoring system(s) shall be keyed to or required to notify the city's emergency response providers in order to provide them with immediate notice of any leak. D. Construction Hours and Noise: Pipeline construction hours and noise mitiqation should follow best practices that place a premium on keepinq impacts to surroundinq properties and neiqhborhoods to a minimum includinq but not limited to the daytime hours of operations restrictions and noise provisions found elsewhere in this Chapter. ~ G-'-- = Upon approval of a pipeline permit, and prior to the issuance of such permit, the pipeline operator shall deposit with the city, and shall maintain at all times during the continuation of pipeline operations, a fund with the city containing a minimum running balance of $15,000.00 for each pipeline permit application approved. The funds shall be maintained by the city in an interest bearing account from which the city shall reimburse itself for the actual administrative expenses, consulting fees, contracting fees or the funding of inspector position(s). All interest earned shall be credited to the fund balance or refunded to the operator if and when the minimum balance is achieved. The city shall invoice and notify the pipeline operator, in writing, of any deduction from the application fund, and, within 15 days of receipt thereof, the pipeline operator shall pay to the city, for deposit into the application fund, the amount necessary to return the balance to $15,000.00. The pipeline operator may appeal any charge assessed against the fund by filing an appeal as provided in this ~ a+t+sleChapter. If the pipeline operator fails to maintain the fund as required by this section, such failure shall constitute a violation of this article, and the administrator may suspend or revoke the pipeline permit and the ~ city may pursue all remedies provided in this a+t+s4eChapter for such violation. If the pipeline subject to the pipeline permit is disconnected from all sources or supplies of gas, hazardous liquids and chemicals and capped or sealed at the ends and/or removed in accordance with the provisions of this section, and any required site remediation completed, following final inspection and approval by the city, and fulfillment by the ~ pipeline operator of all of pipeline operator's obligations under this a+t+E4eChapter, the city shall return any remaining account balance to the operator or the operator's approved assign. ~~:- - The pipeline operator shall give notice 72 hours prior to the commencement of pipeline construction to all residents and operators of habitable structures that are located within 1,000 feet of the proposed centerline of the pipeline. ~~:= _ Within 60 days after completion of pipeline construction the pipeline operator shall provide the city with as-built or record drawings of the pipelines. Accuracy of the record drawings shall meet a survey level of one foot to 50,000 feet. The scale of the record drawings shall be a minimum of one inch to 40 feet. The drawings shall also be supplied in a DFF digital file format with the location tied to at least one nearby GPS (global positioning system) city monument. If the new pipeline length exceeds 1,000 feet within the city, the pipeline shall be tied to at least two GPS city monuments. H_A preconstruction conference with the development review committee shall be required prior to the commencement of pipeline construction. =~},l, Anv above qround appurtenance, faciltv, valve, iunction or structure related to a pipeline as defined in this Section shall require the approval of a Special Use Permit by the Citv Council per the requirements of this Chapter. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code A. At least 45 days prior to the scheduled commencement of the installation, construction, reconstruction, reworking, modification, replacement or operation of a new pipeline, the pipeline operator shall submit an application and pay a fee in the amount set in the city's fee schedule for a pipeline permit to the city. B. City Council approval required: Any pipeline permit shall require final approval by the City Council prior to commencement of pipeline construction. C. A pipeline permit application shall meet the following requirements: Any applications for a new pipeline or other activities regulated by this Section shall be submitted to the city on a form prescribed by the city; and Each application for a pipeline permit shall be accompanied by five paper sets and one electronic set of plans showing the dimensions and locations of the pipeline and related items or facilities within the subject right-of-way or easement, as well as all proposed lift stations, pumps or other service structures related to such pipeline and the location, type and size of all existing utilities, drainage, right-of-way and roadway improvements. The plans must additionally show the elevation and location of all known public utilities within 15 feet of the centerline of the proposed pipeline. Any application that fails to meet these requirements will be returned unfiled to the applicant; and Within 30 days after the date of filing of said application and plans, the city shall send notice to the applicant as to whether the application will be scheduled for City Council consideration and the total charge due. If the application is rejected, reasons for rejection of the application shall be provided in writing. D. The following information shall be provided in the application for a pipeline permit: 1. The name, business addresses and telephone numbers of the pipeline operator; and 2. The names, titles and telephone numbers of the following: a. The person signing the application on behalf of the pipeline operator; and b. The person designated as the principal contact for the submittal; and c. The person designated as the 24-hour emergency contact; and 3. The origin point and the destination of the proposed subject pipeline; and 4. A te~ description of the general location of the proposed subject pipeline; and 5. A description of the substance to be transported through the proposed subject pipeline; and 6. A copy of the substance material safety data sheet (MSDS); and 7. The maximum allowable operating pressure on the proposed subject pipeline, along with the specified minimum yield strength (SMYS) of the pipe, its pressure class and design calculations in accordance with 49 CFR 192.105, assuming a class 3 or better location; and 8. The normal operating pressure range of the proposed subject pipeline, not to exceed the maximum allowable operating pressure as designated above; and 9. Engineering plans, drawings and/or maps with summarized specifications showing the horizontal location, covering depths and location of shutoff valves of the proposed subject pipeline. (The location of shutoff valves must be known in order for emergency responders to clear area for access valves.) To the extent that information can be obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within 15 feet of the proposed subject pipeline right-of- way; and 10. A description of the consideration given to matters of public safety and the avoidance, as far as practicable, of existing habitable structures and congregated areas; and 11. Detailed cross section drawings for all public street right-of-way and easement crossings; and 12. Methods to be used to prevent both internal and external corrosion; and 13. A binder or certificates of all bonds and insurance as required under this division; and 14. All application materials required pursuant to the city's tree preservation ordinance, as it may be amended, including a tree survey measured from the outer edge of any improvements, construction Proposed Amendments to Chapter 3.1, Colleyville Land Development Code areas, development, equipment, materials, temporary roads, access easements and/or built structures, extending 25 feet, without regard to intervening structures or objects; and 15. A proposed alignment strip map showing name and address of all affected property owners; and 16. A site plan showing the location of such pipeline conforming to the city's standards for site plans, pursuant to Section 3.31 of the Land Development Code. E. Permit review process and procedures. No pipeline permit shall be approved or issued if the proposed activities do not fully conform to all provisions of this a+~4eChapter and all other applicable city ordinances, state and federal law. No pipeline permit may be issued unless and until a specific use permit is approved by the city council for the well or wells within the city intended to be served by such pipeline. All requirements for a pipeline permit as provided in this Section must be completed by the pipeline operator prior to any pipeline permit being considered as being administratively complete. Any application submitted that is determined to be administratively incomplete shall be returned to the pipeline operator within ten business days of the submittal date along with a letter documenting the deficiencies of the application, if any. Within 30 days after the date of presentation of said application and plans, the administrator shall send notice to the applicant as to whether the application will be scheduled for City Council consideration and the total charge due. If the application is rejected as incomplete, the administrator shall provide the reasons for rejection of the application in writing. After the filing of an administratively complete application, an administrative conference may be conducted to seek resolution of any substantive, non-resolvable technical issues. The conference shall be conducted with the development review committee. The costs associated with the technical advisor shall be borne by the pipeline operator. A quorum of at least three members must be present, and at least one of the members present at the conference must have emergency management expertise in order to conduct a conference. Any decision by the development review committee is final. If the development review committee determines that the city should obtain an independent study or analysis of an application to construct a new pipeline, upon approval by the city council, the city shall engage duly qualified independent consultant(s) or contractor(s) to conduct such special studies or analyses as required to fully evaluate and act upon an application for a new pipeline. The actual cost for said consultant or contractor, including the cost of any inspections deemed necessary by the development review committee or otherwise required by this division, shall be paid by the pipeline operator, and may be billed directly to the pipeline operator's fund balance established pursuant to this subdivision. Following completion of the review process described herein, the administrator shall schedule the permit for City Council approval, or deny the application as incomplete. If the application is rejected, the administrator shall provide the reasons for rejection of the application in writing. Any change in service of a pipeline not previously addressed by this section to gas, hazardous liquid or chemical service as a pipeline must be reviewed in accordance with the new pipeline review procedure outlined herein, as if it were a new pipeline. If construction of a pipeline has not commenced within six months of the date of issuance of the pipeline permit, or if the pipeline has not been completed and the surface restored within one year, the pipeline permit shall expire; provided, however, that the administrative officer may grant an extension of time not to exceed one year if the administrative officer determines that weather or other unexpected physical conditions justify such an extension. If the pipeline permit expires as provided herein, and construction of the subject pipeline has commenced but has not yet been completed, the pipeline operator shall immediately cease construction but shall complete any site remediation required by this section or other applicable law, regulation or ordinance. F. Pipeline information reporting requirements. Each pipeline operator subject to this section shall provide to the administrative officer the names, mailing addresses and telephone numbers of at least two primary persons, officers or contacts Proposed Amendments to Chapter 3.1, Colleyville Land Development Code available on a 24-hour basis and at least two alternative persons, officers or contacts to be reached in the event the primary contacts are unavailable who: a. Can initiate appropriate actions to respond to an emergency; and b. Have access to information on the location of the closest shutoff valve to any specific point in the city; and c. Can furnish the common name of the material then being carried by the pipeline. Any change in the above-referenced contact information must be provided to the city by contacting the inspector prior to such change. 2. Every pipeline operator subject to this section shall be required to present to the city a safety report and file with the city an annual verified safety report in letter form on or before the anniversary date of the approval of the permit(s) and each year thereafter for the preceding 12 month period. Said written safety report shall contain the following information: a. A statement that the pipeline has no outstanding safety violations as determined in an inspection or audit by either the railroad commission and/or the U.S. Department of Transportation with regard to any pipeline operating within the city. Alternatively, if there are any safety violations as determined by the railroad commission and/or the U.S. Department of Transportation that have not been corrected, these shall be described to the city with an action plan to correct the safety violations. Said action plan shall include a timeline for corrective action and the individual or firm responsible for each action; and b. Evidence that the pipeline operator has current liability insurance as required by this section; and c. A statement that the pipeline information specified in subsection (a) of this section is correct. Alternatively, in the event that the required information on file with the city is no longer correct, updated or corrected information shall be submitted within five days of the change and the updated information shall be submitted with the annual safety report; and d. If the pipeline operator has no reporting responsibility to the railroad commission or the U.S. Department of Transportation and is otherwise exempt from the safety regulations of either of such agencies, the following documents pertaining to the preceding reporting period of June 1 through May 31: i. Copies of internal reports of responses to pipeline emergencies, as pipeline emergency is defined in this a+t+~4eChapter; and ii. Current operations and maintenance logs; and iii. Current emergency action plan. e. A log of all the maintenance and monitoring activities conducted on all lines subject to this division for the reporting period shall be made available upon request. The actual administrative costs incurred by the city in reviewing the annual safety letter shall be billed directly to the pipeline operator's fund balance established pursuant to this section. Each pipeline operator subject to this section shall file a copy of all initial or follow-up reports provided to the U.S. Department of Transportation or the railroad commission on unsafe pipeline conditions, pipeline emergencies or pipeline incidents within the city concurrently with the city. In addition, such pipeline operator shall file any initial or follow-up reports filed with state and federal environmental regulatory agencies pertaining to pipeline releases within the city concurrently with the city. Upon written request, each pipeline operator subject to this section shall make available during normal business hours and at the pipeline operator's local office, documents for review that are required for submittal to or to be maintained on file for the U.S. Department of Transportation and the railroad commission, including but not limited to the following: a. Operations and maintenance records; and b. Employee training records; and Proposed Amendments to Chapter 3.1, Colleyville Land Development Code c. Annual inspection reports; and d. Repair records; and e. Operating records; and f. Insurance records. G. Inactive and idled pipelines. A pipeline operator subject to this section shall maintain and keep current all reporting records specified in this section on all pipelines, regardless of whether such pipelines are inactive or idled; and A pipeline operator subject to this section shall purge any inactive pipelines of gas, hazardous liquids, and chemicals, and physically isolate such pipeline if such action does not adversely affect the pipeline operator's right-of-way easement and does not prevent the pipeline operator from maintaining the physical integrity of the pipeline. A pipeline operator subject to this section shall maintain any inactive pipelines to prevent deterioration; and If a pipeline is physically isolated as provided herein, a pipeline operator subject to this section shall include the means used to physically isolate the inactive pipeline in the information retained on file with the city for reporting. The following regulations shall apply to idled pipelines: a. If a pipeline is idled, a pipeline operator subject to this section shall make an entry to the required reporting records as required in this section that the pipeline has been idled; and b. If a pipeline is idled, a pipeline operator subject to this section shall purge and disconnect such pipeline from all sources or supplies of gas, hazardous liquids and chemicals, and cap or seal such pipeline at the ends; and c. Reactivation of idled pipelines shall require notification to the city pursuant to the standards and requirements specified in this section. Reactivation shall require pressure testing for integrity and compliance with railroad commission and/or U.S. Department of Transportation regulations. H. Emergency response plans and emergency incident reporting. Each pipeline operator subject to this section shall maintain written procedures to minimize the hazards resulting from an emergency. These procedures shall at a minimum provide for the following: a. Prompt and effective response to emergencies, including but not limited to the following: i. Leaks or releases that can impact public health, safety or welfare; and ii. Fire or explosions at or in the vicinity of a pipeline or pipeline easement; and iii. Natural disasters; and b. Effective means to notify and communicate required and pertinent information to local fire, police and public officials during an emergency; and c. The availability of personnel, equipment, tools and materials as necessary at the scene of an emergency; and d. Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment; and e. Emergency shut down and pressure reduction of a pipeline; and f. The safe restoration of service following an emergency or incident; and g. A follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures. Each pipeline operator subject to this section shall meet annually with the administrative officer fire marshal to review emergency response plans. These reviews shall be in accord with U.S. Department of Transportation and railroad commission requirements and the pipeline operator will do the following: Proposed Amendments to Chapter 3.1, Colleyville Land Development Code a. Furnish or update a copy of the emergency response plan described in subsection (a) of this section; and b. Review the responsibilities of each governmental organization in response to an emergency or incident; and c. Review the capabilities of the pipeline operator to respond to an emergency or incident; and d. Identify the types of emergencies or incidents that will result in or require contacting the city; and e. Plan mutual activities that the city and the pipeline operator can engage in to minimize risks associated with pipeline operation; and f. The city shall provide the pipeline operator with a list of additional contacts that shall be made in the event of a pipeline emergency or incident. The city will inform the pipeline operator of the emergency response groups that will be contacted through 911. 3. Upon discovery of a pipeline emergency or incident, any affected pipeline operator subject to this section shall as soon as practical communicate to the city the following information: a. A general description of the emergency or incident; and b. The location of the emergency or incident; and c. The name and telephone number of the person reporting the emergency or incident; and d. The name of the pipeline operator; and e. Whether or not any hazardous material is involved and identification of the hazardous material so involved; and f. Any other information as requested by the emergency dispatcher or other such official at the time of reporting the emergency or incident. 4. Upon discovery of a pipeline emergency or incident, a pipeline operator subject to this section shall contact any other emergency response groups that are necessary that may not be activated through the county 911 system. 5. Upon discovery of a pipeline emergency or incident, a pipeline operator subject to this section shall contact the fire department within 48 hours after the discovery of any pipeline emergency. 6. Notwithstanding any provision in this division, each pipeline operator subject to this section shall equip and maintain any pipeline containing natural gas which contains hydrogen sulfide in concentrations of more than 100 parts per 1,000,000,000 with an audible alarm system that will provide an alarm to the general public in the event of a leak from any pipeline, gathering or flow line subject to this division. Said audible alarm system shall be of a type and design approved by the city. 7. Within two years of the effective date of the pipeline permit and every two years thereafter, each pipeline operator subject to this section shall, at the request of the administrative officer, conduct an on-site, emergency drill that includes, but shall not be limited to, the personnel operating the pipeline, local law enforcement personnel and officials of the city. 8. Notwithstanding the foregoing, a pipeline operator subject to this section shall report all incidents involving well safety or integrity that do not rise to the level of a pipeline emergency to the city by completing an incident report on forms prepared by the city. Incident reports must be filed by the pipeline operator within 24 hours of discovering the incident. Pipeline repairs and maintenance. All repairs and maintenance of pipelines are to be performed in accordance with U.S. Department of Transportation and railroad commission mechanical integrity requirements. If non-emergency repairs necessitate excavation of a pipeline, the pipeline operator shall send notification to occupants of business establishments and residential dwellings located within 500 feet from the centerline of the pipeline to be excavated at least five days prior to commencing such repairs. If above-ground non-emergency repairs that are not routine maintenance are required, the pipeline operator shall send notification to occupants of businesses and residential dwellings located within 500 feet from the centerline of the pipeline section to be repaired at least five days prior to commencing such repairs. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code 4. The notice required in subsections (2) and (3) of this section shall be sent by U.S. regular mail, postage prepaid mailed at least five days prior to commencing any non-emergency repair; provided, however, that the pipeline operator may use hand delivery notice as an alternative, at the pipeline operator's discretion. 5. Inspection of the interior of all pipelines shall comply with U.S. Department of Transportation and railroad commission rules. No assumption of responsibility by city. Nothing in this section shall be construed as an assumption by the city of any responsibility of a pipeline operator of a pipeline not owned by the city, and no city officer, employee or agent shall have authority to relieve a pipeline operator from their responsibility under this section or by any other law, ordinance or resolution. K. Protection and painting of structures. A pipeline operator subject to this section shall keep protected and painted all pipeline risers and all appurtenances related to pipeline construction and operations which are composed of materials which are generally protected or painted. Such operator shall repaint all such items at sufficiently frequent intervals to maintain same in good condition. It shall be a violation of this a+t+s~eChapter for any pipeline operator subject to this section to permit any pipeline riser and/or appurtenances related to pipeline construction and operations to be in a state of disrepair or to have chipped, peeling or unpainted portions thereof. L. No implied grant of easement for street and right-of-way use. In the event a pipeline is placed within any public right-of-way under the jurisdiction of the city, the pipeline operator shall comply with all right-of-way use regulations as provided in the Land Development Code and Code of Ordinances. Nothing in this section grants permission for the use of any street, right-of-way or property of the city, and any such use shall be subject to the city at its sole discretion. To the extent that the provisions of this section conflict with the city's right-of-way use regulations, this section shall control. M. Bond and insurance required. In the event that a pipeline permit is issued for a pipeline or other operations under this section, no actual operation shall be commenced until the pipeline operator files with the city secretary a bond and a certificate of insurance as follows: No person shall begin the construction or operation of any pipeline until such person has obtained a valid permit and filed with the city secretary a duly executed bond executed by the pipeline operator as principal with an A.M. Best "A" rated surety company that is acceptable to the city and is licensed to conduct business in the state as surety, payable to the city and the policy shall name the city as an additional insured and such surety company shall maintain an A.M. Best "A" rating for the policy period. Said bond shall include conditions that the pipeline operator, its heirs, assigns and successors will do the following: i. Comply with the terms and conditions of the application and this section in the construction, operation and maintenance of the pipeline and related structure(s); and ii. Restore all streets and sidewalks and all other public places and all public utilities that may be injured or damaged in the operation to their former condition; and iii. Remove all litter, machinery, buildings, trash and waste used, accumulated or allowed in the construction of any pipeline within ten days of the completion of said construction; and iv. Remove all litter, machinery, buildings, trash and waste used, accumulated or allowed in the operation of any pipeline within ten days of the completion of said operations. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code b. Such bond shall be in the sum of $1,000,000.00 and before the pipeline permit shall be issued, the bond must be approved by the city and filed with the city secretary. Such bond shall become effective upon the granting of the pipeline permit and shall remain in full force and effect until all work under the terms of such pipeline permit has been completed. Such bond may later be amended to include other pipelines, under provisions of other applications or other permits. c. In addition to the bond required in subsection (a) above of this section, each person desiring to construct a pipeline or to conduct any other work under the provisions of this section shall be required to carry public liability insurance with a carrier rated "A" or better by A.M. Best in a minimum amount of $1,000,000.00 for one person and $5,000,000.00 for one accident and property damage insurance in the amount of $10,000,000.00 for one accident, which shall remain in full force and effect and be carried so long as such pipeline is operated. A certificate of insurance shall be furnished annually by the permittee or the subsequent pipeline operator showing that such insurance is and continues in effect. d. Each pipeline operator subject to this section shall provide and maintain in full force and effect during the term of its permit insurance with the following minimum limits: i. Worker's compensation at statutory limits; and ii. Employer's liability, including bodily injury by accident and by disease, for $500,000.00 combined single limit per occurrence and a 12-month aggregate policy limit of $1,000,000.00; and iii. Commercial general liability coverage, including blanket contractual liability, products and completed operations, personal injury, bodily injury, broad form property damage, operations hazard, pollution, explosion, collapse and underground hazards for $5,000,000.00 per occurrence and a 12-month aggregate policy limit of $10,000,000.00; and iv. Automobile liability insurance (for automobiles used by the pipeline operator in the course of its perFormance under the pipeline permit, including employer's non-ownership and hired auto coverage) for $2,000,000.00 combined single limit per occurrence. 2. The city may adjust the above minimum liability limits every five years during the term of the pipeline permit, or sooner as determined by city council, to compensate for the effects of inflation and with the objective to reestablish the value of coverage required as of the effective date of this division. 3. Each policy or an endorsement thereto, except those for worker's compensation and employer's liability, shall name the city and its officers, officials, employees, successors and assigns as additional insured parties, but limited to risks indemnified pursuant to this division. If any such policy is written as "claims made" coverage and the city is required to be carried as an additional insured, then the pipeline operator subject to this section shall purchase policy period extensions so as to provide coverage to the city for a period of at least two years after the last date that the pipeline permit is in effect. No deductible shall exceed ten percent of the minimum limits of liability or one percent of the consolidated net worth of such pipeline operator and its permitted affiliates, whichever is greater. 4. Each pipeline operator subject to this section shall assume and bear any claims or losses to the extent of deductible amounts and waives any claim it may ever have for the same against the city and its officers, officials, employees, successors and assigns in respect of any covered event. 5. All such policies and certificates shall contain an agreement that the insurer shall notify the city in writing not less than 30 days before any material change, reduction in coverage or cancellation of any policy. Each pipeline operator subject to this section shall give written notice to the city within five days of the date upon which total claims by any party against such pipeline operator reduce the aggregate amount of coverage below the amounts required by the pipeline permit. 6. Each policy must contain an endorsement to the effect that the insurer waives any claim or right in the nature of subrogation to recover against the city, its officers, officials, employees, successors and assigns. 7. Each policy must contain an endorsement that such policy is primary insurance to any other insurance available to the city as an additional insured with respect to claims arising there under. Proposed Amendments to Chapter 3.1, Colleyville Land Development Code The city council may modify the requirements of this section, as it deems appropriate, in order to account for the risk and possible threat to the public health, safety and general welfare posed by the operation of pipelines within the city. N. Pipeline markers. In accordance with U.S. Department of Transportation and railroad commission requirements, each pipeline operator subject to this subdivision shall place and maintain permanent line markers as close as practical over the regulated pipeline(s) at each crossing of a public street, utility easement and railroad. Marker(s) shall also be maintained along each regulated pipeline that is located above ground in an area accessible to the public. The markers shall be of permanent type construction and contain labeling identifying the: a. Pipeline operator; and b. Twenty-four-hour contact telephone number; and c. A general description of the product transported in the pipeline; i.e., natural gas, oil, petroleum. No person shall tamper with, deface, damage or remove any pipeline marker, except the pipeline operator; and Upon written request of the owner of real property on which a habitable structure is located and through which a regulated pipeline traverses, the pipeline operator shall install temporary pipeline markers or flagging to reduce the possibility of pipeline damage or interference, in accordance with this division. The material, design, color, size and content of each line marker shall subject to all applicable State and Federal requlations. ~ . O. Termination of permit. Any violation of the provisions of any or all sections of this section shall be grounds for the termination of any pipeline permit. The termination of any pipeline permit shall require the immediate cessation of all operations subject to such pipeline permit and shall require the pipeline operator subject to this subdivision to reapply for a new pipeline permit in full accordance with the provisions of this Section. A. A separate seismic survey permit shall be required for all seismic surveys. The operator conducting the seismic survey shall complete and submit a seismic survey application to the city containing, at a minimum, the following information: Operator name, phone number, facsimile transmission number, address, and, if available, email address; and If the operator is a corporation or other non-corporeal entity, the state of incorporation or organization; or if the operator is a partnership, the names and addresses of the general partners; and Location of seismic survey; and Date and time the seismic survey will be conducted; and Detailed explanation of the seismic survey method to be used on site; and Date and time the seismic survey will be completed; and Identification of all staging areas; and Evidence or documentation that the activity will adhere to the requirements of the city's tree preservation ordinance, found in Chapter 5 of the Land Development Code. B. Under no circumstances may explosive charges, including but not limited to the use of dynamite, be used to conduct a seismic survey. In addition, the seismic survey activity shall be conducted in accordance with Proposed Amendments to Chapter 3.1, Colleyville Land Development Code all applicable city ordinances. There shall be no nuisance created by any seismic survey with regard to noise or vibration. C. A fee in the amount set in the city's fee schedule must accompany each seismic survey permit application. D. No seismic activitv shall be permitted on citv-owned propertv without the express consent of, and pursuant to the conditions established bv, the Citv Council. E. No seismic activitv shall be permitted within Citv owned riqhts of wav or utilitv easements without first enterinq into a license aqreement with the City, prepared by the City Public Works Department. F. Proof of insurance in the form of a standard commercial qeneral liabilitv insurance bond shall be required. This coverape must include premises, operation, products, completed operations, sudden or accidental pollution, blanket contractual liability, broad form propertV damaqe, independent contractors' protective liabilitv and personal iniurv. This coveraqe shall be a minimum combined sinqle limit of one million dollars ($1,000,000) per occurrence location for bodilv iniurv and propertv damaqe. G. A detailed map showinq the locations of all vibration and qeophone points shall be provided prior to permit issuance. H. A road repair aqreement obliqatinq the seismic operator to fund the repair of anv damaqe caused bv the operator to Citv infrastructure mav be required bv the Public Works Director as a condition of permit approval. Ord. Number Date Sub'ect 0-06-1569 04-04-2006 Adoption of Chapter 3.1 Oil and Gas Drilling Regulations 0-06-1578 07-05-2006 Permit Fees, Ins ections and Water Usa e 0-08-1693 09-16-2008 Language Amendments, Required Site Plan Information, Standards for Oil and Gas Well Drilling and Production, Gas or Oil Well Permit A roval 0-10-1778 11-03-2010 Addition of: definitions, pipeline regulations and permitting procedures, comprehensive environmental standards, seismic survey provisions, phasing provisions. Amendments to: noise, landscaping, notification requirements, setback, liability and indemnification amounts and fence standards. Permit fees amended and added to Code of Ordinances 0-11-xxxx 12-20-2011 Addition of qreen completion standards, modifications to noise standards, indemnification requirements. environmental standards, definitions, water usa e. Gas Well Setbacks Jul 2011 DISTANCE PROTECTED DISTANCE DISTANCE DISTANCE DISTANCE CITY USE VARIOUS VARIOUS VARIOUS VARIOUS RE SIDENTIAL Arg~le 600 (Amendment 300 feet from 300 feet froin a 300 feet fioin 500 feet from 800) feet from residential place of pi~blic oi~ter boi~ndai~- an~ fiesh ~~ ater residential strnch~re strnch~re assembl` line (Changed in ~~ell, cemeter~T, (nuneral and sm-face (nuneral and (School setback ainendinent to storage taiil~, not the same). 300 sui~face o~~ ner of 1,000 feet oi~ter propei~- soi~rce of ~f~1ll0llC~lllOllt ~~0~ Sc11ll0~ 7C~C~0C~ 111 IlllO~ lbllltlOll feet «ith ~~ aieer. amendment) Barton~-ille (B~- right) No Accesson- Wellhead umst Accessoiti~ Storage taiil~s 1~.30.3 residential strnch~re, shl~ch~res mi~st be at least 75 buildings (for nmst be located place of assembl~~, be 200 feet from feet froni the ~ti e11 operations) at least ~0 feet cln~rcl~. hospital or ~vellhead. pnblic right-of- mi~st be100 feet froin the pi~blic or pri~~ate (Propern o~tiner ~tia~~ from the propei~° line and school eiists no ina~~ agree to ~ti ellhead and all at least 75 feet closer than 600 feet closer). storage taiil~s. froin the pi~blic froin the ~~ell and Accesson right-of-~~a~ conipressor buildings 100 Conditional nk~~- be feet fiom anv allo~ti ed to go do~~ n residential to 2~0 feet strncture, place of assembl~ , cliurcl~. hospital orschool Bedford 79- 600 feet fioin an~- 1000 feet from a 100 feet from 500 feet from 75 feet fiom ~6(b) pi~blic parl~, school gas "ell ~` ell oi~ter boi~ndary° residence, chi~rcl~. accessoi~- of ~~ell site, or an pi~blic bi~ilding, Ut~ildiug igiution source, hospital, or from street or couunercial, or right-of-~~ a~ bi~ilding i~sed, or desigued and intended to be used, for ln~man occi~panc~ . No ~~ ai~ er. Colle~~°ille 1,000 feet froin a ~00 feet from 100 feet froin Tai~ batteries, 3.1-100 park, residence, tai~l~, soi~rce of an~~ bnilding other equipment religions instih~tion, potential needed for 1000 feet pi~blic Unilding, igiution, ROW operation of hospital, school, or street ~~ e11 stnacture designed or intended for huinan habitation. Allo~~ s for ~~ ai~~ers to 300 feet "i~i~less appro~~ed b~~ Cin- Coi~ncil." Corinth witlun 600 feet fiom 200 feet fiom 200 feet from 75 feet fiom an~ protected use: any° bi~ilding the oi~ter sheet or ROW ho~~ e~-er, the accessory to the bonndan 1ine, or propei~- line distance rna~~ be ~~ ell any source of redi~ced to 300 feet igiution or ~~ ith ~a ritten "ater ~vell approval of the protected use propei~~ o~tiners Denton Gas ~~ e11 b~~ right (in No drilling in No drilling certain distiicts) 100 ~•ear flood ~tiitlun 250 feet ~~ hen the ~~ ell is at ~~ a~ , or ~~ itlun of an e~isting least ~00 feet frorn 1,200 feet of the fresh ~ti ater ~~ e11 residence, place of flood pool intended for assembl~ , schools. ele~ation domestic iise Variance tluough SUP. Flo~i-er Cannot be ~tiitlun At least 750 Witlun 1,500 At least L500 At least 500 feet Moimd 3- 1,~00 feet from any feet fiom any feet from an~- feet from from an~- ~22 anc13- residence (3~- recorded public parl~; or propeit~° line: or elisting storage ~20 ~22(d)(1)b - p.3~). propert~ line. ~tiitlun 1,500 from an~~ fiesh- taiil~ or potential 1,~00 feet fiom an~~ Where coimnon feet from the ~ti ater i~ ell. 750 soi~rce of habitaUle strnchue siu-face and uro~ei~- line of feet from any igiution or fioin (~~~-~22(d)(1)d. - inineral an~~ religioi~s pi~blic street or any street right- p.35) o~~nerstup esists instih~tior~. ROW. of-~~a~~.. for tracts, no pnblic bnilding, All distances in 3~- ~ ariance shall hospital ~22(d)(1) may° be be required for building or redi~ced by 25% if a such propei~-. school ~~ariance is recei~-ed (3~-~22 (d)(1)e from the oil and gas - p. 3~) board of adji~stinent. Fort Worth 600 feet fiom Wells mi~st be 25 feet fiom 200 feet fiom a 300 feet fiom a Chapter 1>; protected use. 75 feet from the any storage fresh ~~ ater ~~ ell propeit~° line or a section 1~- Applicant ma~ pad site tai~li, or soi~rce not drilled by° distance nunus 3-4 obtain a~~ariance boundary and of igiution or the operator the required from the Cin- or 75 feet froin the 100 feet of an~~ ~ti ithout the zoiung setbacl~ ~~ ai~-ers fiom all street, or right- building ~~ ritten of the acljacent protected use o~tiners of-~tiay (fi~hire accessoi~~ to, pernussion of propeit~° ~~ itlun 600 feet. or ciurent), or but not the o~~ ner of the Waiver may bring froin the necessary for ~~ ater ~a e11 or at distance to 300 feet. propeit~ line or the operation of least 200 feet the nearest rail the ~tiell fiom a l~~bitable of a rail~~a~ strnctnre Grapevine 1,000 feet from an~ Other bi~ildings 1,000 feet from 500 feet from 200 feet fiom residence, religions - 300 feet ~00 any pi~blic parl~: an~~ e~isting sheet or ROW or instih~rioi~, pnblic feet of any lease 1,000 feet from starage tai~, or 100 feet fiom bi~ilding, hospital line on Railroad ~a ater ~~ e11. 200 soi~rce of accessoiy bi~ilding or school. Conuiussion feet from potential bi~ilding needed Distances ina~ be Farm W.1, floodplain. If igiution for ~~ell redi~ced b~ Cin storage tai~l~, ar ti~ itlun 775 feet operarion Coi~ncil, bt~t not less sot~rce of of an~ sm~ace than 300 feet. potential ~ti ater i~iution conveyauce, applicant mnst coinplete a flood sti~d` to be appro~~ed by~ Cin Engineer Hurst 12- 600 feet fiom anv 100 feet of anv 300 feet to anv 75 feet of an~- 25 feet from anv ~56 pi~blic parli or fioin bi~ilding potable ~vater public street, storage taiili, or an~ residence, accessoi~ to, but ~~ell road, luglma~ or soiuce of chi~rcl~. public not uecessaiti~ to fiihue street, igiution bnilding, hospital, the operation of right-of-~~ a~- or school, cluld care or the ~~ e11 propeit~~ line bnildin~ for hnman occnpanc~ . Ma~ be lo~~ ered ~~ ith ~ ariance to 300 feet. Keller 600 feet fiom an~- 300 feet from 200 feet froin 7~ feet of an~~ 100 feet of an~~ 10-ll20(c) protected i~se. Ma~ any° pi~blic an~ l~bitable pi~blic street, bi~ilding be redt~ced to ~00 bi~ilding or feet strnch~re or an~~ road, lugh~ti a~ , accessoi~- to, bi~t feet ~ti ith ~vaiver from a properry fiesh ~vater ~ti e11 fiihue street not necessai~ to from Cit~- Coi~ncil or line or 300 feet not drilled b~~ right-of-~ ay, the opeiation of signah~res from nuni~s the the operator fiihue rights-of the ~tiell or 25 neighbors. Ma~~ be reqi~ired zoiung ~ti ithoi~t ~ti ritten ~va~-, or the feet from vi~~ redi~ced to 300 feet setbacl~ of the pernussion nearest rail of an storage taiili, or ~~ ith ~ti aiver froin acljacent fiom ~ti e11 opeiaring soi~rce of Cin~ Coi~ncil and property~ otiti ner or 200 rail~va~ or fiom ib ution from neighbors. feet from a the oi~ter propei~~ line, boimdai~- of a ui~less o~tined pad site to the b~ the operator. opeiator's The distance propei~° line ma~~ be reduced to 100 feet bv cit~ coi~ncil Lewis~-ille, 500 feet fiom a 200 feet froin a 100 feet to an 2~ feet fiom 75 feet from Tesas protected strnctnre, ~~ ater „ell accessory oi~ter bonndaiy street right-of- 7-607(D) may- recei~, e~ti~ai~, er strnchue line or storage ~~~ay° or public to 300 feet (foi7nerly~ taiili or source of propei~° line 200) 3/4 ~~ote of igiution. Tai~lis Council and must be 100 feet i~naiumous consent from a protected of nei~hbors) strncture Southlal~e 1000 feet fiom Moratorii~m Testing of fiesh ~'~-~~~~~~ center to habitable eltended to ~tiater ti~-ells shlichue, pi~blic or No~-ember 1~, ~~ itlun 2,000 p. , in ate school or ~011. feet hospital. Variance is allo~~ ed ~~ ith 3/4 ~ ote. Did not see nuiumnin for ~~ariance. (.9.5-2~2) Westlake 1,000 feet fiom all -~00 feet from all Taiil~s 50 feet 56-38 protected t~ses. acljacent fioin street (but Processes elist to piopei~~ lines ~ less than 100 lo~~er to either 600 ~lld light-of- feet ina~ reqnire feet or 300 feet. ~j ay lines installation of bariiers) Summary: 500 feet - 2 cities (Lewisville and Denton) 600 feet - 7 cities (Argyle, Bartonville, Bedford, Corinth, Fort Worth, Hurst, Keller) 1,000 feet - 4 cities (Colleyville, Grapevine, Southlake, Westlake) 1,500 feet -1 city (Flower Mound) 14 cities Total H:'~~~ ~r~-1e`~Cr<is ~"ell Setbacks Jt~l~~ 2011.doc ~'~Y~;~ City of Colleyville CityHall CC}LLEYVILLE C~ty CQU~"'~C~~ 100 Main Street Colleyville, Texas 76034 1, F~ a s Agenda Briefing www.colleyville.com Agenda Number PC-3 Agenda Date 11/01/2011 Type Pre Council Denartment Citv Manaaer Title Update of five year utility rate plan Explanation Trinity River Authority (TRA) is the sole provider of the City's treated water and sewer. As a part of the FY 2012 budget discussion, staff informed the City Council a rate increase would be necessary in the event TRA's FY 2012 rates were greater than those in the City's current rate structure. The major cost component of the Utility Fund is the treated water and sewer purchased from TRA at 63 percent of the FY 2012 budget. Currently, TRA charges the City $2.32 per 1,000 gallons for treated water and $1.63 per 1,000 gallons for treated sewer. Over the next five years, TRA projects the cost for treated water to increase to $2.74 per 1,000 gallons and the cost for treated sewer to increase to $2.38 per 1,000 gallons, an increase of $0.42 and $0.75, respectively over current rates. Per TRA, these increases are projected to cover forecasted increased costs for the purchase of raw water, chemicals and debt service for future proposed debt issuances to fund federal environmental mandates and replacement of aging infrastructure. TRA's FY 2012 budget will go into effect on December 1, 2011. The FY 2012 TRA rate per 1,000 gallons for treated water is $2.53 and the rate per 1,000 gallons for treated sewer is $1.71. This is an increase of $0.21 and $0.08, respectively, over the FY 2011 rates of $2.32 for water and $1.63 for sewer The FY 2011 TRA rates are those upon which the City's current water and sewer rate structure is based. Exhibit "A" is a five year projection of utility fund expenses and coverage ratios for FY 2012-2016 under the current rate structure. Due to the current and future TRA rate increases, the current water and sewer rates do not meet the required debt coverage ratio of 1.20 or the debt coverage ratio needed for the approved Capital Improvement Program (CIP). For FY 2012, the projected debt coverage ratio is 0.65 with current water and sewer rates and does not meet the 1.20 debt coverage ratio required by utility bond covenants. When the debt coverage ratio is not met, the rating agencies can downgrade the ratings on existing revenue bonds and future bonds cannot be sold until the coverage ratio is met. In order to meet the required debt coverage ratio, a pass through water rate adjustment of $0.21 per thousand and a sewer rate adjustment of $0.08 per thousand is needed for FY 2012. Exhibit "B" is a five year projection of utility fund expenses and coverage ratios for FY City Council Agenda Briefing 2012-2016 under the proposed rate structure. The FY 2012 water rate adjustment of $0.21 replicates the TRA increase as does the $0.08 sewer rate increase. This exhibit displays the year-to-year projected rate increase and the cumulative projected rate increase from the FY 2011 rates. Coverage is below 1.20 in Fiscal Year 2014, but exceeds 1.20 in Fiscal Year 2015 and 2016, due to declining debt service. For FY 2012, the cities of Euless, Hurst, Keller, North Richland Hills and Southlake have increased their water and sewer rates. Per the attachment, water and sewer rate comparison of surrounding cities - FY 2012, Colleyville citizens would pay $2.96 less than the average of the surrounding cities for 15,000 gallons of water under this proposed TRA pass through rate increase. For 10,000 gallons of sewer, Colleyville citizens would pay $8.98 less than the average of the surrounding cities. The monthly increase in the combined bill for 15,000 gallons of water and 10,000 gallons of sewer would be $3.95. Ordinance 0-89-741 allows a direct pass through of rate increases for treated water and sewer by TRA to be adopted by resolution. There will be a resolution on the November 15, 2011 City Council agenda proposing the TRA pass through water rate increase of $0.21 and the sewer rate increase of $0.08 to be effective December 1, 2011. As a point of reference, if bonds are sold for the future Colleyville Boulevard (SH26) water and sewer line relocations or for rehabilitiation of existing water and sewer lines, a water rate increase of $0.09 and a sewer rate increase of $0.05 will be necessary to support the debt service on an issuance of $4.5 million. This additional rate increase would need to be implemented at the time the bonds are sold, which is likely not to occur before 2014 given current project funding projections. Attachments 1. FY 2012 - 2016 plan - no pass through of TRA rate increases - Exhibit A 2. FY 2012 - FY 2016 plan - pass through of TRA rate increases - Exhibit B 3. Water and sewer rate comparison of surrounding cities - FY 2012 FIVE YEAR PROJECTION OF UTILITY FUND EXPENSES/COVERAGE FY 2012 - FY 2016 NO PASS THROUGH OF TRA RATE INCREASES ASSUMPTIONS: 70 NEW WATER/SEWER CUSTOMERS ANNUALLY FISCAL YEAR AVERAGE ANNUAL WATER CUSTOMERS AVERAGE MONTHLY USAGE AMOUNT DERIVED FROM MINIMUM BILL AMOUNT DERIVED FROM VOLUME CHARGE AVERAGE ANNUAL SEWER CUSTOMERS AVERAGE MONTHLY USAGE AMOUNT DERIVED FROM MINIMUM BILL AMOUNT DERIVED FROM VOLUME CHARGE OPERATING REVENUE: WATER SALES CUMULATNE TRA PASS-THROUGH WATER RATE INCREASE WATER MINIMUM BILL TRA PASS THROUGH ON 2,000 GALLONS SEWER CHARGES CUMULATNE TRA PASS-THROUGH SEWER RATE INCREASE SEWER MINIMUM BILL TRA PASS THROUGH ON 2,000 GALLONS WATER INSTALLATION SEWER INSTALLATION ENGINEERING AND DEVELOPMENT PENALTY SEWER TIE ON REVENUE MISC REVENUE TOTAL OPERATING REVENUE OPERATING EXPENSES: ADMINISTRATION BILLING OPERATIONS TRA WATER TRA SEWER OPERATING TRANSFER TOMORROW FUND REPAYMENT TOTAL OPERATING EXPENSES OPERATING WCOME PLUS NON-OPERATING REVENUE (INT INC) NETINCOME 2002 REFUNDING SERIES 2004 REFUNDING SERIES 2010 REFUNDING BOND ISSUE ANNUAL DEBT SERVICE AMOUNT AVAILABLE FOR COVERAGE RATIO AMOUNT NEEDED FOR COVERAGE RATIO TARGEf COVERAGE RATIO ACTUAL COVERAGE RATIO PASS THROUGH TRA RATE INCREASES ANNUAL PASS THROUGH TRA WATER WCREASE - PER 1,000 GALLON; CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES ANNUAL PASS THROUGH TRA SEWER WCREASE - PER 1,000 GALLON~~ CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES 2012 2013 2014 2015 2016 9,128 9,198 9,268 9,338 9,408 21,168 21,168 21,168 21,168 21,168 $1,325,386 $1,335,550 $1,345,714 $1,355,878 $1,366,042 $7,423,912 $7,480,844 $7,537,776 $7,594,707 $7,651,639 EXHIBIT A 8,512 8,582 8,652 8,722 8,792 10,100 10,100 10,100 10,100 10,100 $898,867 $906,259 $913,651 $921,043 $928,435 $1,878,122 $1,893,567 $1,909,012 $1,924,457 $1,939,902 $8,749,298 $8,816,393 $0 $0 $0 $0 $2J76,989 $2J99,826 $0 $0 $0 $0 $21,000 $21,000 $7,000 $7,000 $5,000 $5,000 $172.894 $174,243 $5,000 $5,000 $13,000 $13,000 $8,883,489 $0 $0 $2,822,663 $0 $0 $21,000 $7,000 $5,000 $175, 592 $5,000 $13, 000 $8,950,585 $9,017,681 $0 $0 $0 $0 $2,845,500 $2,868,337 $0 $0 $0 $0 $21,000 $21,000 $7,000 $7,000 $5,000 $5,000 $176,941 $178,290 $5,000 $5,000 $13,000 $13,000 $11,750,181 $11,841,463 $11,932,745 $12,024,027 $12,115,308 $223,405 $227,873 $356,883 $364,021 $1,930,026 $1,934,381 $6,078,768 $6,207,166 $1,695,078 $1,968,046 $901,829 $922,103 $44,286 $44,286 $11,230,274 $11,667,875 $519,907 $173,587 $20,300 $20,300 $540,207 $193,887 $249,288 $0 $202,624 $195,723 $381,100 $632,100 $833,012 $827,823 $540,207 $193,887 $999,614 $993,388 1.20 1.20 0.65 0.23 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $232,431 $371, 301 $1,973,069 $6,554,090 $2, 261,124 $929,298 $44,286 $12, 365, 597 -$432.852 $20,300 -$412,552 $0 $198, 673 $620,500 $819,173 -$412,552 $983,008 1.20 (0.50) $0.00 $0.00 $0.00 $0.00 $237,079 $241,821 $378,727 $386,302 $2,012,530 $2,052,781 $6,669,873 $6,774,284 $2,428,216 $2,585,740 $936,492 $943,687 $44,286 $44,286 $12,707,203 $13,028,900 -$683,177 -$913,592 $20,300 $20,300 -$662.877 -$893,292 $0 $0 $0 $0 $490,100 $365,325 $490,100 $365,325 -$662.877 -$893,292 $588,120 $438,390 1.20 1.20 (1.35) (2.45) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 FIVE YEAR PROJECTION OF UTILITY FUND EXPENSES/COVERAGE FY 2012 - FY 2016 PASS THROUGH OF TRA RATE INCREASES ASSUMPTIONS: 70 NEW WATER/SEWER CUSTOMERS ANNUALLY FISCAL YEAR AVERAGE ANNUAL WATER CUSTOMERS AVERAGE MONTHLY USAGE AMOUNT DERIVED FROM MINIMUM BILL AMOUNT DERIVED FROM VOLUME CHARGE AVERAGE ANNUAL SEWER CUSTOMERS AVERAGE MONTHLY USAGE AMOUNT DERIVED FROM MINIMUM BILL AMOUNT DERIVED FROM VOLUME CHARGE OPERATING REVENUE: WATER SALES CUMULATIVE TRA PASS-THROUGH WATER RATE WCREASE WATER MINIMUM BILL TRA PASS THROUGH ON 2,000 GALLONS SEWER CHARGES CUMULATNE TRA PASS-THROUGH SEWER RATE WCREASE SEWER MINIMUM BILL TRA PASS THROUGH ON 2,000 GALLONS WATER INSTALLATION SEWER INSTALLATION ENGINEERING AND DEVELOPMENT PENALTY SEWER TIE ON REVENUE MISC REVENUE TOTAL OPERATING REVENUE OPERATING EXPENSES: ADMINISTRATION BILLING OPERATIONS TRA WATER TRA SEWER OPERATING TRANSFER TOMORROW FUND REPAYMENT TOTAL OPERATING EXPENSES OPERATING INCOME PLUS NON-OPERATING REVENUE (INT WC) NETINCOME CALCULATION OF AMOUNT AVAILABLE FOR DEBT COVERAGE: ANNUAL DEBT SERVICE 2002 REFUNDING SERIES 2004 REFUNDING SERIES 2010 REFUNDING BOND ISSUE ANNUAL DEBT SERVICE AMOUNTAVAILABLE FOR COVERAGE RATIO AMOUNT NEEDED FOR COVERAGE RATIO TARGET COVERAGE RATIO ACTUAL COVERAGE RATIO PASS THROUGH TRA RATE INCREASES ANNUAL PASS THROUGH TRA WATER INCREASE - PER 1,000 GALLON CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES ANNUAL PASS THROUGH TRA SEWER INCREASE - PER 1,000 GALLON CUMULATIVE TRA RATE INCREASE FROM CURRENT RATES 2012 2013 2014 2015 2016 9,128 9,198 9,268 9,338 9,408 21,168 21,168 21,168 21,168 21,168 $1,325,386 $1,335,550 $1,345,714 $1,355,878 $1,366,042 $7,423,912 $7,480,844 $7,537,776 $7,594,707 $7,651,639 EXHIBIT B 8,512 8,582 8,652 8,722 8,792 10,100 10,100 10,100 10,100 10,100 $898,867 $906259 $913,651 $921,043 $928,435 $1,878,122 $1,893,567 $1,909,012 $1,924,457 $1,939,902 $8,749,298 $8,816,393 $364,207 $545,257 $38,338 $57,396 $2,776,989 $2,799,826 $65,372 $189,491 $16,343 $47,373 $21,000 $21,000 $7,000 $7,000 $5,000 $5,000 $180,158 $155,265 $5,000 $5,000 $13,000 $13,000 $8,883,489 $802,980 $84,524 $2,822,663 $398,684 $99,671 $21,000 $7,000 $5,000 $193,617 $5,000 $13,000 $8,950,585 $9,017,681 $851,626 $900,910 $89,645 $94,833 $2,845,500 $2,868,337 $519,133 $633,024 $129,783 $158256 $21,000 $21,000 $7,000 $7,000 $5,000 $5,000 $197,503 $201,299 $5,000 $5,000 $13,000 $13,000 $12,241,705 $12,692,000 $13,336,628 $13,634,775 $13,925,340 $223,405 $227,873 $232,431 $237,079 $241,821 $356,883 $364,021 $371,301 $378,727 $386,302 $1,930,026 $1,934,381 $1,973,069 $2,012,530 $2,052,781 $6,078,768 $6,207,166 $6,554,090 $6,669,873 $6,774,284 $1,695,078 $1,968,046 $2,261,124 $2,428216 $2,585,740 $901,829 $956,469 $988,077 $1,032,625 $1,053,348 $44,286 $44,286 $44,286 $44,286 $44,286 $11,23Q274 $11,702,242 $12,424,377 $12,803,336 $13,138,561 $1,011,431 $989,758 $912252 $831,439 $786,779 $20,300 $20,300 $20,300 $20,300 $20,300 $1,031,731 $1,010,058 $932,552 $851,739 $807,079 $249288 $0 $0 $0 $202,624 $195,723 $198,673 $0 $0 $381,100 $632,100 $620,500 $490,100 $365,325 $833,012 $827,823 $819,173 $490,100 $365,325 $1,031,731 $1,010,058 $932,552 $851,739 $807,079 $999,614 $993,388 $983,008 $588,120 $438,390 1.20 1.20 1.20 1.20 1.20 124 122 1.14 174 221 $0.21 $0.05 $0.12 $0.02 $0.02 $0.21 $0.26 $0.38 $0.40 $0.42 $0.08 $0.15 $0.25 $0.14 $0.13 $0.08 $0.23 $0.48 $0.62 $0.75 WATER AND SEWER RATE COMPARISON OF SURROUNDING CITIES WATER RATE COMPARISON OF SURROUNDING CITIES MINIMUM # OF GALLONS BILL FOR RATE PER CUSTOMER CUSTOMER CUSTOMER CITY BILL IN MINIMUM 2,000 GALS 1,000 GALS BILL BILL BILL 10,000 GALS 15,000 GALS 20,000 GALS BEDFORD $18.37 0 $24.15 $2.89 $47.27 $61.72 $76.17 EULESS "x $7.95 0 $12.91 $3.54 ^^ $40.19 $61.23 $83.03 GRAPEVINE $9.75 2,000 $9.75 $2.74 $31.67 $45.37 $59.07 HURST $14.18 2,000 $14.18 $5.70 $59.78 $88.28 $116.78 KELLER " $16.88 0 $20.44 $2.99 ^^ $44.04 $60.39 $76.74 NORTH RICHLAND HILLS ** $9.75 2,000 $9.75 $3.94 ^^ $41.27 $60.97 $80.67 SOUTHLAKE *x $27.00 2,000 $27.00 $3.45 ^^ $52.36 $70.71 $89.06 AVERAGE $14.84 $16.88 $3.61 $45.23 $64.10 $83.07 COLLEYVILLE CURRENT $12.10 2,000 $12.10 $3.53 $40.34 $57.99 $75.64 VARIANCE IN RATES ($2.74) ($4.78) ($0.08) ($4.89) ($6.11) ($7.43) AVERAGE $14.84 $16.88 $3.61 $45.23 $64.10 $83.07 COLLEYVILLE PROPOSED * $12.52 2,000 $12.52 $3.74 $42.44 $61.14 $79.84 VARIANCE IN RATES ($2.32) ($4.36) $0.13 ($2.79) ($2.96) ($3.23) "TIERED WATER ARE IN EFFECT /N THE FOLLOWING C/TIES: " EULESS' WATER RATE IS $2.48 FOR 0 TO 2,000 GALLONS, $3.41 FOR 3,001 TO 8,000 GALLONS, $3.98 FOR 9,000 TO 15,000 GALLONS, $4.36 FOR 16,000 TO 35,000 GALLONS, AND $4.96 FOR ALL USAGE ABOVE 35,000 GALLONS " KELLER'S WATER RATE IS $1.78 FOR 0 TO 2,000 GALLONS, $2.95 FOR 2,000 TO 10,000 GALLONS, $3.27 FOR 10,001 TO 20,000 GALLONS, $3.70 FOR 20,001 TO 25,000 GALLONS, $4.81 FOR 25,000 TO 40,000 GALLONS, AND $5.24 FOR ALL USAGE ABOVE 40,000 GALLONS " NORTH RICHLAND HILLS' WATER RATE IS $3.94 FOR 2,000 TO 22,440 GALLONS AND $4.02 FOR ALL USAGE ABOVE 22,440 GALLONS " SOUTHLAKE'S WATER RATE IS $3.17 FOR 2,000 TO 10,000 GALLONS, $3.67 FOR 10,001 TO 25,000 GALLONS AND $3.92 FOR 25,000 TO 40,000, AND $4.42 FOR ALL USAGE ABOVE 40,000 GALLONS ^^ RATES SHOWN ARE THE AVERAGE OF THE TIERED RATE USAGE OF 0-20,000 GALLONS SEWER RATE COMPARISON OF SURROUNDING CITIES CITY MINIMUM # OF GALS BILL FOR RATE PER WINTER CUSTOMER BILL IN MINIMUM 2,000 GALS 1,000 GALS AVERAGE BILL BILL BILLED 10,000 GALS BEDFORD $10.88 0 $14.32 $1.72 Y $28.08 EULESS $6.75 0 $12.15 $2.70 N $33.75 GRAPEVINE $7.80 2,000 $7.80 $3.26 Y $33.88 HURST $10.27 0 $16.85 $3.29 Y $43.17 KELLER $11.85 0 $17.69 $2.92 Y $41.05 N RICHLAND HILLS $8.12 0 $11.92 $1.90 Y $27.12 SOUTHLAKE $26.16 2,000 $26.16 $3.00 N $50.16 AVERAGE $11.69 $15.27 $2.68 Y $36.74 COLLEYVILLE CURRENT $8.80 2,000 $8.80 $2.27 Y $26.96 VARIANCE IN RATES ($2.89) ($6.47) ($0.41) ($9.78) AVERAGE $11.69 $15.27 $2.68 Y $36.74 COLLEYVILLE PROPOSED * $8.96 2,000 $8.96 $2.35 Y $27.76 VARIANCE IN RATES ($2.73) ($6.31) ($0.33) ($8.98) ' COLLEYVILLE PROPOSED INCLUDES PASS THROUGH OF TRA RATE INCREASE PER 1,000 GALLONS OF WATER USAGE ($.21) AND SEWER USAGE ($.08) ON ALL GALLONS OF USAGE, INCLUDING THE FIRST 2.000 GALLONS INCLUDED IN THE MINIMUM BILL ~'~Y~;~ City of Colleyville CityHall CC}LLEYVILLE C~ty CQU~"'~C~~ 100 Main Street Colleyville, Texas 76034 1, F~ a s Agenda Briefing www.colleyville.com Agenda Number PC-4 Agenda Date 11/01/2011 Type Pre Council Denartment Citv Manaaer Title Presentation of the Quarterly Capital Projects Update Explanation Currently, there are capital street, trail, and utility improvements, which are in the process of design or construction. This presentation will provide City Council an update on the status of current capital projects as of the end of September 2011. Attachments 1. Quarterly CIP Presentation UARTERLY CAPITAL I M PROVE M E NT PROJECTS CIP PRESENTATION PRE COUNCIL MEETING NOVEM BER 1, 2011 SI D EWALK TRAI L IMPROVEMENTS L,~-~~a~ ~ ~~~~~~~ 1 F ~ ti `+ Cotton Be/t Trai/ Phase ll L. D. Lockett Trail • Provides connectivity with existing Cotton Belt Trails in Grapevine and North Richland Hills • Provides connectivity at L.D. Lockett Park to the Cotton Belt Trail Funding • Project budget: $1,010,270 • Funding sources: • FY 2011 Colleyville Economic Development Corporation Budget ($100,000) • Park Land Dedication Fund ($162,670) • TxDOT Grant ($747,600) Key Dates • City Council award of contract to Humphrey and Morton: August 17, 2010 • Construction began: November 29, 2010 • Anticipated opening: • Colleyville section: November 2011 • Hurst section: February 2012 Current Activity (as of September 2011) Staff Contacts • Pre-construction meeting held October 2010 • Construction 99% complete within Colleyville • Construction is 70% complete within Hurst • Monica Sue Walsh, Parks and Recreation Director, 817.503.1182, mwalsh@colleyville.com •Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com ~,~-~ ~~~. ~~~ c~~.~.~~.~ ~ F: 'ti :~ `.-. Key Information Webb House Trai/ Key Information • Provides connectivity from Bransford Park to the Cotton Belt Trail with existing trails in Grapevine and North Richland Hills •Trail crossing at Cotton Belt rail line to be completed with quad gate project • Designed in-house south of Cotton Belt rail line Current Activity (as of September 2011) • Coordinating interlocal agreement with the T for quad gates at Bransford Road Funding • Project budget: $185,000 • Funding sources: • FY 2013 EDCIP Plan ($165,000) • Park Land Dedication Fund ($20,000) Key Dates • This project is contingent on the completion of Quad Gate Crossing Project • Design initiation anticipated: FY 2013 • Design and construction estimated to take 6 months once initiated Staff Contacts • Monica Sue Walsh, Parks and Recreation Director, 817.503.1182, mwa Ish @col leyvi I le. com • Jeremy Hutt, P.E., City Engineer , 817.503.1095, jhutt@colleyville.com L , ~- ~ ~a ~: ~~~`e ~~~~~~~ 1 F ~ ti `+ P/easant Run Trai/ (Bogart to Mission) • Provides connectivity from The Village (Mission Lane) to Bogart Key Information Key Dates Current Activity (as of September 2011) • Project is slated for design in FY 2012 • City staff is currently working with NCTCOG for the possibility of grant funding for a portion of the project Funding • Project budget: $503,000 • Funding sources: • FY 2012 Colleyville Economic Development Corporation Budget ($58,000 for design) • FY 2012 EDCIP Plan ($168,000 for ROW acquisition) • FY 2013 EDCIP Plan ($277,000 for construction) • Design initiation anticipated: FY 2012 • Design and right-of-way acquisition estimated to take 12 months • Construction to begin in FY 2013 and take an estimated 6 months Staff Contacts • Monica Sue Walsh, Parks and Recreation Director, 817.503.1182, mwalsh@colleyville.com •Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com L , ~- ~ ~a ~: ~~~`e ~~~~~~~ 1 F ~ ti `+ STREET IM PROVEM ENTS L,~-~~a~ ~ ~~~~~~~ 1 F ~ ti `+ ~ ~ lmprovements -~ .~ ~ Key Information ~; • Promote a safe intersection for both vehicular and pedestrian traffic • Provide an intersection that will meet future traffic needs Current Activity (as of September 2011) • Design by Burgess and Niple is currently 99% complete • Right-of-way acquisition currently underway P/easant Run Road and .7ohn McCain Road lntersection Funding • Project budget: $1,312,000 • Funding sources: • Service Area II Impact Fees ($475,099) • Water Impact Fees ($148,490) •Tarrant County Bond Funds ($201,359) • Capital Projects Street Resurfacing Funds Transfer ($487,052) Key Dates • Preliminary study completed: March 15, 2010 • Public meeting: May 6, 2010 • City Council award of design contract to Burgess and Niple: July 16, 2010 • Design completion: March 2011 • Construction estimated to take 6 months once initiated Staff Contact •Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com ~~7 ~ 4 ~SlF,' ! '! \ ~C~~.L~LE ,,,,L _~ ~,~ r~-, ,; , ~1, , , ;, ,~ ~ Cheek-Sparger Road and ~ ~~ ~ '.... a ~4 . i~}~~}~j ~ ~~~ _. ./ ~ . ~ ~ ~ -~~ ,,. ; ~~.~, - ~ . ~.~ ~ .7ackson Road ln tersection ~~ - 1~;;;,~ ~w•b'ti Q^~ ~. _:.~~ . ~ ,~: ~~ . -~w°. ~,~~~ ~ - ~ ~ 4 ~~~ lmprovements ~.-~~~~.~ f~ ~ ~ . . :~ ~-~~,.~ fr ~~~ -~'~'~."'"~ Funding ~.~ ~~~~,I ~ ~ ~ ~~~. • Pro~ect bud et: $1,060,00 J 9 r- ~w~-~~' ~ • Funding sources: ~ ~. ~~~=~~~- •Tarrant County Bond Funds ($355,340) ~ ~:,2,w ~~ _- ~~ +"` • County funds available up to $535,415 at a ~ ~ ~_ ~a.~,X'`""°~`-"' one-to-one match with City funds ~~; .v ~ ~~~ • RTR NCTCOG Funding ($349,320) ~~,:,~ ~ ~;~~;,.~ ;~ • Service Area I Street Impact Fees ($169,971) ~ ~'~~ ' • Water Impact Fees ($50,000) ~ . .,.~•. ~.. ,~.. , ~F_~ • Capital Projects Street Resurfacing Funds Key Information Transfer ($135,369) • Promote a safe intersection for both vehicular and pedestrian traffic • Provide an intersection that will meet future traffic needs Current Activity (as of September 2011) • Preliminary intersection study performed by Burgess & Niple • A public meeting was held on September 15, 2011 Key Dates • Preliminary study completed: March 15, 2010 • Public meeting conducted: September 15, 2011 • City Council award of design contract anticipated: December 2011 • Design completion anticipated: June 2012 • Construction estimated to take 6 months once initiated Staff Contact •Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com ~~7 ~ 4 ~SlF,' I '! \ ~C~~.L~LE ~~~.L 2011 Street Rehabi/itation Project Brentwood Drive and Court Key Information • Rehabilitation of the existing pavement for multiple street segments within Colleyville including: •Brentwood Drive and Court •Cheek-Sparger Road •L.D. Lockett Road •John McCain Road •Pleasant Run Road Current Activity Funding •Total Project budget: $552,420 • Approximately 26% ($143,629) allotted to Brentwood Drive and Court •Funding source: • FY 2011 General Fund Street Resurfacing Funds Key Dates • City Council approval of the contract with Reliable Paving: June 21, 2011 • Construction began on: July 25, 2011 • Project completed: August 6, 2011 Staff Contact •Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com • Brentwood Drive and Court section completed L , ~- ~ ~a ~: ~~~`e ~~~~~~~ 1 F ~ ti `+ 2011 Street Rehabi/itation Project Cheek-Sparger Road Funding ~ ~ % a • Rehabilitation of the existing pavement for multiple street segments within Colleyville including: •Brentwood Drive and Court •Cheek-Sparger Road •L.D. Lockett Road •John McCain Road •Pleasant Run Road Current Activity •Total Project budget: $552,420 • Approximately 33% ($182,299) allotted to Cheek-Sparger Road •Funding source: • FY 2011 General Fund Street Resurfacing Funds Key Dates • City Council approval of the contract with Reliable Paving: June 21, 2011 • Construction began on: August 8, 2011 • Project completed: September 4, 2011 Staff Contact •Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com • Cheek-Sparger Road section completed L , ~- ~ ~a ~: ~~~`e ~~~~~~~ 1 F ~ ti `+ Key Information 2011 Street Rehabi/itation Project L. D. Lockett Road Key Information • Rehabilitation of the existing pavement for multiple street segments within Colleyville including: •Brentwood Drive and Court •Cheek-Sparger Road •L.D. Lockett Road •John McCain Road •Pleasant Run Road Current Activity Funding •Total Project budget: $552,420 • Approximately 16% ($88,387) allotted to L.D. Lockett Road •Funding source: • FY 2011 General Fund Street Resurfacing Funds Key Dates • City Council approval of the contract with Reliable Paving: June 21, 2011 • Construction began on: September 6, 2011 • Project completed: September 18, 2011 Staff Contact •Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com • L.D. Lockett Road section completed L , ~- ~ ~a ~: ~~~`e ~~~~~~~ 1 F ~ ti `+ 2011 Street Rehabi/itation Project John McCain Road • Rehabilitation of the existing pavement for multiple street segments within Colleyville including: •Brentwood Drive and Court •Cheek-Sparger Road •L.D. Lockett Road •John McCain Road •Pleasant Run Road Current Activity Funding •Total Project budget: $552,420 • Approximately 14% ($77,339) allotted to John McCain Road •Funding source: • FY 2011 General Fund Street Resurfacing Funds Key Dates • City Council approval of the contract with Reliable Paving: June 21, 2011 • Construction began on: September 19, 2011 • Project completed: October 14, 2011 Staff Contact •Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com • John McCain Road section completed L , ~- ~ ~a ~: ~~~`e ~~~~~~~ 1 F ~ ti `+ Key Information 2011 Street Rehabi/itation Project P/easant Run Road • Rehabilitation of the existing pavement for multiple street segments within Colleyville including: •Brentwood Drive and Court •Cheek-Sparger Road •L.D. Lockett Road •John McCain Road •Pleasant Run Road Current Activity • Pleasant Run Road section under construction Funding •Total Project budget: $552,420 • Approximately 11% ($60,766) allotted to Pleasant Run Road •Funding source: • FY 2011 General Fund Street Resurfacing Funds Key Dates • City Council approval of the contract with Reliable Paving: June 21, 2011 • Construction began on: October 24, 2011 • Project section estimated completion: November 11, 2011 Staff Contact •Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com L , ~- ~ ~a ~: ~~~ ~C~LLE~`~~L,LE 1 F ~ ti `+ Key Information Brown Trai/ Rehabi/itation Key Information • Rehabilitation of the existing pavement, from SH26 to Cheek-Sparger Road • Construction to be performed by Tarrant County Precinct 3 through an interlocal agreement • Colleyville provides construction materials for project and Tarrant County provides labor Funding • Project budget: $298,000 • Funding source: • FY 2011 General Funds Key Dates Fund Street Resurfacing • City Council approval of interlocal agreement: March 22, 2011 • Construction began: May 3, 2011 • Project completed: July 7, 2011 Staff Contact • Jimmy Brock, Street Superintendent, 817.540.0609, jbrock@colleyville.com Current Activity • Project completed L , ~- ~ ~a ~: ~~~`e ~~~~~~~ 1 F ~ ti `+ ~ ~ ~ +I~ !R ~~ _ ~ : _ _~ - . ~ ~~ ~~~~~~ Key Information • Promote a safe intersection for both vehicular and pedestrian traffic • Provide for the ability to apply for a Quiet Zone Designation Staff Contact Current Activity (as of September 2011) Rai/ Crossing Quad Gate lmprovements Funding • Project budget: $1,800,000 • Funding sources: • Federal Grant Administered by TxDOT ($1,435,000) • Anticipated Fort Worth Transit Authority (The ~~T") Local Funding Match ($359,000) Key Dates • Interlocal agreement to be presented to City Council: Winter 2011 • Design initiation anticipated: FY 2012 • Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com • Draft interlocal agreement with The T currently under review L , ~- ~ ~a ~: ~~~`e ~~~~~~~ 1 F ~ ti `+ Co/%yvi//e Bou/evard / State High wa y 26 Reconstruction Phase l Key Information • Project currently funded from Pool/Brumlow to John McCain Road • Project funding currently not available for Hall-Johnson to Cheek-Sparger Current Activity (as of September 2011) • Design is complete • Right-of-way acquisition by TxDOT complete • Franchise utility relocation substantially completed Funding • Project budget: $11.08 million (Pool Road to John McCain Road) • Funding sources: •Tarrant County ($4,000,000) • City of Colleyville Tax Increment Financing District ($5,070,000) • NCTCOG ($1,608,000) • TxDOT ($402,000) Key Dates • Project let date: August 2011 • Construction is estimated to begin in March 2012 • Estimated construction time is 18 months Staff Contact •Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com L , ~- ~ ~a ~: ~~~`e ~~~~~~~ 1 F ~ ti `+ U TI LITY SYST E M IMPROVEMENTS 1 ~ ~ i) ~. ! '! \ C~~.L~L~ ~~.,.~ Co//e yvi//e Bo u/e va rd /Sta te High wa y 26 Uti/ity Re%ca tion Phase l Key Information • Project awarded at: $236,272 •Funding source: • Utility Fund Available Cash Balance ~;~.~~~~'~. - u~ _ .<<h _ Key Dates • Relocation of existing water utility lines for the proposed widening of Colleyville Boulevard, Phase I Current Activity (as of September 2011) • Municipal utility relocation plans complete • Project has been substantially completed Funding • City Council award of contract to Champion Utility Construction: April 19, 2011 • Construction began: May 18, 2011 • Substantial construction was completed in August and the contractor is addressing final punch list items Staff Contact •Jeremy Hutt, P.E., City Engineer, 817.503.1095, jhutt@colleyville.com L , ~- ~ ~a ~: ~~~`e ~~~~~~~ 1 F ~ ti `+ G t T Y ~ F ~ CC}LLEYVILLE 1' F `{ A S City of Colleyville City Hall C~tV CDU~"~C~~ 100 Main Street ~ Colleyville, Texas 76034 Agenda Briefing www.colleyville.com Agenda Number PC-5 Agenda Date 11/01/2011 Type Pre Council Department Citv Secretarv Title Discussion of the November 1, 2011 City Council regular agenda items G t T Y ~ F ~ CC}LLEYVILLE 1' F `{ A S City of Colleyville City Hall C~tV CDU~"~C~~ 100 Main Street ~ Colleyville, Texas 76034 Agenda Briefing www.colleyville.com Agenda Number 1 Agenda Date 11/01/2011 Type Executive Session Department Citv Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand RESOLUTION R-11-3419 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 1, 2011 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~'~Y~;~ City of Colleyville CityHall CC}LLEYVILLE C~ty CQU~"'~C~~ 100 Main Street Colleyville, Texas 76034 1, F~ a s Agenda Briefing www.colleyville.com Agenda Number 4 Agenda Date 11/01/2011 Type Announcements, Proclamations and Presentations Department Citv Secretary Title Proclamation in recognition of Keegan Courtney, Mayor for a Day - Mayor David Kelly Proclamation declaring November 7, 2011, "Thank a Teacher Day" at Colleyville Elementary School - Mayor for a Day Keegan Courtney Proclamation in recognition of Baylor Regional Medical Center Grapevine for event sponsorship of the City of Colleyville's June Concert in the Village and Red, White & Sousa event - Doug Lawson, President, Baylor Medical Center at Grapevine Attachments 1.Proclamation in recognition of Mayor for a Day Keegan Courtney 2.Proclamation declaring November 7, 2011 "Thank a Teacher Day" at Colleyville Elementary School 3.Proclamation in recognition of Baylor Regional Medical Center Grapevine ~r. ~f ~olle~ville, - ~~ Texas ~ WHEREAS: Keegan Courtney submitted the winning essay in the 2011 City of Colleyville "Mayor for a Day" contest; and WHEREAS, Keegan is seven years old and attends second grade at Colleyville Elementary School; and WHEREAS, it is important for youth to learn about and understand the role of locai government; and WHEREAS, Keegan's winning essay required research and careful consideration of the importance of water conservation; and WHEREAS, in addressing the need to save water, Keegan provided detailed instructions and an illustration of how to build and use a rain catcher; and WHEREAS, Keegan Courtney's essay exemplifies outstanding citizenry and a desire to contribute to his community. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby proclaim KEEGAN COURTNEY as Mayor for a Day in the City of Colleyville, and encourage citizens to recognize the abilities and desires of today's youth to become leaders in their community. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 1S~ day of November 2011. / x~ ~ ~ , , l ~~~-~/ -~ ~~~ Mayor ~ ~„>~ o, ~ ~ ~ ~<,x~,s ~~ Colleyville, - ~ Texas WHEREAS: I, Keegan Courtney, submitted the winning essay in the 2011 City of Colleyville "Mayor for a Day" contest; and WHEREAS, as a student at Colleyville Elementary School, I recognize the great contribution of our teachers in the education process; and WHEREAS, teachers at Cofleyville Elementary School consistently display the highest standards of the education system; and WHEREAS, teachers play a tremendous role in shaping the future of all generations. NOW, THEREFORE, I, KEEGAN COURTNEY, MAYOR FOR A DAY OF THE CITY OF COLLEYVILLE, TEXAS, do hereby proclaim Monday, November 7, 2011 THANK A TEACHER DAY AT COLLEYVILLE ELEMENTARY SCHOOL and encourage all students to express appreciation to our teachers for their efforts by writing them a note, taking a moment to say thanks, or any expression of appreciation for their valuable efforts. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 1S~ day of November 2011. KEEGAN COURTNEY - Mayor for a Day ~~ ~,_-z~_~~ ~~ t ~P~~ Mayor / l~ ~~~>~ ~~~ ~ ~ R~xas Colleyville, Texas WHEREAS: the City of Colleyville adopted an Events Policy in 2010 to guide and foster the planning of special events in the community, in hopes of entertaining citizens, attracting visitors and supporting area businesses; and WHEREAS, the Events Policy specifically encouraged the City's Events Steering Committee and staff to "partner with businesses to maximize event benefits, as well as leverage co-sponsorship involvement, and contributions", both in-kind and financial; and WHEREAS, Baylor Regional Medical Center at Grapevine agreed to sponsor Colleyville's June Concert in the Village and the first Red, White & Sousa event as the title co-sponsor, donating a total of $6,500 in support of these two events. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby express our appreciation to the directors and staff of BAYLOR REGIONAL MEDICAL CENTER GRAPEVINE and recognize their encouragement and support for Colleyville's desire to promote the arts for our citizens, and begin to build a visitor's economy. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 15` day of November 2011. ~ ~ ,~ : ~«~~ ~~ Mayor ~,~ o, , ~ _--- _- ~ T~XHS RESOLUTION R-11-3420 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 1, 2011 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of October 18, 2011 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor City of Colleyville M i n utes - D raft CI~/ COUIICII Tuesday, October 18, 2011 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 18, 2011, at 5:33 p.m. ROLL CALL: Councilmembers Stan Hall, Mike Taylor and Mayor Pro Tem Tom Hart, were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Interim Police Chief David James, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, Economic Development Director Marty Wieder, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Jody Short arrived at 5:43 p.m. Councilmember Carol Wollin arrived at 5:46 p.m. Councilmember Michael Muhm was absent. PC-1 Presentation on the Vision North Texas Initiative, North Texas 2050 Community Development Director Ron Ruthven introduced Ms. Lou Brewer, Health Director for Tarrant County Public Health and Chair of the Vision North Texas (VNT) Health Research Team and a member of the VNT Advisory Board. Ms. Brewer provided an overview of the Vision North Texas Initiative and stated the goal of VNT includes making an important contribution to the future quality of life, economic desirability and long-term sustainability of the 16-county North Central Texas region and increasing public awareness about important regional land use issues that affect air quality, water supply, mobility and other economic and environmental resources and answered questions of the City Council. City of Colleyville Page 1 Printed on 10/27/2011 City Council Minutes - Draft October 18, 2011 PC-2 Discussion of proposed Cheek-Sparger Road and Jackson Road Intersection Improvements City Engineer Jeremy Hutt reviewed the results of the Cheek-Sparger Road and Jackson Road public informational meeting held September 15, 2011, and stated the majority of all participating citizens supported the design and construction of a single lane right turn roundabout. Discussion ensued regarding the diameter of the intersection and the distance from vehicle to vehicle entering the circle, traffic calming features, and line of sight across the roundabout. City Manager Jennifer Fadden recommendation for a contract with Council meeting agenda. stated staff will present a a design consultant on a future City PC-3 Discussion of the coordination of the SH26 and Cotton Belt Trail Phase III Projects City Engineer Jeremy Hutt introduced Ricardo Gonzalez, Area Engineer, Texas Department of Transportation, and presented an update of the coordination of the SH26 Phase I and Cotton Belt Trail Phase III projects. Mr. Hutt reviewed the current and alternate designs of the Cotton Belt Trail. Discussion ensued regarding the design and location of the crash railing , separation of the trail from vehicle traffic, curb and gutter sections and landscaping. Mr. Hutt stated access to the Cotton Belt Trail from Longwood Drive would require an opening in the crash rail and a crash attenuator. Mr. Ricardo Gonzalez, Area Engineer, Texas Department of Transportation, provided information regarding the cost related to the relocation of the crash railing, drainage issues and bridge reconstruction. City Engineer Jeremy Hutt stated the cost for the relocation of the crash railing is approximately $280,000, cost for the pedestrian rail is approximately $300,000, and stated the City is also responsible for the add alternates at an approximate cost of $95,000. Discussion ensued regarding the design and cost of the pedestrian and crash railing, thickness and strength of trail surface, curb height and the feasibility, and cost of constructing the trail on the west side of the railroad tracks. City of Colleyville Page 2 Printed on 10/27/2011 City Council Minutes - Draft October 18, 2011 Discussion continued regarding the potential partnership with the City of Grapevine to share costs of the project. Mr. Gonzalez stated the trail design meets the minimum safety requirements. City Council recommended TxDOT increase the curb height and narrow the bubble area of the center bridge, if possible. PC-4 Discussion of setting a date for a City Council worksession to discuss the City's Capital Improvements Plan (CIP) and infrastructure management City Council determined a worksession will be held December 8, 2011, at 6:00 p.m. to discuss the Capital Improvements Plan (CIP). PC-5 Discussion of the terms of the Architectural Review Commission City Council determined the terms of the Architectural Review Commission will be changed from February to December. PC-6 Presentation of the Monthly Financial Report - September 2011 There was no discussion of this item. PC-7 Discussion of the October 18, 2011 City Council meeting regular agenda items There was no discussion of this item. Mayor Kelly adjourned the Pre Council meeting at 7:15 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 18, 2011 at 7:15 p.m. City of Colleyville Page 3 Printed on 10/27/2011 City Council EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Jody Short, Mike Taylor and Mayor Pro Tem Tom Hart, were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Interim Police Chief David James, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Bob Lowry, Community Development Director Ron Ruthven, Library Director Mary Rodne, Communications and Marketing Director Mona Gandy, Economic Development Director Marty Wieder, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Michael Muhm was absent. 1 Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:15 p.m. and reconvened at 7:51 p.m. 2 Minutes - Draft October 18, 2011 INVOCATION: Pastor David R. Jung, Crown of Life Lutheran Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-11-3415 City of Colleyville Page 4 Printed on 10/27/2011 City Council Minutes - Draft October 18, 2011 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly announced the enhanced recycling program including a 65 gallon wheeled cart begins Monday, October 31, 2011. IESI, the City's waste and recycler provider will deliver the carts to residents October 22 through November 4, 2011. Information regarding the trash pickup and recycling schedule and suitable recycling materials will be included with each cart. Citizens may visit the City's web site at www.colleyville.com for additional information. Mayor Kelly invited citizens to the rescheduled Police and Fire Department softball game on Sunday, October 30, 2011, at 4:00 p.m. at City Park. All proceeds will be donated to the Police and Fire Academy Alumni Associations, which support public safety efforts. Councilmember Taylor expressed appreciation to the citizens for the opportunity to attend the Texas Municipal League Annual Conference in Houston, along with Councilmembers Wollin and Short and Mayor Kelly, to attend educational seminars and accept an award for consolidation of police services for management innovation. Mayor Kelly announced the City won a Management Innovation award for regionalization of public safety communications and jail services with Keller and Southlake. Mayor Kelly recognized Mr. L. Ed Moore for service on the Zoning Board of Adjustment and Sign Board of Appeals. Mayor Kelly recognized Jennifer Hay, owner of Milwaukee Joe's Gourmet Ice Cream store. Ms. Hay invited the public to the shop to enjoy any one of the 24 flavors of ice cream, custards and sorbets and to try the newly created ice cream flavor in honor of the Texas Rangers playing in the World Series. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3416 4a Approval of the minutes of the regular City Council meeting of October 5, 2011 City of Colleyville Page 5 Printed on 10/27/2011 City Council Minutes - Draft October 18, 2011 4b Approval of the use of the Voluntary Library Fund in Fiscal Year 2012 (FY 2012), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $145,000 4c Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVDs and CDs, and non-book materials, learning games, and puzzles 4d Approval to purchase a 3M Intelligent Internal Return and Sorter System from the Alpha Data Corporation through the State of Texas Joint (Cooperative) Purchasing program, in an amount not to exceed $55,677, and authorize the city manager to execute the documents Mayor Kelly read Resolution R-11-3416 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Library Director Mary Rodne stated the surplus books, audiovisual items, DVDs and CDs are donated to the Friends of the Library to use in the used book sale on November 5, 2011. Since 2003, the Friends of the Colleyville Public Library have donated $176,830 from book sales and other fundraising efforts. Councilmember Wollin stated the purchase of the items listed in Consent agenda item 4b are possible due to citizen donations made to the Colleyville Public Library Fund through the monthly water bill. Councilmember Wollin moved to approve Resolution R-11-3416. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Stan Hall, Jody Short, Tom Hart, Mike Taylor Absent: 1 - Michael Muhm City of Colleyville Page 6 Printed on 10/27/2011 City Council Minutes - Draft October 18, 2011 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1810 Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on 1.0 acres on Lot 4, Block 1, of the Mrs. Eva Paul Subdivision located at 1005 Tinker Road, Case ZC11-018 Mayor Kelly read the caption of Ordinance 0-11-1810. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hall moved to approve Ordinance 0-11-1810. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Stan Hall, Jody Short, Tom Hart, Mike Taylor Absent: 1 - Michael Muhm 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1811 Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres on Tract 3A, Abstract 206 of the B.B.B. and C. RR. Co. Survey located at 5300 Pleasant Run Road, Case ZC11-017 Mayor Kelly read the caption of Ordinance 0-11-1811. Community Development Director Ron Ruthven provided an overview of the request for a zoning change from AG-Agricultural to CC1-Village Retail located at 5300 Pleasant Run Road and stated the property is required to be platted prior to the issuance of building permits, with regard to screening and buffering and being located adjacent to residential properties, the Land Development Code requires a 25 foot building setback, a minimum 8 foot high wood or masonry fence, and a 20 foot wide landscape buffer planted with evergreen shrubs on six foot centers that can grow to a height of 6 feet within two years. Mr. Ruthven further stated the Planning and Zoning Commission recommended approval. City of Colleyville Page 7 Printed on 10/27/2011 City Council Minutes - Draft October 18, 2011 Mayor Kelly opened the public hearing. Mr. Johnny Williams, 48 Stonegate Drive, Bedford, Texas, owner, Whitfield-Hall Surveyors, stated the applicant, Mr. Horobec, believes the CC1 zoning provides for the best use of the property. Ms. Shannan West, 812 Central Drive, spoke on behalf of her mother and late father, William West, and spoke in opposition to the proposed ordinance, and regarding commercial businesses in residential neighborhoods, traffic and safety concerns and opportunities for businesses to locate along SH26. Mr. Steve Raufman, 815 Central Drive, spoke in opposition to the proposed ordinance and commercial development plans for the property. Mr. Robert Figueroa, 817 Central Drive, spoke in opposition to the proposed ordinance and regarding property values, security and safety concerns, traffic volume, screening and development of the property. Ms. Beverly Figueroa, 817 Central Drive, did not wish to speak but wants to record opposition to the proposed ordinance. Mr. John Horobec, applicant, spoke regarding the development of the property and answered questions of the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the lot and building configuration, fire lane access, driveway access and a landscape buffer. Mayor Kelly requested the building dimensions and parking lot arrangement. Community Development Director Ruthven stated Commercial Neighborhood (CN) zoning is the lowest, most restrictive commercial zoning category in the City in terms of a straight zoning category. It is designed to be near or within neighborhoods and allows general office use and very few retail uses. It does not allow medical office uses, which generates more traffic. CC1 zoning allows virtually all retail uses in the Land Development Code, with the exception of a few retail uses such as drive through restaurants and big box retail. City Attorney Matthew Boyle stated, in the current zoning case that is before the City Council, it would be within the City Council's prerogative to straight zone this to CN if that is your desire. City of Colleyville Page 8 Printed on 10/27/2011 City Council Minutes - Draft October 18, 2011 Mayor Kelly requested the Fire Marshal visit the old post office building to investigate the possible storage of chemicals. 6b 0-11-1812 Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 3, of the Heritage High School Addition, located at 5100 State Highway 121, Suite A, Case ZC11-016 Mayor Kelly read the caption of Ordinance 0-11-1812. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for off-premise beer and wine sales located at 5100 State Highway 121 and stated the property satisfies the distance requirements and the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Ruthven stated the applicant said they may not be able to attend the meeting this evening. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City Attorney Matthew Boyle stated the hours can be limited within the context of the Special Use Permit ordinance. Community Development Director Ron Ruthven stated package stores are regulated differently and the state sets the hours of operation and confirmed that any changes to the current operation of the business would revoke the Special Use Permit. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3417 Consideration of appointment to the Tax Increment Finance District Board Mayor Kelly read Resolution R-11-3417 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-11-3417, City of Colleyville Page 9 Printed on 10/27/2011 City Council Minutes - Draft October 18, 2011 confirming the appointment of Mark McClendon to the Tax Increment Financing District Board representing Tarrant County College. Mayor Pro Tem Hart seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Stan Hall, Jody Short, Tom Hart, Mike Taylor Absent: 1 - Michael Muhm 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. James Day, 805 Shelton Drive, expressed appreciation to Ron Ruthven and Jennifer Fadden for addressing a drainage problem on Shelton Drive and spoke regarding water restriction violations. 9. REPORTS: Senior Center Advisory Committee Minutes - July 21, 2011 Planning and Zoning Commission Minutes - September 26, 2011 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 18, 2011 - Reading and Public Hearing - Resolution R-11-3418 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Short moved to adjourn and Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Stan Hall, Jody Short, Tom Hart, Mike Taylor Absent: 1 - Michael Muhm Mayor Kelly adjourned the City Council meeting at 8:45 p.m. City of Colleyville Page 10 Printed on 10/27/2011 City Council Minutes - Draft October 18, 2011 APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 11 Printed on 10/27/2011 ~'~Y~;~ City of Colleyville CityHall CC}LLEYVILLE C~ty CQU~"'~C~~ 100 Main Street Colleyville, Texas 76034 1, F~ a s Agenda Briefing www.colleyville.com Agenda Number 6a Agenda Date 11/01/2011 Number 0-11-1811 Type Ordinance Department Community Development Title Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres on Tract 3A, Abstract 206 of the B.B.B. and C. RR. Co. Survey located at 5300 Pleasant Run Road, Case ZC11-017 Explanation Second Reading and Pub/ic Hearing There were three persons who spoke in opposition to this request at the October 18, 2011 meeting. The total area of the properties in opposition to this request equates to 14 percent. Per the city attorney's statement at the October 18, 2011 City Council meeting, the City Council may vote to approve the rezoning request to a less intense commercial zoning category than the current request of CC1-Village Retail. In the context of the current request, those categories are CPO-Commercial Office, CN-Neighborhood Commercial and PUD-C-Planned Unit Development Commercial. A copy of the Schedule of Principal Permitted Uses in the Land Development Code is attached for reference puposes. First Reading and Pub/ic Hearing John Horobec submitted a request to change the zoning from the AG-Agriculture zoning district to the CC1-Village Retail zoning district on 0.6 acres located at 5300 Pleasant Run Road. The subject property is vacant, unplatted and zoned AG. The applicant is seeking a zoning change in order to increase the marketability of the subject property. Lot Sizes and Widths. The CC1 zoning district requires a minimum lot width of 150 square feet and a minimum lot depth of 120 feet. The subject property contains a lot width of 87 feet and lot depth of 320 feet. Although the lot width does not meet the minimum width required under the CC1 zoning provisions, the area and dimensions of the subject property are considered legal non-conforming under the Land Development Code. The property is required to be platted prior to the issuance of building permits. Surrounding Properties. The surrounding properties are a mixture of office and single family uses. The property to the north is zoned CN-Neighborhood Commercial City of Colleyville Page 1 City Council Agenda Briefing 6a and developed as a general office use. The property to the south is zoned AG- Agricultural and is developed as a private storage facility. The properties to the west are zoned R20-Single Family Residential and contain single family homes. The property to the east is zoned AG-Agricultural and contains a single family home. Development Trends. The development trends in this area primarily focus on office and single family uses. Master Plan. The Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the Future Land Use Plan. Public Notification. Staff mailed notices to 25 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence with regards to this request. There were three persons who spoke in opposition to this request during the October 18, 2011, City Council meeting. The total area of the properties in opposition to this request equates to 14 percent. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the September 26, 2011 meeting by a vote of 4-1. Summary. The proposed zoning change is in compliance with the Future Land Use Plan, which designates the subject property as a future retail development area and is consistent with the surrounding zoning designations. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Aerial 5. Zoning Exhibit 6. Schedule of Principal Permitted Uses - Colleyville Land Development Code 7.Ordinance 0-11-1811 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Davis, Bobby Joe 8304 Old Springfield Pil<e Goodlettsville TN 37072 005313 Pleasant Run Rd Ethridge, Edgar 3324 Dustin Trl Hurst TX 76054 005309 Pleasant Run Rd Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville TX 76034 005301 Pleasant Run Rd Brothers, Lloyd PO Box 45 Colleyville TX 76034 005310 Pleasant Run Rd Figueroa, Robert & Beverley 817 Central Dr Colleyville TX 76034 000817 Central Dr Groffman, Steven Etux Beth 815 Central Dr Colleyville TX 76034 000815 Central Dr Gable, Michael & M A Smith 813 Central Dr Colleyville TX 76034 000813 Central Dr Young, Catherine Sue Est 811 Central Dr Colleyville TX 76034 000811 Central Dr Horobec, John, applicant 1404 W Irving Blvd Irving TX 75061 005300 Pleasant Run Rd Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville TX 76034 005301 Pleasant Run Rd Liberty Banl< 860 Airport Fwy Ste 100 Hurst TX 76054 005217 Pleasant Run Rd D&V Wall<er Famly Ltd # 2 5501 Normandy Dr Colleyville TX 76034 005226 Pleasant Run Rd Liberty Banl< 860 Airport Fwy Ste 100 Hurst TX 76054 005201 Pleasant Run Rd Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000038 Veranda Ln Silveroak Land Company Lp 6308 Westcoat Dr Colleyville TX 76034 000034 Veranda Ln # 210 Winchester, Natalie 10300 Morado Cv Apt 701 Austin TX 78759 000032 Veranda Ln # 110 Silveroak Land Company Lp 6308 Westcoat Dr Colleyville TX 76034 000042 Veranda Ln # 110 Silveroak Land Company Lp 6308 Westcoat Dr Colleyville TX 76034 000044 Veranda Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000048 Veranda Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000070 Casa Ln Silveroak Land Company Lp 6308 Westcoat Dr Colleyville TX 76034 000068 Veranda Ln # 610 Pitts, Rex A Etux Melanie A 66 Veranda Ln Colleyville TX 76034 000066 Veranda Ln # 510 Turner, Lori Etvir Joseph 62 Veranda Ln Colleyville TX 76034 000062 Veranda Ln # 310 Bell, William M III 60 Veranda Ln # 210 Colleyville TX 76034 000060 Veranda Ln # 210 Federal Home Loan Mortg 5000 Plano Pkwy Carrollton TX 75010 000064 Veranda Ln # 410 Public hearing notices were mailed on Friday, Sept. 9, 2011 by Amy Shelley Buffer Map ~ ~~o ~~~ 5df98 ~~4 ~~0 $1 ~ ~ 1 ~ t30 s~ ~{7~ 80Q ~1~] ~~ 8~8 ~13 7~1 e1~ 5 ~21 ~817 513 ~[l9 8D5 ,g~p-~ -- 5~ 12 l12 71~ ' 7ifi 81~ ~~14 816 82D ~ ~ `~ 1' Y L.~~;'' ' ~ ~ ~ ~17 5~1Q ,~ 711 71~ ~15 8~11 $13 ~1~~ 5~Q0 I ~ ~ 5~2~ ~22 ° 1~~~ ~'~;~~~~~~~~~.~ ~~30C7 ~301 ~232. ~~2a.~ ~~o~ 5201 53!d 0 Aerial ~~~ ' ~i~~5 e.~'~~1~ "~~~ 13 ~ . ~. :`~ ~. - . :- ~,. ~_ ~ ~ y ~~ ~. ~ ~ ~ ~. ~. ~ ~~ ~ ~ ~• _ ~ .I ~ ` . f ~ ~~~~ , , ~ , a I 1 _ ~ ~ ~ ,~ G ~f ~'5 ~ ~ v , arrrnnLnu. ~ y ~ ~ 4 ~ rnu.ern~s _ ~ crrr euu: ~ I S~ ~ ~~y ~ e ~ `v 4U' B[TILDING LIN~T -. 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D206357773 D.RT.C.T. xox~n nc AGRtCULT[lRAL W _°o °~ v o~'o O ~ ~ S 89°49'00" W 320.00' D& V WALKER FAMII.Y L,.P. NO. 2 Q85T. Nn. DZ~22flb91 D.ILT.C.'t'. zort~n nc AGRICEJI,TURAL ARE BASED ON THE BEARINGS AS 1206357773, D~ED R~CORbS, OWNER EPICTED IN THIS SURV~Y LIES A5 SHOWN ON THE FLOOD T CO TX, TEXAS AND 39C 095K. MAP R~visEn JOHN HOROBEC 1404 VV~S'F IRVING ~LVD. IRVING, TrXAS 75061 DALi~A,S COUNTY SURVEYUR: WATTFIELD - HALL SURVEYORS REGI5TERED PROFESSIOnAL LA~D 5URVEXdRS 3559 WILLIAMS ROAD, S[IITE t07 FORT W{}RTII,'FEXAS 76115 ~~ R~GISTERE] 3559 FI IL„!f /// / C}ftf- at ifiis plet ~ad~her are n,oT isel I Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special L d U parking C9 Q w ~ 0 ~ ~ 0 ~-, ~ 0 c~, ~ ~n ~ ~ o ~ ~ ~ ~ = ~ O a t~ z c.~ ~ c~ c) c~, t~ t~ r> c~ c) ~ ~ an se Standards or Section Ref. Group A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling p p p p p p $ 8 3 Duplex - Attached Dwelling P 8 2 Townhome -Attached Dwellings p 8 4 Multi-family-Attached Dwellings P 8 4 HUD Code Manufactured Housing p 8 2 Assisted Living Facilities PUD Ollly 2 ~~ Bed and Breakfast Lodging S S S S S S S S 1,8 18 Private (HOA) Recreational Facilities p p p p p p p p 9 5 B. ACCESSORY USES Accessory Building p p p p p p p p p Sec. 3.27 n.a. Carport S S S S S S S S S Sec.3.27.C n.a. Home Occupations Uses p p p p p p p p p 8 n.a. Servants or Caretakers Quarters P P S S S S 16 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school p $ 17 25 Crop Farming p p n.a. Livestock raising and breeding p p 12 n.a. Private horse stables for domestic use p p P S S n.a. Roadside produce stands (year round) S S S S S S S S S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 21 Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 Chapter 3- Land Use Page 3- 33 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Parking c9 Q w ~ 0 ~ ~ 0 c-, ~ 0 c~, ~ ~n r ~ o ~ ~ ~ ~ x ~ O a U z U ~ t~ U c~ c~ U c~ t~ U ~ ~ Land Use Standards Group Solid Waste Disposal Sites $ 24 Telecommunications Towers S S S S S S S S S S S S S S S 3 21 Water Pumping Stations S S S S S S S S S S S S S S S 24 Wind Driven Generators S S S S S S S S S S S S S S S n.a. E. PUBLIC AND INSTITUTIONAL USES Colleges or Universities S S S S S S S S S S S S S S S 12 Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5 Government Buildings, Offices and Facilities p p p p p p p p p p p p p p p 8 Fire Stations / Police Stations p p p p p p p p p p p p p p p 16 Golf Courses - Public Owned p p p p p p p p p p p p p p p 22 Government Maintenance Facilities p p p p p p p p p p p p p p p 25 Libraries p p p p p p 9 Museums p p p p p p 8 Post Office p p p p p p p p p p p p p p p 10 Parks and Open Space Areas p p p p p p p p p p p p p p p 25 Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25 Private Schools - Elementary and Secondary S S S S S S S S S S S S S S S 13 Private Schools - High School S S S S S S S S S S S S S S S 14 Public Schools - Elementary and Secondary p p p p p p p p p p p p p p p 13 Public Schools - High School p p p p p p p p p p p p p p p 14 Religious Institutions p p p p p p p p p p p p p p p 18 F. OFFICE USES AccountanYs Offices p p p p p 8 Chapter 3- Land Use Page 3- 34 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Parking c9 Q w ~ 0 ~ ~ 0 M ~ 0 c.~ ~ ~n ~ ~ o ~ ~ ~ ~ x ~ O a U z U ~ c~ U c~ c~ U c~ c~ U ~ ~ Land Use Standards Group Advertising Agencies p p p p p 8 Attorney Offices p p p p p 8 Chiropractic Clinics p p p 8 Emergency Clinic (24 hrs.) S P P 10 6 Engineering, ArchitecYs, and Surveyor's Offices p p p p p 8 General Business Offices not elsewhere listed p p p p p 8 Insurance Agencies p p p p p 8 Management and Public Relations Services Offices p p p p p 8 Optometrist Office p p p 8 Psychologist Offices p p p p p 8 Physician's or DentisYs Offices p p 5 7 Real Estate Agency Offices p p p p p 8 Security Broker Offices p p p p p 8 Telemarketing Offices p p p 5 Title Abstract Offices p p p p p 8 Trade or Business Schools S S S P 15 Travel Agency / Airline Ticket Offices p p p p p 8 G. RETAIL AND SERVICE USES Alcoholic Beverage Sales -(Beer and Wine Only) - Off-Premises Consumption S S S 13 n.a. Alcoholic Beverage Sales - on-premises Consumption S S S 13 n.a. Package Store Sales - Off-premises Consumption S S S 13 n.a. Alcohol or Drug Treatment Center S S S S S S 24 Antique Stores p p 7 Chapter 3- Land Use Page 3- 35 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Parking C9 Q w ~ ~ ~ ° ~ ° ~ ~ ~ o ~ ~ ~ ~ = ~ a U z U <~ U v C) v U ~ ~ Land Use Standards Group Apparel and Accessory Stores p p 7 Arts and Crafts Stores and Hobby Shops p p 7 Bakery Stores p p 7 Banks, Credit Unions and Financial Institutions p p p 8 Barber Shops, Beauty Shops and Day Spas p p p 10 7 Bicycle Shops p p 7 Book, Stationary or Greeting Card Shops p p p 7 Camera or Music Stores p p 7 Carnivals and Circuses $ $ 24 Cemeteries or Mausoleums S S S S S S 24 Charitable Donation Station S S S 24 Civic, Social or Fraternal Organizations S S P P ~ Convenience Stores with gasoline sales S S S S 7 Copy Centers/Print Shops S S P P P P ~ Dance Studios and Martial Arts Studios S S P P ~ Day Care Centers S S S S S 17 11 Department Stores p p 7 Dry Cleaner Pick-up Stations $ p p 7 Dry Cleaners (up to 5,000 s. f. w/on-site laundry) p p 7 Equipment Rental and Leasing Stores $ p 7 Florist Shops p p p 7 Food Catering p p 8 Funeral Homes S S S 24 Furniture and Appliance Stores p p p 9 Chapter 3- Land Use Page 3- 36 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Parking c9 Q w ~ 0 ~ ~ 0 M ~ 0 c.~ ~ ~n ~ ~ o ~ ~ ~ ~ x ~ O a U z U ~ c~ U c~ c~ U c~ c~ U ~ ~ Land Use Standards Group Grocery Stores p p 18 7 Hardware, electrical & plumbing w/o outside display p p p p Hardware , electrical & plumbing with outside display $ p p Hospitals S S S 24 Hotels and Motels p p 19 Interior Decoration Stores p p p p 7 Jewelry Stores p p p 7 Locksmiths S S P P $ Mailing and Shipping Stores p p p p 7 Meat or Fish Market p p p 7 Nurseries and Greenhouses with outside display $ p p 16 Pawn Shops p 7 Pet Stores p p 7 Pharmacy $ p p p 7 Photography Studios p p p p p p 8 Restaurants, Cafes and Cafeterias p p p 5 Restaurants with drive-in or drive-thru service p p 5 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Shoe Repair Shops p p p p 8 Tailor and Alteration Shops p p p p 8 Chapter 3- Land Use Page 3- 37 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Parking c9 Q w ~ 0 ~ ~ 0 M ~ 0 c.~ ~ ~n ~ ~ o ~ ~ ~ ~ x ~ O a U z U ~ c~ U c~ c~ U c~ c~ U ~ ~ Land Use Standards Group Veterinarian Clinic with indoor kennels p p p 4 8 Veterinarian Clinic with outdoor kennels $ p p 8 Video Rental and Sales Stores p p p 7 Wedding Chapels S S S 24 H. RECREATIONAL AND ENTERTAINMENT USES Adult Entertainment Establishments See section 22-5 Code o f Ordinances 5 Amusement Centers (indoors) $ $ 24 Archery and Firearms Ranges $ $ 6 24 Billiard Parlors $ $ 17 23 Commercial Recreation (outdoor) S S S S S S 24 Fitness Centers p p p 7 Golf Courses - Privately Owned p p p p p p 22 Golf Driving Ranges p p 22 Miniature Golf Courses p p 20 Roller or Ice Skating Rinks $ $ 24 Theaters p p 7 18 1. AUTOMOTIVE AND TRANSPORTATION USES $ $ 17 23 Airports and Heliports S S S S S S S S S S S S S S S 24 Auto Alarm / Stereo / Window Tinting Stores p p p 13 7 Auto Lube Shops $ p p 13 9 Automotive and Motor Vehicle Sales S S S 13 8 Auto Parts and Accessory Stores p p p 13 7 Auto, Truck or Trailer Rental $ $ 13 8 Chapter 3- Land Use Page 3- 38 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Parking c9 Q w ~ 0 ~ ~ 0 M ~ 0 c.~ ~ ~n ~ ~ o ~ ~ ~ ~ x ~ O a U z U ~ c~ U c~ c~ U c~ c~ U ~ ~ Land Use Standards Group Auto Upholstery Shops p p 13 9 Auto Parking Lots and Garages (free standing) S S S S S S n.a. Auto Repair Shop S S S 13 9 Boat and Water-craft Sales and Service S S S 13 8 Bus or Passenger Train Stations S S S S 24 Car Wash (self service and automatic) $ p 9 Commuter Transit Stations S S S S 24 Gasoline Service Stations $ $ 13 7 LPG / CNG Dispensing Stations $ $ 24 Motorcycle Sales and Service $ $ 13 8 Paint and Body Shops $ $ 13 9 Park and Ride Facilities S S S S 24 Railroad or Motor Freight Terminals S S S 24 Recreational Vehicle Sales and Service $ $ 13 8 Tire and Battery Stores S S S 13 7 Truck and Heavy Equipment Sales and Service $ $ 13 8 Vehicle Storage Yards or Facilities S S S S 24 J. HEAVY COMMERGAL, INDUSTRIAL & MANUFACTURING USES Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24 Appliance Repair Shops S S 8 Building Material Sales with outside storage $ p 7 Commercial Laundry $ $ 24 Contractor Office with storage yard $ $ 24 Chapter 3- Land Use Page 3- 39 Colleyville, Texas, Land Development Code Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Parking c9 Q w ~ 0 ~ ~ 0 M ~ 0 c.~ ~ ~n ~ ~ o ~ ~ ~ ~ x ~ O a U z U ~ c~ U c~ c~ U c~ c~ U ~ ~ Land Use Standards Group Contactor Office without storage yard p p 8 Electronic Assembly or Manufacturing p 25 Exterminator Shop $ $ 24 Food Packaging and Manufacturing $ 24 Furniture and Cabinet Manufacturing p 25 Office Showroom p 25 Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24 Plumbing, HVAC and Electrical Trades Shops p p 8 Printing and Publishing - Commercial p 8 Plumbing, HVAC and Electrical Trades Shops p p 8 Printing and Publishing - Commercial P 8 Research and Development Labs p 8 Scientific Instrument Assembly and Manufacturing p 8 Self Storage Facilities (mini-warehouse) $ 24 Upholstery and Furniture Repair Shops p p 8 Warehouse and Distribution Facilities S 24 Wood, Paper or Leather Products p 25 Manufacturing not elsewhere listed $ 24 Welding or Machine Shop p 25 Chapter 3- Land Use Page 3- 40 ORDINANCE 0-11-1811 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON TRACT 3A, ABSTRACT 206 OF THE B.B.B. AND C. RR CO. SURVEY, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE CC1-VILLAGE RETAIL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC 11-017; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-11-1811 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Tract 3A, Abstract 206 of the B. B. B. and C. RR Co. Survey, from the AG- Agricultural zoning district to the CC1-Village Retail zoning district, as depicted in the attached Exhibit "A" and is described in the attached Exhibit <<B„ Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-11-1811 Page3of3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map F~,~ - dL'c A17 7C0 ~"~ _ ~-;='g P~- ~C e'r 31~ 3G3 ~~-4 '+U!~ ~ ~.~ ~ ~ 3~~ 811 G13 JC~'~ ~,~ ~ 421 8-.~ •13 '.~F _.~[ `.7~ -i° aia ?ie e;~ aia ~i~ ~~t~ CN $It2 f13 . F319 818 E:15 • ~~ + + ~ 2~ e,o, ~"1E Fn r ~ ~10 `4!]~~ Fe]c ~~ ~. "413 ~c.C; :4Q0 CCl !/ _~ _ ~~~ ~~'~ =.a;, ~~ ~.~„ c. xr~~ ~i ~r ~ ~~/ s3.~s, F3p' / r ~ AL3 ' 5 ~'G7 52' S;~7 ~` -- - - "'"' ~.~- i7~~111 E21' . . 1':D6 . r { _ " J~L_L_4 ~ `A~~ ~ ~ ~ i~ ~2;1] r s'`'Li ~ 1_ ~ ~ ~ - 11Ca -' °~C1 :166 5199 ~ ~ 11J5 7 ~' ~.}C,i~ 51=1 '1~~4 .lf'8 :17 ~ ` 9':74 ~~ ~ J~ ~ /~I F, =.t._ ~~ EXHIBIT "B"- Legal Description ~3~I~ifi ~(~.6a9 a~re irac~ ~f lar~d in ~e B.B.P,. ~d ~. ~.a~lr~a~ Co. Sr~r~fey, A.b~ts~ct N~inber ~0~, ~~°t~uat~d in T~rr~t ~~unt~r~ '~°~x~~, arid ~~ir~~ ~1 c~~ tha~ ~~r#:~ir~ tra~t af land d~~crib~d i~ dee~d ta~ J~~ ~~r~i~~c, r~~~rc~ed ir~ ~r~s~t-ument ~-~. T]~~4535~7?a, ]~~~d R~~~rcis, T~rr~t +~c~r4u~t~, ~"~x~~. T~~ b~.aruags ~'or this d~scripti+~n are b~ssec~ v~ the b~~rings as they ~.pp~~r ia~ ~~. 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' ~r~d ~'~~f+~s~ic~~al Land '~uiv~y~r ~• ~ -~~~' ~ ~~~'~~ t~ ~'~~~~ ~~~1S~I'~~1q13 ~{]. ~~ ~ ~ aaH~ir+y p c.. tivis'.i.i .RS~, ~ ~`~ dR~B ~~'[; S S i~ .~~'~ 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 ^opposition Agenda Item Number: Name: ~{ OrdinancelResolution Number:~_ ~~~1 ~ ( `~ u~l-E-r~~l ~ ~~ ~ ~ Stat ~.~~_ Z~p Code: City: Telephone Number: - presenting: - (organization/self) 1 understand ! am limited to speaking for five minutes. For busin ' ed on the agenda as a Public He City Council will not respond in accor nce with t Texas Open Meetings Law, Cha ter 551 the Texas ocal Government Code~ _F ~ ~, ~ __. . _. ~~ ~ 1 Signed: , , ' ' ' " ~ This information is a Pub Record. i~ - - Date: SPEAKER CARD I wili speak In Support of this item. 1 will speak In Opposition to this item. ~ I do not wish to speak, but please record my: ^support ~opposition Agenda Item Number: (~Q CL Ordinance/Resolution Number: Name: I,~Q tl~J1 ~~-A--a {~ ~` ~ (~ (~l `~ Y't: U~ Address: ~ , ~ r~~Y •. ~' ^~ f, n m ~. ( ~' ~ C~~ `~J City: ~~~' v~` ~ ~'. State: ~~ Zip Code: 7~~~~ Telephone Number: ~ 1~ 7~6 ~~/!~ boL Representing: ~ Q-'~ (organi tion/selfl 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meefings Law, Chapter 551 of the Texas Local Government Code. Signed: ~Y.~~ ' ` ~ L ~t; v ~ is infor a on is a Public Record. Date: SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. ~ I do not wish to speak, but please record my: ^support opposition A Agenda Item Number:~~_ Ordinance/Resolution Number~~( (' [~~ Name: Address: ~.--,. . City: State: ~,_ Zip Code Telephone Num er:~ I~~ I~O~~O Representing: 7~,0~`~ (organization/sel~ 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Neariryg~, City Council will not respond in accordance with s Open Meefings L~, Cha~te~5 of the Te~as Local Governmenf _- ~ , ~ ;: Code. ;,-' ,..-,-_.-- ! Signe¢:.~ . ~~ ~, :` , ~ L;l~ ~'~ This in ormation,:~s,e Public Record. Date: I l/ 1 /~ 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 pposition Agenda tem Number: ~'~ ` Ordinance/Resolution Number:~J Name: ~ ~~e~ C~..rnrt ~.,~.- ~ ~~ .~ 0 City. ~' ~ State: ~_ Zip Code: t~~~ Telephone Num er: ' ` E ~~senting: (org iz tion/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council wil! not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. / ~'.~ ._..__ ~/ , i D / _ , ~/ __ Signed: This information is a Public Record. Date: ;'/-- ~ i // SPEAKER CARD I will speak In Support of this item. ~/ I will speak In Opposition to this item. I do not wish to speak, but please record my: ^support ^opposition ~p Gt- Agenda Item Number: ~ Ordinance/Resolution Number: ~l~ r- ~2~~ Name: ~~-c~ ~,2 ~- ~~ Address: ~~7 C~ it/~+` i~ c~- L ~ v' City: Ca -(~ .~Ar ~~-e _ State: ~ Zip Code:~~~~ Telephone Number: c°/~- 7f~4°-4~4~c~~ Representing: ~ (orga ization/self) 1 understand l am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. !1, , /~ ,- _ _ Signed: This information is~~ublic Record. Date: SPEAKER CARD I will speak In Support of this item. ~I will speak In Opposition to this item. I do not wish to speak, but please record my: ^support ^opposition Agenda Item Number: ~~ Ordinance/Resolution Number: b~~~''~~ Name: ~ ~ ~ /~ '" (s ~ c? F ~ ~ ,4rv Address: ~ l ~ C~~ 7. ~ ~ ri ,. -P City: C~ l~~'7'~ %~/~ State: ~~ Zip Code: ~~' "3 ~ Telephone Number: ~~75~~~~~`} Representing: S'~~~ (organization/self) 1 understand I am limited to speaking for five minutes. For business not /isted on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. ~ Signed: ~ Date: ~ r1 ~ f SPEAKER CARD - ~ i will speak In Support of this it~:m. I will speak In Opposition to this item. I do not wish to speak, but please record my: ^support ^opposition Agenda Item Number: Orc~inance/Resolution Number: Name: ~ c~ `~ ~~~~-~ Address: \ ~S Z.1 'M2,~ ~c~-t _7 0 City: ~c~ ( ~ ~ ~Q ~. ~ ~4- ~tate: ~_ Zi~ Code: 1 ~~~I p (1~~-~ ~ 1 ~~~ 5 Lvoo ~,°o ~~10 ' Tele hone Number: ~ S' Representing: (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with t Texas Open Meetings L~+w, Chapter 551 of the Texas Local Government Code. .. ~ ~ ~ ~ ~~~ ~. Signed: 1/ ~1~~~4 ~Sl~~. ~ ~1 ~~'V1Ils_~~L This information is a Public Rec ~'~Y~;~ City of Colleyville CityHall CC}LLEYVILLE C~ty CQU~"'~C~~ 100 Main Street Colleyville, Texas 76034 1, F~ a s Agenda Briefing www.colleyville.com Agenda Number 6b Agenda Date 11/01/2011 Number 0-11-181Z Type Ordinance Department Community Development Title Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 3 of the Heritage High School Addition located at 5100 State Highway 121, Suite A, Case ZC11-016 Explanation Second Reading and Pub/ic Hearing There were no speakers regarding this request at the October 18, 2011 meeting. Per the request of the City Council at the October 18, 2011 meeting, staff added the current hours of operation for the business (9:00 a.m. to 9:00 p.m., Monday through Saturday) to the proposed ordinance. First Reading and Pub/ic Hearing Tania Crawford, on behalf of the Sunflower Shoppe, submitted a Special Use Permit (SUP) application to allow beer and wine sales for off-premise consumption in the Sunflower Shoppe facility located at 5100 State Highway 121, Suite A. Zoning. The property is zoned CC2-Shopping Center, and the sale of beer and wine for off-premise consumption is allowed in this zoning district with the approval of an SUP. Off-Premise Consumption. The applicant is requesting to sell alcoholic beverages that include beer and wine. Liquor sales would not be permitted. The Sunflower Shoppe is a retail store that sells mostly grocery items including natural foods, beverages, vitamins and pet foods. It currently occupies 11,648 square feet in Suite A of the larger 16,848 square foot multi-tenant retail building. The German Deli was approved for the same request by Ordinance 0-10-1751 by City Council on June 6, 2010. The German Deli is located adjacent to the Sunflower Shoppe in Suite C and occupies the remaining 5,200 square feet of the building. The German Deli sells mostly German foods, beverages and gifts. Business Information. The store hours of operation are Monday through Saturday, 9 a.m. to 9 p.m. The owner has submitted a site plan and floor plan for the existing lease space. City Council Agenda Briefing 6b Staff has not added the hours of operation or the floor plan to the proposed ordinance. On-Premise Consumption. On-premise consumption of beer and wine would not be permitted on the property and is prohibited by state law. Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville Code of Ordinances requires that businesses that sell alcohol be located at least 300 feet away from churches, public and private schools and public hospitals. The property satisfies this requirement. Master Plan. The Colleyville Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the future land use plan. Surrounding Properties. The property to the north is zoned CC2-Shopping Center and is developed as a restaurant. The properties to the south are also zoned CC2- Shopping Center and are developed as a grocery store and retail center. The properties to the west are zoned CPO-Professional Office and are developed as offices. Public Notification. Staff mailed notices to 24 property owners within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Staff received two letters of opposition to this request from property owners within the 500 foot notification. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the September 26, 2011 meeting by a vote of 5-0. Summary. The proposed SUP would authorize the sale of beer and wine for off- premise consumption, but would not permit sales of beer and wine for on-premise consumption. The property satisfies the distance requirements from churches, public and private schools, and public hospitals. Financial Impact There is no financial impact to the City. Recommendation Approval with the following conditions: 1. This Special Use Permit shall only apply to the use of beer and wine sales for the purpose of off-premise consumption. 2. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. City Council Agenda Briefing 6b Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Letters of Opposition 5. Aerial 6. Statement of Planning Objectives 7. Business Information 8. Site Plan 9. Floor Plan 10. Ordinance 0-11-1812 Location and Zoning Map ' s~~~a ~ ~ ~ CC2 .s ~ ; N .`f 5i _ ~21= ~1='1? ~ a . .~ = 'S ^^ _ _ a.Q~b~C [ i ~ ' - ~ J [ ~ jGV~J .5~..~I . } . } . ' r . ~,~~.'~ ~S~u~J 4~ ;.5 ~~ 4 ~ ~ ~ ,~ z~s Site ; v,,,; =~ ~y, - .. ~*,.' ~?~ '.3G 4 ~ '3~ 4.' " 3 ~ ~ PUDR 7 5 52!~~ `~~~ a~~~ ~~d ~~a S, . -~ 511= ~ '~ ~0 ;~ ~~u~q ~1`~] ; T_, s1C~:] ~~^'C ~~^,' ;jrt ~11C~ CP 4'i0~ cN ~ ,~ ~ - ~u5. ~.7'~ 1 4+7~~ diJ~J~ -',.15 1 ~?:, E-1 L~0 .~ ' ~i J ~ ~~"~~~ Si~F.'~ SC~~]? 4G ~7~J9 ~~'S1 ~ `~U~~ i ~11 ~;, '-- 50~4 ~,~~f~0 " ~ SCa.f j~]G~ ' V q Cl-.: ", s ~ so~2 (1~ ~ *,' - ~ C .c~tea _~a.7 su2. ~il~'~ ~q'; ~ ~ ~ •` 'kJ . 3~3~ C 2 ~„~~4 ;iL57 ~~~~~ ~~L~'17 \.r ~al:~~ :;C~~~] ~~ I C C ~ ~[1'~~ SO~C ~n:5~ ~,~~~; = i i f SC~n~7 _:,.E~ ~03' ~ SCIl71 ~L~13 :~54 :,r^? Ogn 353~7 i _ 3~y~ ~ # .S~i.~,A, J~7~^, ~L~~L J ~ 9 ~'d1~~~ .70~v ^ ~ ~~ {"~.-.• • • ~~ ~ ~._~-ru ~ ~~ -~. ~ Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Grapevine-Colleyville ISD 3501 Ira E Woods Ave Grapevine TX 76051 005401 Heritage Ave Old Badger Ltd 4214 Gateway Dr Ste 100 Colleyville TX 76034 004214 Gateway Dr Jr's Steakhouse II Llc 5220 State Highway 121 Colleyville TX 76034 004204 Gateway Dr Sekin Family Holdings Ltd 634 Regency Xing Southlake TX 76092 004215 Gateway Dr Dfw Wnm Ltd 7321 Commercial Blvd E Arlington TX 76001 005100 State Hwy 121 Ayers & Ayers Plaza Ltd 4205 Gateway Dr Ste 100 Colleyville TX 76034 004205 Gateway Dr Tal< Enterprises Inc PO Box 171676 Arlington TX 76003 004012 Gateway Dr Mills, Gary W 305 Augusta Ct Southlake TX 76092 004201 Gateway Dr Empowering Life Ch Interna Inc 2909 Hwy 121 Bedford TX 76021 004113 Gateway Ct Gateway West Group Lp 1452 Hughes Rd Ste 200 Grapevine TX 76051 004209 Gateway Dr McMahan Real Estate Llc 6105 Tiffany Oal<s Ln Arlington TX 76016 005120 State Hwy 121 Insight Capital Realty Co Ltd 4101 Gateway Dr Colleyville TX 76034 004101 Gateway Ct Smile Masters Ltd 4013 Gateway Dr Colleyville TX 76034 004013 Gateway Dr Ronald Walker Associates II 4009 Gateway Dr Colleyville TX 76034 004009 Gateway Dr Klmm Ltd 4109 Gateway Ct Colleyville TX 76034 004109 Gateway Ct Margmatt Ltd 1513 Michael Dr Bedford TX 76022 004105 Gateway Ct Bradford Commercial Properties 3209 Walker PI Grapevine TX 76051 005100 State Hwy 121 Abs Tx Investor Lp 250 Parl<center Blvd Boise ID 83726 004000 Glade Rd G Points Sc Ltd, 101 1St St Ste 476 Los Altos CA 94022 003930 Glade Rd G Points Sc Ltd 101 1St St Ste 476 Los Altos CA 94022 003930 Glade Rd Tsai Global Llc 28620 Matadero Creek Ct Los Altos Hills CA 94022 005000 State Hwy 121 Rcc Heritage Glade Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 005025 Heritage Ave Rcc Heritage Glade Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 005017 Heritage Ave Hall, Charlie W Etux Helen F 4200 Glade Rd Colleyville TX 76034 002100 Glade Rd Tania Crawford, applicant 5100 SH121, Ste. A Colleyville TX 76034 applicant Public hearing notices were mailed on Friday, Sept. 9, 2011 by Amy Shelley Buffer Map ~ ~~i~ ~ ' ~ ~ ~ ~ az~a ~z,~ ~ ~ hza~ ~~~ ~~~ g 52~5 ~~ ~' ~ ~1 ~ 4215 42~ ~~ 0 ~r' ~ ~~+~ 4201 ~" ~Vi? , / ' 3 52C11 40017 A~44 400€~ ~ ~^~~ 1 ~~^~~~ ' +~ ~ ~ 1~- 4~Q~J ~ ~ 512~ ! 4145 ~50~1 4~05 ~Q9 d013 41U5 5'101J 1 ~ 502'I 51725 ~ ~i ~ i 5017 _.....__ _ _ _ ~000 5[]0~] 5413 9~4 ~ 39th8 3920 ~PB~ Letters of Opposition AYERS 8~ A1~ER~ Attor»eys ~rr-d Cc~unselors Ayers Plaza 4205 6ateway Drive, Suite 1t10 Ccalleyville, Texas 76C134 {~1?}267-9~9 {817}318-p663 ~facsimileJ September 1fi, 2~011 Cammunity Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Zc~ning Case NumberZC11-0'Ifi Dear Sir or Madam: I am writinc~ as a busines~ owner and owner of real properCy within 500 feet of 510{] SH121, Suite A. 1 am oppc~sed to the application by Tania CrawFord for a change in zoning to allaw a Special use Permit for off-premise alcohal sales. There already are several establishments in #he immediate area who sell al~ohal for both on-pr~mise and off-premise sale. Based nn #he prc~ximity flf M~, CrawFord's property ta my business, the already alcc~hc~l-saturated retail area, and Cc~lleyvill~ Heritage High S~hool, i~ is my befief that Ms. Grawford's app~ication should be deni~d. Yours_~uly' ~~'' ~ f ~` ,~ - r~,i~~iathan P. Ayers FtECEIVc t~ ~EP ? (~ ~Q11 Per ............. ~ec~~~~zer~ for ~~ee~~~, ~~~~~~~ ~~~ ~~~~~ ~ ~~ ~~ Ind~epend~ent ,Sc~iovl ~~istrict 3051 Ira ~. Waods Avenue Grapevirte, TX ~605 I 8 t71=~s8-9588 ~tsTxa ~ 17tas ~ -ss~s September 19, 2011 To whom it may cc~ncern: Calleyville Heritage High Schvol and Grapevine-Cvlieyville Independent Schc~al District submit this letter of protest to the applicatic~n by Tartia Crawford to change zoning for the CC2-Shc~pping Center at 5100 State Highway 121 to include a Speeial Use Permit for off-premise aleohal sales. The zaning case number is ,ZC 1 l-016. Colleyville Heritage High School serves appraximately 2,200 students ages 14 to 19 in grades nine through 12. The shopping eenter in qu~stian is not only within 500 feet c~f our school property line, it is directly in the path t~f students fram the southeast portit~n of c~ur schaol a#tendance zane whc~ must pass by the business to get to and from school. The marketldeli se11s foad, snacks, and refreshments that our students may purchase. Research has shown that yaung adults are 50 percent more fikely to drink alcc~hvlic beverages when exposed ta high levels of alcohol advertising including in-store displays (Marin Institute). ~dditionally, the Natianal Research Council confizms that alcohol is the No. l substance abused by youth in the United States and that advertising, including in-store displays, plays a key factor in underage drinking. GCISD has a comprehensive substance abuse awareness and prevention program, and we partrier with our local pc~lice and community to equip aur students with the tools to make gaod ehoices for their safety and well-being. The district formed the Cc~mmunity Awareness and Ris~C Education Coalitian (CARE Coa~ition) to involve the broader ~ommunity in planning and implementing preventic~n strategies to safeguard GCISI~ yauth. The Cc~alition includes representatives of all sectors ofthe community, in~luding busin~ss, who wc~rk to educate students and parents about the prevalence of yc~uth substance abuse and prevent abuse and its related consequences. We do not believe it is in the best interest af our students or aur scht~nl community for a store in such close proximity to our schc~ol ta be allowed tt~ seli beer and wine fQr off-premise cansumption, Thank yau for your cc~nsideratian. Sincerely, ~`" ~ 1'~"~ Becky Prentice Principal Colleyville ~-Ieritage High Schc~ol Patti Davis Executive Director of Administration Grapevine-Coll~yviile ISD .., ~ , i~ y • ~ ~ - - ..{ ~ ~ ~~~~ , , ' . ~ . ~ v '~ ~ ~~ ~ -_~ ~~ ~~ ~~ ~~ ~ ~ . 4 ~, - ~ ~ ~ ~+ ~__ '~~~ . ~ .~~ ~ ~ ~ ^ ~ ~ ~ ~r ~ "~~ ~ ~ ~ ~ +~ i' ~~ ~' ~ - ~ ~i G ~' ~, ~ .' -; ~ ~..,- - - i: ~ - _ _, ~~, ~ ~ V ~? '~ } " 'I + . ~ '" ~ . ~ ~ ~ ~ ,~ ~ . ~~' ,. ,Y ~, ~~ . ~ i . D c~ ~ ~' Statement of Planning Objectives ~1{a{} State Huvy 121, Suite A•Colleyville, Te~s 7fi054 817-i3~9-91 f10 Fax $l~~u~J-990~ ~Vebsite: suuflow~rshoppe.co~ Statement af Furp~a~se ~unflower ShQp~~, locall~ c~wned and c~~~rated b~ the third generatic~n c~f the Bradfc~rd family, is Tarrant County's premier natural foods and ~it~min stc~r~s since its inc~ptian in 1~70. ~s a fixture in th~ Tarrant ~c~unty ~~ea, Sunflc~u~er ~h~ppe has two ~~catic~n~, one in Fc~rt t~u'orth and anc~ther in Ct~lley~ille. It has ~Tc~n countless accolades in the highly ct~mpetitive natur~l foods industry as a leading independent retailer. t~e are passionate about our fami~y legacy and equally passic~n~te abc~ut helping c~ur p~trons lea~ a healthi~r life, ~s ~~ell as fulfilling their in- dividu~l requests. A.s mc~re c~f c~ur customers u~~ Sunflc~u~er Shc~ppe as t~~ir primary~ grc~cery stc~r~, many have asked that we sell cc~nventi~~al ~rines as well as local} organicx andlor sulfite -fr~~ wines. It is our inten~ic~rt to meet this ne~ed by prc~viding a~ variety af wines in ~pproxi- mately 35~ square feet of floc~r sp~ce within c~ur 11,85t~ s~u~re faot ~tare. ~t'e estimate sales of packa~ed wine at our facility to b~ about ~C~,0~0~1. Business Information 51~t} State Hwy 12I, Suite A~Ccalleyville, Texas 7IX~1~554 8i 7~35~9-~2 OQ Fax 817-3~9-~~~ Website; sunflo~~rshogpe.com Sunfl~ower Shvpge FACI' SHEET History HealthY ,A~Prc~ach Market w~ found~ed ~ctober 18, 19~3 by Rick and LaVonne Sradford. They maved the thriving stare fram G1ade Road ta its ciurent 14catian ~n J~Iy 5, 2000, Healthy Ap~rQach Market was renamed Sunflower Shoppe in 2008 so that it would be a~1.i~ted by cc~nst~ner6 v~rith Sunflower Shogpe in ~'art Worth, also owned by the Bradford family. Employees S~#lower Shoppe employs about 18 fiull-tarne and 6~~rt-time peaple ye~r-round. Sixe of Store Appraximately 11,850 square feet and over 1~,5Q0 products Basfness In 2~1~ the store had over 141,U0{~ tr~nsa~ctians vv~ith appro~mately ~5,4~t~,~Gi~ in sales. Tra~ttsackions What we Vitamins, natural foc~ds, gluten-free f~ds, refrigerated foods, frozen fo~, ~airy pra~ucts, meats, bulk Offer foc~ds, pet faod, ethnic food, baking items, sn~ks, beverage~„ persanal and beauty care (HBA) ~nd mare. ~t~~t~nmers Appro~nately 30°~o c~f aur patrans are f~om Colleyvi~l~ and Grapevine. A.bout '70°~0 of onr custamers from ~~j~ent cities ~HEB, K.eller, Sout~zlake, etc... ) and ~aunties (Dallas, I~enton, etc... ~. Gener~]ly, our custQmers ar~e ~ga 4~+ -w~ith 65% af` them beitl~, female. The S~nflawe~ Shoppe shapper is inte~e~ted in natural an~ organic gra~ceries and supplements, includisig vitarruns, frozen and refriger~te~ foods, trulk foc~s, dairy prc~ucts, health and beauty products and gluten-free prc~cbacts. ~4?h~ doe~ ~uitflow~er ~hoppe want to s~ll wlne? In short, th~r~e reasans - c~~amer demand, convenience and cornpetition. The demand and re- +~uests from ~sur custamers for camrentionai an~ specialty w°ines has iti~r~eased si~;ni~icantly and cc~ntinues tc~ grow stead5ly. Additionally, as Sunflower ~happe is becom.ing the prirnary, one-stap graceiy stc~re for many af our customers, a wiste cate,gory would row~td aut ovr selection to reflect what rr~ny grocery stores offer. We strive siso to be competiti~e with our c~rntemporaries. There is a grow~ng t~end in the natural f~ds in~ustry ~,nd with our competitors to offer wine. We strive ta ~re competitive with our fellnw nattu~al foad retailers in all product categories and offering w~irfe give us a competitive e~ge. SITE DA ~A TABLE VROVO5E0 u5E'. ~EiAIL ZO~IiNL: CC-2 / O<CUPFNLT: 3-2 )~ ` /~ ~t, CONSIflUCPGN fYPE'. IYGE I HR ~AIE ~~~(/ ~//'~~ SPRNx ERED: YES IN PE f P ~p ,~ /~~~~~~./ LOi aftEA- 2.02} qGqES tll )60 50 f f /~c~/.i~ BuLD~~GHEiG~~!_ 26' 6'/tOnFR 59' i0" ~ ~ ZONED CC2 eu~o~w saE ze,5oo sa Fr VACA~~.~ PAftMiN. flEOUiNfO: ~~3 PnRrciriC P0.0NDE0~ ~Z~ fkONl. 8s REnR ~} HnrvDiC~~P PnRKiNC nE~UiRED: 5 MANOICnV PnkNINC PPONDED: 5 ~ Remainder of Tract 1, Volume £3962, Page 109 z a e~~~o~NC co~c~ zoa ~-' Z N Z.O > OF PANNC COV£R 6~> N ~O.O x Of OPErv SPaCE 20~ NErc Enp N ~ Ew 24 ~ a ~ as.3 ioza I iso.o ~_ ~ ~_ ~i.a ~ iao.s ~ ao.o `/~o r- ~~ N 89'S5'17"E 568.86' _ 7 ~,. ~ fl~~~,,~QOO~~ ~o J ~ ~ 9.0 0~ T~ '2M1.0_ 18 0 ' new z.' ecv ~ O ~ ^ __ I_~~ I I /,_--_~_-_- _ ~r sz svnccs .---------~--T.P. Cc L Esmt. 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Block 1, Glade Points - Phase 1 Riro~ 584 6 ~ F, L, ~ 'rJ7 . a6 AEUOVE ExSt. SNEtt En0 ~ O O ~ ~ ~ ~ E~~'~~_~E I ` AUG12LU1h CITY ~F CC7LL~~fVILLE !BY B_ U~LpING DEPAR~ YIVIENT ORDINANCE 0-11-1812 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 3 OF THE HERITAGE HIGH SCHOOL ADDITION LOCATED AT 5100 STATE HIGHWAY 121, SUITE A, BY AUTHORIZING A SPECIAL USE PERMIT FOR BEER AND WINE SALES FOR OFF-PREMISE CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC 11-016; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-11-1812 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map by authorizing a Special Use Permit for the sale of beer and wine for off-premise consumption on Lot 1, Block 3, of the Heritage High School Addition located at 5100 State Highway 121, Suite A, as depicted on Exhibit "A", Exhibit "B" and Exhibit "C". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1 ~FniFRni a. This Special Use Permit shall only apply to the use of beer and wine sales for the purpose of off-premise consumption as described in Exhibit "B" and depicted in Exhibit "C" of the existing 11,850 square foot area, Suite A, on the subject property. b. The hours of operation for this business shall be as follows: 9:00 a.m. to 9:00 p.m. - Monday through Saturday c. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. d. All requirements of the Land Development Code shall be met, except where amended herein. Ordinance 0-11-1812 Page3of3 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 day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map • 5:'0 I I ~ I ~ ~~~ ~ ~,. ~ ~, ~~ =21-4 d'.,k _ i I ' .,Iu= ' ~ ~ ~ =, c.e x rx :~ ~~ ... i;=~1 __. ~ ~~ . . [ - J~H ~7 ~. ~~ J{i'fl'a~ ~1L'G.S ~ ~~. j = L ~M `~'~ , i : ~g ~, ~-~~'- ~ ~'1 ~~ _.. .~` ~ ~ ~ ~ ~ s-- ,.. ~ - ~ ~ $~+i L.~ ` ~~ '~`' ' "[]~ -_-._ ~~c7 ~~~a ~o-~a~~~:5 ~ ,~ ~ ~~'~~_j ~~ -r.~' . i ~ I F: ' ~ 11~ y ~ ~,~ ~ ~~~ ~_-~y ~ iCJ~ I l - ~ ,'~~o 5 ~ .. I ~ ~ r'. { ~,,.. :... l.c . ~-. . . ~I~ .'~',"~ l .~ ~~, J1~~ ~P ~ '~~~3F ~ . ~~ J i -. _i . .l~_`. .S~~7y Gu~v f ~ f ~ 'y`~-~ ~1h ~iio} I f~ TI'~-, ~,~}] `....,~+;~ s i ==a- ~ ~.r _ ~ ~~'.~iJ ~ .. ,~,941 . {~;y ~~il .`I ..: ry.it;~ r '~ ..: ~ a4~F~4 ~ ff~C' ~ =~'`~ . ~°~ ry ~ ~„ ~ c .- ~ 4 -}4 ~~ . (~ .Ci{r3 54:" =~+_'c ~ ,i~] ; r~d - ~ , :~ ~ ~ ~ . . . . r~+ ~' i' Lr ~ s^~1' ~a_, ,~,r :aa ~"C6 ISUir .~a 5} ~. +ll~l: ~J'::3 li-4 f ~ 5r t; III~ ~ Cen_ ~S ~J. Ir ~~UI _~a~~ .~.uC'~'J J~hv ~~ ~_~_ I -A J "` :'-~: ;4~ 42C~i - i . ~_ _ . ~ ~ app4 - i _ :ir3~:i ~ ~ -~~~ . - ~~ ~ Exhibit "B" - Statement of Planning Objectives 51CXf $ta~te ~~sry 121, Suite A {:alleyville~'I'ex~ "5Q74 81 r~99-91470 ~'ax 817: 99-99~9 ti~Y'P.~JSJE~C: 61F71~4PFGfS~79Fi#7C.COII] Statement mfPurpo~:~e ~uriflo~~er Shc~p~, l~ca~i~' nu~ned an~ o~erated b~,° the tt~ir~i generat~nn nf the Bradfor€i farnily, is ~'arrant Cdunty~"s prernier nat~ral foo~is and vi€~nin stores since its in~:ep~io~ in 197~. As a fixtur~ in tk~e'I'arrant ~nunt~f area, Sunt7nwer ShQp~e h~ tw~ l~cations, an~ in P~rf l~~~at-kh an€~ an~ther in Colley~'ille. It ~as t~°c~n ~nus~ttes~ tscc~olades ir~ the highly c~smpetitive natura~ f€~ods industry as a leadiz~g indep~ndent retailer. '~+~ are p~sic~r~a#e ah4u~ q~r familv le~acy ans~ ~yt~ally p~ssic~nate about. hel~ing aur ~atrans le:ad a healthier life, as u-e11 as ful#it~in~, theix in- e~s`~idual requests. As mare ~f aur crasto~ners use Sun~flal~er Shappe as their p~imary ~roc~ry store, many &~~r~~c as~e~i tha~t +~~c s+~Ii cos~~fenti~n~l rx.~ines as w~ll a~s lt~eal, argar~ie, ~ndl~sr suliit~ -free w•~t~zs. Il is vur inter~~ion ~c~ ~z~t this need i~y pro~,rtdi~g a va~ie~y~ o#'r,~Tines itt appxv~si- rnatel~~ 35~J square feet offl~or sp~ce within aur 11,85C~ squ3re fnot sta~e. ~~le ~estimate sales c~f' packa~ed wine ai our facility° tn ne abo~t $~~>~~0, L~.!'~ ~ " ~~. ~ ~~1 P~1 f , - ~ C~~ ~ .,~- ~~ ~ ~0~1~,1 ~r~ ~Sxfr. fSEV.E ~xe NI +I• ~`~~~ ~~ ~ x ~+.+~.w~,>f -r . ~ ~~;~ ,.. . e,3.. ~ .~ '+rp~x w.. ._ q~~.. . .. r, , Y ~ a ~ U ~ t ~ W ry~ a ~~ w .~~ ~' F ~miNCT +J~ T.~I: I, NsFlm~ d'Jfi~, Po~ I;Ip ~_ ...-.~ IA40 -__- , TI !IQ 9 . • _ a~,l-~ ~}.~~ • ~ ~ _ ~~ s, s~. ~ } s _ , ~ ~~ ! v ._ ry .~ w, ~ 3 .r ~h ii ; i -- xia~ 0~ ~ ~~;6:2._ +rF ~ W.~~di.0!~ ~ ~_i i~ .~ ri~7 ,~ ~ ~ ~ ',~ ;~ ~ :~ g, _-r ,N'+7`.~.,.k ~ ~~-~-~.~~' "~ ~i~' ~ I, ~L ~ ~ ~~r p~~ ~'~~ w~ ~ s_:.;..~ ~I l l~f ~~ s~,-~ I-Ipl ~ ~~! ,.. ., 0 ri. ~~ -.I I,l' ~~ ~ ~- ~__ '~_ ~ --~--~ r~BA7 Ir~ ~:f~ G~ei~. & S.4F4x f:mG-nwi~~lra + ~, I , y9+^ 1 ;~Y~~ ,{ ~ ~ ~ ~{~;.~ .~; -- ~ u i , ~~' ' ~ k ~! ~ ~e~ i~. _ ~ •- ~ ~ = ... li~ . + ~ c ~W ~ ~-~~ ~ ~ ~ ~i'~~' eS w~ ~ . ~~ ~,. Q1 ~ ~ I .~ ~ ~ ~~ I . - ~ u,;~ a y ~ ~ ~ ~~ ~~~~~ ~, s - "~'n ~-_~ ~ri~ .. ~,c:~. "i~~e:" Y' I~' f~sl ~tl" „Ur Rir ~G e ~.. ne ~'~Y~;~ City of Colleyville CityHall CC}LLEYVILLE C~ty CQU~"'~C~~ 100 Main Street Colleyville, Texas 76034 1, F~ a s Agenda Briefing www.colleyville.com Agenda Number 7a Agenda Date 11/01/2011 Number R-11-34Z1 Type Resolution Department City Secretary Title Consideration of appointment to the Park Land Dedication Committee Explanation Reading and Pub/ic Hearing The Park Land Dedication Committee is comprised of two members of the Planning and Zoning Commission and two members of the Parks and Recreation Advisory Board. Ordinance 0-91-823, which established the Park Land Dedication Committee, provides that the City Council shall appoint the members of the Park Land Dedication Committee and the terms of the members of the Park Land Dedication Committee shall coincide with their respective terms on the Planning and Zoning Commission or the Park Board. Mr. David Dudziak's term on the Park Land Dedication Committee expired September 2011. On October 24, 2011, the Planning and Zoning Commission recommended the appointment of Mr. Dudziak to the Park Land Dedication Committee with a term expiring September 2013. Financial Impact There is no financial impact. Recommendation Approve Attachments 1. Park Land Dedication Committee roster 2. Resolution R-11-3421 Park Land Dedication Committee Parks and Recreation Representative Rick Paddock 206 Mill Valley Drive Colleyville, TX 76034 H: (817) 577-8548 rpadd2011(a~qmail. com TERM:Jan 2010 - Dec 2011 Parks and Recreation Representative Tevon Taylor 5907 Crescent Lane Colleyville, TX 76034 W: (972) 819-2502 H: (469) 952-7867 aqqie ol army(a~hotmail.com TERM:Feb 2011 - Dec 2012 Planning and Zoning Representative David Dudziak 2301 Wilkes Court Colleyville, TX 76034 W: (817) 684-7404 H: (817) 421-8789 dudziakd(a~colleyville.com TERM:Jan 2010 - Sep 2011 Planning and Zoning Representative Ron Rotthaus 2203 Cottage Oaks Lane Colleyville, TX 76034 W: (817) 427-7428 H: (817) 456-1886 rotthausr(a~col leyvil le. com TERM:Oct 2010 - Sep 2012 RESOLUTION R-11-3421 A RESOLUTION APPOINTING A MEMBER TO THE PARK LAND DEDICATION COMMITTEE WHEREAS, the Park Land Dedication Committee is comprised of two members of the Parks and Recreation Advisory Board and two members of the Planning and Zoning Commission; and WHEREAS, the Park Land Dedication Committee member terms coincide with the member's terms on the Parks and Recreation Advisory Board and the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission recommends the appointment of Mr. David Dudziak to the Park Land Dedication Committee. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby appoints to serve on the Park Land Dedication Committee to a term concurrent with their term on the Planning and Zoning Commission. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor G'T Y~F City of Colleyville ~ CC}LLEYVILLE City Council ,. F~ a s Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 9 Agenda Date 11/01/2011 Type Report Department Community Development Title Planning and Zoning Commission Minutes - October 10, 2011 Attachments 1. Planning and Zoning Commission Minutes - October 10, 2011 ~"'-~~ City of Colleyville ~~~~ ~ ~~`~ Minutes - Final ,~ :,.,.; Planning and Zoning Commission Monday, October 10, 2011 6:15 PM City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com City Council Chambers 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 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on October 10, 2011 at 7:10 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Marty Wieder, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Davis. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Rotthaus moved to approve the September 26, 2011 meeting minutes with grammar corrections. Commissioner Phelps seconded. City of Colleyville Page 1 Printed on 10/25/2011 Planning and Zoning Commission Minutes - Final October 10, 2011 The motion carried by the following vote: Aye: 7- Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC11-019 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:13 p.m. Mark Assaad, an engineer with the engineering firm representing the applicant, 2204 Melanie Drive, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Assaad regarding if the interior of the existing convenience store will be changed. Atef Henary, applicant and property owner replied some space is being added to the proposed package store from the Blimpie sandwich area. There being no one wishing to speak, the public hearing was closed at 7:16 p.m. Commissioner Phelps stated the previous application complied with the letter of the code and further stated that this application has further improvements. He stated being in support of this request. Commissioner Phelps moved to approve case ZC11-019. Commissioner Davis seconded. Commissioner Dudziak stated he wants staff to ensure that the measurements for the convenience store and package store are more concise. Commissioner Rotthaus stated he would like the parallel spaces along Colleyville Boulevard and Brown Trail not to exceed what is shown on the site plan submitted for this application. Commissioner Rotthaus questioned staff regarding if the landscaping will comply with the code before a certificate of occupancy is issued. Ron City of Colleyville paye 2 Printed on 10/25/2011 Planning and Zoning Commission Minutes - Final October 10, 2011 Ruthven replied yes, the landscaping will have to comply with the code before a certificate of occupancy can be issue. Commissioner Byerly stated having concerns with the circulation of traffic and the parking spaces along Colleyville Boulevard and Brown Trail. He further stated a shared parking agreement would help with the parking situation however the applicant has chosen not to get that agreement. He stated he could not support this request. Commissioner Knox questioned the Chairman regarding the motion. Commissioner Byerly stated the current motion is to approve case ZC11-019 by Commissioner Phelps and a second by Commissioner Davis with a friendly amendment by Commissioner Rotthaus to limit the parking to two spaces along Colleyville Boulevard and one space along Brown Trail. Both accepted the amendment. Commissioner Phelps questioned Mr. Assaad regarding the parking concerns. Mr. Assaad stated that the amendment to limit the parking along Colleyville Boulevard and Brown Trail will be consistent with the site plan provided. He further stated that with ingress and egress to the subject property, currently there is 29 feet of space between the parking spaces and typically in commercial parking, only 24 feet is required. Commissioner Wheelwright stated the previous submittal for parking was sufficient and further that the concerns with parking on the side has been addressed. He further stated he would support this request. The motion carried by the following vote: Aye: 5- Knox, Wheelwright, Davis, Rotthaus, Phelps Nay: 2 - Dudziak, Byerly City of Colleyville Page 3 Printed on 10/25/2011 Planning and Zoning Commission Minutes - Final October 10, 2011 8. ADJOURNMENT The meeting adjourned at 7:25 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 7, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator The meeting minutes were approved on October 24, 2011. City of Colleyville Page 4 Printed on 10/25/2011 RESOLUTION R-11-3422 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF NOVEMBER 1, 2011 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor