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HomeMy WebLinkAboutCity Council-Agenda Packets-1/8/2013 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 8, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of the Grapevine-Colleyville Independent School District 83rd Texas Legislative Session agenda PC-2 Discussion and update on North Texas drought conditions PC-3 Discussion of the January 8, 2013, 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 551.071 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the Fire Chief 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 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City Council Agenda January 8, 2013 City of Colleyville Page 2 INVOCATION: Pastor David Fedele, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3581 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3582 4a Approval of the minutes of the Special City Council Meeting of December 17, 2012 4b Approval of the minutes of the regular City Council meeting of December 18, 2012 4c Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 10,252 square feet of City owned property in the 200 block of Black Drive, Case GC12-014 4d Approval of a final plat of Lots 1-6, Block 1, of the Black Drive Subdivision on 2.78 acres located at 200 Black Drive, Case PC12-019 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-12-1860 Approval of amendments to Chapter 9-Subdivision Design and Public Facilities in the Land Development Code 5b Ordinance O-12-1861 Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1A, Block 1, of the Highland Acres Addition located at 412 Timberline Drive North, Case ZC12-026 City Council Agenda January 8, 2013 City of Colleyville Page 3 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-13-1862 Consideration of a request for a Special Use Permit for a donation station on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117-B Colleyville Boulevard, Case ZC12-027 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3583 Consideration of approval for a change in ownership from Titan Operating, LLC, to Atlas Resource Partners, L.P., per the requirements of Section 3.1-145(E)2 of the Land Development Code, for the gas well site located at 7504 Pleasant Run Road, authorized by Special Use Permit Ordinance O-10-1779 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 8, 2013 - Reading and Public Hearing - Resolution R-13-3584 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards January 4, 2013, by 5:00 p.m. Amy Shelley City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-1 Agenda Date 01/08/2013 Type Pre Council Department City Manager Title Discussion of the Grapevine-Colleyville Independent School District 83rd Texas Legislative Session agenda Explanation On December 17, 2012, the Grapevine-Colleyville Independent School District (GCISD) Board of Trustees approved Legislative Priorities and the GCISD Legislative Agenda for the 83rd Texas Legislative Session (attached). Superintendents from districts participating in the DFW Visioning Consortium came together to develop and present joint legislative priorities for the 83rd Texas Legislative Session. In association with the Consortium, GCISD supports legislation that furthers the PK-12 public educational program as well as supports visionary leaders who understand that Texas is a global competitor and, in order to remain competitive, Texas must provide the resources for a public education system that is second to none. GCISD is seeking community support in its legislative agenda for the 83rd Texas Legislative Session, as having a common education agenda for the district and the cities they serve sends a united message to those elected to represent our communities in the state legislature. Staff seeks City Council direction on formal adoption of any or all of the priorities in the GCISD 83rd Texas Legislative Session agenda. Attachments 1.Grapevine-Colleyville Independent School District 83rd Texas Legislative Session agenda GCISD Legislative Agenda 83rd Texas Legislative Session Grapevine-Colleyville ISD supports legislation that furthers the PK-12 public educational program so that every child in our state, regardless of wealth or circumstance, graduates with the skills necessary to successfully enter post-secondary education or the workforce. The district supports visionary leaders who understand that Texas is a global competitor and, in order to remain competitive, Texas must provide the resources for a public education system that is second to none. As these purposes are so important, GCISD will encourage legislative action that accomplishes the tenants below: 1.Support public school finance legislation that properly funds state requirements and allows for discretion at the local level. 2.Support effective and equitable academic accountability systems. 3.Support legislation that honors the institution of independent school districts in Texas by providing greater local control that allows each community to address the educational needs of their students. 4.Oppose legislation intended to change the highly successful and efficient Teacher Retirement System. 5.Oppose legislation that allows or creates private school entitlements in any form, including but not limited to school vouchers or taxpayer savings grants. Support public school finance legislation that properly funds state requirements and allows for discretion at the local level. Establish a funding formula that adequately supports all Texas public school children. Restore the debilitating and unprecedented funding cuts from the 82nd Legislature that significantly impacted programs for students. These cuts include: o $14 million for GCISD, o $5.4 billion for all Texas public schools. Fully fund full-day pre-K for all 3- and 4-year-old children meeting eligibility requirements. Support effective and equitable academic accountability systems. Statewide testing should not drive the teaching and learning process at any grade or content area. Replace the high stakes accountability system for children with a system that engages them in learning, cultivates each child’s talent, and primarily focuses on student growth rather than punitive sanctions. Reduce from 15 the number of state-mandated End-of Course (EOC) exams required for graduation. Waive the state-mandated EOC exam upon successful completion of an appropriate Advanced Placement or Dual Credit course. Allow local school boards to determine the degree to which a statewide exam impacts students’ course grades. Reduce the number of STAAR exams in grades 3 through 8. Provide for multiple indicators of student career and college readiness. Ensure that campus and district accountability ratings are reflective of overall student achievement instead of only reflecting the performance of the lowest scoring students groups, and unfairly labeling and devaluing the hard work and efforts of all students and teachers. Support legislation that honors the institution of independent school districts in Texas by providing greater local control that allows each community to address the educational needs of their students. Return taxing authority to the locally elected official of school districts. Provide relief from all unfunded or underfunded mandates from the state. Oppose legislation intended to change the highly successful and efficient Teacher Retirement System (TRS). Support legislation that continues the current defined benefit pension program for TRS participants. Oppose legislation that allows or creates private school entitlements in any form, including but not limited to school vouchers or taxpayer savings grants. Recognize that private school entitlements will further divert resources from the state budget for public education at a time when we should be working together to improve our public schools. Oppose any legislation that provides private school entitlements. This includes vouchers, tax credits, tuition reimbursements, scholarships and other programs that divert public tax dollars to privately run schools. Support taxpayer accountability and transparency by holding private schools receiving any public funds to the same state and federal accountability standards as public schools. This includes, but is not limited to: accepting all students who apply. administering all state testing and publically reporting the results. adhering to the same guidelines for teacher certification and employment laws. adhering to the same guidelines for food service, including federal guidelines for free and reduced meals. adhering to the same guidelines for student discipline. adhering to the same guidelines for financial accountability and transparency. adhering to the same federal guidelines such as Title IX compliance. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-2 Agenda Date 01/08/2013 Type Presentation and Discussion Department Public Works Title Discussion and update on North Texas drought conditions Explanation As of December 18, 2012, the reservoir storage capacity of the Tarrant Regional Water District (TRWD) reservoirs was at 77 percent. Capacity is currently declining at the rate of approximately 1 percent every two weeks. When the reservoirs' capacity reaches 75 percent, Stage One water conservations measures are triggered and it is anticipated this level will be reached in mid-January 2013. Plans are being made to implement Stage One measures on January 21, 2013. While Stage One restrictions limit watering to two days per week, watering twice a week during the winter, when lawns are dormant, is too much. Experts recommend watering no more than one-half of an inch every two weeks—a little more than 10 percent of summer watering needs. Other Stage One restrictions include: · Limiting outdoor watering with sprinklers or irrigation systems to twice per week · Prohibiting hosing off paved areas like driveways and sidewalks, or buildings and windows, except for health reasons (restaurants, etc.) · Restricting draining and re-filling swimming pools - Limiting private vehicle washing to the use of a bucket or a hose with a turnoff valve Staff is taking pro-active measures to notify Colleyville residents and businesses of the likelihood of implementing Stage One restrictions, including media releases, installation of advisory signs at high traffic locations around the City, and procurement of "Water Whisperer" signs from TRWD to place throughout the City. Staff will provide updates to City Council and the community as we get closer to the probable implementation date of January 21, 2013. Because of the above normal temperatures and minimal rainfall over the past several months, it is likely the restrictions will remain in place throughout the summer. Attachments 1.Update of North Texas drought conditions Title Update of North Texas drought conditions Pre Council Meeting January 8, 2013 TRWD Water Supply Update Presented December 19, 2012 TRWD Overview •Formed in 1924 from an act of the Texas Legislature •Governed by a 5 member Board of Directors elected at-large in the ”District”, which encompasses 2/3 of Tarrant County • Guidance provided by four primary wholesale customers, Arlington, Fort Worth, Mansfield and Trinity River Authority. • Main functions are flood control ($26MM annual budget) and water supply ($111MM annual budget) TRWD Water Supply •District provides only raw, untreated water. This year we should deliver about 355,000 acre feet . • Contracts with four primary wholesale customers (Arlington, Fort Worth, Mansfield and Trinity River Authority) dictate operations. • Ultimately serves 70 cities in an eleven county service area(Denton, Ellis, Freestone, Henderson, Jack, Johnson, Kaufman, Navarro, Parker, Tarrant, Wise) • Current service population is 1.8 million; projected to increase to 4.3 million by 2060 Trwd Water Supply Management •We use a simulation model, Riverware, to forecast operations and lake levels •The model uses expected demands and adjusts them for changing climatic conditions •The model also uses the long range forecast for inflows and evaporation rates Rainfall % last 6 months August 2012 Break from forecast Looking Forward •The current trend is for continued record warm, dry conditions in the near future •All forecasts point to ENSO neutral condition –Not a drought but dryer than average –Next summer may be average •Cedar Creek has to go down for maintenance in January for about a month •We will remain at high capacity on the Richland side and go to high capacity on the Cedar Creek side until we see sufficient recovery Moving to Stage 1 Drought Measures •Although the average probability is small on average, the persistence of the drought will likely continue through January and we will reach the threshold of 75% of storage •The spring forecast of below average rainfall may make us dip below and above the trigger, but we will keep the implementation in force as levels recover until we see that the chance to return is less than 10% •Based on simulation work done to set the drought triggers, we should see about a 5% savings in storage over the year What if we had implemented year round 2 day a week watering ? City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-3 Agenda Date 01/08/2013 Type Pre Council Department City Secretary Title Discussion of the January 8, 2013, City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 01/08/2013 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the Fire Chief 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 Attachments RESOLUTION R-13-3581 A RESOLUTION APPROVING CITY COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 8, 2013 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 8TH DAY OF JANUARY 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 01/08/2013 Type Announcements, Proclamations and Presentations Department City Secretary Title ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition RESOLUTION R-13-3582 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 8, 2013 WHEREAS,City 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 City Council action under Consent Items as follows are hereby adopted: a.Approval of the minutes of the Special City Council meeting of December 17, 2012 b.Approval of the minutes of the regular City Council meeting of December 18, 2012 c.Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 10,252 square feet of City owned property in the 200 block of Black Drive, Case GC12-014 d.Approval of a final plat of Lots 1-6, Block 1, of the Black Drive Subdivision on 2.78 acres located at 200 Black Drive, Case PC12-019 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ________ AYES, ________ NAYS, AND ________ ABSTENTIONS ON THIS THE 8TH DAY OF JANUARY 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville Special City Council Meeting Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, December 17, 2012 5:30 p.m. Executive Conference Room Third Floor, City Hall 1. CALL TO ORDER Mayor David Kelly called the Special City Council Meeting to order on December 17, 2012 at 5:32 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Stan Hall, Jody Short, and Mike Taylor were present. 2. BOARD, COMMISSION, AND COMMITTEE APPLICANT INTERVIEWS The City Council members interviewed 12 applicants for openings for the Board, Commission, and Committees. 3. ADJOURNMENT Mayor Kelly adjourned the meeting at 7:29 p.m. APPROVED BY A VOTE OF ____ AYES, ____ NAYS, AND ____ ABSTENTIONS ON THIS THE 8TH DAY OF JANUARY 2013. Minutes taken and prepared by: Amy Shelley City Secretary City of Colleyville Page 1 City of Colleyville City Council DRAFT - Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, December 18, 2012 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on December 18, 2012, at 5:33 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Stan Hall, Michael Muhm, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Sergeant Robert Hinton, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Project Engineer Dale Crown, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were also present. Absent: Councilmember Carol Wollin PC-1 Presentation and update from the Colleyville Area Chamber of Commerce Jenna Waters, President, Colleyville Area Chamber of Commerce, spoke regarding Chamber news. Councilmembers Muhm, Short, and Hall thanked Ms. Waters regarding the presentation. Councilmember Hall stated he would like the Chamber to work strategically on retaining and attracting new businesses to Colleyville. He suggested the Chamber work with Economic Development Director Marty Wieder. Director Wieder concurred and further explained his plan to work with the Chamber during ICSC and Cash Mob events. Ms. Waters concurred as well, and stated it is important for the Chamber board members to work with economic development measures. Councilmember Muhm stated he appreciated the word “Colleyville” being larger than the rest of the branding with the Chamber. Ms. Waters concurred and stated that Colleyville sits well in the metroplex and further stated the Chamber needs the other areas for their support. City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 2 Councilmember Muhm stated if the City succeeds, then the area succeeds. Councilmember Taylor stated Ms. Waters does understand the need for economic development, and the Chamber is fortunate to have her. He further explained that Colleyville’s zip code carries value for this area. Councilmember Hall stated the City Council wants the Chamber to do well. PC-2 Discussion of additional street lighting on the SH121 Frontage Road Public Works Director Bob Lowry stated he has contacted Oncor about additional lighting for the SH121 corridor. Councilmember Hall questioned Director Lowry regarding if there will be additional light poles installed. Director Lowry replied no; there are poles in place. Councilmember Muhm questioned Director Lowry regarding if these are typical light poles. Director Lowry replied yes. Councilmember Muhm questioned Director Lowry regarding if additional lighting will be in place from JR’s Steakhouse to Glade Road. Director Lowry replied yes. Councilmember Muhm questioned Director Lowry regarding the cost. Director Lowry replied it will be $18 dollars per month, per light. He further explained the $18 dollars includes the electricity and the maintenance of those lights. Councilmember Short stated he was pleased with those findings. City Council concurred. PC-3 Discussion of intersection evaluation and preliminary roundabout design for the intersection of Cheek-Sparger Road and Bedford Road/Court Mark Goode III, Professional Engineer and Senior Project Manager with Kimley-Horn, presented information for this agenda item to the City Council. Mayor Kelly stated the mobility has to remain balanced but not appear too attractive to where it becomes a cut-through for traffic. Councilmember Muhm questioned Mr. Goode regarding the turning in the roundabout. Mr. Goode explained the roundabout has a very tight turn with islands that encourage a slowing mechanism. City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 3 Mayor Kelly questioned Mr. Goode regarding how this roundabout compares to the roundabout in Southlake at Whites Chapel and Continental. Mr. Goode explained the Glade and Pool Road roundabout would be close in comparison to this proposed roundabout. He explained the circulating lane at Glade and Pool is 16 feet and currently this proposed roundabout is 15 feet with a two foot off-set built in. He explained the truck apron at Glade and Pool Road is 67 feet whereas this proposed truck apron is 70 feet in diameter. Councilmember Short stated he likes the middle of the roundabouts to be a little larger. Councilmember Hall stated the one at Glade and Pool Road does not appear to be large enough. He stated they need to be as big as possible for a better reaction time. Mr. Goode stated the design of a roundabout is an art that goes along with the science of the design. Councilmember Hall stated the roundabout at Whites Chapel in Southlake is nice. Councilmember Short concurred. Mr. Goode stated he would like guidance from tonight’s meeting regarding the design of this roundabout. Councilmember Short questioned Mr. Goode regarding if right-of-way is an issue. Mr. Goode replied right of way is not really an issue with a single lane roundabout. Mayor Kelly stated he is not concerned with the landscaped features as much as he is with the speed controls. Councilmember Muhm questioned Fire Chief Russell Shelley regarding the size of the ladder truck. Chief Shelley replied the ladder trucks are 43 and 49 feet. Mayor Pro Tem Hart questioned Mr. Goode regarding if the traffic will back up from the stop light at Brown Trail. Mr. Goode replied no. Councilmember Taylor stated the object of this is to keep the traffic moving and control the speed. Mayor Kelly concurred. Mr. Goode stated if the speeds are in the right range, then people will feel more comfortable merging into the lanes. He further stated this roundabout will allow the school traffic to get back to Brown Trail from the right turn only. PC-4 Update of the construction on SH26/Colleyville Boulevard and City owned utility relocations City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 4 City Engineer Jeremy Hutt presented information regarding this agenda item. Discussion occurred between Councilmember Muhm and City Engineer Hutt regarding utility relocations with the phasing of the project. Councilmember Muhm questioned City Engineer Hutt regarding if this was on the east or west side of the road for Phase III. City Engineer Hutt replied it is both, just in the City limits. Councilmember Short questioned City Engineer Hutt regarding if the utility relocation will need to take place before the widening can take place. City Engineer Hutt replied yes. Mayor Kelly explained the City of Hurst is not totally committed to this project. Councilmember Short stated he is not familiar with the limits with this roadway project. City Engineer Hutt explained the City would like to do all of the utility relocations for this corridor, therefore they are looking for a good stopping point. Mayor Kelly stated with all of the utilities relocated, the project could then move forward, when the funds became available, with no delays. Councilmember Muhm questioned staff regarding when Phase II dirt would start to move. City Engineer Hutt replied 2014. Councilmember Taylor stated this will help the property owners to know that their property will not be destroyed again for construction. City Engineer Hutt explained there will be meetings with property owners to discuss impacts with this construction project. Councilmember Muhm questioned staff regarding if the right-of-way has been purchased. City Engineer Hutt replied yes. Mayor Pro Tem Hart questioned City Engineer Hutt regarding the completion date on Phase II. City Engineer Hutt replied approximately six to eight months. Councilmember Hall questioned staff regarding the estimated finish date for Phase II. City Engineer Hutt replied it is funded to begin in 2014. Mayor Kelly concurred and stated 2 ½ years. Councilmember Muhm questioned staff regarding the TIF funding, he stated he thought those monies were allocated for other projects. City Manager Jennifer Fadden explained the funding of the project regarding the TIF project City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 5 plan. Councilmember Muhm questioned staff regarding if the $7 million is partner money. City Manager Fadden replied correct. She further stated this can be accomplished without incurring any further debt. Councilmember Hall stated since interest rates are so low, this would be the time to issue debt, if any would need to occur. Councilmember Muhm questioned staff regarding the rate increases. Assistant City Manager/Chief Financial Officer Terry Leake explained the rate increases regarding the utilities. Councilmember Muhm questioned staff regarding Phase III. City Manager Fadden explained they are not willing to move forward with this phase until additional clarity is given on the future of the roadway. Councilmember Muhm questioned staff regarding a potential roadway going east and would this $7.5 go towards it? City Manager Fadden explained those funds are available today for any other projects the City Council would like to invest in within the TIF district. Councilmember Taylor questioned staff regarding if the $3.6 is coming from the $7.5. City Manager Fadden replied yes, there will be a balance remaining. Councilmember Muhm questioned staff regarding how much new money is acquired each year with the partner money. Assistant City Manager/Chief Financial Officer Leake replied close to $1.9 million in partner money. Councilmember Muhm stated he has concerns with using funding that will need to be replenished. Councilmember Muhm questioned staff regarding the funding if the construction stopped at Church Street. City Engineer Hutt replied he did not have that break down. Mayor Kelly stated it makes sense to go ahead and take care of the relocation now. City Engineer Hutt stated the surrounding cities are waiting to see what Colleyville is going to do. Councilmember Muhm questioned staff regarding if they will then move forward. City Engineer Hutt replied they cannot move their utilities until the poles are set. Councilmember Taylor questioned Councilmember Muhm regarding the City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 6 reluctance in the project. Councilmember Muhm replied his reluctance is if the funding is being used for this project, versus other projects that the City would like to do, it pushes those projects further out. He further explained that there will need to be another east/west road into the City, like Hall- Johnson. Councilmember Taylor explained the cash flow, during the construction time, will replenish the funds. Councilmembers Taylor and Short concurred on moving ahead. Mayor Kelly explained North Central Texas Council of Governments is looking at a study for the corridor as well. Councilmember Taylor questioned staff regarding moving beyond the creek. City Engineer Hutt replied he did not think the water lines crossed the creek. PC-5 Presentation of the Monthly Financial Report - November 2012 Finance Manager Karen Hines presented the monthly financial report for November 2012. Councilmember Hall questioned staff regarding the cost recovery for Colleyville Center. Manager Przybyl replied 7.4 percent over last year. Councilmember Muhm explained he would like to see the worksheet reflect the percentages received over projected. PC-6 Discussion of the December 18, 2012, City Council regular agenda items Community Development Director Ron Ruthven briefed the Councilmembers regarding the adjustments made to the ordinance for agenda item 5a from the previous meeting held on December 4, 2012. Mayor Kelly questioned staff regarding if a grandfather clause could be included in the ordinance to reflect the sale of alcoholic beverages for current or restaurants coming by a certain date. Director Ruthven concurred. Discussion occurred between staff and Councilmembers regarding the square footage of the residential units, including ancillary units. Councilmember Hall questioned staff regarding if the ordinance mentions something about the ancillary units being sublet. Director Ruthven replied no. City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 7 Councilmember Muhm questioned staff regarding if decorative metal for the poles could include a t-pole. Director Ruthven replied no, it would have to be a decorative metal. Mayor Kelly questioned staff regarding if the ordinance contains language that would not allow multi-family units. Director Ruthven replied the developer could construct a three-story condominium with a minimum of 1,500 square feet on each level. Councilmember Taylor questioned staff regarding if the units can be attached or detached. Director Ruthven replied they can be constructed attached or detached, similar to the ones on Casa Lane. Councilmember Taylor stated the only difference is there can now be residential on the ground floor. Director Ruthven replied yes. Councilmember Taylor stated the City will make the adjustments on Mission Lane versus the developer. Director Ruthven concurred. Councilmember Muhm questioned staff regarding who will be constructing the additional lane. City Manager Fadden explained the City will be constructing the second lane in exchange for the land. Councilmember Muhm questioned staff regarding the cost of the project. City Manager Fadden replied approximately $50,000. Public Works Director Lowry replied it may be more like $30,000. Councilmember Taylor questioned staff regarding why the City is now funding this project when the developer was asked to take care of it. City Attorney Matthew Boyle explained the City is requiring the developer to make Mission Lane a two-way street without compensation, therefore the compromise is to have the City construct the street, and the developer would dedicate the right- of-way. Mayor Pro Tem Hart explained the traffic flow in and out of The Village will be improved. Mayor Kelly concurred and stated this is something that was missed in the beginning. Mayor Kelly adjourned the Pre Council meeting at 7:03 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on December 18, 2012, at 7:13 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Stan Hall, Michael Muhm, Jody Short, and Mike Taylor were present. City Manager City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 8 Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Sergeant Robert Hinton, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Project Engineer Dale Crown, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were also present. Absent: Councilmember Carol Wollin 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 551.071 - Legal - Advice from City Attorney regarding drainage Section 551.071 - Litigation - City of Colleyville v. Mitchell 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 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 there would be no decisions made or action taken during this time. The meeting was recessed at 7:04 p.m. and reconvened at 7:13 p.m. INVOCATION: Neda Moayad, Colleyville Bahai Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-12-3567 Mayor Kelly read Resolution R-12-3567 in its entirety. City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 9 Director Lowry presented this agenda item. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-12-3567. Councilmember Hall seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly reminded everyone that this is the holiday season and to lock the doors of their vehicles and homes. In recognition of Colleyville's featured business - Punky Lunky, 99 Cheek-Sparger Road, Suite 101A, Tanya Nelson, Owner - Mayor David Kelly and Economic Development Director Marty Wieder Mayor Kelly and Economic Development Director Marty Wieder recognized the Punky Lunky business owner, Tanya Nelson for her business in Colleyville. Ms. Nelson came forward to receive her recognition and thanked the City Council. Recognition of employees' years of service Mayor Kelly recognized Police Chief Mike Holder, Police Officer Jarrod Shirley, Assistant to the Director of Public Works Beth Wimpy, Youth Services Assistant Sarah Dyer, Firefighter/Paramedic Dustin Wynn, Police Officer John Arenz, Utility Operator I Jon Escamilla; Assistant City Secretary Christine Loven; Cashier/Receptionist Belendia Moore; Senior Engineering Tech Steven Cherry; Municipal Court Administrator Karen Randolph; and Utility Billing Supervisor Theresa Fox, for their years of City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 10 service with the City of Colleyville. Recognition of employee achievements Mayor Kelly recognized Community Development Director Ron Ruthven for his graduation from the International City/County Management Association’s Leadership ICMA Class of 2012. Mayor Kelly recognized Circulation/Technician Assistant Kara Teeter for her graduation from Texas Woman’s University. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3568 4a Approval of the minutes of the regular City Council meeting of December 4, 2012 4b Approval of a preliminary plat for 16.8 acres on Lot 1A, Block 1, of the River Valley Ranch Addition and Lot 1B1, Block 1, of the Tate Addition located in the 1200 block of Murphy Road, Case PC12-017 4c Approval to order a 2013 Ford ambulance from Frazer Limited/Sterling McCall Ford, utilizing pricing through the Houston-Galveston Area Council of Governments (HGAC), in an amount not to exceed $209,025, and authorize the city manager to execute the purchase order Mayor Kelly read Resolution R-12-3568 in its entirety. Councilmember Muhm questioned staff regarding the preliminary plat for item 4b. Director Ruthven explained the preliminary plat for Somerset Manor. Councilmember Muhm questioned staff regarding if the development will have Opticom gates. Director Ruthven replied yes. Mayor Kelly opened the public hearing at 8:20 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:20 p.m. Mayor Pro Tem Hart moved to approve Resolution R-12-3568 with an amendment to the November 20, 2012 meeting minutes. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 11 Absent: 1 – Councilmember Carol Wollin 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-12-1859 Approval of an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the entire Village at Colleyville Addition located on Veranda Lane, Main Street, Village Lane, Piazza Lane, Terra Cotta Way, Cottage Lane, Mission Lane, Casa Lane, and in the 5100 to 5200 block of Pleasant Run Road, Case ZC12- 022 Mayor Kelly read the caption of Ordinance O-12-1859. Director Ruthven presented this agenda item to the City Council. Mayor Kelly opened the public hearing at 8:26 p.m. Don Silverman, applicant, came forward to brief the City Council regarding this agenda item. James Day, 805 Shelton Drive, spoke in opposition to this request with concerns for the intent of this amendment. Jimmy Archie, 74 Casa Lane, spoke in support to this request however, expressed concerns for the 1,500 square foot minimum residential requirement. He stated he would like to keep the 1,000 square foot minimum for those few lots on Main Street. John Terhoeve, 1204 Opal Court, stated the market could dictate this area even though it would develop slower than we would like to see it. He stated that the record should reflect the specifications that the City Council approves with this amendment; in other words, whatever the developer plans to build; it should be included in the ordinance. He stated being opposed to any large multi-dwelling units or large apartment complexes. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this request with concerns for apartments and the overcrowding of the schools. Rex Pitts, 66 Veranda Lane, did not wish to speak but did register his support for this agenda item. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:39 p.m. Mayor Kelly questioned Mr. Silverman regarding if the application is for 24 single City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 12 family dwelling units, either attached or detached. Mr. Silverman concurred. Mayor Kelly clarified the ordinance amendments, the reasoning for the need for the two-way street on Mission Lane, and the Special Use Permit requirement for the sale of alcoholic beverages. Councilmember Muhm questioned Mr. Silverman regarding who are the persons involved in this process, in other words, who is the applicant, developer, and owner? Mr. Silverman explained The Village Management Company is the developer. He stated the owner of some of the remaining lots, is The Village Management or an affiliate of that company. He stated he/they are the lender for about 40 of those lots and he stated they have an agreement with The Village that they will then become the owner of those 40 lots. Councilmember Muhm questioned Mr. Silverman regarding the fact that they will be the new owner. Mr. Silverman concurred and they will work with a builder to construct single residential townhomes, either attached or detached. Councilmember Muhm questioned Mr. Silverman regarding if there will be a 5 foot separation between the units. Mr. Silverman replied yes. Councilmember Muhm questioned Mr. Silverman regarding if the 1,500 square foot requirement is sufficient. Mr. Silverman replied yes, it is sufficient. He stated he likes having first floor commercial on Main Street. Discussion occurred between Mayor Kelly and Mr. Silverman regarding the lots along Cottage Lane. Councilmember Muhm questioned Mr. Silverman regarding the time frame on this project. Mr. Silverman replied three years or less is the target. Councilmember Taylor stated having concerns for townhomes on Cottage Lane since the original intent was for commercial on the ground floor. However, he stated having concerns for the single structure look right in front of City Hall. Mr. Silverman stated the lots facing City Hall are not in consideration for this amendment. He stated they will still have commercial on the ground floor. Councilmember Taylor stated having no issues with the 1,000 square footage minimum requirements that are currently in the ordinance. He stated having concerns with changing something that may have been an issue in the beginning. Discussion occurred between Mayor Kelly and staff regarding the current units allowed with the current ordinance and the amendments being made to the ordinance. Councilmember Muhm questioned staff regarding how many units have been built City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 13 under 1,500 square feet but over 1,000 square feet. Director Ruthven replied about 10. Councilmember Muhm questioned staff regarding if those units are in demand. Director Ruthven stated he did not think so given the recent activity. Mayor Kelly stated the recent activity in The Village has been commercial use only. Mayor Kelly stated being open to City Council suggestions and that he would like an ordinance that is as easy to work with as possible to help stimulate development. Councilmember Muhm stated being in favor of the 1,500 square footage requirement. He stated that the single family residences seem to be what is popular. He further stated he just wants to see something get done. Mayor Pro Tem Hart moved to approve Ordinance O-12-1859 as written. Mayor Kelly seconded the motion with the following amendments: 1) the right-of-way on Mission Lane is to be expanded to two lanes and that the sidewalk may remain as a four foot wide sidewalk; 2) west of Cottage Lane on Main Street shall be 1,500 square feet minimum; 3) any restaurants that are to open by April 30, 2013 shall be given a Special Use Permit, but that any requests thereafter will have to apply for a Special Use Permit separate from this ordinance. Mayor Pro Tem Hart accepted those amendments. Councilmember Taylor questioned staff for clarity regarding the sections to be amended. Director Ruthven explained, using the exhibits, the sections. Mr. Silverman stated The Village developer would like to keep the original 1,000 square foot minimum requirement versus the 1,500 square foot minimum requirement. Mayor Kelly explained the requirements as set forth in the current ordinances. Mayor Kelly re-opened the public hearing at 9:17 p.m. Kathy Hadley, 204 Timberline Drive North, came forward and stated having concerns for this developer; the types of homes to be constructed; and the cost of the homes. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:20 p.m. Councilmember Taylor stated The Village has its own design standards they will want to follow. The motion to approve carried by the following vote: City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 14 Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-12-1860 Approval of amendments to Chapter 9-Subdivision Design and Public Facilities in the Land Development Code Mayor Kelly read the caption of Ordinance O-12-1860. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 9:25 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:25 p.m. Mayor Kelly questioned staff regarding how the applicants would be able to appeal the decision made by the Planning and Zoning Commission. Director Ruthven replied and explained the process and how staff will proceed with notifying those applicants who may have been denied their waiver request. 6b Ordinance O-12-1861 Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1A, Block 1, of the Highland Acres Addition located at 412 Timberline Drive North, Case ZC12-026 Mayor Kelly read the caption of Ordinance O-12-1861. Director Ruthven presented this agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 9:29 p.m. Kathy Hadley, 204 Timberline Drive North, stated having concerns for the persons crossing the street. She further explained they move too slowly. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:31 p.m. City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 15 Mayor Kelly questioned staff regarding if the golf cart will have to be registered to be on the street. Police Chief Holder explained he did not have the exact State requirements with him however; there are certain equipment requirements for the golf cart. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-12-3569 Consideration of appointments to the Architectural Review Commission Mayor Kelly read Resolution R-12-3569 in its entirety. Mayor Kelly opened the public hearing at 9:33 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:33 p.m. Councilmember Hall moved to approve Resolution R-12-3569 with the following appointments: Alan Greer, Christina Keilson, James Makens, and Curtis Young. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin 7b Resolution R-12-3570 Consideration of appointments to the Colleyville Sidewalks Committee Mayor Kelly read Resolution R-12-3570 in its entirety. Mayor Kelly opened the public hearing at 9:34 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:34 p.m. Councilmember Muhm moved to approve Resolution R-12-3570 with the following appointments: Luann Edwards, Kathryn Howlett, Joy Lee, and Ida Munson. Mayor Pro Tem Hart seconded the motion. The motion to approve carried by the following vote: City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 16 Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin 7c Resolution R-12-3571 Consideration of appointments to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-12-3571 in its entirety. Mayor Kelly opened the public hearing at 9:36 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:36 p.m. Councilmember Hall moved to approve Resolution R-12-3571 with the following appointments: Suzanne Hughes, Place 1; Charles Bethards, Place 3; Carel Tornes, Place 5; and Michelle McGarry, Place 7. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin 7d Resolution R-12-3572 Consideration of appointment to the Historical Preservation Committee Mayor Kelly read Resolution R-12-3572 in its entirety. Mayor Kelly opened the public hearing at 9:37 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:37 p.m. Mayor Pro Tem Hart moved to approve Resolution R-12-3572 with the following appointment, Louis Miller. Councilmember Hall seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 17 Absent: 1 – Councilmember Carol Wollin 7e Resolution R-12-3573 Consideration of appointments to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-12-3573 in its entirety. Mayor Kelly opened the public hearing at 9:38 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:38 p.m. Councilmember Short moved to approve Resolution R-12-3573 with the following appointments, Chuck McGuire and Brett Oliver. Mayor Pro Tem Hart seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin 7f Resolution R-12-3574 Consideration of appointments to the Colleyville Events Steering Committee Mayor Kelly read Resolution R-12-3574 in its entirety. Mayor Kelly opened the public hearing at 9:39 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:39 p.m. Mayor Pro Tem Hart moved to approve Resolution R-12-3574 with the following appointments, Manjiri Joshi, Walt Mills, Amy Redfearn, and Patti Tanaka. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 18 7g Resolution R-12-3575 Consideration of appointments to the Colleyville Center Advisory Committee Mayor Kelly read Resolution R-12-3575 in its entirety. Mayor Kelly opened the public hearing at 9:40 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:40 p.m. Councilmember Taylor moved to approve Resolution R-12-3575 with the following appointments: Michael Cunningham (At-Large); Louis Miller (At-Large); Paul Vigiletti (At Large); Julie George (Colleyville Garden Club); Irma Villalobos (National Charity League) and Tom Westerman (Colleyville Lions Club). Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin 7h Resolution R-12-3576 Consideration of appointment to the Zoning Board of Adjustment Mayor Kelly read Resolution R-12-3576 in its entirety. Mayor Kelly opened the public hearing at 9:43 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:43 p.m. Mayor Kelly instructed staff to advertise to fill this position. 7i Resolution R-12-3577 Consideration of appointments to the Tax Increment Finance District Board Mayor Kelly read Resolution R-12-3577 in its entirety. Mayor Kelly opened the public hearing at 9:45 p.m. City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 19 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:45 p.m. Councilmember Taylor moved to approve Resolution R-12-3577 with the following appointments: David Kelly, Tom Hart, Michael Muhm, Mike Taylor, and Carol Wollin. Scott Rule (Tarrant County Hospital District), Mark McClendon (Tarrant County College), Carolyn Sims (Tarrant County), John Eubanks (Grapevine- Colleyville Independent School District) Mayor Pro Tem Hart seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin 7j Resolution R-12-3578 Appointing a Chairman of the Tax Increment Finance District Board Mayor Kelly read Resolution R-12-3578 in its entirety. Mayor Kelly opened the public hearing at 9:46 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:46 p.m. Mayor Pro Tem Hart moved to approve Resolution R-12-3578 with the following appointment, David Kelly. Councilmember Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin 7k Resolution R-12-3579 Approval of a resolution concerning the June 2011 Oncor Settlement Rate Case Ordinance, City of Colleyville Ordinance O-11-1797 Mayor Kelly read Resolution R-12-3579 in its entirety. City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 20 City Attorney Matthew Boyle explained to the City Council this is an on-going dispute between Oncor and cities regarding utility relocation efforts and this resolution is confirmation that Oncor will be responsible for its relocation costs. Mayor Kelly opened the public hearing at 9:56 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:56 p.m. Mayor Kelly moved to approve Resolution R-12-3579. Councilmember Hall seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA David Mullins, 5904 Bettinger Drive, came forward and spoke about the pool being constructed by his neighbor to the rear of his property and how this construction has caused drainage issues on his property. Kathy Hadley, 204 Timberline Drive North, came forward and stated having concerns for the vote on item 6b. 9. REPORTS Sign Board of Appeals Minutes - November 13, 2012 Planning and Zoning Commission Minutes - November 26, 2012 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 18, 2012, - Reading and Public Hearing - Resolution R-12-3580 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn, and Councilmember Short seconded the motion. City Council DRAFT - Minutes December 18, 2012 City of Colleyville Page 21 The motion carried with the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 – Councilmember Carol Wollin Mayor Kelly adjourned the City Council meeting at 10:11 p.m. APPROVED BY A VOTE OF ____ AYES, ____ NAYS, AND ____ ABSTENTIONS ON THIS THE 8TH DAY OF JANUARY 2013. Minutes taken and prepared by: Amy Shelley City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 01/08/2013 Number Resolution R-13-3582 Type Resolution Department Community Development Title Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 10,252 square feet of City owned property in the 200 block of Black Drive, Case GC12-014 Explanation Reading and Public Hearing Black Drive is an approximately 1,600 foot long public street that is located between Bransford Road on the eastern terminus and the boundary of the Mill Creek Addition at the western terminus. It is at the western terminus the applicant proposes, through a property exchange with the City, to realign Black Drive and develop a five lot single family development. Under this proposal, the applicant will exchange 19,986 square feet (0.459 acres) of new Black Drive right-of-way (ROW) for 10,252 square feet (0.235 acres) of existing Black Drive ROW. Upon the transfer of properties, the existing Black Drive ROW would be incorporated into one of the proposed residential lots while the new ROW would re- orient Black Drive due north for 240 feet where it would terminate into a cul-de-sac. Given the location of an existing water service line within the ROW to be transferred, a 16 foot easement will be required to be located over the water line upon approval of the final plat for the new development. This easement is shown on the preliminary plat. The new portion of Black Drive resulting from this exchange will be constructed and financed by the developer. The proposed exchange of real property must be undertaken in accordance with Chapter 272 of the Texas Local Government Code. Chapter 272 provides an exception to the normal competitive bidding requirements for the sale of the City owned real estate. The critical requirement of Chapter 272 is mandatory notice which must be published. The notice of a proposed exchange of real estate must be published in the City's newspaper of choice on two separate dates, and the exchange may not be made until after the 14th day after the date of the second publication. For like land and property of approximate equal value, an offer of exchange is submitted pursuant to Texas Local Government Code, Chapter 272. Sealed written bid offers were received by staff and opened on December 20, 2012 at 2:00 p.m. Only one bid was received from Shawn Goff (attached), managing member of Black Drive, LLC, current property owner of the proposed new ROW, as attached. The bid included the City Council Agenda Briefing 4c City of Colleyville Page 2 following items: - Mr. Goff will trade a 0.459 acre tract of land for a 0.235 acre tract of City owned land. - The new ROW property that is being offered for exchange has approximately the same or greater value as the City property and is within the same general vicinity as the City property. - The new ROW property offered for exchange will be free and clear of liens and encumbrances at the time of closing. - The owner of the new ROW property offered for exchange will execute a General Warranty Deed in a form agreeable to both City and owner at closing. - Closing shall be within 10 days, or a mutually agreeable time frame, after the Colleyville City Council has accepted this offer; and has approved the final plat of the Black Drive Subdivision as submitted by the owner. - Each party is responsible for its own attorney fees and other related expenses. A color exhibit that details the land exhange is included in this briefing. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Proposal Received From Applicant 2.Color Land Exchange Exhibit Co l o r L a n d E x c h a n g e E x h i b i t City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4d Agenda Date 01/08/2013 Number Resolution R-13-3582 Type Resolution Department Community Development Title Approval of a final plat of Lots 1-6, Block 1, of the Black Drive Subdivision on 2.78 acres located at 200 Black Drive, Case PC12-019 Explanation Reading and Public Hearing Bryan Holland is the developer of 2.6 acres located at the end of Black Drive. The developer submitted a final plat, which will subdivide the property into five residential lots, for the construction of single family residential detached dwelling units. Preliminary Plat. The Planning and Zoning Commission approved a preliminary plat for this subdivision on November 5, 2012. Zoning. The subject property is zoned R20-Single Family Residential and was rezoned from R40-Single Family Residential on January 22, 2008. Access. The proposed development will have access from Black Drive, which will contain a minimum of 50 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. This is the standard street size for local streets in the Land Development Code, and it will be adequate for fire apparatus access. Sidewalks. The Land Development Code requires sidewalks on all public streets. A minimum four (4) foot wide sidewalk will be located along both sides of the street serving the development, and installed when any new structures are built on the property. Drainage. The drainage analysis has been reviewed by the City Engineer and must be accepted prior to the final plat. Park Land Dedication Fees. Parkland Dedication fees are required, in the amount of $1,802 per residential lot, for the five lots where new homes are proposed. Park land dedication fees are due at the time of final plat, and the fee must be paid before the plat is recorded with the County Clerk's office. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not due. The developer will be constructing a new portion of Black Court as part of City Council Agenda Briefing 4d City of Colleyville Page 2 this subdivision. Landscaping and Tree Preservation. Trees not located within the right-of-way, easements or within pad sites must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the drip line of all developer identified preserved trees located outside the right-of-way. A preliminary tree survey has been submitted with the preliminary plat; however, approval of a tree survey and mitigation plan shall be required, prior to the issuance of a Notice to Proceed letter, from the Engineering Division of the Public Works Department. Surrounding Development Trends. The surrounding properties are single family residential. The property to the north is zoned PUDR-Planned Unit Development Residential and R40-Single Family Residential and contains single family homes; the properties to the south and west are zoned PUDR-Planned Unit Development Residential and contain single family homes in the Mill Creek Subdivision, and the property to the east is zoned R40-Single Family Residential and is developed as a single family residence. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this replat at the December 10, 2012 meeting by a vote of 6-0. Summary. The proposed development satisfies the requirements of the R20-Single Family Residential zoning district and the Land Development Code. Since the plat contains more than four lots, the final plat requires approval by City Council. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial Looking North 3.Plat Exhibit 4.Proposed Cul-de-Sac Exhibit Location and Zoning Map Aerial Looking North Subject Property Plat Exhibit Proposed Cul-de-Sac Exhibit City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 01/08/2013 Number Ordinance O-12-1860 Type Ordinance Department Community Development Title Approval of amendments to Chapter 9-Subdivision Design and Public Facilities in the Land Development Code Explanation Second Reading and Public Hearing There were no speakers regarding this item at the December 18, 2012 City Council meeting. First Reading and Public Hearing Staff provided a summary of the City's current sidewalk regulations to the City Council at the October 16, 2012 Pre Council meeting. At the meeting, the City Council directed staff to bring forward amendments to the sidewalk regulations regarding the appeals process for waivers to the sidewalk regulations. The City's sidewalk regulations are contained in Chapter 9-Subdivision Design and Public Facilities in the Land Development Code. Given the direction by the City Council, staff proposes adding the following language to Section 9.19(A) with the additions underlined: "Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions, any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. 1. Appeal to City Council – The decision by the Planning and Zoning Commission shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Commission to the enforcement official. If an appeal is received within ten (10) days as described above, the enforcement official shall place the applicant’s appeal request on the next available agenda for consideration by the City Council. 2. Applicability of Past Appeals to the City Council – All sidewalk waiver requests considered by the Planning and Zoning Commission between March 3, 2009 and December 18, 2012 may appeal to the City Council, per the provisions of Section 1. subject to the following provisions: City Council Agenda Briefing 5a City of Colleyville Page 2 a. All appeals allowed by Section 2. must be filed no later than April 18, 2013. b. All appeals allowed by Section 2. shall be sent in writing to the Community Development Director." This language, involving the appeal to the City Council, matches the current language allowing for appeals to the City Council regarding the decisions of the Sign Board of Appeals. Staff proposes allowing all past decisions of the Planning and Zoning Commission regarding sidewalk waiver requests, (see attached list of cases) to be appealed to the City Council no later than April 18, 2013. If the amendments are approved as presented, staff would notify all past sidewalk waiver applicants, and inform them of the new appeal options. Consistent with the Sign Board of Appeals process to the City Council, there would be no fee charged for applicants wishing to appeal to the City Council. Other changes to Chapter 9 include removing minor discrepancies and obsolete langauge related to the 2009 amendments. All of these changes are detailed in the attached Proposed Changes to Chapter 9 - Subdivision Design and Public Facilities. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Proposed Changes to Chapter 9-Subdivision Design and Public Facilities in the Land Development Code 2.Sidewalk Waiver Requests Considered by the Planning and Zoning Commission 3.Ordinance O-12-1860 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 1 Chapter 9 Subdivision Design & Public Facilities Rev. 1/8/201303-03-09 Section 9.1 Purpose of This Chapter The purpose of this Chapter is to establish design guidelines necessary for proper layout of a subdivision and to establish the public improvement requirements for the development of a subdivision, but more specifically to: 1. ensure that public facilities and services are available to all subdivisions in the City; and 2. establish reasonable standards of design for public facilities. Section 9.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the following authority: 1. Chapter 212 – Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality’s jurisdiction. 2. Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. 3. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 9.3 Variances and Appeals 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 using the procedures described in Chapter 1 – General Provisions of this Land Development Code. Section 9.4 Definitions Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development Code. Section 9.5 Subdivision Design Guidelines Every subdivision plat shall be reviewed for conformance with the design guidelines contained in this Chapter. The City recognizes that suitability characteristics vary from site to site and when approving a subdivision plat the following guidelines shall be used for interpretation, application and enforcement of the design guidelines contained in this Chapter: 1. It is the intention of these subdivision design guidelines to encourage new and creative ways to develop subdivisions. Developers and city officials are encouraged to utilize new and innovative ways to improve safety, economy, tax yield, maintenance cost, response time, drainage, vehicular access, and pedestrian Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 2 passage. 2. Whenever a subdivider can demonstrate an alternative method of meeting the requirements of this Chapter, it shall be incumbent upon the city staff, the Planning and Zoning Commission, and the City Council to review the proposed variations and approve, approve with modifications, or disapprove the proposed alternatives as appropriate for the conditions. Section 9.6 Blocks A. General Design – Blocks should have sufficient depth to provide for two (2) tiers of lots of appropriate depths, except that blocks adjacent to major streets, railroads or waterways shall have only one tier of lots. B. Block Lengths & Widths – Residential and industrial blocks generally shall be no longer than sixteen hundred (1,600) feet and business blocks no longer than one thousand (1,000) feet. Where long blocks in the vicinity of a school, park or shopping center are proposed, the City Council may require a public walkway near the middle of long blocks or opposite a street that terminates between the streets at the ends of the block. Section 9.7 Lots A. Lot Arrangement – Lots shall be arranged to provide access to lots from approved streets and to avoid foreseeable difficulties due to topography and natural physical features inherent to the property. B. Lot Area and Dimensions – Lot area and dimensions shall be consistent with the minimum requirements of the applicable zoning district and the following: 1. Special Lot Width Requirement - The width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width. In the case of lots on the turning circle of a cul-de-sac, the width may be less than eighty (80) percent of the required lot width. 2. The City may approve a plat which contains a lot that does not meet the minimum requirements when special conditions exist. C. Frontage on Public Access Required – All lots shall have frontage on a public street, except a non- residential lot may be approved when the proposed public access has been determined by City to be adequate to meet the intent of this requirement. The lot line common to the street right-of-way line shall be the front line; except that a lot may have more than one lot line common to a street right-of-way line. D. Access from Major Thoroughfares 1. Residential Lots - No residential lot shall front on or derive access directly from an existing or proposed collector street, or larger, as shown on the Master Thoroughfare Plan, except where the proposed subdivision meets all the following criteria: a. Where the only street frontage which may be provided to the residential lot is from a collector street due to the shape, topography, or other physical condition of the property; b. The City Engineer has provided favorable recommendation; and. c. Where the residential lot is designed and dimensioned to permit loop driveways or on-site turnaround facilities so that vehicles head into the collector street. 2. Non-residential Lots – Non-residential lots which have frontage onto or derive access directly from an existing or proposed collector street, or larger, as shown on the Master Thoroughfare Plan, shall have Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 3 driveway locations which comply with the spacing requirements established elsewhere in Chapter 14 – Engineering Design Standards of this Land Development Code. E. Buildable Area – Every lot shall contain a buildable area that is adequate in size for the proposed development. The buildable area shall be situated out of the 100 year flood plain. F. Flag Lots Prohibited – It is the policy of the City to prohibit the creation of flag lots unnecessarily, and to discourage the creation of any lot which, by virtue of its relatively great depth in relation to its width, is likely to facilitate future requests for re-subdivision to create a flag lot. G. Building Lines – Front building lines shall be shown on all lots in the subdivision. Building lines shall be shown along each street-facing of corner lots and through-lots. The building line shall be consistent with the requirements of the applicable zoning district, however, the City may approve a building line which differs from the zoning requirements when special conditions exist. H. Side Lot Lines – Where possible, all side lot lines shall be at right angles to straight street lines and radial to curved street lines. I. Lot Drainage and Grading 1. Grading and drainage of all lots shall be designed in a manner which will allow one lot to drain across an adjacent lot and into a permanent structure, such as a concrete flume, lined channel, or proper inlet to an adequate drainage facility, or to a street right-of-way. If an approved drainage structure is not present, it will be required of the developer to construct the necessary facilities. (O-00-1261 / 12-19- 00) 2. Sheet flow techniques shall be used for lot to lot drainage where possible. (O-00-1261 / 12-19-00) 3. Single lots shall accommodate their own drainage into an approved structure where topographic elevations allow this to occur. (O-00-1261 / 12-19-00) Section 9.8 Waterbodies and Water Courses If a tract being subdivided contains a water body, or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body among the adjacent lots. The City may approve an alternate plan provided the ownership of and responsibility for maintenance of the water body is so placed that it will not become a City responsibility. Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for installation of a culvert or other structure, of design approved by the City. Any lot which includes a water body and contains a building site, contain a buildable area that is not less than the minimum buildable area for the applicable zoning district. Section 9.9 Street Names The developer shall submit all existing and proposed street names on any proposed subdivision plat. New street names shall be sufficiently different in sound and in spelling from other road names in the city so as to not cause confusion to the general public or for emergency response. A road which is, or planned, as a continuation of an existing road shall bear the same name. Section 9.10 Reserve Strips and Common Areas The creation of reserve strips shall not be permitted adjacent to a proposed street or to adjacent property in such a manner as to deny access from adjacent property to the street. No common areas shall be allowed in Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 4 a subdivision except where notation has been placed on the plat to prohibit development on the common area. Section 9.11 Double Frontage Lots Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from a collector street or to overcome specific disadvantages of topography and orientation. The City may require that a notation be placed on the plat to limit the facing of main structures or to limit driveway access from a collector street. Section 9.12 General Infrastructure Policy (03-03-09 / O-09-1712) A. General Requirement – The developer of a subdivision shall install all water, sewer, street, sidewalk and drainage improvements, and any other facilities required by this Land Development Code, which are necessary for the proper development of the subdivision. The design, construction and inspection of any public facilities shall be a cost to the developer, unless the City has entered into an agreement for cost sharing. All such facilities shall be designed and constructed in accordance with the criteria contained in this Land Development Code and be in conformance with the general layout of the City of Colleyville Master Land Use Plan and Capital Improvements Plan. The public facility requirement of this section shall be applicable to the upgrading of any existing facilities which do not meet current standards. B. Apportionment of Infrastructure Costs – As a condition of the approval of a development, the developer’s portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. 1. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for delivery of emergency services. 2. The professional engineer making the proportionality determination may rely on categorical findings from comparable public improvement projects for establishing a cost basis. The basis used for determining estimated costs shall be revised annually on July 1 by the Colleyville Engineering Department. 3. A developer who disputes the determination by said professional engineer may appeal to the City Council and present testimony and evidence in support of the appeal. The appeal shall be written and filed with the City Secretary within ten (10) days after the date action taken by the Planning and Zoning Commission on the development proposal. The developer shall not be required to waive the right to appeal as a condition of approval of the development project. C. Optional Escrow Provision – Where, in the opinion of the City, construction of a required public improvement should be deferred to a future date, the developer shall place in escrow with the City, an amount equal to the estimated cost of the improvements, as determined by the City Engineer. The Planning and Zoning Commission or City Council may consider an alternate arrangement when appropriate. Any escrow related to the construction of sidewalks shall adhere to the requirements set forth in Section F. D. City Participation in Over-Sizing – Where over-sizing of a public improvement is required by the Comprehensive Master Plan, Thoroughfare Plan, Water or Sewer Capital Improvements Plan or other planning document adopted by the City, City participation shall be in accordance with the provisions of any applicable Impact Fee Ordinance or City-Developer Agreement, which has been approved by the City Council. E. Public Easements – All public improvements shall be constructed within easements or rights-of-way that have been dedicated for public use. The width of an easement or right-of-way shall be in accordance with the specifications contained elsewhere in this Land Development Code. Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 5 F. Escrow Policy for Sidewalks 1. Request for Escrow Payments into escrow in lieu of constructing any sidewalk may only occur where recommended by the Supplemental Sidewalk System Map. The only exceptions to this requirement shall be as recommended by the Planning and Zoning Commission and/or City Council either as a condition to a formal sidewalk waiver request or as part of a Special Use Permit or Planned Unit Development request.Whenever these regulations require a property owner to construct a sidewalk for a dwelling unit, the property owner may petition the City for deposit of an escrowed amount, as established in this Section, in lieu of the required construction of a sidewalk. The Director of Public Works or the Director of Community Development shall determine whether the escrow is reasonable in lieu of the obligation to construct the improvement based on the Supplemental Sidewalk System Map. If an escrow request is denied, then the applicant may appeal that denial to the Planning and Zoning Commission if a written request for appeal is received by the Director of Public Works or the Director of Community Development within ten (10) days of the denial. The decision of the Planning and Zoning Commission shall be final. 2. Deposit with the City Whenever the City agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the City. This amount shall be paid prior to release of construction plans by the Director of Public Works. The obligations and responsibilities of the property owner shall become those of the property owner’s transferees, heirs, successors, and assigns; and the liability therefore shall be joint and several. 3. Determination of Escrow Amount The amount of the escrow shall be determined by using the average of the comparable bids awarded by the City in the preceding six (6) months for sidewalk design and construction or, if none exist, then current market value of the design and construction of a sidewalk in the City, to be determined by the Director of Public Works. The determination shall be based on reasonable current market value made as of the time the escrow is due. 4. Termination of Escrow Escrows fees paid to the City pursuant to this Section shall be held for a period of ten (10) years from the date of the deposit. If the City has not expended such funds on a sidewalk with the Sidewalk District of the dwelling unit that deposited the sidewalk escrow fee, and upon written request from the original party making the deposit, such funds shall be returned to the original party that paid the escrow fees with accrued interest, subject to the limitations in Subsection 6. Such return does not remove any obligations of the dwelling unit for construction of required improvement(s) if a building permit is applied for. 5. Refund If any public improvement for which escrow is deposited is constructed or is reconstructed by another governmental authority at no cost to the City, the escrow funds and accrued interest shall be refunded to the property owner or developer after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another governmental authority, the difference between the owner’s actual proportionate cost and the escrow funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements. 6. Interest Limitation If for any reason money is refunded within six (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued calculated at one percent (1%) less than the rate of actual earnings received on the escrowed funds. 7. Waiver of Escrow Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 6 The Developer may apply to the Planning and Zoning Commission for a waiver of the requirement to construct a sidewalk or escrow funds in lieu of construction as described in Section 9.19. The decision of the Planning and Zoning Commission is final. 8. Use of Escrow Funds Six (6) Sidewalk Districts are hereby established throughout the City. These districts shall share the same boundaries as the six (6) neighborhoods depicted on the Neighborhood Boundary Map in the 2004 – 2025 Colleyville Plan. The Sidewalk Districts are established so that sidewalk escrow funds will be expended within sufficient proximity to the dwelling unit that deposited the sidewalk escrow fee so as to reasonably benefit that dwelling unit. Funds escrowed pursuant to this Section shall be expended on design and construction of sidewalks located at any place within the same Sidewalk District as the dwelling unit depositing the sidewalk escrow fee. 9. Existing Escrow Funds i. All funds currently escrowed in lieu of sidewalk construction before the effective date of this Ordinance are subject to expenditure under this Ordinance unless a written objection is filed, by the owner of the lot for which the funds are escrowed, with the Director of Community Development within thirty (30) days after notice of this Ordinance is received. Notice of this Ordinance shall be sent to the current owner of the lot for which the funds are escrowed at the address listed in the most recent tax rolls of the City. If the person receiving notice under this subsection is not the current owner, then they must immediately notify the City of the person who purchased the property and provide the City with the address of that person. ii. If an objection is filed pursuant to the previous subsection, the Director of Community Development shall decide, within thirty (30) days, if the circumstances involving the particular lot and surrounding Sidewalk District reasonably require a return of the escrowed funds. The owner of the lot may appeal the decision of the Director of Community Development by filing a written objection, explaining the owner’s argument and requesting for a hearing before the City Council, with the City Secretary not later than ten (10) days after the Director of Community Development’s decision. After hearing the lot owner’s objections, City Council may either refund the escrowed money or deny the refund and order the funds to be used for future sidewalk construction on that lot or in that sidewalk district. iii. This Ordinance shall apply to any and all funds paid into the sidewalk escrow fund in lieu of sidewalk construction after the effective date of this Ordinance. Form for Escrow An escrow for the construction of a sidewalk pursuant to this Section shall be in the following form: In lieu of constructing the necessary sidewalks in the development, the developer shall be required to escrow funds for the construction the sidewalks which shall be dedicated to the City. The developer shall be required to escrow these funds in the amount of $ ___________, which includes contingencies, engineering, and design. This escrow requirement shall be fulfilled prior to the signing and filing of the approved final plat. Section 9.13 Water System Requirements A. Water Lines – The developer of a subdivision shall be required to install, at no cost to the City, a water distribution system adequate for domestic supply and for fire protection needs which serves each lot. The water system shall be connected to the municipal water system and be designed, sized and constructed in accordance with the city design standards and specifications contained in this Land Development Code. B. Fire Hydrants – The developer of a subdivision shall be required to install, at no cost to the City, a sufficient number of fire hydrants to provide fire protection to every lot in the subdivision. All structures in Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 7 residential areas shall have fire hydrants within 500 feet and a 600-foot hose-lay. All structures in commercial areas shall have fire hydrants within 300 feet and a 500-foot hose-lay. The design and construction of the fire hydrant system shall be in accordance with the city design standards and specifications contained in this Land Development Code. The layout of the fire hydrant coverage shall be approved by the Fire Marshal and be in accordance with the standards of the Texas State Board of Insurance requirements. (O-00-1261 / 12-19-00) Section 9.14 Sewage System Requirements A. Sewage Collection Lines – The developer of a subdivision shall be required to install, at no cost to the City, a sewage collection system adequate which shall serve each lot. The sewage collection system shall be connected to the municipal sewage system and be designed, sized and constructed in accordance with the city design standards and specifications contained in this Land Development Code. B. Private Sewage Treatment Systems – Private sewage treatments systems, including septic tanks, shall be prohibited except where approved by the Director of Public Services and the Tarrant County Health Department. Section 9.15 Storm Water Facility Requirements A. Drainage Improvement Requirements – The developer shall provide for the design of storm water management in the proposed subdivision and shall be required to furnish, install, construct, or extend, at his own expense, all storm sewers and drainage structure facilities necessary for the proper development of the subdivision. Storm water facilities shall conform to the storm water drainage master plan and shall be designed in accordance with the design standards and specifications contained in this Land Development Code. Alternate earthen channels may be approved when in accordance with the criteria established in Chapter 14 – Engineering Design Standards. B. Drainage Easements – All public drainage facilities shall be constructed within a public drainage easement or drainage right-of-way as required by the City. The following statement of restriction shall be placed in the dedication instrument of the subdivision plat: Drainage Easement Restriction: No construction or filling, without the written approval of the City of Colleyville shall be allowed within a drainage easement, and then only after detailed engineering plans and studies show that no flooding will result, that no obstruction to the natural flow of water will result, and subject to all owners of the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of two feet above the 100-year flood elevation. C. Development of Flood Plain – Land within the 100-year flood plain shall be subject to the Colleyville Flood Plain Ordinance. Any land which in the natural state is subject to a 100-year flood or which cannot be properly drained shall not be subdivided, re-subdivided, or developed until receipt of evidence that the construction of specific improvements proposed by the developer can be expected to yield a usable building site. Thereafter, the Planning and Zoning Commission may recommend approval of the plat. However, construction upon such land shall be prohibited until the specific improvements have been planned and construction completed. D. Floodway Easements 1. Floodway easements shall be provided along natural drainage-ways and lakes reservations. Floodway easements shall encompass all areas beneath the water surface elevation of the base flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined and required by the Director of Public Services. Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 8 2. The following statement of restrictions shall be placed in the dedication instrument of the subdivision plat: Floodway Easement Restriction: No construction shall be allowed within a floodway easement without the written approval of the City of Colleyville, and then only after detailed engineering plans and studies show that no flooding will result. E. Off-Site Drainage – The following provisions shall be applicable to off-site drainage of new subdivisions: 1. The developer shall be responsible for all runoff from fully developed property upstream of the proposed development. 2. Where a drainage study indicates that additional runoff from the developing property will overload downstream drainage facilities and result in hazardous conditions, the City may withhold approval of the development until appropriate provisions have been made. These provisions shall include any drainage design or construction plans necessary to accommodate the off-site drainage problem. Section 9.16 Street Improvement Requirements A. General Requirement – The developer shall construct, at his expense, street facilities necessary for the proper development of the subdivision. The street system shall provide access to every lot in the subdivision and be designed and constructed in accordance with the criteria contained in this Land Development Code. B. Improvements to Existing Unimproved Streets and Utilities – This section is applicable to a proposed development situated adjacent to an existing street or municipal utility, which does not meet the standards contained in the Land Development Code. (O-06-1562 / 02-07-06) 1 Improvements Required – If a proposed subdivision is situated adjacent to an existing street or municipal utility, which does not meet the standards contained in this Land Development Code, the developer shall bear the cost for constructing the infrastructure improvements required by this Land Development Code in accordance with the General Infrastructure Policy contained elsewhere in the Land Development Code. For the purpose of this regulation, the calculation used for estimating the reconstruction costs for an unimproved street shall include all street paving, curb and gutter, sidewalks, hike and bike trails, water and sewer utilities, and drainage improvements. The improvements shall be sized in accordance with the most recently approved Master Thoroughfare Plan or Capital Improvements Plan, which is applicable. 2. Escrow – The Administrative Official may recommend approval of a subdivision plat to the Approving Body conditioned upon the deposit in escrow of the estimated costs of the adjacent unimproved street and utility improvements in-lieu of the actual construction of said facilities. Any escrow, without interest, shall be applied against any assessment for improvements levied on such property, but shall not be deemed to release such property from liability for any future costs assessed which exceed the escrow. 3. One and Two Lot Residential Subdivisions – If a proposed residential subdivision contains only one or two lots and the developer does not own any contiguous property, in lieu of actual construction, the developer shall pay the applicable perimeter street costs in accordance with the General Infrastructure Policy contained elsewhere in this Land Development Code for the initial one hundred feet of street frontage. The applicable perimeter street costs shall be reduced 0.2% per linear foot of frontage in excess of one hundred feet, not to exceed fifty percent of the applicable additional street frontage. Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 9 Exemption: A lot platted under this Section that contains an existing single-family dwelling at the time a subdivision plat application is filed with the City and the lot is situated with a zoning district that allows single-family residential uses, said lot shall have an automatic exemption from the perimeter street costs, provided that existing perimeter street facilities are sufficient to assure the safe, effective and orderly movement of traffic in and about the subdivision and utility services are adequate to serve the development. The following notation shall be placed on the plat: “Any future divisions of these lots will require full compliance with the unimproved street requirements applicable at the time of any subsequent replatting.” Section 9.17 Street Design Criteria A. Street Functional Classification – All streets shall be designed in accordance with the functional classification shown on the most recent version of the Master Thoroughfare Plan and the following: Functional Classification of Streets Street Classification Functions - Uses Local Carries traffic from residential and commercial areas to collector streets and interconnects individual sites. Local streets carry light traffic volumes and trips are of a short duration. Collector Major Minor Carries traffic from local streets to arterial streets. Uses served would include medium and high density residential, limited commercial facilities, elementary schools, some small offices and as direct access within industrial parks. Collector streets also carry heavy traffic to major commercial and industrial facilities from arterial streets. Uses would include office parks, industrial parks, and community level commercial facilities. Arterial Major Minor The main function of an arterial is to carry traffic from on urban area to another. The arterial streets serve the major activity centers of urbanized areas. An arterial street is used for longer urban trips and carries a high portion of the total traffic with a minimum of mileage. B. Street Design 1. In-General – Streets shall be designed with due regard to topography, with due consideration of the abutting uses, and the anticipated destination of traffic and traffic volumes at full development of the neighborhood. Where necessary to prevent traffic congestion and to ease the movement of vehicles to and from principal traffic generators, additional right-of-way width or other special design shall be provided. Where topographical conditions make other treatment necessary to secure the best overall design, these standards may be modified by the approving body. 2. Street Continuity – The street layout shall provide for the continuation of the collector street system as shown on the Master Thoroughfare Plan. Streets shall provide connection to streets in adjacent subdivisions, but local streets shall be designed so as to discourage use by through traffic and to require the minimum number of streets necessary for convenient and safe access to property. 3. Curvilinear Streets Encouraged - The subdivider is encouraged to consider curvilinear, cul-de-sac, and loop street designs where such use would result in a more functional layout and not necessarily adhere to a rigid rectangular gridiron street pattern. 4. Right-of-way Widths – Every subdivision plat shall dedicate sufficient right-of-way to comply with the requirements of the Master Thoroughfare Plan. The right-of-way widths shall be designed for the intended use and anticipated traffic volume at optimum development of the area served. Additional right-of-way may be required at street intersections and to provide for left and right turn lanes at high- volume intersections. 5. Cul-de-sac Lengths – No street shall be designed as a permanent dead-end street, but shall be designed to incorporate a cul-de-sac which complies with this Section. (O-00-1261 / 12-19-00) Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 10 a. Diameter – A cul-de-sac street shall be provided at the closed end with a minimum property line right-of-way diameter of one hundred feet, and a pavement turn-around with a minimum outside diameter of eighty feet (80’). (O-00-1261 / 12-19-00) b. Length – No cul-de-sac street shall exceed six hundred feet (600’) in length, unless additional right-of-way width and additional pavement width are provided as required in this Section. Furthermore, no cul-de-sac street shall exceed the maximum length of one-thousand two hundred feet (1,200’). For purpose of this regulation, cul-de-sac length shall be measured along the centerline of the cul-de-sac from the intersecting street right-of-way line to the center point of the cul-de-sac. (O-00-1261 / 12-19-00) c. Width – A cul-de-sac street shall have a minimum right-of-way width of fifty feet (50’) and a minimum pavement width of thirty-one feet (31’), back-to-back of curb. However, a cul-de-sac street which exceeds six-hundred feet (600’) in length shall have a minimum right-of-way width of fifty-six feet (56’) and minimum pavement width of thirty-six feet (36’), back-to-back of curb. (O-00- 1261 / 12-19-00) d. Maximum Number of Lots – The maximum number of single-family lots served on a cul-de-sac street shall be as shown in the following table: (O-00-1261 / 12-19-00) Maximum SF Residences Served on Cul-de-sac District Max. Number of Lots Served AG 5 RE 5 R-40 10 R-30 10 R-20 12 R-15 12 PUD-R 12 e. Temporary Turn-Around – A temporary turn-around is required when a street is temporarily dead- ended and is longer one-hundred and fifty (150) feet, as measured from the intersecting street right-of-way line. The temporary turn-around shall be within a temporary easement and constructed of asphalt or concrete. (O-00-1261 / 12-19-00) 6. Temporary Dead-End Streets - Temporary dead-end streets shall have provision for future extension of the street and utilities and, if a temporary cul-de-sac is utilized, a reversionary right to the land abutting the turnaround for excess right-of-way shall be provided. 7. Stub-outs for Future Extensions - Permanent dead-end roads shall not be allowed. The street layout shall be extended to the tract boundary to provide for future access into adjoining tracts to assure adequate neighborhood circulation, unless prevented by topography or other physical conditions, or unless, the Planning and Zoning Commission determines that the extension is neither necessary for future development of adjacent tracts. In general, these extensions should be not more than one thousand (1,000) feet apart. 8. Pavement Required - All street surfaces within or abutting the proposed subdivision shall be paved, with curbs and gutters installed, and constructed in accordance with the standards and specifications contained elsewhere in this Land Development Code. 9. Frontage Access Road - Where a subdivision abuts or contains an existing or proposed collector street or railroad right-of-way or abuts a commercial or industrial land use, the City may require a frontage street approximately parallel to and on each side of such right-of-way to separate through Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 11 and local traffic, or reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or equivalent treatment as may be necessary for adequate protection of residential properties. 10. Half Streets - Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the Planning and Zoning Commission finds it will be practicable to require the dedication of the other half when the adjoining land is subdivided, the other half of the street shall be platted within such tract. 11. Number of Subdivision Entryways – Every subdivision shall be designed to provide sufficient access into the development to accommodate anticipated traffic demands and to provide for emergency public services using the criteria contained in this Section. (O-01-1280 / 08-08-01) a. Where a proposed subdivision, or cul-de-sac street, contains more than twelve (12) lots, the development shall provide for two entryways as follows: i. The development shall provide one street entryway and one emergency access easement. The emergency access easement shall be located on an adjacent or opposite side of the subdivision from the main entryway. The widths of the right-of-way and driving surfaces of the street entryway and the emergency access easement shall be in accordance with the standards contained elsewhere in this Land Development Code, or ii. The development shall provide two street entryways separated not less than one-hundred feet between the centerlines of the driving surfaces. The widths of the right-of-way and driving surfaces of the two entryways shall be in accordance with the standards contained elsewhere in this Land Development Code, or iii. The development shall provide a divided entryway and one emergency access easement. The driving surfaces of the divided entryway shall be separated by a median not less than ten (10) feet in width and provide for one-way traffic. The widths of the right-of-way and driving surfaces of the divided entryway shall be in accordance with the standards contained elsewhere in this Land Development Code. The emergency access easement shall be located on an adjacent or opposite side of the subdivision from the main entryway and be constructed in accordance with the standards contained elsewhere in this Land Development Code. b. If it is physically impractical or otherwise impossible to provide two entryways or to incorporate an emergency access easement into the development in accordance with the above stated requirements, the following alternative may be considered by the approving body: i. A single pavement width of forty-one (41) feet shall be constructed. Said pavement shall extend back from the intersecting street right-of-way a minimum distance of one-hundred (100’) feet. All residences within the subdivision shall contain automatic fire-sprinkler systems. c. If it is physically impractical or otherwise impossible to comply with the above-stated requirements, an alternative design may be submitted to the City Council for consideration. The approving body may approve the alternate design if it finds that the above-state requirements can not be satisfied and that all efforts have been made by the developer to comply with said requirements. 12. Reverse Curves - Between reverse curves there shall be a tangent section of centerline not less than one hundred feet (100’) long. C. Intersections Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 12 1. Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle of less than seventy-five (75) degrees shall not be acceptable. 2. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street Not more than two (2) streets shall intersect at any one point unless specifically approved by the City. 3. Street jogs with centerline offsets of less than one hundred thirty-five (135) feet shall not be permitted. 4. Local streets intersecting a collector street or larger shall have a tangent section of centerline at least fifty (50) feet in length measured from the right-of-way line of the collector street; however, no such tangent is required when the minor street curve has a centerline radius greater than four hundred (400) feet with the center located on the collector street right-of-way line. 5. At local street intersections, the property line corner shall be rounded by an arc having a radius of twelve (12) feet. This radius shall be increased when the smallest angle of intersection is less than eighty (80) degrees. At intersections of streets with major and collector streets the property line corners shall be rounded by an arc having a radius of twenty-five (25) feet. The approving body may submit comparable cut-offs or cords in place of rounded corners. 6. Where practical, spacing of intersections along collector streets shall be at least 500 feet apart. D. Easements – Easements for drainage and utility construction, service, and maintenance shall be provided in locations approved by the City and affected utilities according to the following standards: 1. Easement for the use of public utilities of not less than seven and one-half (7.5') feet in width shall be provided on each lot and extend along the entire length of the rear property line. Easements shall connect with easements already established on adjoining properties or extend to connect with a public right-of-way. No lot shall be shown with an easement which prevents proper development and full utilization of the lot as a suitable building site for the intended zoning district. 2. For lots of more than two hundred (200) feet deep, the utility easement shall be not less than sixteen (16) feet wide. 3. The width of any drainage easement shall be determined by the City Engineer or in accordance with the need for drainage improvements established by any drainage study. 4. All utility easements shall be dedicated as utility and/or drainage easements. 5. When an easement is granted for public purposes as a separate instrument, the following statement of restrictions shall be placed in dedication instrument: Utility Easements Any public utility, including the City of Colleyville, shall have the right to move and keep moved all or part of any building, fences, shrubs, other growths or improvements which in any way endanger or interfere wit h the construction, maintenance, or efficiency of its respective systems on any of the easements shown on the plat; and any public utility, including the City of Colleyville, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. E. Easements Adjacent to State Highways – When a proposed water or sewer line or drainage facility will be placed adjacent to a public road maintained by the Texas Department of Transportation, a separate specific use easement shall be provided for each utility or drainage facility. F. Emergency Access Easements – Emergency access easements shall have a clear unobstructed width to accommodate a pavement section of not less than twenty-four (24) feet in width. The emergency access Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 13 easement shall connect at each end to a dedicated public street or shall have a suitable size turnaround at the dead-end, and appropriate turning space at inside corners to permit free movement of emergency vehicles. An emergency access easement may be used as a driveway to gain access to parking or loading spaces, but shall not be used for parking. All emergency access gates shall provide for an opening of not less than twenty four (24) feet wide by fourteen (14) feet in height and include a locking and opening mechanism acceptable to the Fire Department. (03-20-07 / O-07-1613) G. Alleys – Alleys shall be provided in commercial and industrial districts and at the rear of multifamily residential building sites for adequate circulation. Where approved by the Fire Marshal, an emergency access easement not less than twenty-four feet (24’) in width shall be provided for emergency vehicle access in lieu of any alley. Alleys should intersect streets at right angles or radially to curved streets where sharp changes in alignment cannot be avoided. Property line corners shall be cut off fifteen feet (15’) on each side to permit safe vehicular movement. Dead-end alleys shall be prohibited except where prior development of land adjoining the subdivision permits no other reasonable design; under such circumstances alleys shall be provided with turnaround or back-around facilities at the dead-end adequate to permit clear maneuvering of sanitation trucks, utility service vehicles and emergency vehicles. Alleys shall be not less than the following widths: 1. Twenty feet (20’) where residential building sites are provided on both sides; 2. Twenty-two feet (22’) wherever residential development abuts commercial or industrial areas; 3. Twenty-four feet (24’) where commercial or industrial development abuts on both sides. H. Mutual Access Easements (O-02-1336 / 04-16-02) 1. Purpose – The purpose of this requirement is to provide public access to adjacent properties by reducing the number of driveway cuts and potential traffic accidents on adjacent streets. 2. Applicability – This Section shall be applicable to properties abutting and that may derive access from a Collector Street or Arterial Street as shown on the Master Thoroughfare Plan. 3. Requirement – The City shall require the dedication of a mutual access easement to provide cross access to adjacent properties or shared use of a driveway to conform with the minimum driveway standards contained in Chapter 14 of this Land Development Code. 4. Easement Dimensions – Easements for shared driveways shall be 16 feet in width and 35 feet in length, but may vary given the shape of the particular tract. Easements extending across the entire width of the property shall not be less than 24 feet in width. Section 9.18 Traffic Impact Analysis When a proposed subdivision plat is estimated to generate more than 1,000 vehicle trips per day, a traffic impact analysis shall be required with the earliest submittal of a plat application. The traffic impact analysis shall be prepared in accordance with the requirements of the Director of Public Services. The purpose of the traffic impact analysis is to determine the need for traffic mitigation measures which may include, but are not limited to, dedication of additional right-of-way, construction of turning lanes, or construction of traffic control facilities. This requirement may be waived when a traffic impact analysis was submitted at the time the current zoning was adopted and the traffic impact analysis is less than one year old. Any mitigating measures required shall be the responsibility of the developer, unless a cost-sharing agreement is approved by the City. Section 9.19 Sidewalks A. General Sidewalk Requirement – Sidewalks shall be constructed prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on the City’s Supplemental Sidewalk System Map, or; (2) are required as part of a Planned Unit Development or Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 14 Special use Permit; or, (3) front on a new street dedicated in conjunction with a subdivision plat. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the -screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions, any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. 1. Appeal to City Council – The decision by the Planning and Zoning Commission shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Commission to the enforcement official. If an appeal is received within ten (10) days as described above, the enforcement official shall place the applicant’s appeal request on the next available agenda for consideration by the City Council. 2. Applicability of Past Appeals to the City Council – All sidewalk appeal requests considered by the Planning and Zoning Commission between March 3, 2009 and December 18, 2012 may appeal the decision of the Planning and Zoning Commission regarding said appeals considered within said time frame per the provisions of section one to the City Council subject to the following provisions: a. All appeals allowed by section two must be filed no later than April 18, 2013. b. All appeals allowed by section two shall be sent in writing to the Director of Community Development. The decision of the Planning and Zoning Commission shall be considered to be final. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the -screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code. B. Trails System Sidewalks – When a proposed sidewalk coincides with the general location of a future sidewalk shown in the most recently approved Colleyville Trails System Plan, the sidewalk shall be constructed in accordance with the design standards for a trails system sidewalk. The standards and specifications for a trails system sidewalk are contained elsewhere in this Land Development Code. The developer shall be required to provide additional street right-of-way dedication or a public access easement of sufficient width to accommodate the trails system sidewalk. Where the trails system sidewalk will be located at the rear or to the side of a lot, such as within a green-belt or similar open space, the developer shall provide sufficient right-of-way or public access easement to accommodate the sidewalk. Section 9.20 Street Lighting A. General Requirements – The developer shall be required to install, at no cost to the City, a street lighting system at all street intersections, at the end of all cul-de-sac streets, and at additional locations in accordance with the criteria contained elsewhere in Chapter 14 – Engineering Design Standards of this Land Development Code. Section 9.21 Amendments to This Chapter Proposed Changes to Chapter 9 Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 15 Ord. Number Date Subject O-00-1261 12/19/00 Cul-de sac street lengths O-00-1261 12/19/00 Lot Drainage and Grading O-00-1261 12/19/00 Fire Hydrants O-00-1261 12/19/00 Divided Entryways O-00-1280 08/08/01 Number of Subdivision Entryways O-00-1214 12/18/01 Existing Unimproved Street Requirements O-02-1336 04/16/02 Mutual Access Easements O-06-1562 02/07/06 General Infrastructure Policy O-07-1613 03/20/07 Emergency Access Gates O-09-1712 03/03/09 Amendment to sidewalk regulations – Sections 9.12 and 9.19 O-12-1860 1/8/2013 Amendment to sidewalk regulations adding appeal to City Council Proposed Changes to Chapter 9 Address Applicant Submittal Date P&Z Hearing Date Request Final Action 1708 Oak Knoll Dr.Danielle Arnett 01/30/09 3/23/09; 4/13 Waiver of Escrow Requirement Denied Waiver-Must pay into escrow 6606 Herbert Rd.Thomas Cole Custom Homes 04/01/09 4/13/2009 Waiver of Construction Requirement Denied Waiver-must construct 7109 John McCain Rd.Bailey Draper 04/02/09 4/13/09 Waiver of Construction Requirement Denied Waiver- but given option to escrow in lieu of construction 2000 Renfro Rd.Shawn Mackey 04/30/09 5/11/09 Waiver of Construction Requirement Denied Waiver- but given option to escrow in lieu of construction 6216 Bettinger Road Robert Harness 08/25/09 9/14/09 Waiver of Construction Requirement Denied 5405 Pleasant Run Rd.David Sylvester 08/25/09 9/1409 Waiver of Construction Requirement Denied 6005 Hunter Lane Thomas & Lori Halverson 08/28/09 9/14/09 Waiver of Escrow Requirement Denied 6600 Pleasant Run Road Mark Cameron 3/15/10 4/12/10 Waiver of Construction Requirement Approved subject to constructing a sidewalk along Pleasant Run Rd. with no sidewalk required along McDonwell School Road 204 White Drive Chris Putnam 07/12/12 7/23/2012; 8/13/12 Waiver of Construction Requirement Denied Waiver- but given option to escrow in lieu of construction 800 Beverly Drive Mindy McClure 08/16/12 9/10/2012 Waiver of Construction Requirement Denied 1916 Renfro Rd.Demetri Jobson 08/29/12 9/10/12 Waiver of Construction Requirement Denied 509 Black Drive Sam Noel 09/28/12 10/22/2012 Waiver of Construction Requirement Denied Waiver- but given option to escrow in lieu of construction Sidewalk Waiver Requests Considered by the Planning and Zoning Commission ORDINANCE O-12-1860 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 9-SUBDIVISION DESIGN AND PUBLIC FACILITIES OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance O-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council approved Ordinance O-09-1712 on March 3, 2009 amending the sidewalk construction, escrow, and waiver provisions in Chapter 9; and WHEREAS, the City Council desires to further amend the waiver provisions by adding an appeal process to the City Council upon action by the Planning and Zoning Commission; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 9-Subdivision Design and Public Facilities of the Land Development Code, is hereby amended in its entirety to read as depicted in the attached Exhibit “A”. Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that Ordinance O-12-1860 Page 2 of 2 portion so decided to be invalid or unconstitutional. Sec. 4. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5. 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 18th day of December 2012. The second reading and public hearing being conducted on the 8th day of January 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _________ day of ________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 1 Chapter 9 Subdivision Design & Public Facilities Rev. 1/8/2013 Section 9.1 Purpose of This Chapter The purpose of this Chapter is to establish design guidelines necessary for proper layout of a subdivision and to establish the public improvement requirements for the development of a subdivision, but more specifically to: 1. ensure that public facilities and services are available to all subdivisions in the City; and 2. establish reasonable standards of design for public facilities. Section 9.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the following authority: 1. Chapter 212 – Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality’s jurisdiction. 2. Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. 3. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 9.3 Variances and Appeals 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 using the procedures described in Chapter 1 – General Provisions of this Land Development Code. Section 9.4 Definitions Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development Code. Section 9.5 Subdivision Design Guidelines Every subdivision plat shall be reviewed for conformance with the design guidelines contained in this Chapter. The City recognizes that suitability characteristics vary from site to site and when approving a subdivision plat the following guidelines shall be used for interpretation, application and enforcement of the design guidelines contained in this Chapter: 1. It is the intention of these subdivision design guidelines to encourage new and creative ways to develop subdivisions. Developers and city officials are encouraged to utilize new and innovative ways to improve safety, economy, tax yield, maintenance cost, response time, drainage, vehicular access, and pedestrian Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 2 passage. 2. Whenever a subdivider can demonstrate an alternative method of meeting the requirements of this Chapter, it shall be incumbent upon the city staff, the Planning and Zoning Commission, and the City Council to review the proposed variations and approve, approve with modifications, or disapprove the proposed alternatives as appropriate for the conditions. Section 9.6 Blocks A. General Design – Blocks should have sufficient depth to provide for two (2) tiers of lots of appropriate depths, except that blocks adjacent to major streets, railroads or waterways shall have only one tier of lots. B. Block Lengths & Widths – Residential and industrial blocks generally shall be no longer than sixteen hundred (1,600) feet and business blocks no longer than one thousand (1,000) feet. Where long blocks in the vicinity of a school, park or shopping center are proposed, the City Council may require a public walkway near the middle of long blocks or opposite a street that terminates between the streets at the ends of the block. Section 9.7 Lots A. Lot Arrangement – Lots shall be arranged to provide access to lots from approved streets and to avoid foreseeable difficulties due to topography and natural physical features inherent to the property. B. Lot Area and Dimensions – Lot area and dimensions shall be consistent with the minimum requirements of the applicable zoning district and the following: 1. Special Lot Width Requirement - The width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width. In the case of lots on the turning circle of a cul-de-sac, the width may be less than eighty (80) percent of the required lot width. 2. The City may approve a plat which contains a lot that does not meet the minimum requirements when special conditions exist. C. Frontage on Public Access Required – All lots shall have frontage on a public street, except a non- residential lot may be approved when the proposed public access has been determined by City to be adequate to meet the intent of this requirement. The lot line common to the street right-of-way line shall be the front line; except that a lot may have more than one lot line common to a street right-of-way line. D. Access from Major Thoroughfares 1. Residential Lots - No residential lot shall front on or derive access directly from an existing or proposed collector street, or larger, as shown on the Master Thoroughfare Plan, except where the proposed subdivision meets all the following criteria: a. Where the only street frontage which may be provided to the residential lot is from a collector street due to the shape, topography, or other physical condition of the property; b. The City Engineer has provided favorable recommendation; and. c. Where the residential lot is designed and dimensioned to permit loop driveways or on-site turnaround facilities so that vehicles head into the collector street. 2. Non-residential Lots – Non-residential lots which have frontage onto or derive access directly from an existing or proposed collector street, or larger, as shown on the Master Thoroughfare Plan, shall have Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 3 driveway locations which comply with the spacing requirements established elsewhere in Chapter 14 – Engineering Design Standards of this Land Development Code. E. Buildable Area – Every lot shall contain a buildable area that is adequate in size for the proposed development. The buildable area shall be situated out of the 100 year flood plain. F. Flag Lots Prohibited – It is the policy of the City to prohibit the creation of flag lots unnecessarily, and to discourage the creation of any lot which, by virtue of its relatively great depth in relation to its width, is likely to facilitate future requests for re-subdivision to create a flag lot. G. Building Lines – Front building lines shall be shown on all lots in the subdivision. Building lines shall be shown along each street-facing of corner lots and through-lots. The building line shall be consistent with the requirements of the applicable zoning district, however, the City may approve a building line which differs from the zoning requirements when special conditions exist. H. Side Lot Lines – Where possible, all side lot lines shall be at right angles to straight street lines and radial to curved street lines. I. Lot Drainage and Grading 1. Grading and drainage of all lots shall be designed in a manner which will allow one lot to drain across an adjacent lot and into a permanent structure, such as a concrete flume, lined channel, or proper inlet to an adequate drainage facility, or to a street right-of-way. If an approved drainage structure is not present, it will be required of the developer to construct the necessary facilities. (O-00-1261 / 12-19- 00) 2. Sheet flow techniques shall be used for lot to lot drainage where possible. (O-00-1261 / 12-19-00) 3. Single lots shall accommodate their own drainage into an approved structure where topographic elevations allow this to occur. (O-00-1261 / 12-19-00) Section 9.8 Waterbodies and Water Courses If a tract being subdivided contains a water body, or portion thereof, lot lines shall be drawn so as to distribute the entire ownership of the water body among the adjacent lots. The City may approve an alternate plan provided the ownership of and responsibility for maintenance of the water body is so placed that it will not become a City responsibility. Where a watercourse separates the buildable area of a lot from the street by which it has access, provision shall be made for installation of a culvert or other structure, of design approved by the City. Any lot which includes a water body and contains a building site, contain a buildable area that is not less than the minimum buildable area for the applicable zoning district. Section 9.9 Street Names The developer shall submit all existing and proposed street names on any proposed subdivision plat. New street names shall be sufficiently different in sound and in spelling from other road names in the city so as to not cause confusion to the general public or for emergency response. A road which is, or planned, as a continuation of an existing road shall bear the same name. Section 9.10 Reserve Strips and Common Areas The creation of reserve strips shall not be permitted adjacent to a proposed street or to adjacent property in such a manner as to deny access from adjacent property to the street. No common areas shall be allowed in Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 4 a subdivision except where notation has been placed on the plat to prohibit development on the common area. Section 9.11 Double Frontage Lots Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from a collector street or to overcome specific disadvantages of topography and orientation. The City may require that a notation be placed on the plat to limit the facing of main structures or to limit driveway access from a collector street. Section 9.12 General Infrastructure Policy (03-03-09 / O-09-1712) A. General Requirement – The developer of a subdivision shall install all water, sewer, street, sidewalk and drainage improvements, and any other facilities required by this Land Development Code, which are necessary for the proper development of the subdivision. The design, construction and inspection of any public facilities shall be a cost to the developer, unless the City has entered into an agreement for cost sharing. All such facilities shall be designed and constructed in accordance with the criteria contained in this Land Development Code and be in conformance with the general layout of the City of Colleyville Master Land Use Plan and Capital Improvements Plan. The public facility requirement of this section shall be applicable to the upgrading of any existing facilities which do not meet current standards. B. Apportionment of Infrastructure Costs – As a condition of the approval of a development, the developer’s portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. 1. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for delivery of emergency services. 2. The professional engineer making the proportionality determination may rely on categorical findings from comparable public improvement projects for establishing a cost basis. The basis used for determining estimated costs shall be revised annually on July 1 by the Colleyville Engineering Department. 3. A developer who disputes the determination by said professional engineer may appeal to the City Council and present testimony and evidence in support of the appeal. The appeal shall be written and filed with the City Secretary within ten (10) days after the date action taken by the Planning and Zoning Commission on the development proposal. The developer shall not be required to waive the right to appeal as a condition of approval of the development project. C. Optional Escrow Provision – Where, in the opinion of the City, construction of a required public improvement should be deferred to a future date, the developer shall place in escrow with the City, an amount equal to the estimated cost of the improvements, as determined by the City Engineer. The Planning and Zoning Commission or City Council may consider an alternate arrangement when appropriate. Any escrow related to the construction of sidewalks shall adhere to the requirements set forth in Section F. D. City Participation in Over-Sizing – Where over-sizing of a public improvement is required by the Comprehensive Master Plan, Thoroughfare Plan, Water or Sewer Capital Improvements Plan or other planning document adopted by the City, City participation shall be in accordance with the provisions of any applicable Impact Fee Ordinance or City-Developer Agreement, which has been approved by the City Council. E. Public Easements – All public improvements shall be constructed within easements or rights-of-way that have been dedicated for public use. The width of an easement or right-of-way shall be in accordance with the specifications contained elsewhere in this Land Development Code. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 5 F. Escrow Policy for Sidewalks 1. Request for Escrow Payments into escrow in lieu of constructing any sidewalk may only occur where recommended by the Supplemental Sidewalk System Map. The only exceptions to this requirement shall be as recommended by the Planning and Zoning Commission and/or City Council either as a condition to a formal sidewalk waiver request or as part of a Special Use Permit or Planned Unit Development request. 2. Deposit with the City Whenever the City agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the City. This amount shall be paid prior to release of construction plans by the Director of Public Works. The obligations and responsibilities of the property owner shall become those of the property owner’s transferees, heirs, successors, and assigns; and the liability therefore shall be joint and several. 3. Determination of Escrow Amount The amount of the escrow shall be determined by using the average of the comparable bids awarded by the City in the preceding six (6) months for sidewalk design and construction or, if none exist, then current market value of the design and construction of a sidewalk in the City, to be determined by the Director of Public Works. The determination shall be based on reasonable current market value made as of the time the escrow is due. 4. Termination of Escrow Escrows fees paid to the City pursuant to this Section shall be held for a period of ten (10) years from the date of the deposit. If the City has not expended such funds on a sidewalk with the Sidewalk District of the dwelling unit that deposited the sidewalk escrow fee, and upon written request from the original party making the deposit, such funds shall be returned to the original party that paid the escrow fees with accrued interest, subject to the limitations in Subsection 6. Such return does not remove any obligations of the dwelling unit for construction of required improvement(s) if a building permit is applied for. 5. Refund If any public improvement for which escrow is deposited is constructed or is reconstructed by another governmental authority at no cost to the City, the escrow funds and accrued interest shall be refunded to the property owner or developer after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another governmental authority, the difference between the owner’s actual proportionate cost and the escrow funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements. 6. Interest Limitation If for any reason money is refunded within six (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued calculated at one percent (1%) less than the rate of actual earnings received on the escrowed funds. 7. Waiver of Escrow The Developer may apply to the Planning and Zoning Commission for a waiver of the requirement to construct a sidewalk or escrow funds in lieu of construction as described in Section 9.19. 8. Use of Escrow Funds Six (6) Sidewalk Districts are hereby established throughout the City. These districts shall share the same boundaries as the six (6) neighborhoods depicted on the Neighborhood Boundary Map in the 2004 – 2025 Colleyville Plan. The Sidewalk Districts are established so that sidewalk escrow funds will Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 6 be expended within sufficient proximity to the dwelling unit that deposited the sidewalk escrow fee so as to reasonably benefit that dwelling unit. Funds escrowed pursuant to this Section shall be expended on design and construction of sidewalks located at any place within the same Sidewalk District as the dwelling unit depositing the sidewalk escrow fee. Form for Escrow An escrow for the construction of a sidewalk pursuant to this Section shall be in the following form: In lieu of constructing the necessary sidewalks in the development, the developer shall be required to escrow funds for the construction the sidewalks which shall be dedicated to the City. The developer shall be required to escrow these funds in the amount of $ ___________, which includes contingencies, engineering, and design. This escrow requirement shall be fulfilled prior to the signing and filing of the approved final plat. Section 9.13 Water System Requirements A. Water Lines – The developer of a subdivision shall be required to install, at no cost to the City, a water distribution system adequate for domestic supply and for fire protection needs which serves each lot. The water system shall be connected to the municipal water system and be designed, sized and constructed in accordance with the city design standards and specifications contained in this Land Development Code. B. Fire Hydrants – The developer of a subdivision shall be required to install, at no cost to the City, a sufficient number of fire hydrants to provide fire protection to every lot in the subdivision. All structures in residential areas shall have fire hydrants within 500 feet and a 600-foot hose-lay. All structures in commercial areas shall have fire hydrants within 300 feet and a 500-foot hose-lay. The design and construction of the fire hydrant system shall be in accordance with the city design standards and specifications contained in this Land Development Code. The layout of the fire hydrant coverage shall be approved by the Fire Marshal and be in accordance with the standards of the Texas State Board of Insurance requirements. (O-00-1261 / 12-19-00) Section 9.14 Sewage System Requirements A. Sewage Collection Lines – The developer of a subdivision shall be required to install, at no cost to the City, a sewage collection system adequate which shall serve each lot. The sewage collection system shall be connected to the municipal sewage system and be designed, sized and constructed in accordance with the city design standards and specifications contained in this Land Development Code. B. Private Sewage Treatment Systems – Private sewage treatments systems, including septic tanks, shall be prohibited except where approved by the Director of Public Services and the Tarrant County Health Department. Section 9.15 Storm Water Facility Requirements A. Drainage Improvement Requirements – The developer shall provide for the design of storm water management in the proposed subdivision and shall be required to furnish, install, construct, or extend, at his own expense, all storm sewers and drainage structure facilities necessary for the proper development of the subdivision. Storm water facilities shall conform to the storm water drainage master plan and shall be designed in accordance with the design standards and specifications contained in this Land Development Code. Alternate earthen channels may be approved when in accordance with the criteria established in Chapter 14 – Engineering Design Standards. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 7 B. Drainage Easements – All public drainage facilities shall be constructed within a public drainage easement or drainage right-of-way as required by the City. The following statement of restriction shall be placed in the dedication instrument of the subdivision plat: Drainage Easement Restriction: No construction or filling, without the written approval of the City of Colleyville shall be allowed within a drainage easement, and then only after detailed engineering plans and studies show that no flooding will result, that no obstruction to the natural flow of water will result, and subject to all owners of the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of two feet above the 100-year flood elevation. C. Development of Flood Plain – Land within the 100-year flood plain shall be subject to the Colleyville Flood Plain Ordinance. Any land which in the natural state is subject to a 100-year flood or which cannot be properly drained shall not be subdivided, re-subdivided, or developed until receipt of evidence that the construction of specific improvements proposed by the developer can be expected to yield a usable building site. Thereafter, the Planning and Zoning Commission may recommend approval of the plat. However, construction upon such land shall be prohibited until the specific improvements have been planned and construction completed. D. Floodway Easements 1. Floodway easements shall be provided along natural drainage-ways and lakes reservations. Floodway easements shall encompass all areas beneath the water surface elevation of the base flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined and required by the Director of Public Services. 2. The following statement of restrictions shall be placed in the dedication instrument of the subdivision plat: Floodway Easement Restriction: No construction shall be allowed within a floodway easement without the written approval of the City of Colleyville, and then only after detailed engineering plans and studies show that no flooding will result. E. Off-Site Drainage – The following provisions shall be applicable to off-site drainage of new subdivisions: 1. The developer shall be responsible for all runoff from fully developed property upstream of the proposed development. 2. Where a drainage study indicates that additional runoff from the developing property will overload downstream drainage facilities and result in hazardous conditions, the City may withhold approval of the development until appropriate provisions have been made. These provisions shall include any drainage design or construction plans necessary to accommodate the off-site drainage problem. Section 9.16 Street Improvement Requirements A. General Requirement – The developer shall construct, at his expense, street facilities necessary for the proper development of the subdivision. The street system shall provide access to every lot in the subdivision and be designed and constructed in accordance with the criteria contained in this Land Development Code. B. Improvements to Existing Unimproved Streets and Utilities – This section is applicable to a proposed development situated adjacent to an existing street or municipal utility, which does not meet the standards contained in the Land Development Code. (O-06-1562 / 02-07-06) Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 8 1 Improvements Required – If a proposed subdivision is situated adjacent to an existing street or municipal utility, which does not meet the standards contained in this Land Development Code, the developer shall bear the cost for constructing the infrastructure improvements required by this Land Development Code in accordance with the General Infrastructure Policy contained elsewhere in the Land Development Code. For the purpose of this regulation, the calculation used for estimating the reconstruction costs for an unimproved street shall include all street paving, curb and gutter, sidewalks, hike and bike trails, water and sewer utilities, and drainage improvements. The improvements shall be sized in accordance with the most recently approved Master Thoroughfare Plan or Capital Improvements Plan, which is applicable. 2. Escrow – The Administrative Official may recommend approval of a subdivision plat to the Approving Body conditioned upon the deposit in escrow of the estimated costs of the adjacent unimproved street and utility improvements in-lieu of the actual construction of said facilities. Any escrow, without interest, shall be applied against any assessment for improvements levied on such property, but shall not be deemed to release such property from liability for any future costs assessed which exceed the escrow. 3. One and Two Lot Residential Subdivisions – If a proposed residential subdivision contains only one or two lots and the developer does not own any contiguous property, in lieu of actual construction, the developer shall pay the applicable perimeter street costs in accordance with the General Infrastructure Policy contained elsewhere in this Land Development Code for the initial one hundred feet of street frontage. The applicable perimeter street costs shall be reduced 0.2% per linear foot of frontage in excess of one hundred feet, not to exceed fifty percent of the applicable additional street frontage. Exemption: A lot platted under this Section that contains an existing single-family dwelling at the time a subdivision plat application is filed with the City and the lot is situated with a zoning district that allows single-family residential uses, said lot shall have an automatic exemption from the perimeter street costs, provided that existing perimeter street facilities are sufficient to assure the safe, effective and orderly movement of traffic in and about the subdivision and utility services are adequate to serve the development. The following notation shall be placed on the plat: “Any future divisions of these lots will require full compliance with the unimproved street requirements applicable at the time of any subsequent replatting.” Section 9.17 Street Design Criteria A. Street Functional Classification – All streets shall be designed in accordance with the functional classification shown on the most recent version of the Master Thoroughfare Plan and the following: Functional Classification of Streets Street Classification Functions - Uses Local Carries traffic from residential and commercial areas to collector streets and interconnects individual sites. Local streets carry light traffic volumes and trips are of a short duration. Collector Major Minor Carries traffic from local streets to arterial streets. Uses served would include medium and high density residential, limited commercial facilities, elementary schools, some small offices and as direct access within industrial parks. Collector streets also carry heavy traffic to major commercial and industrial facilities from arterial streets. Uses would include office parks, industrial parks, and community level commercial facilities. Arterial Major Minor The main function of an arterial is to carry traffic from on urban area to another. The arterial streets serve the major activity centers of urbanized areas. An arterial street is used for longer urban trips and carries a high portion of the total traffic with a minimum of mileage. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 9 B. Street Design 1. In-General – Streets shall be designed with due regard to topography, with due consideration of the abutting uses, and the anticipated destination of traffic and traffic volumes at full development of the neighborhood. Where necessary to prevent traffic congestion and to ease the movement of vehicles to and from principal traffic generators, additional right-of-way width or other special design shall be provided. Where topographical conditions make other treatment necessary to secure the best overall design, these standards may be modified by the approving body. 2. Street Continuity – The street layout shall provide for the continuation of the collector street system as shown on the Master Thoroughfare Plan. Streets shall provide connection to streets in adjacent subdivisions, but local streets shall be designed so as to discourage use by through traffic and to require the minimum number of streets necessary for convenient and safe access to property. 3. Curvilinear Streets Encouraged - The subdivider is encouraged to consider curvilinear, cul-de-sac, and loop street designs where such use would result in a more functional layout and not necessarily adhere to a rigid rectangular gridiron street pattern. 4. Right-of-way Widths – Every subdivision plat shall dedicate sufficient right-of-way to comply with the requirements of the Master Thoroughfare Plan. The right-of-way widths shall be designed for the intended use and anticipated traffic volume at optimum development of the area served. Additional right-of-way may be required at street intersections and to provide for left and right turn lanes at high- volume intersections. 5. Cul-de-sac Lengths – No street shall be designed as a permanent dead-end street, but shall be designed to incorporate a cul-de-sac which complies with this Section. (O-00-1261 / 12-19-00) a. Diameter – A cul-de-sac street shall be provided at the closed end with a minimum property line right-of-way diameter of one hundred feet, and a pavement turn-around with a minimum outside diameter of eighty feet (80’). (O-00-1261 / 12-19-00) b. Length – No cul-de-sac street shall exceed six hundred feet (600’) in length, unless additional right-of-way width and additional pavement width are provided as required in this Section. Furthermore, no cul-de-sac street shall exceed the maximum length of one-thousand two hundred feet (1,200’). For purpose of this regulation, cul-de-sac length shall be measured along the centerline of the cul-de-sac from the intersecting street right-of-way line to the center point of the cul-de-sac. (O-00-1261 / 12-19-00) c. Width – A cul-de-sac street shall have a minimum right-of-way width of fifty feet (50’) and a minimum pavement width of thirty-one feet (31’), back-to-back of curb. However, a cul-de-sac street which exceeds six-hundred feet (600’) in length shall have a minimum right-of-way width of fifty-six feet (56’) and minimum pavement width of thirty-six feet (36’), back-to-back of curb. (O-00- 1261 / 12-19-00) d. Maximum Number of Lots – The maximum number of single-family lots served on a cul-de-sac street shall be as shown in the following table: (O-00-1261 / 12-19-00) Maximum SF Residences Served on Cul-de-sac District Max. Number of Lots Served AG 5 RE 5 R-40 10 R-30 10 R-20 12 Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 10 R-15 12 PUD-R 12 e. Temporary Turn-Around – A temporary turn-around is required when a street is temporarily dead- ended and is longer one-hundred and fifty (150) feet, as measured from the intersecting street right-of-way line. The temporary turn-around shall be within a temporary easement and constructed of asphalt or concrete. (O-00-1261 / 12-19-00) 6. Temporary Dead-End Streets - Temporary dead-end streets shall have provision for future extension of the street and utilities and, if a temporary cul-de-sac is utilized, a reversionary right to the land abutting the turnaround for excess right-of-way shall be provided. 7. Stub-outs for Future Extensions - Permanent dead-end roads shall not be allowed. The street layout shall be extended to the tract boundary to provide for future access into adjoining tracts to assure adequate neighborhood circulation, unless prevented by topography or other physical conditions, or unless, the Planning and Zoning Commission determines that the extension is neither necessary for future development of adjacent tracts. In general, these extensions should be not more than one thousand (1,000) feet apart. 8. Pavement Required - All street surfaces within or abutting the proposed subdivision shall be paved, with curbs and gutters installed, and constructed in accordance with the standards and specifications contained elsewhere in this Land Development Code. 9. Frontage Access Road - Where a subdivision abuts or contains an existing or proposed collector street or railroad right-of-way or abuts a commercial or industrial land use, the City may require a frontage street approximately parallel to and on each side of such right-of-way to separate through and local traffic, or reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or equivalent treatment as may be necessary for adequate protection of residential properties. 10. Half Streets - Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the Planning and Zoning Commission finds it will be practicable to require the dedication of the other half when the adjoining land is subdivided, the other half of the street shall be platted within such tract. 11. Number of Subdivision Entryways – Every subdivision shall be designed to provide sufficient access into the development to accommodate anticipated traffic demands and to provide for emergency public services using the criteria contained in this Section. (O-01-1280 / 08-08-01) a. Where a proposed subdivision, or cul-de-sac street, contains more than twelve (12) lots, the development shall provide for two entryways as follows: i. The development shall provide one street entryway and one emergency access easement. The emergency access easement shall be located on an adjacent or opposite side of the subdivision from the main entryway. The widths of the right-of-way and driving surfaces of the street entryway and the emergency access easement shall be in accordance with the standards contained elsewhere in this Land Development Code, or ii. The development shall provide two street entryways separated not less than one-hundred feet between the centerlines of the driving surfaces. The widths of the right-of-way and driving surfaces of the two entryways shall be in accordance with the standards contained elsewhere in this Land Development Code, or iii. The development shall provide a divided entryway and one emergency access easement. The driving surfaces of the divided entryway shall be separated by a median not less than ten (10) feet in width and provide for one-way traffic. The widths of the right-of-way and driving Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 11 surfaces of the divided entryway shall be in accordance with the standards contained elsewhere in this Land Development Code. The emergency access easement shall be located on an adjacent or opposite side of the subdivision from the main entryway and be constructed in accordance with the standards contained elsewhere in this Land Development Code. b. If it is physically impractical or otherwise impossible to provide two entryways or to incorporate an emergency access easement into the development in accordance with the above stated requirements, the following alternative may be considered by the approving body: i. A single pavement width of forty-one (41) feet shall be constructed. Said pavement shall extend back from the intersecting street right-of-way a minimum distance of one-hundred (100’) feet. All residences within the subdivision shall contain automatic fire-sprinkler systems. c. If it is physically impractical or otherwise impossible to comply with the above-stated requirements, an alternative design may be submitted to the City Council for consideration. The approving body may approve the alternate design if it finds that the above-state requirements can not be satisfied and that all efforts have been made by the developer to comply with said requirements. 12. Reverse Curves - Between reverse curves there shall be a tangent section of centerline not less than one hundred feet (100’) long. C. Intersections 1. Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle of less than seventy-five (75) degrees shall not be acceptable. 2. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street Not more than two (2) streets shall intersect at any one point unless specifically approved by the City. 3. Street jogs with centerline offsets of less than one hundred thirty-five (135) feet shall not be permitted. 4. Local streets intersecting a collector street or larger shall have a tangent section of centerline at least fifty (50) feet in length measured from the right-of-way line of the collector street; however, no such tangent is required when the minor street curve has a centerline radius greater than four hundred (400) feet with the center located on the collector street right-of-way line. 5. At local street intersections, the property line corner shall be rounded by an arc having a radius of twelve (12) feet. This radius shall be increased when the smallest angle of intersection is less than eighty (80) degrees. At intersections of streets with major and collector streets the property line corners shall be rounded by an arc having a radius of twenty-five (25) feet. The approving body may submit comparable cut-offs or cords in place of rounded corners. 6. Where practical, spacing of intersections along collector streets shall be at least 500 feet apart. D. Easements – Easements for drainage and utility construction, service, and maintenance shall be provided in locations approved by the City and affected utilities according to the following standards: 1. Easement for the use of public utilities of not less than seven and one-half (7.5') feet in width shall be provided on each lot and extend along the entire length of the rear property line. Easements shall connect with easements already established on adjoining properties or extend to connect with a public right-of-way. No lot shall be shown with an easement which prevents proper development and full utilization of the lot as a suitable building site for the intended zoning district. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 12 2. For lots of more than two hundred (200) feet deep, the utility easement shall be not less than sixteen (16) feet wide. 3. The width of any drainage easement shall be determined by the City Engineer or in accordance with the need for drainage improvements established by any drainage study. 4. All utility easements shall be dedicated as utility and/or drainage easements. 5. When an easement is granted for public purposes as a separate instrument, the following statement of restrictions shall be placed in dedication instrument: Utility Easements Any public utility, including the City of Colleyville, shall have the right to move and keep moved all or part of any building, fences, shrubs, other growths or improvements which in any way endanger or interfere wit h the construction, maintenance, or efficiency of its respective systems on any of the easements shown on the plat; and any public utility, including the City of Colleyville, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. E. Easements Adjacent to State Highways – When a proposed water or sewer line or drainage facility will be placed adjacent to a public road maintained by the Texas Department of Transportation, a separate specific use easement shall be provided for each utility or drainage facility. F. Emergency Access Easements – Emergency access easements shall have a clear unobstructed width to accommodate a pavement section of not less than twenty-four (24) feet in width. The emergency access easement shall connect at each end to a dedicated public street or shall have a suitable size turnaround at the dead-end, and appropriate turning space at inside corners to permit free movement of emergency vehicles. An emergency access easement may be used as a driveway to gain access to parking or loading spaces, but shall not be used for parking. All emergency access gates shall provide for an opening of not less than twenty four (24) feet wide by fourteen (14) feet in height and include a locking and opening mechanism acceptable to the Fire Department. (03-20-07 / O-07-1613) G. Alleys – Alleys shall be provided in commercial and industrial districts and at the rear of multifamily residential building sites for adequate circulation. Where approved by the Fire Marshal, an emergency access easement not less than twenty-four feet (24’) in width shall be provided for emergency vehicle access in lieu of any alley. Alleys should intersect streets at right angles or radially to curved streets where sharp changes in alignment cannot be avoided. Property line corners shall be cut off fifteen feet (15’) on each side to permit safe vehicular movement. Dead-end alleys shall be prohibited except where prior development of land adjoining the subdivision permits no other reasonable design; under such circumstances alleys shall be provided with turnaround or back-around facilities at the dead-end adequate to permit clear maneuvering of sanitation trucks, utility service vehicles and emergency vehicles. Alleys shall be not less than the following widths: 1. Twenty feet (20’) where residential building sites are provided on both sides; 2. Twenty-two feet (22’) wherever residential development abuts commercial or industrial areas; 3. Twenty-four feet (24’) where commercial or industrial development abuts on both sides. H. Mutual Access Easements (O-02-1336 / 04-16-02) 1. Purpose – The purpose of this requirement is to provide public access to adjacent properties by reducing the number of driveway cuts and potential traffic accidents on adjacent streets. 2. Applicability – This Section shall be applicable to properties abutting and that may derive access from a Collector Street or Arterial Street as shown on the Master Thoroughfare Plan. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 13 3. Requirement – The City shall require the dedication of a mutual access easement to provide cross access to adjacent properties or shared use of a driveway to conform with the minimum driveway standards contained in Chapter 14 of this Land Development Code. 4. Easement Dimensions – Easements for shared driveways shall be 16 feet in width and 35 feet in length, but may vary given the shape of the particular tract. Easements extending across the entire width of the property shall not be less than 24 feet in width. Section 9.18 Traffic Impact Analysis When a proposed subdivision plat is estimated to generate more than 1,000 vehicle trips per day, a traffic impact analysis shall be required with the earliest submittal of a plat application. The traffic impact analysis shall be prepared in accordance with the requirements of the Director of Public Services. The purpose of the traffic impact analysis is to determine the need for traffic mitigation measures which may include, but are not limited to, dedication of additional right-of-way, construction of turning lanes, or construction of traffic control facilities. This requirement may be waived when a traffic impact analysis was submitted at the time the current zoning was adopted and the traffic impact analysis is less than one year old. Any mitigating measures required shall be the responsibility of the developer, unless a cost-sharing agreement is approved by the City. Section 9.19 Sidewalks A. General Sidewalk Requirement – Sidewalks shall be constructed prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on the City’s Supplemental Sidewalk System Map, or; (2) are required as part of a Planned Unit Development or Special use Permit; or, (3) front on a new street dedicated in conjunction with a subdivision plat. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the -screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions, any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. 1. Appeal to City Council – The decision by the Planning and Zoning Commission shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Commission to the enforcement official. If an appeal is received within ten (10) days as described above, the enforcement official shall place the applicant’s appeal request on the next available agenda for consideration by the City Council. 2. Applicability of Past Appeals to the City Council – All sidewalk appeal requests considered by the Planning and Zoning Commission between March 3, 2009 and December 18, 2012 may appeal the decision of the Planning and Zoning Commission to the City Council subject to the following provisions: a. All appeals allowed by Section 2 must be filed no later than April 18, 2013. b. All appeals allowed by Section 2 shall be sent in writing to the Director of Community Development. Exhibit "A" Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 14 B. Trails System Sidewalks – When a proposed sidewalk coincides with the general location of a future sidewalk shown in the most recently approved Colleyville Trails System Plan, the sidewalk shall be constructed in accordance with the design standards for a trails system sidewalk. The standards and specifications for a trails system sidewalk are contained elsewhere in this Land Development Code. The developer shall be required to provide additional street right-of-way dedication or a public access easement of sufficient width to accommodate the trails system sidewalk. Where the trails system sidewalk will be located at the rear or to the side of a lot, such as within a green-belt or similar open space, the developer shall provide sufficient right-of-way or public access easement to accommodate the sidewalk. Section 9.20 Street Lighting A. General Requirements – The developer shall be required to install, at no cost to the City, a street lighting system at all street intersections, at the end of all cul-de-sac streets, and at additional locations in accordance with the criteria contained elsewhere in Chapter 14 – Engineering Design Standards of this Land Development Code. Section 9.21 Amendments to This Chapter Ord. Number Date Subject O-00-1261 12/19/00 Cul-de sac street lengths O-00-1261 12/19/00 Lot Drainage and Grading O-00-1261 12/19/00 Fire Hydrants O-00-1261 12/19/00 Divided Entryways O-00-1280 08/08/01 Number of Subdivision Entryways O-00-1214 12/18/01 Existing Unimproved Street Requirements O-02-1336 04/16/02 Mutual Access Easements O-06-1562 02/07/06 General Infrastructure Policy O-07-1613 03/20/07 Emergency Access Gates O-09-1712 03/03/09 Amendment to sidewalk regulations – Sections 9.12 and 9.19 O-12-1860 1/8/2013 Amendment to sidewalk regulations adding appeal to City Council Exhibit "A" City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5b Agenda Date 01/08/2013 Number Ordinance O-12-1861 Type Ordinance Department Community Development Title Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1A, Block 1, of the Highland Acres Addition located at 412 Timberline Drive North, Case ZC12-026 Explanation Second Reading and Public Hearing There was one speaker in favor of this request at the December 18, 2012 City Council meeting. First Reading and Public Hearing David Keener, MDJ Texas Realty Holdings, LLC, submitted a request to amend the attached Ordinance O-11-1814 to remove the crosswalk requirement found in Section 4(11)(b). Existing Zoning. Ordinance O-11-1814 was approved by City Council on December 6, 2011. This ordinance rezoned 0.8 acres of land from CN-Neighborhood Commercial to PUD-C-Planned Unit Development Commercial and allows for an assisted living facility. City Council since approved amendments to the original ordinance by approving Ordinance O-12-1855 on September 18, 2012, regarding only the fencing requirement along the western portion of the subject property. Otherwise, the original approving Ordinance O-11-1814 remains in full effect. Proposed Ordinance Amendment. The applicant is seeking to amend Ordinance O- 11-1814, specifically Section 4(11)(b)General - in order to remove the crosswalk section. Section 4(11)(b) states: "Prior to the issuance of the final certificate of occupancy, a crosswalk shall be marked across Timberline Drive North between the subject property and 5314 Bransford Road. Additionally, a pedestrian crossing sign shall be installed on both sides of the crosswalk. The specifications of the crosswalk and signage shall meet all City requirements and shall be inspected and approved by the Public Works Director before the certificate of occupancy is issued. The cost of the crosswalk and signage shall be paid by the developer." It is important to note that staff supports this request as well. Upon the final City Council Agenda Briefing 5b City of Colleyville Page 2 inspection of the property prior to the issuance of the Certificate of Occupancy (C of O), staff's analysis of the crosswalk requirement, in light of the finished building, was that the appropriate use of the pedestrian crosswalk will have little to no effect on pedestrian safety given limited vehicular traffic on Timberline Drive North. Current vehicle traffic on Timberline Drive North is approximately 340 vehicles per day. This equates to one car driving by the facility every four minutes on average. Additionally, it was brought to staff's attention that the applicant intended to traverse the crosswalk with golf carts. Crosswalks are intended for pedestrian traffic only and they do not grant right-of-way to utility vehicles, such as golf carts. In order to address golf carts crossing the street at this location, a pedestrian crosswalk is not needed. However, advisory warning signage must be posted that advises motorists of the possible crossing of a golf cart and those signs must be in compliance with the Manual on Uniform Traffic Control Devices (MUTCD). Therefore, staff recommends the crosswalk requirement be removed from Ordinance O-11-1814 with a requirement that signage be posted warning motorists of a golf cart crossing instead, and the cost of the signage be paid by the business owner. The assisted living facility authorized under Ordinance O-11-1814 is currently operating under a temporary C of O pending the outcome of this item. There are no other outstanding code related issues at this facility. Surrounding Properties. The property to the north is zoned R20-Single Family Residential and is currently vacant. The property to the southeast is zoned PUDR- Planned Unit Development Residential and developed as a general office use. The property to the northeast is zoned CN-Neighborhood Commercial and is developed as a general office use. The property to the south is zoned PUD-C-Planned Unit Development Commercial, and is developed as Silver Ridge Assisted Living. Public Notification. Staff notified 12 property owners within 200 feet, as well as, all Homeowners Associations 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 has received no correspondence regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the November 26, 2012 meeting by a vote of 7-0 subject to the following conditions: - Any golf carts accessing the street must adhere to Section 551.404 of the Texas Transportation Code. Section 551.404 states: "(a) In addition to the operation authorized by Section 551.403, the governing body of a municipality may allow an operator to operate a golf cart on all or part of a public highway that: City Council Agenda Briefing 5b City of Colleyville Page 3 (1) is in the corporate boundaries of the municipality; and (2) has a posted speed limit of not more than 35 miles per hour. (b) A golf cart operated under Subsection (a) must have the following equipment: (1) headlamps; (2) taillamps; (3) reflectors; (4) parking brake; and (5) mirrors. Summary. This request involves removing the crosswalk requirement and adding golf cart signage instead, but would not affect any other existing zoning provisions. 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.Original Crosswalk Design on Site Plan 6.Ordinance O-11-1814 7.Ordinance O-12-1855 8.Ordinance O-12-1861 Location and Zoning Map Site Timberline Drive North OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Colleyville, City Of 100 Main St Colleyville TX 76034 000313 Oak Valley Dr Winn, Dillard R 309 Oak Valley Dr Colleyville TX 76034 000309 Oak Valley Dr McGinnis, Joel E Etux J Elaine 501 Field St Colleyville TX 76034 000501 Field St Colleyville, City Of 100 Main St Colleyville TX 76034 005201 Bransford Rd Fitzgerald, Marilyn Etal 5318 Bransford Rd Colleyville TX 76034 005318 Bransford Rd Roberts, Shirley A 101 Timberline Dr N Colleyville TX 76034 000412 Timberline Dr N Valverde, Ricardo Etux Norma 408 Timberline Dr N Colleyville TX 76034 000408 Timberline Dr N McClure, Billy J Etux Janice J 404 Timberline Dr N Colleyville TX 76034 000404 Timberline Dr N Kiesling, Robert Etux Sandra 5316 Bransford Rd Colleyville TX 76034 005316 Bransford Rd Mdj Texas Realty Holding Llc PO Box 2260 Keller TX 76244 005314 Bransford Rd Hall, Denise Lynn 407 Timberline Dr N Colleyville TX 76034 000407 Timberline Dr N Teel, Van E 5603 Lone Cedar Dr Kingwood TX 77345 000405 Timberline Dr N David Keener, applicant P.O. Box 2260 Keller TX 76244 applicant Public hearing notices were mailed on Friday, July 27, 2012 by Amy Shelley. Notification List Buffer Map Site Aerial Site Timberline Drive North  NO R T H   Or i g i n a l  Cr o s s w a l k  De s i g n  on  Si t e  Pl a n   ORDINANCE 0111814 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE TEXAS BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT A1 BLOCK 1 OF THE HIGHLANDACRES ADDITION FROMTHE CNNEIGHBORHOODCOMMERCIAL ZONING DISTRICT TO THE PUDCPLANNEDUNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT PROVIDING A SAVINGS CLAUSE PROVIDING FOR INJUNCTIVE RELIEF PROVIDING A SEVERABILITY CLAUSE PROVIDING A PENALTY OFFINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS 200000 FOR EACH OFFENSE ANDPROVIDING AN EFFECTIVE DATE WHEREAS the City of Colleyville has received an application for a rezoning under Case No ZC11020 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 tosuch districts in accordance with a comprehensive plan designed to lessen congestion in the streets to secure safety from fire panic and other dangers to promote health general welfare to provide adequate light and air to prevent the overcrowding of land to avoid undue concentration of population to facilitate the adequate provision of transportation water sewerage schools parks and other public requirements and WHEREAS the Planning and Zoning Commission has given reasonable consideration 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 Charterof the City of Colleyville and State Lawwith reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map having given the requisite notices by publication and otherwise and after holding due hearings and affording a full and fair hearing to all the property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof the governing body of the City of Colleyville is of the opinion that said change in zoning should be made Ordinance 0111814 Page 2 of 5 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS Sec 1 THAT all the foregoingpremises and findings are found to be true and correct and are incorporated into the body ofthis ordinance as if copied in their entirety Sec 2 THAT the ComprehensiveZoning Ordinance of the City of Colleyville Texas be and the same is hereby amended by changing the zoning on Lot A1 Block 1 of the Highland AcresAddition from the CNNeighborhood Commercial zoning district to the PUDCPlannedUnit Development Commercial zoning district as depicted in the attached Exhibit A and as described in Exhibit B Sec 3 THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein Sec 4 THAT the abovedescribed tract of land shall be subject to the following conditions 1 GENERAL a The purpose of this PUDCis for an assisted living facility b This facility shall be licensed as a Type B Assisted Living Center by the Texas Department of Aging and Disability Services c This facility shall be operated in conjunction with the existing assisted living facility located at 5314 Bransford Road and shall be owned by the same entity Any change to this conditionshall require an amendment to this ordinance d This property is subject to all the regulations contained in the Land Development Code except where amended by this Ordinance 2 CONCEPTUAL PLAN a The development layout shall be generally consistent with Exhibit C 3 BUILDINGS AND SETBACKS a The maximum square footage of the assisted living space for this development shall be 7012 square feet with a maximum of20 residents Ordinance 0111814 Page 3 of 5 b There shall be nomore than four 4 cottages allowed for this development The cottages shall not exceed one story in height The cottages shall only be available to spouses or to family and friends of the residents who have power of attorney The cottages shall not be rented for any reason nor shall they be sold unless they are sold in conjunction with the entire facility The maximum square footage of the cottages shall be 2197 square feet The location of the cottages shall be consistent with Exhibit C c All building elevations shall be consistent with the elevations shown on Exhibit D d Exteriorconstruction materialsfor all buildings shall be composed of a masonry material such as stone brick or stucco e As depicted on Exhibit C not more than three elements on the phase one building shall be allowed to extendinto the required 25 foot setback along the western property line provided said elements are not closer than 20 feet from said property line 4 OPEN SPACE a This development shall provide a minimum of 297 common open space as shown on Exhibit C All openspace areas shall be landscaped and maintained by the property owner as shown on the attached Exhibit C 5 LANDSCAPING a The landscape buffering along the west property line shall be a minimum of 20 feet wide except that thefire lane shall be allowed to encroach within five feet on both the northand west landscape buffer as depicted on Exhibit C b Except where noted above all other landscaping shall comply with Chapter 4Landscaping and Buffering in the Land Development Code 6 SIDEWALKS a The sidewalk along Timberline Drive North must beatleast four 4 feet wide The sidewalk must be installed when any new structures are built on the property Ordinance 0111814 Page 4 of 5 7 PARKING a This development shall be required to have a minimum of 24 parking spaces H LIGHTING a All lighting shall be designed so that it has a minimal impact on the surroundingproperties and directed away from adjacent residential properties Illumination from light poles shall not exceed 05 foot candles as measured from any portion of the property line 9 FENCING AND SCREENING a A minimum eight 8 foot masonry fence shall be constructed along the northand west property lines adjacent to residential property 10 SIGNAGE a All signs shall meet the minimum requirements of the Chapter 7 Sign Regulations of the Land Development Code 11 GENERAL a The driveway approaches located on Timberline Drive North shall be spaced a minimum of 75 feet apart b Prior to theissuance of the final certificate of occupancy a crosswalk shall be marked across TimberlineDrive North befinreen the subject property and 5314Bransford Road Additionally a pedestriancrossing sign shall be installed on both sides of the crosswalk The specifications of the crosswalk and signage shall meet all City requirements and shall be inspected and approved by the Public Works Director beforethe certificate of occupancy is issued The costof the crosswalk and signage shall be paid by the developer Sec 5 THAT the abovedescribed tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein Sec 6 THAT any person firm or corporationviolating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the ComprehensiveZoning Ordinanceof the City of Colleyville and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars 200000 for each offense Ordinance 0111814 Page 5 of 5 i Sec 7 THAT if any section paragraph subdivision clause phrase or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional Sec 8 THAT in addition to and accumulative of all other penalties the City shall have the right toseek injunctive relief for any and all violations of this ordinance Sec 9 THAT it has been found that there has been a change in conditions in the above described property it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest comfort and general welfare and requiresthatthisordinanceshalltakeeffectimmediatelyfromandafteritspassage AND IT IS SO ORDERED The first reading an publi hearin bein conducted on the99 day of 2011 d readin and p blic hearing being conducted on the day of 2011 ATfEST t C hia Singleton TRMC CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY Jr Matthew C G Boyle City Attorney Exhibit ALocation and Zoning Map Exhibit B Statement of Planning Objectives Tt nstruct a 5t cfTsTye 8 AssistdLisn trrrrFiiiyrrta rr seae ittaarsiil r ir Ik ttv cuxti ilac IddirCrtt Cueurrrtailttis tpindanaltIi1 Ctd arvlntitgrurtreatatICyrati it tatns 9Ad aaanldIsa lik tt acliamadcitrra naiictahe sieta iddarPaki an ibri ClarelprntFrdae urJliC tirtnruIrffii4trs ltrgrulriIkyrCrvaiurritts n tre55 i ftat arr Iutiities re ir alace thus tlere i3 no s tilnrrentwresrkequirel 1itCi Cwrnetshiriippeculie ti TaRIHrldinsrLL his is th sameeretty 2hat cs tJr Clit Njlft11ri1y ttr rs nICrirall in trtrrtId rirtnItitsrptrtt ikwl vr rTNIpc fih Crr4ted lu af tppaEk ftitksa fatvntvtrldb The tt utbrnrc rtbrtarrct weel uuith acnnclvru1artxirnats 7 rffiI1Alt1yi5 E he sntlaze ftetiropcedrcpCymirimaEraific rnximum af sidncs that vaclecfi nt rximttta 8araforciRor ricttiyEs ra rranted ftts pr Exhibit C Conceptual Site Plan tLICC1 QESIfI SkAA 6alrnrxs h ScftrFt vnrcitxirtTT183SQ fptiarrtlw47Mi ten4e I e9iAtkA4l7i Nx SSdtfiU1Y376 OllPfffrnQ I W I InfCaveredParkingsructueea woatl cpnstrcrtianwiLMr rainae 6rainage I IIredartumrnI Q l Y 1 I I I41pc l aI IIeiri PaintedI 1 r I crosswa I f ooo GI i I f 1 FIELdNE I r I Y Y I I 7 Iq L a i III f lll IIETf4I iiariL1 47 f i ff I 1 If ri J I I I i f lw i p Iz5 Ir f F eAFriI1 s5 IItrvI I I IL SLdL7SLiC5 Fxisting wtroA feaicfiag I I I SilvrRide assisted Livin Groas xlcrea rflts 9WldFng area 335C4JSq FL AlzheirtersUnit Alzheierteisi4sistedlivin tdrn 7tlt2Sq Ft i825 zq ste tan oton GaUcpviite TexaS Grost Size Imperu3ous re Grcss Open SP2ce arCZ t787g 5FL tabA fi417Sq Ft 297 zdzu ut ua ezon erezs 2eaz Exhibit D Building Elevations 1 Propased AL South Etevation scwe r a Propos2d AL East Elevation 1 Pruposed AL North Etevation ssra 2 Propased A YJest Elevatian NP 313Y1d Exhibit D Building Elevations Cont 1 roposed 1 Sauth Elevtion ssa r 2 Propnsed Ik East kevation Prosed INorth tevatcm seasr trr cr Propased IE YJest Etevation rr ORDINANCE O-12-1861 AN ORDINANCE AMENDING ORDINANCE O-11-1814 RELATED TO LOT 1A, BLOCK 1, OF THE HIGHLAND ACRES ADDITION CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance O-11-1814 on December 6, 2011, to establish the zoning of 0.8 acres in the Highland Acres Addition under case ZC11-020; and WHEREAS, the applicant has requested an amendment to Ordinance O-11- 1814 to further amend the commercial zoning district requirements on approximately 0.8 acres in the Highland Acres Addition under Case ZC12-021; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, 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 Ordinance O-12-1861 Page 2 of 4 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O-11-1814. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and development requirements on Lot 1A, Block 1, of the Highland Acres Addition, as depicted in the attached Exhibit “A”. Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. Section 4(11)(b) of Ordinance O-11-1814 is hereby repealed. b. In order to address golf carts or other small utility vehicles crossing the street, advisory warning signs shall be posted along Timberline Drive North adjacent to the subject property that advise motorists of the possible crossing of Ordinance O-12-1861 Page 3 of 4 golf carts or other small utility vehicles per the requirements and final approval of the Public Works Director. Said signage shall be installed at the expense of the business owner. Any golf carts accessing the street must adhere to Section 551.404 of the Texas Transportation Code. No final Certificate of Occupancy shall be issued for the business authorized under Ordinance O-11-1814 until said signage is installed. Sec. 6. 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. 7. 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. 8. 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. 9. 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. 10. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 11. THAT Ordinances O-11-1814 and O-12-1855 shall remain in full force and effect, except where amended by this ordinance. Ordinance O-12-1861 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 18th day of December 2012. The second reading and public hearing being conducted on the 8th day of January 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” –Location and Zoning Map City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 01/08/2013 Number Ordinance O-13-1862 Type Ordinance Department Community Development Title Consideration of a request for a Special Use Permit for a donation station on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117-B Colleyville Boulevard, Case ZC12-027 Explanation First Reading and Public Hearing Goodwill Industries has applied for a Special Use Permit (SUP) to continue the use of the existing donation station located at 5117-B Colleyville Boulevard, and allow for the increase in their current space by 360 square feet. Charitable Donation Station Use. The City Council approved the addition of a charitable donation station use to the Schedule of Principal Permitted Uses in the Land Development Code on February 5, 2008 under attached Ordinance O-08-1656. A charitable donation station use is contingent upon the approval of a SUP only in the CC1-Village Retail, CC2-Shopping Center and CC3-Highway Commercial zoning districts. Existing Conditions. This subject property is located on the corner of Colleyville Boulevard and Thompson Terrace. Goodwill has operated a donation station at this address for approximately ten years. The property owner has reconstructed the existing commercial building, realigned the parking lot areas and has updated the building façade, including creating new entrances on the northern side of the building. The applicant would like to relocate the entrance to the new northern entrances for safety of the customers, especially when Colleyville Boulevard is widened. Included in the Statement of Planning Objectives is a rendering of the proposed entrance. The existing donation station use is a principle use only and, therefore, does not permit drop boxes, kiosks or trailers that are typically seen in the parking lots of existing businesses of other area cities. Staff has placed a provision in the proposed ordinance that there shall be no drop boxes, kiosks or trailers permitted. As noted above, the use of a charitable donation station requires an SUP. Currently, the Goodwill location does not have an SUP for this use, as the business was located in this space prior to the SUP requirement being added to the Land Development Code. Therefore, it currently operates as a legal non-conforming use. Given the proposed expansion of the business by the applicant, the use must meet all requirements for City Council Agenda Briefing 6a City of Colleyville Page 2 commercial principle uses described in the Land Development Code and the building code in addition to conditions and requirements included as part of the SUP. Surrounding Properties. The surrounding properties are a mixture of office, retail, and restaurant uses and are all zoned CC1-Village Retail. Public Notification. Staff notified 19 property owners within 200 feet as well as all Homeowners Associations 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 has received no correspondence regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the December 10, 2012 meeting by a vote of 6-0. 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. Although the proposed use will not generate sales or property tax revenue for the City, staff recommends approval with the conditions in the proposed ordinance. Financial Impact There is no financial impact to the City. Recommendation Approval with the following conditions: a. This Special Use Permit shall only apply to the use of a Goodwill Industries charitable donation station on the subject property. b. There shall be no overnight parking of any tractor-trailers or trailers on the property. c. There shall be no outside storage of any items on the property. d. Donated items shall not be placed outside of the building at any time and must be stored within the building immediately upon drop-off. e. There shall be no donation kiosks or other related donation structures independent of the main structure located on this property. f. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy for the approved use. City Council Agenda Briefing 6a City of Colleyville Page 3 Attachments 1.Location and Zoning Map 2.Notification List 3.Buffer Map 4.Statement of Planning Objectives 5.Site Plan 6.Ordinance O-08-1656 7.Ordinance O-13-1862 Location and Zoning Map Site CC1 CC1 PUDC R20 AG PUDC OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Gibson, Norman C Etux Doris A 113 Timberline Dr S Colleyville TX 76034 005117 Colleyville Blvd Bojku, Afrim 5309 Collyville Blvd Colleyville TX 76034 005150 Colleyville Blvd Seeley, Gerald D 35 Piazza Ln Colleyville TX 76034 000035 Piazza Ln #38 110 Pleasant Run Holdings Llc 5115 Collyville Blvd Colleyville TX 76034 005115 Colleyville Blvd McNosky, Anthony T 5108 Pleasant Run Rd Colleyville TX 76034 005108 Pleasant Run Rd Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 005101 Colleyville Blvd Gibson, Norman C Etux Doris A 113 Timberline Dr S Colleyville TX 76034 005104 Thompson Terr Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 005025 Colleyville Blvd Corvette Property Leasing Lp 1908 Stratton Ct Colleyville TX 76034 005017 Colleyville Blvd Village Monticello Prtns Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000014 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000012 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000017 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000013 Main St Bbtt LLC 6308 Remington Pkwy.Colleyville TX 76034 5100 Thompson Terrace Joseph Sides 2911 Compton Rd.Nashville TX 37215 5109 Thompson Terrace Joseph Sides 2911 Compton Rd.Nashville TX 37215 5113 Thompson Terrace Joseph Sides 2911 Compton Rd.Nashville TX 37215 5117 Thompson Terrace Colleyville Terrace Salon PO Box 337 Colleyville TX 76034 5201 Colleyville Blvd. Beam Real Estate Llc 14455 Webb Chapel Rd Farmers Branch TX 75234 005200 Colleyville Blvd Goodwill Industries of Ft. Worth 4005 Campus Drive Fort Worth TX 76119 applicant Public hearing notices were mailed on Nov. 21, 2012 by Amy Shelley Notification List Buffer Map Statement of Planning Objectives Site Plan Current Space U c 0 0 a m J x U QYQ C7 N V N r M l17 f4C lDC NC toN 0C f0C f0C f0C N NLLa~L t0 H N ~N V' (~ =M W M W W N M M N M O N C V N J r NN 1W N y ZOO y N h NN c NO v~to Z Od0 y C a`HW a a a y a y y W21 v~a a c cn a a cn a y o 421 a a h a a cn a v~v>cn d a S 621 a cn a a v>a cn o m ea OZ21 a cn a a cn a h cn y a 0£21 0.v~a a v>a cn v~v~cn y N Ob21 a a a cn a v~a cn v~cn 00 321 a cn a a y a a rn a a a cn N Od a cn a v~a s a a a a cn cn cn ri m o U N V o w 0 Z w N U OV w O C q/M C N N N N N C C to0 p m m 3 m 3 U v a~'i w N d y W c a c c C~O N U 0 0 t t 7 i U J f0 y N N Y y N C N N 0 N C U 0 Q N r 7 lL w N N O N N J U N fD V Q N m N p W 7 C Q m C y a T W l.L O 0 O fq voi r C N ti O N Nx a s C U O y C y V w o a~m W' E p N N J CU N c o U o p a~U U m o a~C7 Q m v N r~ m m a M a~ a t U a U a~ a 0 m m a c m J a~ U a~ aLO N N N C N N N N N M Ma~ G7 N N 'O d 'C a M C N J ~ l W v~v~v~v~cn a a a a a a a a a cn c~v~a a a 00 vi c~v~v~a a a a aa a a a v>v~v~a aa a c ZOO v~cn v~v~a s a a a aa aa v~cn v~a s a a N v 400 y h h a a a a a a a aa v~v~cn aa a a c~ O NO h a a a a aa a a a a cn cn cn a s a a C.Z c Od0 v~c~v~v~a a a a aa a aa cn v~cn a s a a a H W cn y y cn y a a aa a s v~cn cn a s a W21 v~tq cn v>cn a a a a a s cn y cn a s a a21 v~vi c~v~v~a a a a a a tq cn v~aa a d a S 421 v~v~tq tq v~a aa a a s v~t~v~a a a o m a r OZ21 v~us tq v~cn a a a a a s cn vs cn aa a 0£21 y v)tq v~c~a a a a a s vi v~tq a s a m s N Oti21 v~v~v~v~v~a a a a a s cn y h a a a 00 321 y y cn a a a a a s cn v~v~a a a N Od y a a a a a s cn v~v~a a a ri m F yr w o v C O m v o v M Q 2 a~c o LL 0 o Z Z'o a>0 3 Q n c v cri N N O H c a o m p a~o y U o m a~ v a a W rn 2 E s ui n m to c N a~o d c c I I W I 2 1 o c~ N U C Z C c N U m d I N f0 c O. N C r tp O Vl O N O td O N 0 N J N E Q j p O aT+N O ia 7 c N N N U O c O t t o L U O L U c Vl y c 0 E d e Q U a`~i m C E O U c U C m fn fA m U U o W U a~m E O O O m N O in O i 0 s 7 m m a 7 O rn O LL o v U a O U O U LL c~J a LL LL a a a s p Q 111 M M m a c co J M N Q f9 L U ORDINANCE O-13-1862 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 8A, BLOCK 1 OF THE THOMPSON TERRACE SUBDIVISION LOCATED AT 5117-B COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CHARITABLE DONATION STATION; 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. ZC12-027; 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 Ordinance O-13-1862 Page 2 of 4 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a charitable donation station on Lot 8A, Block 1, of the Thompson Terrace Subdivision located at 5117-B Colleyville Boulevard, as depicted on the attached as Exhibit “A”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a Goodwill Industries charitable donation station on the subject property. b. There shall be no overnight parking of any tractor-trailers or trailers on the property. c. There shall be no outside storage of any items on the property. Ordinance O-13-1862 Page 3 of 4 d. Donated items shall not be placed outside of the building at any time and must be stored within the building immediately upon drop-off. e. There shall be no donation kiosks or other related donation structures independent of the main structure located on this property. f. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy for the approved use. 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 8th day of January 2013. Ordinance O-13-1862 Page 4 of 4 The second reading and public hearing being conducted on the 15th day of January 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map ML PUDR CC2 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7a Agenda Date 01/08/2013 Number Resolution R-13-3583 Type Resolution Department Community Development Title Consideration of approval for a change in ownership from Titan Operating, LLC, to Atlas Resource Partners, L.P., per the requirements of Section 3.1-145(E)2 of the Land Development Code, for the gas well site located at 7504 Pleasant Run Road, authorized by Special Use Permit Ordinance O-10-1779 Explanation Reading and Public Hearing The purpose of this item involves the approval of a change in ownership for the gas well operator authorized to perform drilling and gas production activities at 7504 Pleasant Run Road per Special Use Permit (SUP) Ordinance O-10-1779. Section 3.1- 145(E)2 of the Land Development Code states: "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". Ordinance O- 10-1779 (attached) was approved by the City Council on November 16, 2010. The ordinance authorizes Titan Operating, LLC, to drill and produce 14 gas wells on the pad site at 7504 Pleasant Run Road. Per the attached letter, the proposed ownership change involves the merger of Titan Operating, LLC to Atlas Resource Partners, L.P. The original management structure for the subsidiary of Atlas Resource Partners, L.P., Atlas Barnett, LLC, remains in place. The actual merger occured in July 2012, per the attached Evidence of Merger. Staff initially notified Atlas in August 2012 that City Council approval is required for the change in ownership. Atlas recently notified staff of its intention to perform another phase of hydraulic fracturing (fracking) at 7504 Pleasant Run Road. Staff reiterated the requirement noted above to Atlas and a formal request was received. An SUP amendment is not required for this action. As such, this item involves only the approval of a resolution. Financial Impact There is no financial impact to the City. Recommendation Approve City Council Agenda Briefing 7a City of Colleyville Page 2 Attachments 1.Letter from Atlas Resource Partners, L.P. 2.Evidence of Merger 3.Ordinance O-10-1779 4.Resolution R-13-3583 Le t t e r f r o m A t l a s R e s o u r c e P a r t n e r s , L . P . Le t t e r f r o m A t l a s R e s o u r c e P a r t n e r s , L . P . CORPORATION SERVICE COMPANY CSC- Tallahassee www.cscglobal.com 1201 Hays Street Tallahassee, FL 32301-2607 800-342-8086 850-558-1515 (Fax) Matter#150763-605009 Order#287968-5 Project Id :Order Date 07/25/2012 Entity Name:TITAN OPERATING, L.L.C. Jurisdiction:TX - Secretary of State Request for:Domestic Merger Filing File#:800980895 File Date:07/25/2012 Result:Filed Ordered by BOB BOUTON at JONES DAY Thank you for using CSC. For real-time 24 hour access to the status of any order placed with CSC, access our website at www.cscglobal.com. If you have any questions concerning this order or CSCGlobal, please feel free to contact us. Harry Davis The responsibility for verification of the files and determination of the information therein lies with the filing officer; we accept no liability for errors or omissions. Evidence of Merger Ev i d e n c e o f M e r g e r Ev i d e n c e o f M e r g e r Ev i d e n c e o f M e r g e r Ev i d e n c e o f M e r g e r Ev i d e n c e o f M e r g e r Ev i d e n c e o f M e r g e r Ev i d e n c e o f M e r g e r Ordinance 0-10-1779 Page 2 of6 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. Sec. 2. Sec. 3. Sec. 4. 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. 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 a Gas Well on 13.2 acres located in the William E. Crooks Survey, Abstract Number 295 and the Lot 1, Block 1, Park Place Estates, shown on Exhibit "A" and described in Exhibit "B". THAT the above described tract of land shown on Exhibit "A" and described in Exhibit "B" shall be used only in the manner and for the purposes provided by the Comprehensive Zon"ing Ordinance of the City of Colleyville as heretofore amended and as amended herein. THAT the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit (SUP) shall be for a gas well to include drilling and production as described in Exhibit "C". b. The gas well authorized by this SUP shall meet all requirements of the Land Development Code except where amended herein. Additionally, the gas well shall meet all related regulatory requirements of the State of Texas and the Federal Government. c. Effective on the approval date of this ordinance, all provisions of Chapter 3.1-0il and Gas Well Drilling and Production in the Land Development Code as they exist on said date are hereby adopted by reference through the passage of this ordinance. d. All wells approved by this ordinance shall be drilled no later than five years from the date of approval of this ordinance. 2. Site Plan Ordinance 0-10-1779 Page 3 of 6 a. The layout of all equipment, tanks and access roads shall be consistent with the site plans labeled as Exhibits "0" and "E". b. The well drilling and production site shall contain no more than 2 acres as shown on Exhibits "0" and "E". 3. Drilling Activities a. The primary drilling apparatus shall not exceed 160 feet in height. c. A 1.4 acre fresh water pit shall be installed during the drilling process and shall be stocked with fish in order to mitigate for any mosquito breeding. d. Prior to the commencement of drilling activities, the existing six (6) inch water line that services the property shall be upgraded to a minimum eight (8) inch water line. In lieu of installation, funds equaling the cost of installation may be placed into escrow with the City for future installation. e. Any equipment or well leaks shall be reported to the administrative officer immediately and shall be posted on the City's website within 24 I hours. f. The Fire Marshal shall be provided with any state of the art equipment necessary in order to determine equipment leakage; either airborne or waterborne. 4. Production a. The production pad shall contain no more than 14 water storage tanks. The tanks shall be no larger than 16 feet in diameter and eight (8) feet in height. The production site shall generally be laid out per Exhibits "0" and "E". 5. Access and Transportation a. The truck transportation route for all trucks over one-ton that will access this site be as follows: Southbound State Highway 26 to Tinker Road, thence west on Tinker Road to Pleasant Run Road, thence north on Pleasant Run Road to the site entrance. The route exiting the site shall follow the route to the site in reverse. b. During drilling operations there shall be no more than 35 truckloads over I: I Ordinance 0-10-1779 Page 4 of 6 a three-day period between the hours of 7:00 a.m. and 7:00 p.m. with an average of 1.5 trucks per hour for both move-in and move-out. Otherwise, there shall be no more than ten personal vehicles entering and leaving the site for 10 workers on a daily basis. c. During the fracturing (completion) process, there shall be no more than 20 truckloads per day over a maximum 11-day period between the hours of 7:00 a.m. and 7:00 p.m. with an average of 1.5 trucks per hour. d. During the production phase, there shall be no more than 0.5 trucks per day per well. e. The access road to the well site shall be composed of an all-weather, 25 foot wide, concrete surface. There shall be adequate space provided for i emergency vehicles to turnaround on the pad site at all times. The' turnaround dimensions shall meet the minimum requirements of the Land Development Code. f. The gate for the site shall be composed of decorative wrought iron and shall be located 85 feet back from Pleasant Run Road. At a minimum . the gate shall meet the minimum requirements for gates in Chapter 14-: Engineering Design of the Land Development Code. 6. Landscaping a. All landscaping shall be installed as shown and described in the attached Exhibit "F" and as required in Chapter 3.1 of the Land Development Code prior to the commencement of any well production. 7. Lighting a. All site lighting shall illuminate onto the site and shall not directly illuminate onto any surrounding properties or onto the property owner's residence. Drilling rig lighting shall not be a nuisance and shall illuminate at the minimum level of lighting allowed by the State of Texas for drilling rigs. 8. Environmental Impact a. All erosion control shall, at a minimum, meet the erosion control plan attached as Exhibit "G". Additionally, all stormwater run-off from the pad site shall contain no pollutants. There shall, at a minimum, be spill berms and containment rings surrounding all drilling and production equipment in order to mitigate point-source pollution from all surrounding watersheds. Ordinance 0-10-1779 Page 5 of 6 b. At a minimum, airborne emissions of pollutants shall be mitigated per the . emission control plan described in Exhibit "H". c. In order to insure compliance with all state and federal air quality standards an independent, third-party air quality inspection company shall perform periodic air-quality inspections, including measurements of airborne volatile organic compounds, at the site area prior to drilling operation and during all phases of drilling and production operations. The determination of measurement points, compounds to be measured, the frequency of inspections, threshold limits, as well as baseline measurements of pre-drilling ambient air quality shall be performed by the inspection company. The company shall be chosen and contracted by the City of Colleyville. The gas well operator shall reimburse the City of Colleyville for said contracted services upon receipt of invoice from the City of Colleyville. At a minimum, in the event that a measurement exceeds an established threshold, the appropriate state and/or federal air-quality enforcement agency shall be notified of the measurement within 24 hours of the observation. d. There shall be no mud or dirt laid upon any City street as a result of the activity authorized by this SUP. Any mud or dirt created shall be removed by the operator from streets immediately. 9. Pipeline. The planned pipeline route is shown on Exhibit "I". Changes to the portion of the route within the City's corporate limits will be addressed through the pipeline permitting process, and shall not require an amendment to this ordinance. The portion of the pipeline within the City's corporate limits will be regulated by the City's pipeline ordinance and other applicable local, state, and federal regulations in effect at the time the pipeline operator files an administratively complete application for a pipeline permit. Approval of this ordinance confers no vested rights or other rights on the pipeline operator with respect to the construction of the pipeline. If changes are proposed to the portion of the pipeline within the City's corporate limits, the gas well operator will cooperate with the City and the pipeline operator, if requested, to assist in selecting a mutually acceptable route within the City's corporate limits. 10.Waivers. The well bore setback requirements for all structures within 1,000 feet of the gas well bores approved by this ordinance are hereby waived. This waiver shall only apply to all structures existing as of the date of approval of this ordinance. Exhibit B -Legal Description TR\CT 1 BEING all of Lot L Block L Park Place Estates, as recorded in Volume 388-176, Page 14, Plat Records, Tanant County. Texas and being 275.081 square feet. or 6.315 acres of land more or less. TR4CT2 BEING a tract of land situated in the WE Crooks StUvey, Abstract Number 295. TatTant County. Texas. and being a pOltion oftllat celtain tract of land described by deed to Trinity Christian Center of Santa Ana, Inc .. as recorded in Volume 9325, Page 1004, County Records. TatTant County, Texas, and being more palticularly desclibed by the metes and bounds as follows: BEGINNING at a 3/8 inch iron rod found at the northwest comer of said Trinity Christian Center Tract: THENCE N 84 deg. 38 min. 58 sec. E, 651.64 feet; THENCE S 00 deg. 43 min. 21 sec. E. 416.52 feet THENCE S 75 deg. 43 mill. 33 sec. W. 657.74 feet THENCE N 01 deg. 50 mill. 17 sec. W. 518.16 feet to the POINT OF BEGINNING. and containing 301,676 square feet, or 6.926 acres of land more or less. Total Area= Tract 1 and 2: 13.241 Acres of land more or less. 2244\007\ 16659.1 Exhibit C -Statement of Planning Objectives STATEMENT OF PLANNING OBJECTIVES TITAN OPERATING, LLC TCC SUP PLANNING OBJECTIVE The purpose of this SUP is to establish a well site. a frac pond, and access road for the drilling. completion, and operating of multiple gas wells within the areas designated by the SUP Site Plan. WELL SITE LOCATION The well site location for the Titan TCC wells is identified on the SUP Site Plan. Titan will drill multiple horizontal wells from the proposed well site to develop approximately 1300 acres of Titan leases. The proposed gas development will focus on the Barnett Shale, encountered at subsurface depths at approximately 8,900 feet. VEHICULAR ACCESS TO THE WELL SITE LOCATION Vehicular access to the well site will be from SH 26, west on Tinker, north on Pleasant Run Road, to the well site entrance. The drive approach from Pleasant Run Road will be constructed of concrete. At the entry, a double gate will be recessed into the property to accommodate truck movements from the roadway onto the lease road. Fire access will be provided and the road will be maintained in accordance with all local. state and federal requirements. DEVELOPMENT PHASING Titan Operating anticipates the initial construction on the TCC pad site to begin January. 2011. After construction of the pad site Titan anticipates the drilling of 3 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 14 wells off the site over the next 5 to 7 years. All producing wells will be plugged at the end of their economic life. All plugging will be in accordance with applicable Texas Railroad Commission regulations. ACCESSORY STRUCTURES Accessory uses for the proposed gas development will include well heads, storage tanks, separation facilities, and other uses necessary and customary to gas development. During drilling operations, all equipment will be secured by a chain link fence with a secured entrance gate. A reflective sign will be posted at the drill site and operations site identifying the entrance to the site and include the well names and numbers, name of the operator. emergency 911 number, and the telephone numbers for 24 hour emergency contacts. No refining, except for gas dehydrating and physical phase separation will take place on this site. Temporary diesel fuel tanks, generators, construction trailers, steel mud pits. pipe racks, and drilling rig will be located within the drilling pad site. The drilling rig and associated drilling 2244\007\16659.1 Exhibit C -Statement of Planning Objectives (Cont.) equipment shall be removed from the well site as soon as practica! after completion of the well or drilling activities. WATER CONSUMPTION Once well permits have been obtained from the Texas Railroad Commission and the road and drill site are constructed, drilling can commence. The drilling of each well will require approximately 420,000 gallons of water over a three (3) week period. Once a well has been drilled and determined to have the potential for commercial production, the completion process will begin. In order for the Barnett Shale to be commercially productive it must be fracture stimulated. This involves pumping a large amount of water at high pressure into the formation to create a fracture in the rock. A small amount of sand is mixed with the water to hold the fracture open once the procedure is complete. This permits the gas to flow more easily from the rock into the well bore. Each fracture stimulation requires approximately 4.2 million gallons of water. Once the water is in place, the actual stimulation process will take approximately eight (8) hours. Water for the drilling, as well as the fracture stimulation, will come from a proposed frac pond of approximately 1.4 acres to be constructed by the operator, with water purchased from the City or well water. The water stored in this pond will service multiple wells. WASTE CONTROL Water and drilling mud utilized during the drilling of the wells will be initially stored in closed-loop drilling fluid systems located on the pad site. Ultimately, the water and drilling mud will be removed by truck and disposed of in accordance with the requirements of the Texas Railroad Commission. Produced water from gas production will be stored in 250 -barrel (bbl) tanks within the well site location. The tanks will be located within a secondary containment ring with a non-permeable berm or liner capable of holding one and one-half (1-1/2) times the capacity of the largest tank. Drip pots will be located at pump out connections to contain the liquids from the storage tank. The tanks will also be equipped with a senSing device that will shut off the well should the tank become full. The contents of the tank will be emptied by a commercial operator and disposed of in accordance with the requirements of the Texas Railroad Commission. FIRE PROTECTION All fire suppression and prevention equipment required by an applicable federal state or local law will be provided and maintained by the Operator. All contractors will have portable fire extinguishers at the drill site and fire extinguishers will be located at various locations at the drill site. The tank battery facility will be equipped with a remote foam line utilizing a two and one-half (2.5) inch National Standard Hose Thread female inlet connection in locations approved by the Fire Department. A lightning arrestor system will be installed according to the most current edition of the National Electrical Code. At any gate enclosure, the City Fire Marshal will be provided a knox box with a key for emergency access. 2244\007\16659.1 Exhibit C -Statement of Planning Objectives (Cont.) DRAINAGE Well-heads, meters, storage tanks, separation facilities, or other post drilling and completion permanent above ground facilities will be located on a drill site that is graded in such a manner to be elevated above the 100-year floodplain. Erosion control shall comply with the erosion control plan approved by the City. ENVIRONMENTAL The proposed gas development will be in compliance with all state and federal environmental regulations and will not adversely affect the floodplain, drainage patterns, or water quality. Damage to public thoroughfares adjacent to this lease area directly caused by the proposed gas development will be restored to city standards, as applicable, as each well is completed. Any damage that poses a safety hazard will be repaired immediately. Any substantial accumulations of dirt, dust, or other debris deposited on public thoroughfares by gas development will be removed. Dust, if significant, will be suppressed by using water or other dust suppressants. Drilling and production operations shall be conducted in a manner to minimize noise levels. Noise from drilling, completion and rework operations are limited in time from a few days to a few weeks. Noise from drilling activities will not exceed sixty five (65) decibels at any point three hundred (300) feet from the boundary of the drill site. Noise from fracturing operations will not exceed eighty five (85) decibels at any point three hundred (300) feet from the boundary of the drill site. Noise from the operation site will not exceed fifty five (55) decibels beyond the boundaries shown on the associated site plan. Lighting will be shielded and directional toward the well site so that it will not disturb, be a nuisance, or safety hazard to adjacent properties, residential areas, or public thoroughfares. SCREENING Per City ordinance. the equipment on the operation site will be screened from public view by a combination of screening shrubs that will be installed completely around the well site and the required screen fence. Irrigation will be installed as necessary. All plant material will be kept in an attractive state and in good condition. 2244\007\16659.1 Exhibit C -Statement of Planning Objectives (Cont.) DEVELOPMENT SCHEDULE Titan Operating anticipates the initial construction on the TCC pad site to begin the 4th quarter of 2010. After construction of the pad site Titan anticipates the drilling of 2 to 4 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 14 wells off the site over the next 5 to 7 years. ECONOMIC DEVELOPMENT INFORMATION Titan Operating has spent approximately $108,300,000 in lease bonus dollars in the City of Colleyville to date. Titan has also donated approximately $300,000 to local charities. Titan estimates that a typical well drilled off the pad site will generate approximately $230,000 per well in ad valorem taxes for the city over a 15 year period. 2244\007\16659.1 Exhibit H -Emission Control Plan (Cont.) Facilitt{ Trinity Christi.m Center (TCe) Wen Pad Colleyville, Tarrant COl.U1ty, Texas Well #l-H -3H Latitude: 32.916991 Longitude: -97.160009 Operator Titan Operating, LLC. (Tit.m) 111 W. 4th Sh'eet, Suite 300 Fort Worth, Texas 76102-3951 Pl'OtillCtiOIl Phase Equipment -assuming 3 wells 6 Produced Water Tanks-250 bbl cap<lcity 1 Mobile Frac Tank-5oo bbl capacity 3 Horizontal Separators 1.0 Best Management Practices Emissions sources at the Tee 'Well Pad include the equipment listed in Sectiolll.0 ,1S well as fugitive components. The follm'\ing Best Mm1agement Practices (BMPs) will be implemented in order to minimize emissions to <l level th.1t is technically feasible and economically reasonable. Every practical effort will be made to monitor equipment for leaks, unplement reliable pollution pre\'ention work practices, <.md reduce emissions. Operations • Operate <111 eLluipment with the potential to emit air c011taminants at least 50 feet from the nearest property line or the ne,u'est receptor (whichever is closer), excluding any valve that is used for isolation and or s<lfety purposes. • Each open-ended valve or IUle will be eLll.upped with" cap, blind flange, plu& or a second valve to se<ll the line so that no leakage of emissions occurs unless othen\'ise required to n1aintain &1ie operations ill a vessel or pipeline. • Tm'lk hatches, not designed to be completely sealed, will remain closed (but not completely sealed U1 order to m.lu1tau1 safe design fl.U1ctionality) except for sampling or plmu1ed nlaintenance activities. • The site will be visited <.:huly by opemtions personnel who will conduct ,'isl.U11 eLluipmel1t checks. • The site ""'ill be equipped with a remotely monitored alarm system that ,\':ill <1utom,ltically shutdown key elluipment if signifiCi.mt leaks or operational problems occur. • All eLll.upment '''''ith the potential to emit air contamimmts will be nlainti.lined ill good working order cmd oper,lted properly. • All seals i:md gi:lskets >vill be installed, checked, mKi properly maintained to prevent leaku1g. Maintenance BREITLING CONSULTING. LLC TCC \\"ELL PAD 2244\007\16659.1 • • • • Exhibit H -Emission Control Plan (Cont.) A program to repi<lCe, repair, and/or maintain equipment to keep them in good working order will be established an.d maintained, including: (1) manufacrurer1s specifications and reconul1ended programs applicahle to equipment performance and effect on emissions; (2) cleaning and inspection of all equipment; and (3) replncement and repair of equipment on schedules which prevent equipment failures and maintain performi.1nce. During plruuled downtime of any c<lpture, recovery, or control device, gas streams \'Yill he redirected to another conh'ol or recovery device. E\~ery reasonnhle effort ""ill be made to repair a leaking component. Initial <'\Ction will be to isolate the leaking component and conduct the repair within 48 hours. If the leaking component crumot be isolated or the repair calIDot be made within 48 hours, then the well 'will be shut in l.mtil repairs GU1 be 1'11ade. If the repair of a compOnJ"~lt would require a unit shutdown, which 'would create more emissi011S than the repair would elinunate, the repair will be delayed until the next plrumed shutdown. To the extent that good engineering practices \-\'ill pennit, new ruld reworked valves and piping cOimections will be located in a place that is reasonably accessible for leak checking dl.u·ing well opemtio11S. Volmltary Leak Detection and Repair (LDAR) Program • All fugitin> components will be inspected by ,UlruO, visual, and olfactory (A YO) observation, <It intervals not exceeding 15 months, but at least once each calendar year. Such i11Spections ';vill also include monitoring for leaking components using either (1) the EPA Test Method 21 using a portahle ru1alyzer set at 10,000 ppmv leak detection lilnit or (2) the Altemative Work Practice for mOlutoring equipment for leaks found in 40 CFR §60.18(g)-(i) usil"lg .ID optical gas imaging instrument with a detection sensitivity level of no greater tl1<U1 60 grams per hour. • Damaged or leaking vah'es, cOlUlectors, punlps, cOlnpressors, and agitator se<'11s found to he emitting YOes in excess of 10,000 ppnw ,1S determined using a portable analyzer, found by AVO inspection to be leaking (e.g., dripping process fluids), or found le.1king using the A VVP will be tagged and replaced or repaired. 2244\007\16659.1 EXHIBIT I -PLANNED PIPELINE ROUTE 2244\007\16659.1 RESOLUTION R-13-3583 A RESOLUTION APPROVING A CHANGE IN OWNERSHIP FROM TITAN OPERATING, LLC, TO ATLAS RESOURCE PARTNERS, L.P., PER THE REQUIREMENTS OF SECTION 3.1-145(E)2 OF THE LAND DEVELOPMENT CODE, FOR THE GAS WELL SITE LOCATED AT 7504 PLEASANT RUN ROAD, AUTHORIZED BY THE SPECIAL USE PERMIT (SUP) APPROVED BY ORDINANCE O-10-1779 WHEREAS, Section 3.1-145(E)2 of the Land Development Code states: “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”; and WHEREAS, Titan Operating, LLC, was the original applicant for the SUP authorized by Ordinance O-10-1779; and WHEREAS, Titan Operating, LLC, is now owned by Atlas Resource Partners, L.P. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT per the requirements of Section 3.1-145(E)2 of the Land Development Code, the change in ownership from Titan Operating, LLC, to Atlas Resource Partners, L.P., is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF _____ AYES, _____ NAYS, AND _____ ABSTENTIONS ON THIS THE 8TH DAY OF JANUARY 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor Date: Jai 5 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: 9) Ordinance/Resolution Number:-y\Name: 1 � k(). Address: S / 6 -- ci2x4 City: 0 t Telephone No.: 6 )7- -r v I represent: elf Organization: I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: Thi "nform tion is a Public Record I RESOLUTION R-13-3584 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 8, 2013 WHEREAS, City 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 City 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 8T" DAY OF JANUARY 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor