HomeMy WebLinkAboutCity Council-Agenda Packets-4/1/2014
City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, April 1, 2014 City Council Chambers
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
PC-1 Discussion and review of the City's tree preservation regulations located
in Chapter 5-Tree Preservation, of the Land Development Code
PC-2 Discussion of a Facility Naming Policy
PC-3 Discussion of the April 1, 2014, 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 - Legal - Consultation with attorney regarding pending
litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information that the City has received from
business prospects that the City seeks to have locate, stay, or expand in
the City and with which the City is conducting economic development
negotiations; deliberate the offer of a financial or other incentive to a
business prospect
RESUME REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
City of Colleyville Page 1
City Council Agenda April 1, 2014
INVOCATION: Pastor Dave Jung, Crown of Life Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S)
NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE
SESSION - Resolution R-14-3735
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of Keep America Beautiful and Keep
Colleyville Beautiful Great American Cleanup and Arbor Day in
Colleyville, April 5, 2014 - Brenda Ritz, Chairman, Keep Colleyville
Beautiful Committee
Recognition of 2014 Warrant Round-Up Participants
Presentation of the Administrative Excellence in Government or Public
Service Award for Core 24 Admin Awards to Joyceinne Williams -
Mayor David Kelly
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3736
4a Approval of the minutes of the regular City Council meeting of March
18, 2014
4b Approval of a City/Developer Agreement for the Country Way and
Park Place Additions, located in the 700 block of L.D. Lockett Road,
and authorizing the city manager to execute the agreement
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-14-1911
Approval of an amendment to the Code of Ordinances, Part II,
Appendix A, Water and Sewer Policy and Procedures Manual, relating
to the rates for use of fire hydrant meters
City of Colleyville Page 2
City Council Agenda April 1, 2014
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a Ordinance O-14-1912
Request for a Special Use Permit for a temporary concrete batch plant
on Tracts 1F and 1G, Abstract 1038, of the Hall Medlin Survey, and
Tracts 1A02 and 1C, Abstract 295, of the William E. Crooks Survey,
located at 7612 and 7624 Pleasant Run Road, Case ZC14-004
6b Ordinance O-14-1913
Request for a Special Use Permit for a temporary concrete batch plant
on an approximate 37,500 square foot portion of 108.5 acres out of
the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey,
Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H.
Witten Survey, Abstract 1734, located at the northwest corner of
Heritage Avenue and Cheek-Sparger Road, Case ZC14-006
6c Ordinance O-14-1914
Approval of amendments to Chapter 3 - Land Use, Section 3.24.(B)-
Schedule of Permitted Principal Uses and Section 3.24.(D)-Temporary
Buildings and Uses, of the Land Development Code, GC14-006
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
8. REPORTS
Colleyville Events Steering Committee Meeting Minutes - October 23, 2013
Planning and Zoning Commission Meeting Minutes - February 24, 2014
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 1,
2014 - Reading and Public Hearing - Resolution R-14-3737
10. ADJOURNMENT
City of Colleyville Page 3
City Council Agenda April 1, 2014
I hereby certify this agenda was posted on City Hall bulletin boards Friday, March
28, 2014 by 5:00 p.m.
Amy Shelley, TRMC
City Secretary
Any matter on this agenda may, at the discretion of the governing body, be
opened for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 4
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 04/01/2014
Type Pre Council
Department Community Development
Title
Discussion and review of the City's tree preservation regulations located in Chapter 5-
Tree Preservation, of the Land Development Code
Explanation
Given increased land development activity over the past year, staff has noted several
portions of the City's tree regulations that may require amending. Therefore, this item
provides an opportunity for the City Council to review the City's tree preservation
regulations, and to discuss and provide direction to staff regarding any potential
changes.
The City's tree preservation regulations are contained in Chapter 5-Tree Preservation
in the Land Development Code (attached). This chapter was last amended by the City
Council on November 4, 2009. Those amendments were the culmination of a
comprehensive year-long review of the City's tree preservation regulations, which
included a review of the regulations by Burditt Consultants, LLC. The review also
involved two workshops with an ad-hoc tree preservation subcommittee that included
City Council members, Planning and Zoning Commissioners, Tree Board members,
Parks and Recreation Advisory Board members, as well as citizens, and developers.
The final report from Burditt Consultants, LLC, dated October 3, 2008 is also attached.
Current Development Conditions Related to Tree Preservation. Currently, 428
lots are under development in various stages of construction on over 300 acres in the
City. Considering all developments combined, there are approximately 9,300 trees that
are considered “protected” under the City’s tree preservation regulations on these
properties. Approximately 6,000 of these trees will be removed per the provisions of
the tree preservation regulations, given their location in exempted areas such as
building envelopes, easements, rights-of-way, and commercial building pads.
Review of Surrounding Cities. Also attached is a current review of the tree
preservation requirements of the seven cities that surround Colleyville. Including
Colleyville with the seven cities, only Southlake and Colleyville contain minimum
preservation requirements whereby a minimum number of pre-developed trees must
remain on site and for which mitigation is not allowed. Colleyville also has the highest
mitigation fees of any city in the survey. For most of the other cities, the fee is flexible
and is based on the current material and planting cost for a three inch caliper tree. In
terms of enforcement resources, only Southlake maintains a dedicated full-time staff
member to enforce tree preservation regulations. All other cities, including Colleyville,
City Council Agenda Briefing
City of Colleyville Page 2
use a mix of existing staff to enforce their regulations. While a mix of City development
staff perform site inspections for tree preservation compliance, Colleyville currently
utilizes a third-party landscape architecture firm to perform reviews and verifications of
the required tree survey submitted prior to issuance of the building permit or notice to
proceed. This cost is passed onto the contractor/developer.
Possible Amendments to Chapter 5-Tree Preservation. The following are areas
that staff has identified for potential amendments in Chapter 5-Tree Preservation:
-Section 5.7(A & B): Explore the addition of a graduated tree removal permit fee based
on the size and scope of the development in order to better recover the proportionately
large administrative costs in reviewing plans and enforcing the regulations. An
example of a possible graduated fee structure is as follows:
$50.00 - Tree Removal Permit for existing single family lot less than one acre in size
where a protected tree is proposed for removal
$500.00 - Tree Removal Permit for new commercial construction
$1,000.00 - Tree Removal Permit for new residential subdivision less than five acres in
size
$2,000.00 - Tree Removal Permit for new residential subdivision greater than five
acres in size
-Section 5.7(I): Appeals - Either allow an appeal option to the City Council by
removing final decision authority from Planning and Zoning Commission, or give the
City Council sole appeal and waiver authority.
-Section 5.8(1): Further clarification of the minimum preservation requirements.
Further explanation is needed on how a tree canopy is calculated and exceptions need
to be provided for the minimum coverage requirement. For example, if only one tree
exists on an undeveloped lot, currently that tree could not be removed without the
approval of a waiver. Also, possibly require a specific tree conservation plan prior to
approval of any new development which would seek to compliment any new
development with the existing tree coverage and would possibly require final City
Council approval.
-Section 5.8(C): Clarify exempted areas and potentially reduce what areas are exempt
in residential subdivisions, such as rights-of-way. For larger residential properties that
may be subdivided, possibly remove the exemption for a resident in order to disallow a
single family resident, who is currently exempt from the tree preservation
requirements and who lives on a large tract of land, from clear cutting the property in
anticipation of subdividing the property.
City Council Agenda Briefing
City of Colleyville Page 3
-Section 5.10: Add mitigation fees to the actual violation, in addition to the existing
misdemeanor fine of up to $2,000.00 per day.
Based on City Council direction regarding this item, staff will bring forward
amendments to Chapter 5-Tree Preservation for consideration at a future meeting.
Attachments
1.Chapter 5-Tree Preservation
2.Findings and Recommendations for Colleyville Tree Preservation - Dated October
3, 2008, Burditt Consultants, LLC
3.Summary of Surrounding Cities Tree Preservation Requirements
Chapter 5
Tree Preservation
(11/04/2009)
Section 5.1 Purpose of This Chapter
The intent of this Chapter is to encourage site planning which furthers the preservation of trees
and natural areas; to protect trees during construction; to facilitate site design and construction
which contribute to the long term viability of existing trees; and to control the removal of trees
when necessary. It is the further intent of this Chapter to achieve the following broader
objectives:
Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of
the City.
Protect and increase the value of residential and commercial properties within the City.
Prohibit the indiscriminate clear cutting of property.
Section 5.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of Chapter 51 –
General Powers of Municipalities of the Texas Local Government Code, which authorizes a
municipality to adopt ordinances, rules, or police regulations that are for the good government,
peace, or the trade and commerce of the municipality. This Chapter is also adopted under the
authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to
exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 5.3 Variances and Appeals
Any person seeking approval of a development as required by this Land Development Code may
request a variance from a requirement contained in this chapter, or appeal a decision of an
Administrative Official by submitting a request using the procedures described in Chapter 1 –
General Provisions of this Land Development Code.
Section 5.4 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land
Development Code.
Section 5.5 Tree Removal Permit
No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy
through damaging the roots, trunk or canopy, any tree situated on property regulated by this
Chapter without first obtaining a tree removal permit, unless otherwise exempted by the
provisions of this Chapter.
Page 5-1
Section 5.6 Applicability
The terms and provisions of this Chapter shall apply to real properties, persons and trees as
follows:
A. Properties which are regulated by this Chapter:
1. Any real property upon which any protected tree is located.
2. Any property for which a final plat has not been submitted on the date of this
Chapter.
3. Any property for which construction plans have not been submitted on the effective
date of this Chapter.
4. All municipal / public domain property.
Section 5.7 Submittal, Review and Approval Process and Administrative
Procedures
The Administrative Official is responsible for the review and approval or disapproval of all
requests for tree removal permits. The request shall be submitted in accordance with the
requirements specified herein.
A. Tree Removal Permit: A request for a tree removal permit must be submitted and
approved prior to the removal of any tree. Where any tree is slated for removal, no site
grading, dirt disturbance or new construction may occur on the property until a tree
removal permit has been issued.
B. Fees: All tree removal permits shall be accompanied by a check made payable to the
City of Colleyville in the amount established by the schedule of fees approved by the City
Council.
C. An application involving a limited portion of a site may be based on an exhibit showing
only that portion of the site.
D. Aerial photographs interpretation may supplant the ground survey for preliminary
analyses of large scale developments, such as subdivisions, utility corridors and golf
courses, at the discretion of the Administrative Official.
E. Any tree removal permit request that requires the removal of a protected tree shall be
accompanied by a tree preservation plan.
F. The items required on a tree preservation plan shall include but not be necessarily limited
to:
1. Title Block: includes street address; legal description (lot and block, subdivision
name); date or revised date, north arrow; graphic (and written) scale; name, address,
telephone number of owner and of person preparing the exhibit.
2. Location of all existing or proposed structures, improvements and site uses including
pavement and landscaping, setback, easements and service connections, all
properly dimensioned and referenced to property lines,
Page 5-2
3. Existing and proposed site elevations, grades and major contours. Construction
details of permanent grade changes around all trees.
4. Location of trunks and canopies of all existing trees, graphically differentiating
between the trees to remain and those to be removed. A plus (+) character shall
indicate trunk location and concentric circle shall indicate the size and canopy
configuration.
5. Proposed general areas or locations of the replacement trees.
6. Locations of all critical root zones as defined in Chapter 2 - Definitions.
G. Tree information required shall be summarized in tabular form on the preservation plan
(see example below) and shall include:
1. The list of trees to be removed.
2. The total diameter of trees to be removed.
3. Replacement trees listed by species name, quantity, size and total diameter required
for replacement of trees. (See Section 5.13 for replacement tree list.)
Example of Tree Survey and Mitigation Table to Be Inserted on Preservation Plan
Tree
Species
Number
of Trees
on Site
Total
Caliper
Inches
Number
of
Exempt
Trees
Removed
Caliper
Inches
Exempt to be
Removed
Number of
Non-
Exempt
Trees
Removed
Caliper
Inches Non-
Exempt to
be Removed
Replacement
Trees to be
Planted
(3" Caliper)
Red Oak 12 108 3 42 1 12 4
Post Oak 35 350 18 168 2 24 8
Cedar 10 89 1 12 0 0 0
Pecan 5 75 0 0 5 75 25
TOTAL 62 622 22 222 8 111 37
H. Tree protection notes and details shall be included on site plans, subdivision plans or
landscape plans and always included with the bid documents given to the contractor.
(See Section 5.12)
I. Appeals: Any decision made by the Administrative Official with regard to a request for a
tree removal permit may be appealed by any party to the Planning and Zoning
Commission. All actions of the Commission shall be final.
J. Permit Validity: Permits for tree removal issued in connection with a building permit,
subdivision plan and site plan shall be valid for the period of that building permit's or site
plan's validity. Permits for tree removal not issued in connection with a building permit,
subdivision or a site plan shall become void ninety (90) days after the issue date on the
permit.
Page 5-3
Section 5.8 Tree Preservation Requirements
A. Minimum Existing Tree Preservation Requirements: When any new construction occurs,
there shall be a minimum number of trees protected on the property. For new residential
subdivisions, the entire boundary of the subdivision shall be considered as one property
for the purpose of this section. The chart below shall be used to determine the minimum
protection requirements:
Existing Tree Coverage Preservation Requirements:
Percentage of existing protected tree coverage Minimum percentage of the existing protected tree coverage to be preserved
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
Protected trees located within any of the exempted areas specified in section C below
may be credited toward the minimum existing preservation coverage requirements in the
above table such that no more than 50% of the existing protected trees may be credited
within an exempt area. NOTE: The minimum preservation coverage requirements listed
above may not be mitigated for as described in Section 5.10.
B. Preservation of Heritage Trees: Heritage Trees, as defined in Chapter 2 - Definitions,
may not be classified as exempted trees, regardless of whether or not they are located in
an exempted area as defined in the sections below.
C. Exempted Areas, Persons and Tree Species from preservation requirements:
1. New Residential Subdivisions with Street Dedications: Except where noted above,
the following areas shall be exempt from the tree preservation requirements of this
chapter:
a. Rights-of-way of newly dedicated streets
Page 5-4
b. Easements
c. Residential setback envelope
d. NOTE: When submitting a new residential subdivision plat, the Planning and
Zoning Commission may evaluate whether an alternate street layout and grading
plan which complies with all City subdivision standards would result in
substantially greater tree preservation. In the event such an alternate layout is
determined by the Commission to be a reasonable use of the land then the
applicant may substitute said alternative plan without being required to submit a
new Preliminary Plat application. If, however, the applicant does not substitute
said alternate layout or another acceptable plat to the Commission, failure of the
applicant to do so shall be a basis for denial of the applicant's application.
2. Platted Residential Lots: Except where noted above, the following areas shall be
exempt from the tree preservation requirements of this chapter:
a. Residential setback envelope
3. Platted Commercial Lots: Except where noted above, the following areas shall be
exempt from the tree preservation requirements of this chapter:
a. Trees located within the new commercial building footprint.
4. Exempted Tree Species: The following tree species shall be exempt from the tree
preservation requirements of this chapter:
a. Mesquite
b. Hackberry
c. Chinese Tallow
5. Exempted Persons: The following persons are exempt from the provisions of this
Chapter only to the extent of their control over the particular class of properties and
trees described below. Persons exempt from the provisions shall not be required to
obtain tree removal permits.
a. An employee of the City of Colleyville, a public utility or an authorized contractor
working in a dedicated public right-of way may in the course of business, remove
or prune that portion of a tree which prohibits the safe construction, repair or
maintenance of a service line or facility.
b. The resident of a single family home may remove all or a portion of a tree which
exists on the lot of record on which the single family home is built.
c. A property owner or his authorized contractor, employee or tenant may remove a
tree which has become severely diseased or damaged to the extent that it is
beyond the point of recovery or is in danger of falling, as determined by the
Administrative Official.
d. All landscape nurserymen shall be exempt from the terms and provisions of this
section only in relation to those trees planted and growing on the nursery
premises which are planted and grown for the sale or intended sale to the
general public.
Page 5-5
e. Any person may remove all or a portion of a tree which has disrupted a public
utility service due to tornado, storm, flood, or other act of God, but only that
portion of the tree which is necessary to safely restore normal utility service.
f. The following persons shall be exempt from the tree replacement provisions of
this Chapter. However, such persons shall provide tree protection and
replacements as per this Chapter for all remaining trees in non-exempt areas.
(1) A person performing work authorized by a building permit in the residential
buildable area.
(2) A person performing work authorized by an approved site plan in the
commercial building footprint.
(3) A person performing work authorized by the approved grading and drainage
plan in the residential setback envelope.
(4) An employee of the City of Colleyville, a public utility or a person performing
work authorized by an approved subdivision plat or a separate dedication
instrument in a dedicated public right-of-way, drainage or utility easement.
Section 5.9 Tree Protection
A major purpose of this Chapter is to protect all trees which are not removed and to allow
approved construction to occur. The following procedures shall apply to all types of
construction projects which involve development around trees.
The following procedures are deemed appropriate in the situations noted; however, unique
circumstances may allow modifications if deemed necessary by the Administrative Official.
A. Prohibited Activities: The following activities shall be prohibited with the limits of the
critical root zone of any tree which is subject to the requirements of this Chapter.
1. Material Storage: No materials intended for use in construction or waste materials
accumulated due to excavation or demolition shall be placed within the limits of the
critical root zone of any tree.
2. Equipment Cleaning / liquid disposal: No equipment may be cleaned or other liquids
deposited within the limits of the critical root zone of a tree. This would include but
not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials.
3. Tree Attachments: No signs, wires or other attachments, other than those of a
protective nature shall be attached to any tree.
4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is
allowed within the limits of the critical root zone of trees.
B. Pre-Construction: The ensuing procedures shall be followed prior to construction.
1. Tree Flagging: All trees to be removed from the construction site shall be flagged with
bright red vinyl tape wrapped around the main trunk at a height of four feet (4’) or
more such that the tape is visible to workers on foot or driving equipment.
2. Protective Fencing: All protected trees shall have protective fencing located at the
tree's critical root zone. The protective fencing may be comprised of snow fencing,
orange vinyl construction fencing, chain link fence or other similar fencing with a four-
Page 5-6
foot (4’) approximate height. The protective fencing may be located within the critical
root zone of the specimen tree for approved construction only. The fencing shall
follow the delineation of the approved construction. In order to protect the trunk, the
trunks of all protected trees shall be wrapped with orange vinyl construction fencing
such that the trunk will be easily visible during construction activities.
3. Bark Protection: in situations where a tree remains in the immediate area of intended
construction, the tree shall be protected by enclosing the entire circumference of the
tree's trunk with lumber encircled with wire or other means that does not damage the
tree.
4. Construction Pruning: In a case where a low hanging limb may be broken during the
course of construction, the obtrusive limb may be cut. The limb shall be cut either
flush to the trunk on or at the next joint of the limb. The wound shall then be sealed
with pruning paint.
In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of
the entire canopy without the Administrative Official's prior approval.
C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that
trees slated for preservation have some encroachment on their critical root zone, as
defined in Chapter 2 - Definitions. The following is the minimum design criteria, which is
allowed within the critical root zone of a tree. Development exceeding the criteria would
put the tree at risk and therefore no longer be considered a preserved tree. In such a
case replacement trees shall also be required.
1. Grade Changes: In the event that grade changes must be made around a tree or
group of trees, the following shall be implemented in order to maintain oxygen and
water exchange within the tree's critical root zone.
a. A minimum of seventy-five percent (75%) of the critical root zone must be
preserved at natural grade with natural ground cover or landscaping for the tree
to be considered a preserved tree.
b. No cut or fill greater than two inches (2”) shall be located closer to the tree trunk
than one half (1/2) of the radius of the critical root zone radius distance.
c. Increase Grade: Provide an aeration system just outside the tree's critical root
zone. A dry well located a minimum of one-half (1/2) of the radius of the critical
root zone.
d. Decrease Grade: Provide retaining walls outside the critical root zone to mitigate
cuts.
2. Boring of Utilities: May be permitted under protected trees in certain circumstances.
The minimum length of the bore shall be the width of the tree's canopy and shall be a
minimum depth of forty-eight inches (48”).
3. Trenching: irrigation systems shall be designed to avoid trenching across the critical
root zone of any tree.
4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree
may be covered with impervious paving. The pavement and the cut and fill for the
pavement is to not exceed one-half (1/2) of the critical root zone radius distance.
Page 5-7
Section 5.10 Mitigation and Violations
Any protected tree which is six inches (6”) or greater that is removed, destroyed or more than
50% damaged and does not meet the exemption provisions of this chapter shall be mitigated per
the requirements of this section. In the event that the loss of a protected tree requires mitigation,
the party responsible for mitigation shall either replace the protected tree(s) by planting new
trees, pay a mitigation fee or a combination of both. For the purpose of this Chapter, trees
removed within any City right-of-way or other City owned property by anyone not exempted by
Section 5.8(C)5 shall be mitigated per the requirements of this section and other applicable City
ordinances.
The mitigation authorized by this section is not meant to supplant good site planning. Tree
replacement will be considered only after all design alternatives which could save more existing
trees have been evaluated.
A. Mitigation Through Planting New Replacement Trees: A sufficient number and diameter
of replacement trees shall be planted in order to equal the total diameter inches or
fraction thereof of trees six inches (6”) or greater and slated for removal.
1. Replacement trees shall be a minimum of three inches (3”) diameter when measured
one foot (1’) above the soil line and a minimum of eight feet (8’) in height when
planted.
Examples-
a. A total of 18” diameter to be removed shall be replaced with 6 – 3” diameter
trees.
b. A total of 19” diameter to be removed shall be replaced with 7 – 3” trees or 5
– 3”, trees and 1-4” tree.
2. All replacement trees shall be a species listed on the replacement tree list and
guaranteed for one year from the date of the final inspection and acceptance of the
project.
3. The location of replacement trees is restricted from utility easements and rights-of-
way. The location shall not be in an area such that the mature canopy of the tree will
interfere with overhead utility lines. No trees shall be planted within ten feet (10’) of a
fire hydrant.
4. Replacement trees should be planted on the site from which existing trees are to be
removed. If this is not feasible, an applicant may initiate a proposal to plant trees off-
site. This may be approved if the planting site is no more than one-half mile from the
site where the original trees were removed.
5. Replacement trees shall be planted prior to the issuance of the certificate of
Occupancy or project release. Optimum planting times do not always correspond to
project completion. For that reason, replacement tree plantings may take place after
the project is released by the City; provided, that before project release, a fiscal
security is posted in the amount equal to the prevailing rate for installed trees with a
one (1) year guarantee, plus fifteen percent (15%) to cover administrative cost.
B. Mitigation Through Payment of Fee: A monetary fee of $250.00 per diameter inch of the
tree(s) removed or damaged shall be assessed and paid to the City of Colleyville. All
mitigation fees shall be deposited into the City’s Tree Preservation Fund.
Page 5-8
C. Mitigation of Heritage Trees: Heritage Trees, as defined in Chapter 2 – Definitions and
noted in Section 5.8:
1. A monetary fee of $500.00 per diameter inch of the Heritage Tree removed or
damaged shall be assessed and paid to the City of Colleyville and deposited into the
City’s Tree Preservation Fund, or;
2. If replacement trees are to be planted, the total amount of replacement inches to be
planted shall be in an amount that is twice the diameter inches of the Heritage
Tree(s) removed and shall, otherwise, meet the requirements of Section A above.
D. Colleyville Tree Preservation Fund: All mitigation fees shall be paid into the Colleyville
Tree Preservation Fund. The fund shall be administered by the City Manager or his/her
designee and shall only be used for the planting of new trees on City owned or leased
properties, rights-of-way and other public properties such as public schools, county and
State properties located within the City of Colleyville.
E. Penalty for Violation: Any person violating or failing to comply with any provision or
requirement of this Chapter, including but not limited to the mitigation requirements of this
section, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall,
without exception, be fined the maximum amount of $2,000.00. A separate offense shall
be deemed committed upon each day during or on which each separate violation or
failure to comply occurs or continues to occur and shall be punishable as such.
F. If any protected tree dies within three (3) years of the issuance of the certificate of
occupancy, final inspection or acceptance of public improvements and is brought to the
attention of the city manager or his/her designee, the original permit applicant shall be
subject to the replacement/mitigation requirements for protected trees per this section.
Section 5.11 Replacement Tree List
The following is the list of appropriate and approved replacement trees which have been
selected on the basis of their suitability in the urban environment of North East Tarrant
County.
REPLACEMENT TREE LIST
SCREENING TREES ORNAMENTAL TREES MEDIUM AND LARGE TREES PALMS
ARBORVITAE BLUE POINT JUNIPER AMERICAN ELM CALIFORNIA FAN PALM
BLUE POINT JUNIPER CAROLINA BUCKTHORN ARISTOCRAT PEAR MEXICAN FAN PALM
CHINESE PHOTINIA CAROLINA CHERRY LAUREL ARIZONA CYPRESS NEEDLE PALM
CAROLINA CHERRY LAUREL CRAPE MYRTLE BALD CYPRESS SABAL PALM
EAST PALATKA HOLLY DECIDUOUS HOLLY BOIS D' ARC WINDMILL PALM
EASTERN RED CEDAR DESERT WILLOW BUR OAK
LITTLE GEM MAGNOLIA EAST PALATKA HOLLY CEDAR ELM
NELLIE R. STEVENS HOLLY FIG CHINESE PISTACHE
SAVANNAH HOLLY ITALIAN CYPRESS CHINQUAPIN OAK
WAX MYRTLE JAPANESE MAPLE DEODAR CEDAR
YAUPON HOLLY LACEY OAK EASTERN RED CEDAR
MEXICAN BUCKEYE EVE'S NECKLACE
NELLIE R. STEVENS HOLLY FOREST PANSY REDBUD
OKLAHOMA REDBUD GINKGO BILOBA
Page 5-9
SAVANNAH HOLLY LACEBARK ELM
SUMAC LITTLE GEM MAGNOLIA
TEXAS MOUNTAIN LAUREL LIVE OAK
VITEX PECAN
WAX MYRTLE PERSIMMON
YAUPON HOLLY SHANTUNG MAPLE
SHUMARD RED OAK
SOUTHERN MAGNOLIA
Section 5.12 Construction Plan Requirements
The following notes shall be required as a part of all construction plans.
1. All trees shown on this plan to be preserved shall be protected during construction with
temporary fencing. Tree protection fences shall be installed prior to the commencement
of any site preparation work (clearing, grubbing or grading).
2. Fences shall completely surround the tree or clusters of trees. The fence shall be located
at the outermost limits of the tree branches or critical root zone. The fence will be
maintained throughout the construction project in order to prevent the following.
A. Soil compaction in the critical root zone resulting from vehicular traffic or storage of
equipment or materials.
B. Critical root zone disturbances due to grade changes greater than two inches (2”) cut
or fill or boring which was not authorized by the City.
C. Wounds to the trunk, limbs or exposed roots by mechanical equipment.
D. Other activities detrimental to trees such as chemical storage, cement trunk cleaning,
and fires.
3. In cases of area constraints where the protective fence is closer to the trunk than four
feet (4’), the trunk must be protected with strapped-on planking to a height of eight feet
(8’) or to the limits of the lower branching.
4. All grading within critical root zones of protected trees shall be performed by hand or
small equipment to minimize damage. Prior to grading, relocate the protective fencing to
two feet (2’) behind the grade change area.
5. Trees most heavily impacted by construction activities should be watered deeply once a
week during periods of hot and dry weather. Tree crowns should be sprayed with water
periodically to reduce dust accumulation on the leaves.
6. Trenching for landscape irrigation shall be located as far from the existing trunks as
possible.
7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take
place before construction begins.
Page 5-10
Section 5.13 Amendments
Reserved for listing of amendments to this Chapter.
Ord. Number Date Subject
O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code
O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of
consultant
Page 5-11
FINDINGS AND RECOMMENDATIONS FOR
COLLEYVILLE TREE PRESERVATION
SUBMITTED TO:
Mr. Ron Ruthven, AICP
Director of Community Development
City of Colleyville, Texas
Submitted By:
Consultants, LLC
P. O. Box 1424
Conroe, Texas 77305
October 3, 2008
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October 3, 2008
Mr. Ron Ruthven, AICP
Director of Community Development
City of Colleyville, TX
100 Main Street
Colleyville, Texas 76034
RE: Findings and Recommendations – Tree Preservation Code Revisions
Dear Mr. Ruthven:
We have completed our review of the tree preservation components of the
City of Colleyville’s Land Development Code. The attached Findings and
Recommendations Report details the goals and intentions derived from
interviews with City staff and input gathered from the public participation session,
as well as our observations from code review. Implementing the
recommendations herein should significantly increase tree preservation during
development while maintaining a clear, easy to understand permitting process.
Please review the attached report and feel free to comment with any
questions or concerns you may have. We look forward to your response and are
ready to present the findings to the Planning & Zoning/City Council group work
session when your team is ready.
Sincerely,
Paul S. Howard
Project Manager
/psh
Attachment
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Executive Summary
The current Land Development Code; Chapter 5 – Tree Preservation has both
strengths and weaknesses in its provisions for tree preservation during
development, and the City has identified the need to revise the current code to
achieve higher levels of tree preservation and quality development. In order to
meet this goal, the City hired a consultant to review the code, and collect input
from City staff, concerned citizens, and members of the development community
and make recommendations for revisions.
Analysis of input gathered from interviews with the City staff and public
participation session have yielded some guiding goals for the code revision
process. These goals represent the core issues Colleyville faces with regards to
tree preservation.
1. The Code should require some minimum level of tree preservation
requirements to eliminate clearcutting of land during development.
2. The Code should clearly define the permitting process and submittal
requirements.
3. The Code and overall urban forestry program should provide for increased
enforcement of the tree preservation requirements after permit approval.
4. The Code should provide higher standards for tree preservation planning,
plan implementation, and replacement planting.
5. The Code should seek a balance between tree preservation and economic
development within the City.
With these goals in mind, following are some of the key changes recommended
for the Code and overall urban forestry program:
1. Focus on preservation of trees 6” in diameter or greater.
2. Employ a minimum preservation requirement of 50% of the trees within
non-exempt areas.
3. Create and fund a permanent position on City staff for an Urban Forester
to administer the Code and further develop the urban forestry program.
4. Provide for the preservation of large trees by requiring replacement at a
higher ratio.
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5. Eliminate undesirable species from the tree preservation requirements.
6. Increase mitigation fees and fines for violation of the Code. Develop
separate definitions for these fiduciary mechanisms.
7. Strengthen tree removal permitting through required Tree Preservation
Plan.
8. Clarified tree removal permitting process.
9. Definition of the Colleyville Tree Fund, its administration, and approved
tree fund expenditures.
10. Improved Replacement Tree List to encourage species diversity.
11. Inclusion of tree preservation treatment specifications within a separate
criteria manual maintained by the City.
The following are the collective observations from analysis of the staff interviews,
the public participation session, and review of the current code and permitting
process within the Land Development Code.
[This Space is Intentionally Left Blank]
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Staff Participation
When evaluating a tree preservation ordinance, it is important to solicit input from
City staff, as they usually have a more intimate knowledge of policies and
processes and a unique perspective on the daily issues regarding tree
preservation. In order to understand the how City staff interact with these issues,
select staff members from a range of departments were interviewed in a group
meeting. The following are the most significant concerns of City staff regarding
tree preservation:
1. Enforcement of the Code is ineffective. This is largely due to insufficient
staffing to address the inspection of properties. Oftentimes the Tree
Protection Plan submitted for permitting is not implemented properly in the
field. This suggests the need to add a dedicated staff member to the
planning team to administer the Code.
2. The Code needs a minimum tree preservation threshold. The current
code allows for the removal of 100% of the trees on site through mitigation
payments into the Tree Fund.
3. The current tree preservation permitting process is vague and needs to be
clarified. Specifically, it is difficult to determine when the tree preservation
planning process should begin.
4. The current code requires protection or mitigation of all trees 3” or larger in
diameter that are within applicable areas of the property. It may be
prudent to consider what size trees are protected in other cities.
5. Larger trees are difficult, if not impossible to replace. Larger trees should
have a higher preservation requirement or some incentive for their
preservation.
6. The current fees for mitigation are set at $100 per diameter inch removed.
This value should be increased to the level of current tree replacement
costs in the industry. Additionally, this value is not seen as a deterrent to
tree removal by the development community.
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Public Participation
A primary catalyst to the City’s decision to consider revising the current tree
preservation code has been the significant concern among citizens that current
policies are not adequately preserving trees during development. In order to
have a balanced understanding of these concerns, stakeholders from the
community were invited to participate in a workshop to discuss their concerns.
Participants included members of the development community, City Council,
homeowner’s associations, and the general citizenry. The forum for this
workshop was an open discussion of the strengths and weaknesses they have
experienced with the current code. The following are the most significant points
of discussion:
1. More enforcement is needed. The tree protection treatments are not
adequately being implemented and/or maintained after permit approval.
2. There is no minimum tree preservation requirement; therefore a property
can be clearcut. This has the most visual impact on a development.
3. Mitigation fees are inadequate, as they do not deter the clearcutting of
land.
4. Code needs to clearly define when tree removal permitting is triggered.
5. The City needs a dedicated enforcement officer to administer the tree
preservation components of the Code. This person should be an urban
forester, landscape architect, horticulturalist, or other qualified
professional.
6. Some species are considered undesirable and should not be protected by
the Code. Species may include: Mesquite, Cottonwood, Hackberry, &
Chinese Tallow.
7. Larger trees should be protected at a higher rate. These trees are not
easily replaced. Incentives should be available to encourage their
preservation.
8. The City of Colleyville should lead by example and adhere to the same
tree preservation requirements as private development.
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Findings and Recommendations
The City of Colleyville’s Land Development Code was reviewed extensively to
identify ways to enhance preservation of trees during development. The primary
focus during the review process was on Chapter 5 – Tree Preservation, however
many other chapters were evaluated to ensure that forthcoming
recommendations would not conflict with other components of the Code. The
following are our findings and recommendations as a result of review of
stakeholder input and the current code:
1. Finding: The current code requires accounting for all trees 3” and larger
in diameter within the applicable areas the property. Most cities usually
require preservation of trees that are more difficult to replace such as 6” or
8” and larger in diameter. Trees less than 6” are generally easily replaced
at a cost that is often less than the cost of implementing tree protection
treatments. The plan review process for tree preservation, and site
inspections for compliance, can be cumbersome when dealing with large
numbers of small trees less than 6” in diameter. Increasing the
requirement to 6” will reduce plan review and inspection time substantially
for City staff.
Recommendation: Focus preservation efforts on trees 6” and larger in
diameter. Additionally, this will reduce costs to developers and likely
encourage more tree preservation. Sections of the code where this must
be adjusted include: Section 5.9, 5.9.A, & Chapter 2 – Definitions [Tree].
2. Finding: In addition to adjusting the tree preservation requirement to that
of trees 6” and larger in diameter, the applicable trees should be formally
regarded as “Protected Trees”. Sections 5.6.A.1 and 5.10.B.2, 5.12.B, &
5.14.4 refer to applicable trees as “designated trees” and “specimen trees”
respectively. These sections should be adjusted to reflect the “Protected
Tree” definition. Additionally, the definition for Tree in Chapter 2 –
Definitions should be adjusted to define “Protected Tree”.
Recommendation: Revise the definition Tree within Chapter 2
Definitions to define a “Protected Tree” (see Finding and
Recommendation #6 below).
3. Finding: The current code has no minimum requirement for tree
preservation during development. This is the most significant weakness of
the current code. Such a threshold will provide for increased tree
preservation while still offering design flexibility. Additional flexibility may
be achieved by offering credit for preservation of trees within the buildable
areas of the property. For most cities, the figure chosen as the minimum
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percentage for tree preservation is arbitrary, but must be reasonable given
the allowable land use. As the Code only requires preservation of trees
within non-buildable areas, as much as 50% could be preserved without
unfairly penalizing developers.
Recommendation: Establish a minimum tree preservation requirement.
This value should be stated as a percentage of total diameter inches
within the applicable areas of the property. The new tree preservation
requirement should be inserted into a newly created section of Chapter 5
– Tree Preservation titled Section 5.x Tree Preservation Requirements.
4. Finding: Enforcement of the Code has been reported by City staff and
the public as being inadequate due to lack of available personnel.
Discussions with City staff indicate that there is a great need to have a
dedicated professional to administer the tree preservation code on a daily
basis. Ideally, this person should be a degreed professional with at least 4
years experience in the field of Urban Forestry, Landscape Architecture,
Horticulture, or Landscape Administration. The position should given the
authority to administer the code an make decisions at a staff level when
conflicts arise to fulfill the intent of the code to the best available end.
Recommendation: Create and fund a permanent position within the
Community Development Department for a City Urban Forester. This
person will be responsible for the day-to-day administration of the tree
preservation components of the code. The successful applicant should
have experience in plan review, working with tree preservation
ordinances, and tree preservation techniques. The following is a list of
foreseeable duties the position will entail:
• Participate in the development and implementation of policies and
procedures; make recommendations for changes and improvements to
existing standards and procedures; recommend and assist in the
implementation of goals and objectives.
• Respond to questions and inquiries from the general public regarding
the planting and maintenance of City trees and shrubs; educates the
public on City codes and regulations governing the protection of trees
and investigate violations of City codes; investigate and prepare
responses to citizen complaints, suggestions, and requests.
• Provide advice regarding City planning issues and the possible effect
on trees and surrounding vegetation; make recommendations for
appropriate plant and landscaping as required; confer with contractors
and developers performing construction or maintenance work near City
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trees and tree roots; explain City codes and regulations and
department standards and procedures.
• Participate in the preparation and administration of the assigned
program budget; submit budget recommendations; monitor
expenditures. Plan, coordinate, and manage tree related programs
such as Arbor Day, Tree City USA, Christmas Tree Recycling
Program, and tree planting programs; coordinate efforts of volunteers,
business groups, school groups, city staff, and staff from other
government entities to ensure tree programs’ success.
• Represent the Community Development Department on advisory
boards, professional organizations, and committees; make
presentations concerning tree related programs to elected officials,
civic organizations, home owners associations and the general public;
stay abreast of new trends and innovations in the field of urban
forestry.
5. Finding: Public and staff input suggest the need to preserve larger, older
trees at a higher rate. These trees are difficult, if not impossible, to
replace in the landscape. Many cities classify trees that are above a
certain species and size as “heritage trees” or “specimen trees” (i.e. all
trees of x,y,z species that are 18” or larger in diameter). These trees are
often required to be preserved or replaced with a higher number of
diameter inches (i.e. 1” specimen tree diameter = 2” replacement tree
diameter). Other cities use the Texas Forest Service’s Big Tree Registry
as a guideline for identifying specimen or heritage trees. In these
ordinances, a tree that is at least 50% of the diameter of its representative
species on the Big Tree Registry must be preserved or replaced at a
significantly higher ratio. The Big Tree Registry is a list of the largest
recorded trees of each species in Texas. A copy of this document is
attached for reference.
Recommendation: Identify the most desirable approach to increasing
the preservation requirements for specimen/heritage trees. If using a
species and size approach, decide upon a diameter threshold that will
determine a tree’s classification. The City’s current code has an
acceptable table of tree species that could be used with this method. This
new tree classification will require a definition to be added to Chapter 2 –
Definitions within the Land Development Code. Additionally, Section 5.9
Tree Replacement Requirements should include a statement indicating
the increased replacement ratio for “Specimen/Heritage Trees” (i.e. If a
Specimen Tree must be removed from a non-exempt area, replacement
trees must be planted at a ratio of 2:1).
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6. Finding: Stakeholders have described some tree species as being “trash
trees” that are not desirable in the landscape. Many cities make a clear
distinction between undesirable and desirable species within their code;
and either have reduced preservation requirements or no preservation
requirements. Suggested species that are considered undesirable
include: Mesquite, Bois D’ Arc, Cottonwood, Chinese Tallow, Hackberry,
and Locust. Arguments in favor of continued preservation requirements
for these species cite the environmental and shade benefits of all tree
species. Proponents for their exemption cite that a developer should not
be required to preserve a tree species that he/she is not allowed to plant
in accordance with the approved Replacement Tree List.
Recommendation: Consider the following species as “exempt” from the
tree preservation code: Mesquite, Cottonwood, Bois D’ Arc, Chinese
Tallow, Hackberry, and Locust. This exemption would be made by
revising the recommended “Protected Tree” definition in Chapter 2
Definitions to reflect this (i.e. Protected Tree - A self-supporting woody
perennial plant, not of the species: Mesquite, Bois D’ Arc, Hackberry,
Cottonwood, Chinese Tallow or Locust, which has attained a trunk
diameter of six (6) inches or more when measured at a point four and one-
half (4½) feet above the surrounding grade and normally having an overall
height of at least fifteen (15) feet at maturity, usually with a single
elongated main stem with few or no branches on its lower part.).
7. Finding: When addressing platted residential lots, the current definition
for “Buildable Area” describes an area between the front setback and the
rear property line and the area underneath the driveway. This leaves no
protection for trees in the backyard areas. Given the constraints with
many small residential lots, there may not be an opportunity for requiring
preservation of trees outside this envelope. An alternative to establish
requirements would be to offer credit for preservation of existing trees
within the buildable areas. Such credit could be applied towards tree
preservation and replacement requirements within the non-exempt areas.
This would effectively allow a developer/builder to “trade” a protected tree
in a non-exempt area for a equivalent tree or number of trees within the
buildable area. This credit may reduce loss of additional trees and allow
for some flexibility in design.
Recommendation: Offer credit towards minimum tree preservation
requirements and replacement requirements for preservation of trees
within the exempted buildable area. This would be added as a 3rd item
within Section 5.7.B of the code.
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8. Finding: Mitigation fees are not explicitly defined within the code. It
appears that the current practice is to levy fees according to the defined
civil penalties within Section 5.12 Violations. This effectively charges
allowable mitigation through payment as if it were a misdemeanor.
Additionally, there is not a clear statement indicating that such fees are
paid into a dedicated Tree Fund. It would be prudent to make a clear
statement of where such funds will be placed.
Recommendation: Establish a new section within the code title
Mitigation for description of mitigation options when replacement planting
is not feasible. This section should include a description of the mitigation
fees and the payment of these fees into a dedicated Tree Fund.
9. Finding: Mitigation fees should be increased to level that adequately
reflects the cost of replacement trees per diameter inch. Current industry
standards, and the most common value for mitigation fees in other cities,
are approximately $250.00 per diameter inch. With this increase in fees,
there should also be an increase in fines for violation of the code per
Section 5.12 Violations. Fines should be set at a rate that is higher than
the mitigation fees.
Recommendation: Increase mitigation fees to $250.00 per diameter inch
to reflect current cost of tree replacement per diameter inch. This fee
should be described in the newly created Section 5.x Mitigation as
described in recommendation #7. Increase fines for violation of provisions
within Chapter 5 as described in Section 5.12 Violations. Texas Local
Government Code Ch. 54 states a maximum penalty of $500 per offense
for violation of a rule, ordinance, or police regulation. However, with a
unified development code, violation of any component of the Land
Development Code might be considered in violation of “zoning” and
thereby have a maximum penalty of $2,000. This matter should be
addressed with City Legal prior to adoption.
10. Finding: Applications for Tree Removal Permits currently require a
submittal of an exhibit that details the location of existing and proposed
features, existing trees, replacement trees, and tree protection notes. This
exhibit should be formally named as a Tree Preservation Plan, and be
required as a component of the construction documents for all projects.
Although valuable in its current form, this plan should have more defined
graphic standards that require the location of proposed tree protection
treatments such as fencing, root pruning, maintenance pruning, mulching,
bark protection, washout areas, and vehicle access. Inclusion of these
items will aid significantly in the plan review and inspection process.
Section 5.14 Construction Plan Requirements indicates that tree
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protection treatments must be in place prior to construction, however
these features should be graphically shown on the construction plan. In
order to eliminate confusion between the construction plan and the
submittal for Tree Removal Permit, it may be prudent to merge the
features into the Tree Preservation Plan.
Recommendation: Revise Section 5.8 Submittal Requirements to refer
to submittal exhibit as a Tree Preservation Plan. Revise Section 5.8.E to
require plan to indicate the location of tree protection treatments as
described above. Join the components of Section 5.8.E and Section 5.14
Construction Plan Requirements into a single section titled Tree
Preservation Plan Requirements.
11. Finding: Section 5.8 Submittal Requirements requires plan exhibits to
indicate the tree canopy for each tree. Tree canopies/driplines do not
adequately reflect the area of a tree’s root system that must be protected
during construction (known as the Critical Root Zone). A minimum of 75
% of a tree’s Critical Root Zone must remain undisturbed in order to
ensure survival of the tree and viability in the future landscape. The
Critical Root zone can generally be defined by the following formula: 1”
trunk diameter = 1’ of CRZ radius. All Tree Preservation Plans should
indicate the Critical Root Zone for each tree to be preserved. This will
allow the plan reviewer to decide whether proposed tree protection
treatments will be adequate for preserving the tree in question.
Recommendation: Revise Section 5.8 Submittal Requirements to
require location of the tree Critical Root Zone and the location of proposed
tree protection treatments. The definition of the Critical Root Zone should
be revised within Chapter 2 Definitions as well. The following definition is
recommended:
“Critical Root Zone - The area of undisturbed natural soil around a tree
defined by a concentric circle with a radius in feet equal to the number of
inches of trunk diameter. The area within this circle is referred to as the
CRZ. The CRZ is used by plan reviewers to determine compliance with
design standards and construction specifications, and is considered the
minimum portion of a tree’s extensive root system that must be protected
during construction.”
12. Finding: Stakeholders have indicated that the current tree removal
permitting process is difficult to understand. Primary confusion is
regarding when the tree preservation code is triggered during the
development process. The use of a graphic flowchart can aid in the user-
friendliness of the code.
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Recommendation: The following flowchart should be inserted into
Chapter 5 Tree Preservation in order to guide developers through
permitting effectively.
13. Finding: The fines for mitigation when trees are removed and cannot be
replaced are currently placed into a Tree Fund. This fund should be
defined within the tree preservation code and include a description of the
purpose of the fund, who administers the fund, and how expenditures of
these funds may be used. The following is an example of how this may be
described.
Tree Fund Expenditures
1. Funds collected from mitigation fees and penalties for noncompliance
with this Subchapter will be placed into a dedicated account known as
the Colleyville Tree Fund.
2. The Colleyville Tree Fund may be utilized to fund preservation and
replacement of the City’s tree canopy cover under the administration
of the City Urban Forester. The City Urban Forester will submit
quarterly budget requests to City Council for approval of all Tree Fund
expenditures.
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3. Funds collected from mitigation fees and penalties for noncompliance
with this Subsection may be utilized as follows:
a) Purchasing, planting and maintenance of trees on rights-of-way,
public park land or any other City-owned property.
b) Purchase of forested properties for perpetual preservation and
passive recreational use.
c) Funding of a City-wide tree inventory and an urban forest
management plan for all public properties.
d) Associated administration costs.
Recommendation: Create a new section within the code that details the
purpose of the Tree Fund, who will administer the fund, and how
expenditures of these funds may be used.
14. Finding: Participants from the public participation session have
requested an enhanced list of recommended tree species for replacement
plantings. Species diversity is important in maintaining a healthy urban
forest and reducing the possibility of catastrophic tree losses due to
disease or insect epidemics. Section 5.13 Replacement Tree List should
be revised with a new, expanded list of available species for planting.
Recommendation: Replace the Replacement Tree List with the following
table of recommended tree species. This table is categorized by size/use
and has additional information regarding potential problems for some
species. Tree species in this list are generally well-adapted to North
Central Texas.
[This Space is Intentionally Left Blank]
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SCREENING TREES ORNAMENTAL TREES MEDIUM TREES LARGE TREES PALMS
ARBORVITAE ARISTOCRAT PEAR CALIFORNIA FAN PALM *
BLUE POINT JUNIPER BLUE POINT JUNIPER CHINESE PISTACHE *MEXICAN FAN PALM *
CHINESE PHOTINIA CAROLINA BUCKTHORNEASTERN RED CEDARNEEDLE PALM
CAROLINA CHERRY LAURELCAROLINA CHERRY LAURELEVE'S NECKLACE *SABAL PALM
EAST PALATKA HOLLY *CREPE MYRTLE FOREST PANSY REDBUDWINDMILL PALM
EASTERN RED CEDAR DECIDUOUS HOLLY GINKGO BILOBA *
LITTLE GEM MAGNOLIA *DESERT WILLOW LITTLE GEM MAGNOLIA *
NELLIE R. STEVENS HOLLYEAST PALATKA HOLLY *SHANTUNG MAPLE *
SAVANNAH HOLLY *FIG AMERICAN ELM
WAX MYRTLE ITALIAN CYPRESS *ARIZONA CYPRESS
YAUPON HOLLY JAPANESE MAPLE BALD CYPRESS
LACEY OAK BOIS D' ARC
MEXICAN BUCKEYE BUR OAK
NELLIE R. STEVENS HOLLYCEDAR ELM
OKLAHOMA REDBUD CHINQUAPIN OAK
SAVANNAH HOLLY DEODAR CEDAR
SUMAC LACEBARK ELM *
TEXAS MOUNTAIN LAUREL *LIVE OAK *
VITEX PECAN *
WAX MYRTLE *PERSIMMON
YAUPON HOLLY SHUMARD RED OAK *
SOUTHERN MAGNOLIA *
Southern Magnolia: Develops very visible surface roots, sensitive to poorly drained or over-watered soils, foliage can be chlorotic in
alkaline soil.
Texas Mountain Laurel: Grows very slowly, prefers full sunlight, sensitive to poorly drained or over-watered soils.
Replacement Tree List
*POTENTIAL ISSUES WITH SELECTED SPECIES OR MAINTENANCE
California Fan Palm: Can suffer from freeze damage in severe winters.
Chinese Pistache: Girdling roots can often be a problem due to being growing in a container. But this is true for all container grown trees.
Listed as an invasive species.
East Palatka Holly: Not a native tree, but seems to perform quite well. Growth can be poor and foliage can be chlorotic in alkaline soil.
See http://hort.ufl.edu/trees/ILEATTA.pdf for more information.
Eve's Necklace: Grows very slowly, sensitive to poorly drained or over-watered soils.
Ginkgo Biloba: Grows very slowly, recommended not to plant the female due to its foul smelling fruit.
Pecan: Extremely large tree, significant litter problem.
Savannah Holly: Prefers full sunlight, sensitive to poorly drained or over-watered soils.
Shantung Maple: Sensitive to poorly drained or over-watered soils. The tree has not been in our landscape for an extended period of
time, so there is some question of possible long term problems. But so far, it is doing very well and seems to be adapted to our alkaline
soils.
Shumard Red Oak: Susceptible to Oak Wilt disease, sensitive to poorly drained or over-watered soils.
Lacebark Elm: Sensitive to poorly drained or over-watered soils, very susceptible to Cotton Root Rot and borers.
Little Gem Magnolia: Prefers full sunlight, sensitive to poorly drained or over-watered soils.
Live Oak: Susceptible to Oak Wilt disease.
Mexican Fan Palm: Can suffer from freeze damage in severe winters.
Italian Cypress: Prefers full sunlight; also spider mites and fungal infections can be a problem and can suffer from freeze damage in
severe winters.
BURDITT Consultants LLC
PLANNING + ARCHITECTURE + RESOURCES
Findings and Recommendations Page 16 of 17 Pages
Colleyville Tree Preservation October 3, 2008
Burditt Consultants, LLC
15. Finding: The current code requires tree protection measures during
construction that are generally effective. However, in order to ensure that
treatments such as tree protection fencing, maintenance pruning, utility
boring, demolition, root pruning, etc. are implemented correctly; it is best
to have treatment specifications to guide contractors during this process.
These specifications are usually provided in a separate criteria manual
maintained by the City. Maintaining the specifications in a separate
manual from the Code will allow staff to periodically update/revise them
without going through a formal Code revision process. Ideally, the City
should endeavor to create an entire technical manual for tree preservation
and maintenance. The specifications should be referenced within the
Code as a required component of the submitted Tree Preservation Plan.
Recommendation: Establish a requirement within the Code for all Tree
Preservation Plans to include tree preservation treatment specifications
and details. Maintain these specifications within a separate criteria
manual for use by contractors and developers. Plan for the creation of an
urban forest technical manual detailing guidelines for tree preservation
and maintenance. Recommended tree preservation treatment
specifications are provided in the Appendix.
16. Finding: The public has expressed a desire to see the City lead by
example with regards to tree preservation. Section 5.6 Applicability
currently states that the Code applies to all municipal and public domain
property. The Code should include a statement within Section 5.7
Approval and Administrative Procedures indicating that Capital
Improvement Projects will be required to submit a Tree Preservation Plan.
Recommendation: Revise Sections 5.6 and 5.7 to require City
construction projects to include a Tree Preservation Plan.
[This Space is Intentionally Left Blank]
BURDITT Consultants LLC
PLANNING + ARCHITECTURE + RESOURCES
Findings and Recommendations Page 17 of 17 Pages
Colleyville Tree Preservation October 3, 2008
Burditt Consultants, LLC
APPENDIX
Recommended Tree Preservation and Treatment Specifications
Texas Forest Service Big Tree Registry
Recommended Tree Preservation and Treatment
Specifications
1/7
RECOMMENDED TREE PRESERVATION AND
TREATMENT SPECIFICATIONS
PART 1 – GENERAL
1.1 SUMMARY
A. Work includes:
1. Removal operation.
2. Maintenance pruning.
3. Fertilization treatment.
4. Tree protection fencing installation.
5. Mulching operation.
6. Root pruning operation.
7. Root pruning/chemical barrier operation.
8. Utility boring operation.
9. Zero curb cut operation
10. Transplant operation.
11. Replacement Planting
12. Repair/replacement operation.
13. Special Demolition Procedures (New Driveway Construction/Replacement)
B. All Contractors shall meet with the Urban Forester or Owner’s Representative to review
the Tree Preservation Plan for the site before startup of site work.
C. No site construction shall begin in any areas where tree preservation and treatment
measures have not been implemented and approved.
D. Tree preservation and treatment measures shall be reviewed and approved by the Urban
Forester or Owner’s Representative prior to and immediately following installation.
E. Contractor shall be responsible for compliance to and maintenance of the Tree
Preservation Plan.
F. The areas protected by the tree protection fencing are the tree preservation areas. No
access to these areas shall be permitted during the construction period without first
consulting with the Urban Forester or Owner’s Representative.
G. Any roots of preservation trees exposed by construction activity shall be covered with a
layer of light topsoil or 10 mil. polyethylene sheeting to prevent desiccation and loss of
exposed roots.
H. Any work, excavation, or grading required by construction within the tree preservation
areas shall be limited to 2’ cut or fill with no roots over ½” being cut. This work shall be
by hand or with approved equipment and root protection.
2/7
I. When possible all shallow excavation (less than 2’ deep) within the Critical Root Zone (as
defined by the tree canopy area) shall be conducted using AIR-SPADE® air excavation
tool or equivalent.
J. Trees damaged or lost due to Contractor’s negligence during the construction period shall
be appraised by the Urban Forester or Owner’s Representative and the Owner
compensated.
PART 2 – PRODUCTS
2.1 MATERIALS
A. Fertilizer – “XL Injecto Feed” (32-7-7), a product of Dogget Corporation, Lebanon, NJ,
(800) 448-1862.
B. Mycorrhizal Fungi – MycorTree Ecto-Injectable, a product of Plant Health Care, Inc.,
(800) 421-9051.
C. Tree Protection Fencing:
1. 4’ tall plastic, 1” mesh fence.
2. Iron T-bar posts, 6’ tall.
3. Wire, 16 gauge ties.
D. Polyethylene Sheeting: minimum 10 mil. thickness, clear.
E. Mulch: First run mulch or site generated mulch.
F. Products of the same type from other sources shall not be excluded, provided
they have like physical and functional characteristics and are approved by the
Urban Forester or Owner’s Representative.
G. Every effort shall be made to utilize chemicals of an organic or biodegradable nature in
order to offer the least impact to the environment.
PART 3 – IMPLEMENTATION
3.1 TREATMENTS
A. Removal Operation: (Treatment A).
1. Trees designated to be removed by hand on the Tree Preservation Plan shall be
painted with an “X” by the Urban Forester or Owner’s Representative.
2. Designated removal trees shall be replaced on an inch for inch basis for the total
diameter inches removed.
3. Plant replacement trees as near as possible to their original location (See planting
procedure).
3/7
4. All tree removals shall be done by a certified Arborist by hand work.
5. All wood and debris from tree removal shall be removed from the site
immediately.
6. All stumps shall be ground down to 12” below grade.
7. Any damage to preservation trees occurring during the removal operation shall be
repaired.
B. Maintenance Pruning: (Treatment B).
1. Trees to be pruned are designated on the Tree Preservation Plan and will be
identified by the Urban Forester or Owner’s Representative.
2. All maintenance pruning work shall be done by a certified Arborist.
3. A listing of the preservation trees and treatments will be
provided.
4. Pruning shall consist of the following method:
(a) Pruning as defined by the American National Standard for Tree Care
Operations – Tree Shrub and Other Woody Plant Maintenance Stand-
dards. This would include:
(1) Crown raising or clearance pruning shall consist of the removal of
the lower branches of a tree to provide clearance for streets and
sidewalks while maintaining a balanced form.
(b) All pruning cuts on Oak trees shall be covered with a thin coat of water-
based black paint approved by Urban Forester or Owner’s Represent-
ative if pruning is to occur in April, May, or June.
(c) All wood and debris from pruning operations shall be removed from the
site.
C. Fertilization Treatment – (Treatment C).
1. Preservation trees shall be treated as designated on the Tree Treatment
Schedule.
2. Injection of the fertilizer into the root zone of a tree shall consist of the following
methods:
(a) Mix in a tank with agitation capability:
(1) Fertilizer – 9 pounds by weight per 100 gallons water.
(2) Mycorrhizal Fungi – 1 lb. per 100 gallons water.
(b) Inject the Mixture on a 2.5 ft. square grid at 1/2 gallon of mix per hole or
8 gallons per 100 square feet.
(c) Injection pressure shall be 100-150 PSI as soil conditions warrant.
(d) Depth of injection shall be 6 – 12 inches.
(e) Inject the root zone areas, where possible, in the available canopy areas
plus 10 feet beyond dripline, but not in root loss zone.
4/7
(f) Contractor is responsible for mixing, applying and disposal of all
chemicals in accordance with strict adherence to manufacturer’s directions
and/or State and Federal Regulations.
D. Tree Protection Fencing Installation (Treatment D – refer to Tree Preservation Details).
1. Tree protection fencing is designated in the Tree Preservation Plan.
2. Fencing as follows:
(a) Fabric, 4’ tall plastic fence.
(b) Iron T-bar posts, 6’ tall, placed 8’ – 0” on center, 24” into the
ground.
(c) Fence is to be attached to posts with wire ties placed every 24” on
center.
(d) Fence is to be placed a minimum of 1 foot from all root prune lines.
3. No access to fenced areas shall be permitted without prior approval of the Urban
Forester or Owner’s Representative.
4. Contractor shall provide for maintenance and repair of fencing during site work
construction.
5. Contractor shall remove fence after completion of the site work unless otherwise
notified by the Owner.
E. Mulching Operations (Treatment E).
1. A 4” layer of mulch shall be placed in the canopy area of trees where exposed
soil or roots are present.
2. Approved access through the canopy areas for construction equipment or
vehicles shall be covered with 6” of mulch covered by ¾” plywood.
F. Root Pruning Operation (Treatment F – refer to Tree Preservation Details).
1. Trenching areas are designated in the Tree Preservation Plan and exact
locations will be marked in the field by the Urban Forester or Owner’s
Representative.
2. All encroachments located in the canopy of trees shall have the tree side of the
excavation root pruned before excavation.
3. Trenching depth shall be 2 ft. minimum, not to exceed 6” in width.
4. Trenching shall be backfilled and compacted immediately after trenching.
5. All excavated material shall be placed outside the canopy of the tree or on
plywood cover under the canopy of the tree to protect the root zone area.
6. Topsoil should be kept aside so as not to mix with sub grade material and placed
back in the pit on the top of the backfill.
G. Root Pruning/Chemical Barrier Installation (Treatment G-refer to Tree Treatment Details).
5/7
1. Root Pruning Chemical barrier, barrier shall be installed where root pruning is
scheduled to be done at the back of the new sidewalk edge for the new sidewalk
installation, or as otherwise shown in the TREE PREESRVATION PLAN.
2. All specifications for root pruning trenching shall apply to this installation with the
following additional requirements:
(a) 10 mil Polyethylene sheeting shall be placed in the trench to the bottom of the
trench.
(b) Anchor sheeting at the top of the trench in order to backfill the trench.
(c) Cover the top of the sheeting so that no sheeting is exposed.
H. Utility Boring (Treatment H).
1. All utilities will be bored through the Critical Root Zone (CRZ) of all protected
trees.
2. Bore pits will be outside the CRZ of each protected tree.
3. Bore layout must be approved in the field by the Urban Forester or Owner’s
Representative.
4. Any necessary excavations within the CRZ of protected trees will require the
approval of the Urban Forester or Owner’s Representative.
I. Zero Curb Cut Operation (Treatment I-refer to Tree Treatment Details).
1. Removal of the old curb located within the canopy area of preservation trees will
be done in the following manner:
(a) Dig out the existing street in front of curb to the bottom of existing curb.
(b) Remove existing curb by pulling it into the street excavation without
digging or clawing behind the curb.
(c) Cover the exposed soil and roots immediately with 10 mil clear plastic to
prevent desiccation of roots.
(d) Anchor the plastic cover with wooden stakes driven into the soil (avoiding
tree roots) behind the old curb edge.
(e) Plastic shall remain in place until backfill operations are in progress.
Plastic shall be removed at the same time as backfill is being placed so
that the roots are not exposed to air.
(f) New curb installation shall be formed and poured without disturbance or
damage to the exposed roots located at the edge of the old removed curb.
(g) Where necessary, backfill between the old and new curb area shall consist
of:
(1) Backfill void up to within 6” of the top of the curb with a material
acceptable to engineering standards. This material shall be clean and
free of rocks, debris, or chemical residues that pose a threat to root
environment.
(2) The remaining 6” of fill behind the curb shall be of the specified
topsoil mix.
(h) Backfill behind the old curb area (Tree Preservation Area) shall consist of
the specified topsoil mix. This mix shall be applied in depths of no greater
than 3” to the critical root zones of the protected trees by hand.
6/7
J. Transplant Operation (Treatment J refer to Tree Treatment Details).
1. Trees designated for transplanting are designated in the Tree Preservation Plan.
2. Transplants are to be relocated to a location determined by the Urban Forester or
Owner’s Representative.
3. Contractor shall be responsible for proper relocation, planting, and maintenance
of the transplanted trees for one (1) year.
K. Replacement Planting (Refer to Tree Treatment Details).
1. Replacement tree planting locations shall be indicated by the owner’s
representative.
2. Contractor is responsible for verifying locations of underground utilities prior to
construction.
3. Trees shall be planted at least five (5’) feet from any utility line, curb or sidewalk
and outside all utility easements.
4. All plant material shall be maintained in a healthy growing condition, and must be
replaced with plant material of similar variety and size if damaged, destroyed,
diseased, or removed.
5. Measurement: Dimensions of trees and shrubs shall conform to the American
Standard for Nursery Stock, latest edition (ANSI Z-60).
6. All trees shall be staked and secured according to accepted industry practice and
details.
7. Each newly planted tree and shrub shall be pruned in accordance with the
American Association of Nurserymen Standards or as directed by owner’s
representative to preserve the natural character of the plant. All dead wood,
sucker, and broken or badly bruised branches shall be removed.
8. Guarantee: All plant material shall be guaranteed by the contractor for one full
year from the date of installation. The owner shall be responsible for maintenance
unless otherwise agreed with contractor. It shall be the contractor’s responsibility
to monitor the project during the guarantee period and inform the owner if
problems develop with the plant material. A plant shall be considered dead if 25%
or more of the crown, or main leader has died.
L. Repair/Replacement Operations
1. If any damage to preservation trees should occur beyond what is expected
during the construction period, the Urban Forester or Owner’s Representative
shall appraise the damage and order the repair by the contractor or responsible
party.
2. Trees other than those designated for removal that are destroyed or irreparably
damaged as a result of construction operations, shall be removed and replaced
with the same size species and variety up to and including 8 inches in diameter.
Trees larger than 8 inches in diameter shall be replaced with an 8-inch diameter
tree of the same species and variety and total contract amount will be reduced as
determined by a qualified appraiser using the Guide for Plant Appraisal published
by the International Society of Arboriculture (9th Edition 2000).
7/7
3. Owner shall be compensated for all costs involved in mitigation of damages and
the appraisal thereof by the Urban Forester or Owner’s Representative.
M. Special Demolition Procedures (New Driveway Construction/Replacement)
1. All site demolition work proposed in the canopy of site trees (including driveway
replacement) must be reviewed and approved by the Owner’s Representative and
the Urban Forester prior to actual work.
2. All demolition work within the canopy of site trees shall be by hand work to
minimize disturbance of the root zone area.
3. Uncovered root zone areas shall be covered with 2” of sand or 4” of mulch
to protect exposed roots from desiccation or damage.
Texas Forest Service Big Tree Registry
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5/14/2002Steve Houser
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Euless Bedford Hurst N. Richland Hills Keller Southlake Grapevine Colleyville
Mitigation
Requirements N/A replant, inch-for-
inch
replant, inch-for-inch;
or pay at $60 per
caliper inch
replant, inch-for-inch; or
pay at market rate per
caliper inch
replant, inch-for-
inch; or pay at $100
minimum per caliper
inch
replant, inch-for-inch; or
pay at market rate per
caliper inch
replant, inch-for-
inch; or pay at
market rate per
caliper inch
replant, inch-for-
inch; or pay at $250
or $500 per caliper
inch
Minimum
Preservation
Requirements
N/A no no no no yes no yes
Exempted Areas
Residential N/A determined by
uilding official
setback envelope,
ROW, easements
setback envelope, ROW,
easements, fire lanes
setback envelope,
ROW, easements
per tree conservation
plan for the property
setback envelope,
ROW, easements
setback envelope,
ROW, easements
Commercial N/A determined by
building official building footprint building footprint setback envelope,
ROW, easements
per tree conservation
plan for the property building footprint building footprint
Penalty for
Violation N/A up to $2,000 per
day
up to $2,000 per day
plus $100 per inch
up to $500 per day or
$100 per inch
up to $500 per day
plus $250 per inch
up to $2,000 per day
plus $200 per inch
up to $2,000 per
day up to $2,000 per day
Exemptions from
Preservation
Requirements
N/A city, utilities, staff
determination
homeowner/
resident, city, utilities
homeowner/ resident,
city, utilities
homeowner, city,
utilities
homeowner/
resident, city, utilities
resident, city,
utilities resident, city, utilities
Enforcement
Resources N/A building
inspector building inspector code enforcement,
building inspector
code enforcement,
building/public works
inspector
arborist/landscape
architect
code enforcement,
building inspector
third party
consultant; mix of
current development
staff
Appeal Process N/A Building
Commission P&Z, then City Council City Council Tree Board Tree Board; P&Z, then
City Council City Council P&Z
Summary of Surrounding Cities Tree Preservation Requirements
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 04/01/2014
Type Pre Council
Department City Manager
Title
Discussion of a Facility Naming Policy
Explanation
On November 16, 2004, through attached Resolution R-04-2470, the City Council
approved a policy for naming and renaming park lands and facilities, which was
recommended by the Parks and Recreation Advisory Board on November 1, 2004. At
this time, the policy for naming and renaming park lands and facilities is the only
naming policy in place for the City of Colleyville.
Staff recommends expanding the current policy to also include City facilities, park
lands and facilities, street names, and other types of recognition. Establishing a
broader, more comprehensive policy, will better ensure that consistent criteria and
procedures are followed, regardless of the type of City facility. A proposed Facility
Naming Policy, which has been expanded to include the items mentioned above, is
attached for City Council discussion and consideration. The procedures relating to park
lands and facilities, and guidelines for the manner in which facilities should be named,
are unchanged from the current policy; additional sections, however, have been
added. The guidelines for naming or renaming state that facilities should be named in
the following manner: in honor of individuals who donate land or funds for park space,
in honor of historical events, in honor of deceased national or state heroes, in honor of
deceased community leaders, in relation to predominant characteristics or physical
features of the land, in relation to subdivisions within the City, in relation to streets
adjacent to the park, or in recognition of an individual due to special circumstances or
events. Should the City Council wish to move forward with these changes, staff will
bring forward this expanded policy for adoption at a future City Council meeting.
Attachments
1.Resolution R-04-2470
2.City of Colleyville Parks and Recreation Department Policy for Naming and
Renaming Park Lands and Facilities
3.Proposed Facility Naming Policy
Proposed
CITY OF COLLEYVILLE
FACILITY NAMING POLICY
I.PROCEDURE FOR NAMING AND RENAMING
A.FACILITIES
1.All requests for naming and renaming City facilities shall be made in
writing to the Colleyville City Council, with a stated justification for the
particular recommendation.
2.Following a review of recommendations, suggestions, and public
comments, the City Council shall determine the name for City facilities.
B.PARK LANDS AND FACILITIES
Note: Facilities that are a part of, or lie within the boundaries of a park, will
normally bear the name of that park, unless otherwise determined by the
Parks and Recreation Advisory Board and/or City Council.
1.All requests for naming and renaming park land and facilities shall be
made in writing to the Colleyville Parks and Recreation Advisory Board.
2.The chair of the Colleyville Parks and Recreation Advisory Board shall
name a committee that will be responsible for recommending a name
for all park lands and facilities to the Advisory Board.
3.The committee shall be responsible for research, study, and
recommendation of a proposed name to the Advisory Board. Rationale
for the selection of the recommended name shall be given in writing.
4.The Parks and Recreation Advisory Board shall approve or disapprove
of the name recommended by the committee.
5.If the committee’s recommendation is disapproved by the Advisory
Board, then the matter may be referred back to the committee for
further action.
6.Upon approval, the recommended name will be forwarded to the City
Council for their final consideration and action.
C.STREET NAMES
1.Proposed street names shall be submitted by the developer to the
Community Development Director for approval.
2.Proposed changes to existing street names shall be submitted to the
Community Development Director, but must be approved by the City
Council.
D.OTHER RECOGNITION
1.The City of Colleyville Facility Naming Policy does not preclude
additional opportunities for recognition. For example, the City Council
may honor an individual or event with a memorial or permanent
marker at a City facility or park. Donations made by individuals or
businesses may also be recognized on a donor wall or other
appropriate manner.
II.GUIDELINES FOR NAMING OR RENAMING
A.Facilities shall be named within sixty days after acquisition, construction
completion, or at the earliest possible time.
B.Once adopted, name changes should occur on an exceptional basis only and
must follow the same criteria for naming new facilities.
C.Facilities shall be named in the following manner:
1.In honor of individuals who donate land or funds for park space;
2.In honor of historical events;
3.In honor of deceased national or state heroes;
4.In honor of deceased community leaders;
5.In relation to predominant characteristics or physical features (lake,
trees, stream, river) of the land;
6.In relation to subdivisions within the City;
7.In relation to streets adjacent to the park;
8.In recognition of an individual due to special circumstances or events.
D.Streets shall be named in the following manner:
1.Based on the recommendation of the developer and approval by the
Community Development Director.
2.In general, every effort should be made to avoid using the same name
on more than one street, even if the name would vary by designation
as a Street, Lane, Circle, Drive, etc.
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 04/01/2014
Type Pre Council
Department City Secretary
Title
Discussion of the April 1, 2014, 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 04/01/2014
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 - Legal - Consultation with attorney regarding pending litigation -
Moxie Pest Services - Dallas, LLC v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of
real property for City facilities
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information that the City has received from business prospects
that the City seeks to have locate, stay, or expand in the City and with which the City
is conducting economic development negotiations; deliberate the offer of a financial or
other incentive to a business prospect
Attachments
RESOLUTION R-14-3735
A RESOLUTION APPROVING CITY COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF APRIL 1, 2014
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 1ST DAY OF APRIL 2014.
ATTEST:CITY OF COLLEYVILLE
Amy Shelley, TRMC 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 04/01/2014
Type Announcements, Proclamations and Presentations
Department City Council
Title
Proclamation in recognition of Keep America Beautiful and Keep Colleyville Beautiful
Great American Cleanup and Arbor Day in Colleyville, April 5, 2014 - Brenda Ritz,
Chairman, Keep Colleyville Beautiful Committee
Recognition of 2014 Warrant Round-Up Participants
Presentation of the Administrative Excellence in Government or Public Service Award
for Core 24 Admin Awards to Joyceinne Williams - Mayor David Kelly
Attachments
1.Proclamation in recognition of Keep America Beautiful and Keep Colleyville
Beautiful Great American Cleanup and Arbor Day in Colleyville
RESOLUTION R-14-3736
A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER
CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF
APRIL 1, 2014
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 regular City Council meeting
of March 18, 2014
b.Approval of a City/Developer Agreement for the Country
Way and Park Place Additions, located in the 700 block of
L.D. Lockett Road, and authorizing the city manager to
execute the agreement
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ____ AYES, ____ NAYS, AND ____ ABSTENTIONS
ON THIS THE 1ST DAY OF APRIL 2014.
ATTEST:CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Minutes - Draft
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, March 18, 2014 City Council Chambers
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart.
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian
Riley, Economic Development Director Marty Wieder, Parks and Recreation and
Library Director Mary Rodne, Human Resources Director Michelle Reyes, Public
Works Director Bob Lowry, City Engineer Jeremy Hutt, Management Analyst James
Hubbard, Finance Manager Karen Hines, Planning and Development Coordinator
Mary Elliott, Community Development Director Ron Ruthven, Communications and
Marketing Director Mona Gandy, Recreation and City Events Manager Lisa
Escobedo, Parks Superintendent Tim Hightshoe, Strategic Services Manager
Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney
Matthew Boyle, and City Secretary Amy Shelley.
PC-1 Presentation of the 2014 Citizen Survey results
Strategic Services Manager Adrienne Lothery presented this item and briefed City
Council. Andrea Thomas with National Service Research was also present to
answer City Council questions regarding the survey results.
Mayor Kelly stated the demographics of the persons who responded may have an
influence on the results of some of the questions, such as Q1b specifically to the
mobile apps. Ms. Thomas concurred.
Councilmember Mogged questioned staff regarding if this question would compare
to the 2012 survey. Manager Lothery explained this is a new question for the 2014
survey.
Mayor Kelly stated the respondents filled out paper surveys, but the survey results
indicate they prefer online. Councilmember Short concurred.
Councilmember Hart questioned staff regarding question Q1c. Ms. Thomas replied
that the respondents prefer for the survey to be “send it to me directly, I don’t
want to have to go to a link.” She added they prefer to take the survey online.
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on March 18, 2014, at 5:30 p.m.
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 2
Councilmember Mogged questioned staff regarding if question Q4 has the streets
listed in the frequency of comment order. Ms. Thomas replied not exactly. She
further added she does have a chart with the percentages listed. Councilmember
Mogged stated he would like to see the chart.
Mayor Pro Tem Taylor questioned staff regarding if the streets are ranked in the
order in which they scored. Ms. Thomas replied not exactly.
Mayor Kelly questioned Ms. Thomas regarding if everyone responded to this
question. Ms. Thomas replied no. She stated there were 408 total mentions of
traffic control, and Glade Road was number one at nine percent. She stated there
were several mentions of SH26, but they would also mention SH26/John McCain,
SH26/Hardage, and SH26/Tinker. She further explained the streets and
percentages.
Mayor Kelly stated the total number of respondents for each street would be
beneficial to compare the relationship. Ms. Thomas stated it can be provided.
Mayor Pro Tem Taylor questioned Ms. Thomas regarding if there was a higher than
nine percent response for question Q4. Ms. Thomas replied not on the traffic
issues.
Mayor Pro Tem Taylor questioned Ms. Thomas regarding the “more trail
connections to other trails,” percentage? Ms. Thomas replied 18.5 percent.
Mayor Pro Tem Taylor stated he automatically thought the listings were ranked
from highest to lowest.
Mayor Pro Tem Taylor stated the 98 percent seems extremely high for the overall
quality of life in Colleyville in question Q7a. He further referenced the technical
notes. Ms. Thomas replied City Council can be 95 percent confident that the
results are accurate, within a plus or minus of three percent.
Mayor Pro Tem Taylor questioned staff regarding a previous discussion at the City
Council Candidate Orientation. City Manager Jennifer Fadden explained this is not
a random sample survey.
Councilmember Hall stated the margin of error is three percent. Ms. Thomas
stated the response rate was also very high and that the “No Opinion” responses
were included.
City Manager Jennifer Fadden questioned Ms. Thomas regarding what the
difference may be if it were a random sample. Ms. Thomas replied it would be the
same, however it depends on the number of responses.
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City of Colleyville Page 3
Mayor Pro Tem Taylor questioned Ms. Thomas regarding if the higher number of
responses received by this survey are comparable to a smaller random sample.
Ms. Thomas replied yes. She further explained using an exhibit for the
respondents. Mayor Pro Tem Taylor stated everyone needs to see this exhibit.
Ms. Thomas stated she would provide this information to everyone.
Councilmember Wollin questioned Ms. Thomas regarding what were the other
metroplex cities, as referred to in question Q7c. Ms. Thomas replied cities such as
Grapevine and Fort Worth.
Mayor Pro Tem Taylor questioned staff regarding if the respondents are satisfied
with athletic fields, or is there a change in the demographics of the City that there
is no longer a need for them? Manager Lothery stated it is a little bit of both.
Mayor Kelly concurred, and stated the higher age and the demographics of the
respondents speak to that, they are not using those athletic fields.
Mayor Pro Tem Taylor stated the answers, to some of the other questions, add to
that too, in that the respondents want more passive improvements to the park
facilities.
Councilmember Short added some of the demographics could be drilled down a
little to know better the age of the respondents.
Councilmember Mogged stated especially as it relates to playing versus practice
fields. Ms. Thomas stated there were open ended questions from respondents
asking, “Why can’t we use parks for practice?”
Mayor Pro Tem Taylor concurred, every year that is a concern for most, especially
the select teams. He stated accommodations cannot be made for everyone.
Ms. Thomas stated she could provide the specific comments about each park.
Councilmember Wollin questioned staff regarding if there were any comments
about the splash pad. Ms. Thomas replied some were a little upset about the
watering restrictions with the splash pad.
Mayor Kelly questioned staff regarding if question Q11a is a new question.
Manager Lothery replied yes.
Councilmember Wollin stated people do not receive medical attention monthly, as
seen in question Q11a. Manager Lothery explained that there may be some other
comparison data.
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City of Colleyville Page 4
Mayor Pro Tem Taylor questioned staff regarding what types of big box retailers.
Ms. Thomas replied those such as Lowes and Home Depot.
Mayor Kelly questioned staff regarding if question Q12 should be “what types of
retail are needed,” or “what types are more or additionally needed?” Manager
Lothery replied it can be interpreted as being more; however, they may be
responding since Whole Foods is not yet there.
Councilmember Mogged stated the confusion is there, either “we need what we
have, or we need to get more.”
Mayor Kelly stated the respondents stated there is a high need for additional trails
and sidewalks; however, when asked to prioritize the needs, additional trails and
sidewalks were lower on the list.
Mayor Pro Tem Taylor questioned staff regarding what was the purpose in the
separation of trails and sidewalks, as listed as numbers five and six on question
Q14b? Manager Lothery stated in order to show the importance of trail connection
versus the standard sidewalks. Mayor Pro Tem Taylor stated they are both
needed.
Councilmember Mogged questioned Ms. Thomas regarding if those two items
would move up in the list if they had been listed as one item versus two. Ms.
Thomas stated she would have to review it to get the exact counts. She stated
she did not feel there would be a significant difference.
Mayor Pro Tem Taylor questioned Ms. Thomas regarding “slow down traffic in
neighborhoods for question Q14b, were any particular streets or neighborhoods
listed? Ms. Thomas replied no.
Mayor Pro Tem Taylor questioned Ms. Thomas regarding the number of
respondents for that question. Ms. Thomas replied 1,325.
Councilmember Wollin questioned Ms. Thomas regarding if number one was
weighted more heavily than the second in question Q14b. Ms. Thomas replied no,
they were equal.
Councilmember Short questioned staff regarding the demographics of the
respondents from previous years. Manager Lothery used an exhibit to show the
2010 census data versus the 2014 survey respondents. Ms. Thomas stated the
census data includes the entire population, including children under the age of 18.
She stated if the head of household age was reflected, the comparisons on the
chart would be very similar. Manager Lothery explained 7.5 percent of the citizens
of Colleyville are between the ages of 20-34.
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City of Colleyville Page 5
Councilmember Short stated it appears that there is about a 10 year shift between
folks on the ground versus the respondents. Manager Lothery stated the age
groups, for example 35-44, and the differences in the respondents are not that
different.
Councilmember Mogged stated the older population responded. Ms. Thomas
stated 13 percent responded of having college age students living at home.
PC-2 Discussion of second story window requirements for new residential
construction
Community Development Director Ron Ruthven presented this item and briefed
City Council.
Mayor Pro Tem Taylor stated there have been a number of projects where the
requirement is that there shall be no windows on the second floor or sides. He
stated long term it affects the resale of the property; it no longer has the same
opportunities as other properties. He stated he would rather the standards be set
higher. He stated there are public safety issues involved.
Mayor Kelly stated currently, windows can be placed in the bedroom area, at least
one. He stated if it is a PUD situation, they have to ask for a waiver to this
requirement.
Mayor Kelly questioned staff regarding what happens if there is a bedroom where
they have been exempted windows. Director Ruthven stated the building code
overrides any PUD requirement; therefore they could not put in a bedroom, it
would then be classified as storage, but not a bedroom. He stated this issue has
been covered with the building inspectors.
Councilmember Short stated the applicant could opt to not put in a bedroom on
the second floor. Director Ruthven concurred.
Mayor Pro Tem Taylor stated City Council faces these issues only when a
developer comes in and the adjacent property owners do not want the second
floor windows. Director Ruthven concurred.
Mayor Kelly explained that the developer is only requesting the “no windows”
when the neighbors are requesting the developer to not put in any windows.
Councilmember Mogged questioned staff regarding if we restrict one side, they still
have the option to place the windows on the other sides, unless the other sides
are limited.
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City of Colleyville Page 6
Mayor Pro Tem Taylor stated there have been instances where the structures are
close together. He stated the problem becomes when someone wants to remodel
their structure.
Mayor Kelly questioned staff regarding if any provisions are such that they cannot
be waived. Director Ruthven stated there is nothing in the code, other than the
building code, that would prevent a waiver to be requested.
Mayor Kelly stated there are no windows on the back side of his home; however,
there are windows in the bedrooms. He stated every side of the house should not
be so that each side has a window.
Mayor Pro Tem Taylor stated being uncomfortable with there being no windows in
the bedrooms.
Councilmember Short stated there needs to be something in place to protect the
privacy of the folks who already exist. Mayor Pro Tem Taylor concurred.
Councilmember Short stated the differentiation may be that the prospect of having
one single family home, rather than three single family homes, adjacent to the
property, is impacted by those multiple homes versus just the one.
Councilmember Hall stated he has seen windows blacked-out for media rooms.
Mayor Pro Tem Taylor stated there are times when kids are sleeping over with
friends and they sleep in the media room.
Mayor Kelly stated it is incumbent upon City Council to make those proper
decisions.
Councilmember Hart stated this only effects a few platted developments.
Mayor Pro Tem Taylor stated this goes back to property rights.
Councilmember Short stated if the homes are comparable in size and set-back an
equal distance, we have an obligation to protect the existing neighbors.
Councilmember Mogged stated elevation plays into this as well, especially if one
home sits higher than another.
Mayor Pro Tem Taylor stated they should use obscure glass, and natural sunlight is
needed for efficient homes. He stated the perspective has to be considered.
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 7
PC-3 Update and discussion on the SH26/Colleyville Boulevard Reconstruction
Project, and the Tinker Road/Oak Pointe Drive and SH26 Intersection
City Engineer Jeremy Hutt presented this item and briefed City Council.
Councilmember Hall questioned staff regarding the March 2015 date. Engineer
Hutt replied it is for Phase I.
Councilmember Mogged questioned staff regarding if the $270,000 would be for
the temporary road. Engineer Hutt replied yes, a temporary road and signal with
no use.
Councilmember Mogged questioned staff regarding how much would be wasted,
not applicable down the road, due to the final configuration. Engineer Hutt replied
approximately $440,000 would be the transitional pavement, and an additional
$300,000 for drainage between Hall-Johnson Road and Tinker Road.
Councilmember Hall questioned staff regarding the timing for option five for a
complete road re-build. Engineer Hutt replied the next phase of construction,
which is Brown Trail to Hall-Johnson Road, is to be let in December. He added this
option would not necessarily be constructed at the same time, depending on the
contractor.
Councilmember Hall questioned staff regarding how long to complete the middle
section, if done by itself? Engineer Hutt replied the plans are almost ready, and
once the funding was identified, within 12 months.
Mayor Kelly stated the decision which needs to be made is, what to do with the
balance of SH26. Councilmember Hall stated the Tinker Road intersection needs
to be addressed.
Mayor Kelly stated there are options, such as going through the business complex
adjacent to this development.
Mayor Pro Tem Taylor questioned staff regarding if there is any news on the
TxDOT pass through, which may take care of this problem. City Manager Jennifer
Fadden replied that there is no additional news, at this time.
Mayor Pro Tem Taylor stated being sure the residents want this to be done
correctly.
Councilmember Short stated it appears options one and two can be done within 12
months; however, everything else is outside of that timeframe.
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City of Colleyville Page 8
Mayor Kelly stated those residents knew this was going to be considered with
future adjustments to this intersection.
Mayor Pro Tem Taylor questioned City Council regarding if these residents have
spoken to the residents of Broughton to use as access. Councilmember Mogged
stated the Broughton Homeowners Association did not go for that option.
Mayor Kelly stated there are other remedies; he added he would not want to use
capital funds for this particular project.
Councilmember Hart questioned staff regarding if an additional 30 days is needed.
City Manager Jennifer Fadden explained that Councilmember Mogged has
requested this item be on the agenda, monthly, in which to discuss it. She stated
there may be times when staff does not have a lot of information in addition to the
reports being sent. She stated as soon as she has an update from TxDOT, she will
provide that to City Council. She stated TxDOT does, however, need an answer by
July 1 on whether or not the City wants to proceed with constructing this phase.
Councilmember Hall questioned staff regarding if it would cost a lot to improve
Wyatt Drive. Engineer Hutt replied it would cost approximately $50,000 to
rehabilitate the existing pavement.
Mayor Pro Tem Taylor questioned staff regarding the vehicular traffic from Oak
Pointe Drive. Engineer Hutt replied he did not have that number. Councilmember
Mogged stated there are about 300 trips per day.
Councilmember Mogged questioned staff regarding if there are any options for a
grant for safety situations. Engineer Hutt replied there are, however, they take a
lot of time and effort to acquire. He stated the focus is currently on the entire
SH26 corridor, as a whole. City Manager Jennifer Fadden stated there is a current
call for project from TxDOT. She stated currently the City has engaged an
engineer to help us with that application for this particular intersection. She
stated since she does not know what the odds are for receiving this, she does not
want City Council to expect to rely on the grant.
Mayor Kelly stated there have been options since day one, therefore solutions are
in the future.
Mayor Pro Tem Taylor stated there is other information needed.
PC-4 Discussion of a date to conduct a worksession for the Glade Road Project
and Development Review Process
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City of Colleyville Page 9
City Manager Jennifer Fadden presented this item and briefed City Council.
Councilmembers expressed that April 16 would be good for a worksession at 6:00.
PC-5 Presentation of the Monthly Financial Report - February 2014
There was no discussion of this item.
PC-6 Discussion of the March 18, 2014, City Council regular agenda items
Mayor Kelly adjourned the Pre Council meeting at 7:01 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Kelly at 7:43 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart.
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian
Riley, Economic Development Director Marty Wieder, Parks and Recreation and
Library Director Mary Rodne, Human Resources Director Michelle Reyes, Public
Works Director Bob Lowry, City Engineer Jeremy Hutt, Planning and Development
Coordinator Mary Elliott, Community Development Director Ron Ruthven,
Communications and Marketing Director Mona Gandy, Parks Superintendent Tim
Hightshoe, Strategic Services Manager Adrienne Lothery, Information Systems
Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy
Shelley.
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 - Consultation with attorney regarding pending
litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information that the City has received from business
prospects that the City seeks to have locate, stay, or expand in the City and
with which the City is conducting economic development negotiations;
deliberate the offer of a financial or other incentive to a business prospect
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 10
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 7:01 p.m. and reconvened at 7:02 p.m.
INVOCATION: Pastor Brandon Beard, Compass Christian Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2.EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S)
NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE
SESSION - Resolution R-14-3726
Mayor Kelly read Resolution R-14-3726 in its entirety.
Mayor Kelly opened the public hearing at 7:44 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 7:44 p.m.
Councilmember Hart moved to approve Resolution R-14-3726. Mayor
Kelly seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
3.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Councilmember Hall stated the Citizens on Patrol convention held last Saturday,
March 15, was a great success.
Mayor Kelly announced the Colleyville Fire Department is accepting applications for
the Citizens Fire Academy. This is a six-week program with classes every
Thursday evening. Classes are conducted from 6:30 to 9:30 p.m. and at least half
of each class is a hands-on, interactive experience in firefighting. This year’s
Academy runs from March 27 through May 1. The free program is available to
Colleyville residents and those who work in Colleyville, and is open to both men
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 11
and women. The class is offered free of charge as a service to those who live
and/or work in Colleyville. The Colleyville Fire Department’s Citizens Fire Academy
is offered only once each year. Class size is limited to 12. Participants must be 18
or older. Applications are available at the Central Fire Station or online.
Applications must be received by March 21. He further explained the class
schedule for each week.
City Manager Jennifer Fadden announced Standard & Poor’s Ratings Services has
upgraded the City’s waterworks and sewer system bonds from AA-plus to AAA.
The upgrade reflects the system’s “very strong” coverage and liquidity levels,
coupled with a rapid debt amortization schedule. Standard & Poor’s also cited the
low debt burden and bond provisions—all emblematic of sound, financial
management—as further reasoning for the upgrade. This is the City’s third AAA
rating; the others are for general obligation (ad valorem tax) bonds and drainage
utility bonds—giving the City an AAA trifecta. According to Jim Sabonis of First
Southwest, the City’s Financial Advisor, Colleyville may be the only city in the
State of Texas to carry AAA ratings on three types of bonds.
She expressed her congratulations to the Mayor and City Council for setting and
guiding the community’s high financial expectations, and of course to Terry Leake,
who has been our consistent, tenacious steward of the City’s finances for now
more than 23 years.
Presentation from the Viva La Run race series with Costa Vida and Brooks
Shoes, sponsored by Luke's Locker, 5505 Colleyville Boulevard, Suite 102 -
Mark Murphy and Paul Hudson - Mayor David Kelly and Economic
Development Director Marty Wieder
Mark Murphy, Luke’s Lockers presented the City of Colleyville with an $812.00
check from proceeds of the participation in the Viva La Run race series with Costa
Vida and Brooks Shoes, sponsored by Luke's Locker, for the sidewalks and trails
fund. Mayor David Kelly and Economic Development Director Marty Wieder
expressed their appreciation to Mr. Murphy.
In recognition of Colleyville's featured business - HOOKS U Salsa, P.O. Box
124, Colleyville, Zoubida Hooks, Owner/Creator - Mayor David Kelly and
Economic Development Director Marty Wieder
Mayor David Kelly and Economic Development Director Marty Wieder recognized
Zoubida Hooks, Owner/Creator of HOOKS U Salsa, as the featured business. Ms.
Hooks expressed her appreciation to Mayor David Kelly and Economic
Development Director Marty Wieder.
Recognition of employees' years of service
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 12
Mayor Kelly recognized the following employees for years of service.
Police Officer Andrew Bray, Youth Services Assistant Dayle Callender-Aggor, Police
Officer Micah Hayman, Strategic Services Manager Adrienne Lothery, City Manager
Jennifer Fadden, Police Officer John Retzos, Pump Maintenance Operator Scott
Ham, Administrative Secretary Kathy Moore, and School Resources Officer Gary
Moore, for their years of service.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3727
4a Approval of the minutes of the regular City Council meeting of
February 18, 2014
4b Approval of the minutes of the City Council Worksession of March 3,
2014
4c Approval of a Toshiba Business Solutions Lease and Maintenance
Agreement for multi-function photocopiers, for a period of 63 months,
and authorizing the city manager to execute the agreement
4d Approval of a construction contract with JLB Contracting, LLC, for the
Fiscal Year 2014 Street Reclamation and Miscellaneous HMAC Project,
in an amount not to exceed $1,967,150, with an option to renew four
additional years, and authorize the city manager to execute the
contract
Mayor Kelly read Resolution R-14-3727 in its entirety.
Mayor Kelly opened the public hearing at 8:04 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:04 p.m.
Mayor Pro Tem Taylor questioned staff regarding if an inventory has been done for
the entire City. Strategic Services Manager Adrienne Lothery replied yes, and she
further explained the inventory process.
Mayor Pro Tem Taylor questioned staff regarding if the inventory included areas in
which there is heavy traffic for one copier versus another. Manager Lothery
replied yes, and an additional multi-function copier has been added for that
reason.
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City of Colleyville Page 13
Mayor Kelly questioned staff regarding if an inventory had been done in the past.
City Manager Jennifer Fadden briefly explained the past inventory and Manager
Lothery added with an end result in the reduction of 27 desktop printers.
Mayor Pro Tem Taylor questioned staff regarding if this contract will allow for cubic
allotments of materials. Engineer Hutt replied yes, to use throughout the City as
needed.
Councilmember Mogged questioned staff regarding last year’s contract versus this
year’s contract, are there any issues related to the quality or timeliness, or is this
strictly a price change? Engineer Hutt replied there were scheduling conflicts with
the Interlocal Agreement from last year, especially since Colleyville was not the
primary holder of the contract.
Councilmember Mogged questioned staff regarding if there will be an improvement
with the timeliness and the economics of it as well. Engineer Hutt concurred.
Councilmember Mogged questioned staff regarding if 100 percent of the allocation
was spent last year. Engineer Hutt replied about the same dollar amount on
asphalt construction, however, there was carry-over from 2012, therefore this is
about twice what has been done on an annual basis to account for those needs
appearing on major arterials that cannot be performed in-house.
Councilmember Wollin moved to approve Resolution R-14-3727.
Councilmember Hall seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
5. CONTINUED: READING AND PUBLIC HEARING
5aOrdinance O-14-1908
Approval of amendments to Chapter 3 - Land Use, Section 3.27-
Carport Regulations in the Land Development Code, Case GC13-026
Mayor Kelly read the caption of Ordinance O-14-1908 in its entirety.
Planning and Development Coordinator Mary Elliott presented the item and briefed
the City Council.
Mayor Kelly opened the public hearing at 8:13 p.m.
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City of Colleyville Page 14
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:13 p.m.
Mayor Kelly stated the maximum of 600 square feet, with four parking spaces was
the previously allowed; however, the revision will allow for six parking spaces but
any number above six would require approval by the Planning and Zoning
Commission.
Councilmember Hall questioned staff regarding if the existing carports would be
legal non-conforming. Coordinator Elliott replied correct, and with reconstruction,
they would have to comply with the code requirements.
Mayor Kelly questioned staff regarding what would happen if the material
coverings are damaged by the weather. Director Ruthven stated those are
considered tents, therefore they would not be allowed to be reconstructed as they
currently exist.
Mayor Pro Tem Taylor questioned staff regarding if those can be reconstructed.
Director Ruthven replied no.
Councilmember Hart moved to approve Ordinance O-14-1908.
Councilmember Mogged seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
6.ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6aOrdinance O-14-1911
Approval of an amendment to the Code of Ordinances, Part II,
Appendix A, Water and Sewer Policy and Procedures Manual, relating
to the rates for use of fire hydrant meters
Mayor Kelly read the caption of Ordinance O-14-1911 in its entirety.
Public Works Director Bob Lowry presented the item and briefed the City Council.
Mayor Kelly opened the public hearing at 8:19 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:19 p.m.
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 15
Mayor Kelly questioned staff regarding if the ordinance will allow for the future
rate increases for the Trinity River Authority (TRA). Director Lowry replied yes, it
will automatically adjust with the annual rate increases. City Attorney Matthew
Boyle concurred.
This is the first reading of this item; therefore, City Council did not take any action
on this item during this meeting.
7. RESOLUTION(S): READING AND PUBLIC HEARING
7aResolution R-14-3728
Consideration of appointments to the Colleyville Center Advisory
Committee
Mayor Kelly read Resolution R-14-3728 in its entirety.
Mayor Kelly opened the public hearing at 8:21 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:21 p.m.
Mayor Kelly moved to approve Resolution R-14-3728, appointing Judith
Goodwin and Tevon Taylor to at-large positions, to a term expiring
December 2015. Mayor Pro Tem Taylor seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
7bResolution R-14-3729
Consideration of appointments to the Colleyville Tree Board
Mayor Kelly read Resolution R-14-3729 in its entirety.
Mayor Kelly opened the public hearing at 8:22 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:22 p.m.
Councilmember Short moved to approve Resolution R-14-3729,
appointing Ajit Purandare, representing the Parks and Recreation
Advisory Board, Brenda Ritz, Nancy Coplen, and Natalie Genco,
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 16
representing Keep Colleyville Beautiful, to serve a term to December
2015, concurrent with their terms on the Parks and Recreation Advisory
Board, and Keep Colleyville Beautiful. Councilmember Mogged seconded
the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
7cResolution R-14-3730
Consideration of appointments to the Park Land Dedication Committee
Mayor Kelly read Resolution R-14-3730 in its entirety.
Mayor Kelly opened the public hearing at 8:24 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:24 p.m.
Councilmember Wollin moved to approve Resolution R-14-3730,
appointing Leti Carson, to serve with a term expiring December 2015 and
Suzanne Hughes, to serve with a term expiring December 2014. Mayor
Pro Tem Taylor seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
7dResolution R-14-3731
A resolution authorizing participation in, and acceptance of, non-
matching grant funding for the mobile crime scene unit, and
designating the city manager as the authorized official
Mayor Kelly read Resolution R-14-3731 in its entirety.
Police Chief Mike Holder presented this item and briefed City Council.
Mayor Kelly opened the public hearing at 8:28 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:28 p.m.
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 17
Councilmember Mogged questioned staff regarding how this would have helped
given the recent incident on Lexington. Chief Holder replied this could not be
discussed given the current investigation; however, with a major crime scene,
outside agencies are relied upon, with a significant time delay. He stated moving
forward is difficult when working with other agency timeframes. He stated if this
is done in-house, the time can be cut by a third.
Mayor Pro Tem Taylor questioned staff regarding if training is included with this
grant. Chief Holder replied the officers are currently in the process of training the
detectives, and some are already highly trained officers. He added there will be
cross training to take place as well.
Mayor Pro Tem Taylor questioned staff regarding if there is a benefit to having
another agency assist with crime scene investigations. Chief Holder replied not
necessarily. He added he would rather control the scene so that the liability, in
the vast majority of cases, is controlled within the department policies.
Mayor Kelly questioned staff regarding if this training will include the Colleyville
CSI team. Chief Holder replied they will be a part of the crash team.
Mayor Pro Tem Taylor questioned staff regarding not seeing an amount. Chief
Holder stated it is capped at $84,000, and not specific to a vendor.
Councilmember Hart moved to approve Resolution R-14-3731.
Councilmember Hall seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
7eResolution R-14-3732
Approval of a preliminary plat on 97 acres of Abstract 685 of the John
H. Havens Survey, and Abstract 1734 of the S.C.H. Witten Survey,
located in the 4900 block of Heritage Avenue, Case PC13-027
Mayor Kelly read Resolution R-14-3732 in its entirety.
Community Development Director Ron Ruthven presented this item and briefed
City Council.
Mayor Kelly opened the public hearing at 8:37 p.m.
Bret Pedigo, Terra/Manna, presented this item and briefed City Council.
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 18
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:39 p.m.
Mayor Kelly questioned staff regarding if the Master Thoroughfare Plan designates
Heritage Avenue as a four lane, divided street. Director Ruthven replied correct.
Mayor Kelly questioned staff regarding if this plat will accommodate the 65 foot
right-of-way, the 10 foot trail, and any additional needs for drainage. Director
Ruthven replied yes.
Mayor Kelly moved to approve Resolution R-14-3732. Councilmember
Short seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
7fResolution R-14-3733
Consideration of a waiver request to Section 42-27(13)c(8) of the
Colleyville Code of Ordinances regarding restrictions on construction
working hours
Mayor Kelly read Resolution R-14-3733 in its entirety.
Community Development Director Ron Ruthven presented this item and briefed
City Council.
Mayor Kelly opened the public hearing at 8:43 p.m.
Scott Woodruff, Centennial Real Estate Management, presented this item and
briefed City Council.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:44 p.m.
Mayor Kelly questioned Mr. Woodruff regarding if any trucks will be working in the
back of the center with the extended work hours. Mr. Woodruff replied nothing
other than the staging of the materials, which will be picked up through the
backside of the Whole Foods area.
Mayor Kelly stated the only concern is noise from movement on Sunday.
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 19
Councilmember Hall questioned Mr. Woodruff regarding if the planned opening day
is July 8. Mr. Woodruff replied yes.
Mayor Pro Tem Taylor stated not having an issue with the extended work hours;
however, the extended work hours on the weekends, with the hard construction
noises, is really an issue. Mr. Woodruff stated most of the work is being done on
the front side of the building. He stated the backside of the building will be
painted. He stated the backside work will be completed during the normal work
hours.
Mayor Kelly stated this will help them to move along with completing the project.
Councilmember Short questioned staff regarding what has been the past
experience with the contractor following the rules. Director Ruthven replied they
were given a warning by the Police Department that is why they are requesting
this extension of the work hours.
Councilmember Hall stated there are others who are currently violating this
ordinance.
Councilmember Wollin questioned staff regarding how the sound noise will be
monitored. Director Ruthven replied it would be taken strictly on a complaint
basis, if the residents call it in and complain.
Mayor Kelly stated hopefully the contractor will follow these standards.
City Manager Jennifer Fadden recommended citizens to call 9-1-1 or the non-
emergency number for dispatch if they witness an event with construction noise.
She stated an officer will then be dispatched as the workload will allow.
Councilmember Hall moved to approve Resolution R-14-3733 with the
amendment to allow Monday through Friday only extended operating
hours until 8:00 p.m., with an expiration of this waiver on July 8, 2014.
This motion died for the lack of a second.
Mayor Pro Tem Taylor stated he would like the extended hours to apply to Sunday,
and apply to the same requirements, to the street and inside.
Mayor Pro Tem Taylor moved to approve Resolution R-14-3733 with the
additional amendment to extend the Monday through Saturday work
hours by two hours, with the same requirements as the Sunday
consideration in this resolution.
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 20
Councilmember Wollin stated the times for Sunday were not mentioned specifically
in the motion. Mayor Pro Tem Taylor stated he thought it was until 6:00 p.m.
Councilmember Wollin stated it was not specific to the time.
Mayor Pro Tem Taylor questioned Mr. Woodruff regarding if Saturday and Sunday,
8:00 a.m. to 6:00 p.m., would work. Mr. Woodruff replied yes.
Mayor Pro Tem Taylor questioned Mr. Woodruff regarding if Monday through
Friday, 7:00 a.m. to 8:00 p.m. would work. Mr. Woodruff replied yes.
City Manager Jennifer Fadden clarified the request is for work hours to be Monday
through Saturday, 7:00 a.m. to 8:00 p.m.
Councilmember Hall seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
Trudie Troublefield, 405 Eventide Way, spoke regarding her charitable cause.
9. REPORTS
Parks and Recreation Advisory Board Meeting Minutes - October 21, 2013
Planning and Zoning Commission Meeting Minutes - February 10, 2014
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MARCH 18,
2014 - Reading and Public Hearing - Resolution R-14-3734
This resolution was not needed.
11. ADJOURNMENT
There being no further business before the City Council, Councilmember Mogged
moved to adjourn, and Councilmember Wollin seconded the motion.
The motion carried by the following vote:
City Council Minutes - DRAFT March 18, 2014
City of Colleyville Page 21
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
Mayor Kelly adjourned the City Council meeting at 8:57 p.m.
APPROVED BY A VOTE OF __ AYES, __ NAYS, AND __ ABSTENTIONS ON THIS THE
1ST DAY OF April 2014.
Minutes taken and prepared by:
Amy Shelley, TRMC
City Secretary
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4b Agenda Date 04/01/2014 Number Resolution R-14-3736
Type Resolution
Department Public Works
Title
Approval of a City/Developer Agreement for the Country Way and Park Place Additions,
located in the 700 block of L.D. Lockett Road, and authorizing the city manager to
execute the agreement
Explanation
Reading and Public Hearing
The City Council approved Resolution R-14-3716, on February 4, 2014, which adopted
the final plat for the Country Way Addition as well as case PC13-030, which was
approved by the Planning and Zoning Commission on January 27, 2014, adopting the
final plat for the Park Place Addition. The purpose of this item is to approve the
attached City/Developer Agreement (CDA) for construction of the offsite drainage
improvements that have been requested by the City.
During the review of the civil plans for the Country Way Addition and the Park Place
Addition, staff identified an opportunity to address a long standing issue with existing
drainage infrastructure. The proposed new residential developments will be
constructing new roads, water lines, sewer lines, and drainage systems for their
respective subdivisions. The new developments' proposed drainage systems will tie into
the existing system along L.D. Lockett Road. The existing system along L.D. Lockett
Road is substandard and currently does not handle a 100 year rainfall event.
City staff has requested that the developer design a solution to address
their developments' needs and to also complete the drainage system downstream of
the proposed developments. The developer is able to construct the proposed
developments utilizing an open bar ditch, however, due to the size and depth of the
ditch, staff recommends that this system be constructed with a closed storm sewer
system. There is a cost to the City associated with extending the closed drainage
system downstream to the existing drainage system. The CDA that is presented for the
City Council's consideration allows for the developer to construct the requested offsite
improvements and to be reimbursed by the City of Colleyville for the cost of such. The
"Offsite Drainage Improvements" include the installation of a 48" concrete pipe along
the bar ditch and connecting it to the existing 48" pipe. The pipe will be buried, which
will eliminate the existing deep bar ditch along L.D. Lockett Road. This plan will also
allow for the 100 year storm event to be contained within the pipe system. This plan
was developed through the coordination of City staff and the developer's design
engineer.
City of Colleyville Page 1
City Council Agenda Briefing 4b
Six trees have been identified that will conflict with the installation of the proposed
improvements. The trees are within in the L.D. Lockett right-of-way and will be
required to be removed in order to construct the proposed improvements. The six
trees that will be removed for the installation of the "Offsite Drainage Improvements"
are exempt in accordance with the current tree preservation ordinance, as they
are within in the L.D. Lockett right-of-way. The parkway will be reestablished with
vegetation after the completion of the storm drain.
If the City were to construct the improvements associated with the CDA at a later date,
it would cost more than the amount included in the agreement to be reimbursed.
Additional expenses that would be incurred by the City if done at a later
date include survey design, advertisement, bidding, project management, and
additional construction costs.
Financial Impact
The total reimbursement of $74,083.49 for offsite improvements made by the
owner/developer will be funded from two different sources. Upon the completion of the
construction of the “Offsite Drainage Improvements”, the City will reimburse the
owner/developer $29,614.49, which will be funded with available drainage bond funds.
The remaining reimbursement (not to exceed $44,469) will have no fiscal impact to the
City, as this will be a credit of the roadway impact fees that will be paid by the builder
at the time of building permitting.
Recommendation
Approve
Attachments
1. Resolution R-14-3716
2. Proposed City/Developer Agreement
City of Colleyville Page 2
RESOLUTION R-14-3716
A RESOLUTION APPROVING A FINAL PLAT FOR
COUNTRY WAY ADDITION
WHEREAS, the Planning and ZoningCommissionrecommended approvalof
thefinalplat for Country Way Addition on January 13, 2014.
NOW, THEREFORE,FORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the final plat for Country Way Addition, attached as Exhibit
A", is herebyapproved subjectto the followingconditions:
a. A waiver to the minimumlot width requirement is hereby
approved for Lots 1, 2 and 3, Block A, provided the minimum
lotwidth is not less than 95 feet.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF 7 AYES, D NAYS, AND p ABSTENTIONS ON THIS
THE 4TH DAY OF FEBRUARY 2014.
ATTEST: CITY OF COLLEYVILLE
1 lb
Amy 11- elley, TRMC David Kelly
City Secretary Mayor
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City of Colleyville
City/Developer Agreement
Country Way Development
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That CARROLL PARKER, LLC, a Texas limited liability company organized under the laws of The State of
Texas (and any assigns thereto), hereafter called “Owner/Developer”, and the CITY OF COLLEYVILLE, Tarrant
County, Texas, hereafter called “City”, enter into the following agreement (“The Agreement”).
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in
consideration of the mutual covenants herein contained, and for the purpose of developing the Country Way and
Park Place Additions (collectively the “Subdivision”), Owner/Developer and the City agree as follows:
1.The Owner/Developer will construct, pursuant to the Final Plans, and all applicable local, state, and
federal ordinances, codes, and regulations, public improvements for the development of the Subdivision.
The Final Plans generally include an underground storm drain system (the “Offsite Drainage
Improvements”) designed to capture storm water from the outflow structure at Covington Estates, and
sheet flows from Covington Estates and Parker Oaks Estates, and carry said storm water and sheet flows
underground in the Improvements within the boundaries of easements granted by the Owner/Developer
and approved by the City, along Owner/Developer’s property to LD Lockett Road where the
Improvements will then go east along LD Lockett Road (all underground) in the LD Lockett right-of-way
and tie into the existing underground storm sewer system located at the southwest corner of the
intersection of Hunter Trail and LD Lockett Road. Nothing expressed or agreed to in this City/Developer
Agreement shall modify the Final Plans.
2.The Owner/Developer submitted plans and specifications (collectively the “Original Plans”) for the
Improvements to the City for its review and approval prior to commencing construction on the
Improvements. The City reviewed the Plans and suggested certain changes beyond what was technically
necessary to serve the Property, in an effort to improve the overall drainage in this area of the City.
3.The Owner/Developer and the City have now agreed upon the design and the plans and specifications
have been completed by Evolving Texas, Ltd. dated February 24, 2014 (collectively the “Final Plans”).
The City accepts and approves of the Final Plans and has determined the Final Plans to be in compliance
with all City ordinances, codes, and regulations. Therefore, the City has issued a letter approving the
Final Plans dated March 17, 2014 signed by the City Engineer indicating the City’s acceptance of the
Final Plans and authorizing Owner/Developer to commence construction of the improvements
contemplated by the Final Plans.
4.The Owner/Developer shall contract for the Improvements using reputable contractors. The contract
documents will require a two-year maintenance bond in the amount of 10% of the construction cost.
5.In consideration of Owner/Developer’s construction of the “Offsite Drainage Improvements” pursuant to
the Final Plans and due to the extraordinary cost of the “Offsite Drainage Improvements”, some of which
would not otherwise be necessary and have specifically been requested by the City, the City and
Owner/Developer agree as follows:
a.The City agrees to collect standard City water, sanitary sewer and roadway impact fees
(collectively the “Impact Fees”) from any homebuilder (the “Builder”) building in the
Subdivision as they request building permits. The fees collected will be consistent with
EXHIBIT “A”
b.Upon completion of the construction of the “Offsite Drainage Improvements,” the
Owner/Developer will provide the City with As-Built drawings.
c.The items set forth on EXHIBIT “B” attached hereto, are specific components of the “Offsite
Drainage Improvements” to be constructed pursuant to the Final Plans. City and
Owner/Developer agree that the estimated costs on Exhibit “B” are a reasonable estimation of the
costs to be incurred by Owner/Developer in the course of constructing the “Offsite Drainage
Improvements.”
d.The City agrees to reimburse the Owner/Developer for actual expenses incurred for the
construction of the “Offsite Drainage Improvements.”
e.The Owner/Developer will be reimbursed only for actual expenses incurred to complete the
“Offsite Drainage Improvements.” All reimbursements must be applied for by the
Owner/Developer and proof of payment is required prior to the issuance of any reimbursement by
the City.
f.The City agrees to provide reimbursement upon the completion of the construction of the “Offsite
Drainage Improvements” in an amount not to exceed $29,614.49.
g.The City agrees to credit roadway impact fees for all expenses incurred by the Owner/Developer
for the purposes of constructing the “Offsite Drainage Improvements” in an amount not to exceed
$44,469. The credits shall apply upon the issuance of the building permit for each home in the
development until the credit threshold of $44,469 is attained.
h.The Owner/Developer agrees that the total amount of reimbursement and/or credit will be capped
at the amount of total $74,083.49 (based on the estimated costs on Exhibit “B”)
i.The City agrees to relocate any City owned utilities that in the way of the proposed “Offsite
Drainage Improvements” at no cost to the Owner/Developer.
j.The Owner/Developer agrees the physical improvements shall become the property of the City of
Colleyville only after completion of the work, final acceptance issued by the City of Colleyville,
and submission of the aforementioned maintenance bonds, and when all of the facilities are
constructed.
6.The City acknowledges that construction of the “Offsite Drainage Improvements” falls under the City
Franchise Utility Agreement.
7.This City/Developer Agreement shall not be amended, modified or in any way changed except on the
express written agreement of both Owner/Developer and the City
8.Termination. This Agreement shall terminate upon the following:
a.By written agreement of the parties;
b.Such breach remains uncured for a period of sixty (60) days after written notice by either party in
the event the other party breaches the Agreement and thereof, or
c.Upon an Event of Bankruptcy or Insolvency.
9.Remedies. If a party defaults hereunder, then the non-defaulting party shall have the right to enforce
specific performance of the defaulting party's obligations and/or seek other available remedies at law or in
equity against such defaulting party.
10.Notice. All notices required by this Agreement shall be in writing and addressed to the following, or such
other party or address as either party designates in writing, by certified mail, postage prepaid, facsimile
with receipt as proof of transmittal, or by hand delivery.
If intended for Owner/Developer, to:
Carroll Parker, LLC
Attn: Bryan Holland
1203 S. White Chapel Blvd., Suite 250
Southlake, Texas 76092
(214) 626-8590, X109
(817) 545-1455 FAX
If intended for City, to:With copy to:
City of Colleyville Boyle & Lowry, LLP
Attn: City Manager Attention: Matthew Boyle
100 Main Street 4201 Wingren Plaza, Suite 108
Colleyville, TX 76034 Irving, TX 75062
(817) 503-1059 (Fax)(972) 650-7105 (FAX)
11.Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties to it
and their respective heirs, executors, administrators, legal representatives, successors, and assigns. If for
any reason the ownership of the Subdivision should change prior to the acceptance by the City of the
Improvements, it is agreed that this City/Developer Agreement and all covenants and obligations
hereunder shall become the obligation of the new owner of the Subdivision, who shall acknowledge and
agree in writing to be bound by this City/Developer Agreement to the same extent as Owner/Developer.
12.Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held
invalid, illegal or unconstitutional, the remainder of this City/Developer Agreement shall be enforceable
and shall be enforced as if the parties intended at all times to delete said invalid section, subsection,
paragraph, sentence, phrase or word.
13.Governing Law. The validity of this City/Developer Agreement and any of its terms and provisions, as
well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue
for any action concerning this City/Developer Agreement shall be in State District Court of Tarrant
County, Texas.
14.Entire Agreement. This City/Developer Agreement embodies the complete agreement of the parties
hereto; superseding all oral or written, previous and contemporary agreements between the parties relating
to the matters in this City/Developer Agreement cannot be modified without written agreement of the
parties.
15.Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever
reference is made to the same.
16.Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
EXECUTED this the ____ day of _______________, 2014.
CITY:CITY OF COLLEYVILLE, TEXAS
By:____________________________________
City Manager
APPROVED AS TO FORM:
By:___________________________
City Attorney
ATTEST:
By:____________________________________
City Secretary
OWNER/DEVELOPER:CARROLL PARKER, LLC, a Texas limited liability company
1203 S. White Chapel Blvd., Suite 250
Southlake, TX 75092
By:____________________________________
EXHIBIT A
Fee
Amount Per
Lot
Number of
Lots Total
Water Impact Fee $2,491 9 $22,419
Sewer Impact Fee $643 9 $5,787
Roadway Impact Fee $4,941 9 $44,469
Park Land Fees $1,802 9 $16,218
Total:$9,877 9 $88,893
EXHIBIT B
Description Unit
Approx
Quantity Unit Price Total
48" R.C.P.LF 371 $ 112.00 $41,552.00
48" x 60" WYE EA 1 $ 4,750.00 $ 4,750.00
48" x 24" 60 Degree Inlet EA 1 $ 4,250.00 $ 4,250.00
2' x 2' Grate Inlet EA 1 $ 500.00 $ 500.00
Remove Existing Headwall & Construct
Concrete Collar to Connect to Ex 48"
HDPE LS 1 $ 750.00 $ 750.00
Trench Safety LF 371 $ 0.50 $ 185.50
Tree Removal in LD Lockett LS 6 $ 350.00 $ 2,100.00
Temporary Fence Removal & Relocation LF 371 $ 3.50 $ 1,298.50
Remove & Replace Existing 4' Dia
Manhole In LD Lockett EA 1 $ 5,250.00 $ 5,250.00
Remove & Replace Asphalt Surrounding
Manhole TON 3 $ 450.00 $ 1,350.00
Traffic Control LS 1 $ 3,500.00 $ 3,500.00
Prorata Share of Perform & Maint Bond %$62,087.50 3%$ 1,862.63
Subtotal:$67,348.63
Contingency %$67,348.63 10%$ 6,734.86
Estimated Total:$74,083.49
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 04/01/2014 Number Ordinance O-14-1911
Type Ordinance
Department Public Works
Title
Approval of an amendment to the Code of Ordinances, Part II, Appendix A, Water and
Sewer Policy and Procedures Manual, relating to the rates for use of fire hydrant
meters
Explanation
Second Reading and Public Hearing
There were no speakers regarding this item at the March 18, 2014 City Council
meeting.
First Reading and Public Hearing
Ordinance O-07-1650 established procedures for the use of fire hydrant water meters
and rates for water usage when using them. Fire hydrant meters are used primarily by
contractors who use large amounts of water in roadway construction. Water is critical
for the construction of roads to ensure the moisture content of the soil is at the level
necessary to ensure proper compaction and provide the highest quality of subgrade
underneath the pavement.
The current rate for fire hydrant meter usage, as established by the ordinance, is set at
a minimum of $60.00 for the first 20,000 gallons, which equates to a rate of $3.00 per
1,000 gallons. The current rate for in-City water users is established at a minimum
rate of $12.74 per month (0-2,000 gallons), and $3.85 per month for usage between
2,001 and 20,000 gallons. This equates to a cost of $82.04 per month for the first
20,000 gallons of water for customers with permanent meters.
As the current rate for fire hydrant meters is lower than the rate for all other City
users, staff is recommending the rate be changed as follows:
"The minimum monthly bill for water usage for a fire hydrant meter shall be $50.00 for
the first 2,000 gallons of water used each month, and the tier five rate (over 50,000
gallons of usage) shall be charged for all usage in excess of 2,000 gallons."
This change would result in a cost for users of fire hydrant meters of $159.62 for the
first 20,000 gallons of water used, and based on the current rate schedule, an
additional charge of $6.09 for each additional 1,000 gallons of usage. The $50.00 base
rate charge also covers a handling charge for time incurred by staff to read the meters
City Council Agenda Briefing 5a
City of Colleyville Page 2
and clean and maintain them when they are returned.
During calendar year 2013 the number of fire hydrant meters in use, at any given
time, ranged from a low of four, to a high of 11; currently 12 meters are in use. If this
ordinance is approved, all customers, currently using fire hydrant meters, will be sent
a letter notifying them of this change, and all new users will be notified at the time of
application for a fire hydrant meter. This ordinance change, if approved, will become
effective on May 1, 2014.
The attached ordinance amends Ordinance O-07-1650 to reflect these changes.
Financial Impact
The proposed ordinance, if approved, would result in an increase of revenues in the
water utility account. Based on actual water usage for 2013 and the proposed new
rate, there would be an increase in revenues to the Utility Fund of $ 3,272.45.
Recommendation
Approve
Attachments
1.Ordinance O-07-1650
2.Ordinance O-14-1911
ORDINANCE O-14-1911
AMENDING ORDINANCE O-07-1650 RELATING TO THE WATER AND
SEWER POLICY AND PROCEDURES MANUAL OF THE CITY OF
COLLEYVILLE RELATIVE TO FIRE HYDRANT METER USE AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, in January, 2008, City Council approved Ordinance O-07-1650
amending the Water and Sewer Policy and Procedures Manual of
the City of Colleyville relative to fire hydrant meter use; and
WHEREAS, the purpose of the fire hydrant meter is to provide for the
temporary use of large volumes of water necessary for utility and
street construction; and
WHEREAS, in some cases, the temporary use of the fire hydrant meter has
been extended significantly after construction, in violation of the
letter and spirit of City policy, which prohibits the permanent or
semi-permanent use of such meters; and
WHEREAS, the City Council reaffirms its policy that fire hydrant meters shall
not be used on either a permanent or semi-permanent basis; and
WHEREAS the City Council desires to revise the minimum monthly bill for
water usage for a fire hydrant meter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT Section 3A of the Water and Sewer Policy and Procedure
Manual of the City of Colleyville, Texas, which is “Appendix A” of
the Colleyville Code, Rates for fire hydrant meters, be established
as Section 3E and be amended to read as follows:
Rates for fire hydrant meters
The use of fire hydrant meters shall only be used within the
Colleyville city limits. The use of the fire hydrant meters shall be
limited to a period of no more than ninety (90) cumulative
calendar days. Under special conditions, a customer may submit
a written request to the Public Works Department for use of a fire
hydrant meter for a period longer than ninety (90) cumulative
calendar days, subject to Public Works Director approval. In
considering special condition(s), the Public Works Director shall
Ordinance O-14-1911
Page 2 of 4
not consider requests, which may relieve a self-created or
personal hardship, failure of performance by a contractor, nor for
financial reasons. In considering the customer request, the Public
Works Director shall solicit the recommendation of the Fire Chief
and Fire Marshal in consideration of the request. Further, the
Public Works Director shall consider alternative means available to
the customer; providing a continued use of the meter if required.
If special condition(s) are approved by the Public Works Director,
in no case shall the meter be used for more than an additional
thirty (30) calendar days. The Public Works Director shall provide
a written ruling within fifteen (15) working days of receipt of the
customer’s written request.
In the event a request for special condition(s) is denied by the
Public Works Director, customer shall, within fourteen (14)
calendar days, make written appeal to the city manager of the
Public Works Director’s decision. The city manager shall render a
written decision within thirty (30) working days of receipt of the
customer’s appeal. Such decision by the city manager shall be
final and not appealable to the City Council.
For purposes of this ordinance, written communication shall be
considered communication, which is deposited with the United
States Postal Service for delivery.
The user must submit in writing, the location of where the meter
will be used and such meter shall be used exclusively at the
location on record with the City. For purposes of this ordinance,
the use of a meter shall be allowed cumulatively for only one
location within an individual subdivision and/or development.
For a period of ninety (90) cumulative calendar days after a meter
is returned and read by the City, a user shall not be permitted to
check out another meter for use at the same designated location,
as defined herein.
The minimum monthly bill for water usage for a fire hydrant
meter shall be $50.00 for the first 2,000 gallons of water used
each month and the tier five rate (over 50,000 gallons of usage)
shall be charged for all usage in excess of 2,000 gallons. If the
Ordinance O-14-1911
Page 3 of 4
cost of water used during any month is less than $50.00; the
minimum charge for that month shall be $50.00.
The customer shall be in possession of and responsible for the
meter. The customer will be responsible for bringing the meter to
the Public Works Service Center by the 20th of each month for
reading. The customer is required to use a proper fire hydrant
wrench for operation of the fire hydrant. The customer shall be
responsible for any damage and repair, as reasonably determined
by the City, to the fire hydrant or the fire hydrant meter by the
use of a temporary water meter.
The customer will be required to provide for any backflow device
necessary to meet the current City ordinance for protection of the
City’s drinking water supply.
The City of Colleyville, Tarrant County, and Texas Department of
Transportation (TxDOT) shall be exempt from the provisions of
this policy.
Sec. 2. THAT the effective date of this ordinance shall be May 1, 2014.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 18th day of March
2014.
The second reading and public hearing being conducted on the 1st day of April
2014.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on
this the ________ day of _________________________ 2014.
Ordinance O-14-1911
Page 4 of 4
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
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 04/01/2014 Number Ordinance O-14-1912
Type Ordinance
Department Community Development
Title
Request for a Special Use Permit for a temporary concrete batch plant on Tracts 1F and
1G, Abstract 1038, of the Hall Medlin Survey, and Tracts 1A02 and 1C, Abstract 295, of
the William E. Crooks Survey, located at 7612 and 7624 Pleasant Run Road, Case
ZC14-004
Explanation
First Reading and Public Hearing
Mark Leonard with Gilco Contracting submitted a request for a temporary concrete
batch plant for a 45,000 square foot area, located west of Pleasant Run Road, along
the south boundary line of the Overlook at Big Bear Creek project. The
temporary batch plant will be solely used to provide concrete for the Overlook at Big
Bear Creek.
Zoning. The property is currently zoned PUD-R-Planned Unit Development-Residential,
as approved by attached Ordinance O-13-1875. Asphalt or Concrete Batching
(temporary) is currently allowed in all zoning districts with approval of a Special Use
Permit.
Applicant's Request. The Overlook at Big Bear Creek is a proposed single family
subdivision owned by the Wilbow-Overlook Development Corporation. The 53.2 acre
site will include 73 single family residential lots and open space along Big Bear Creek.
The proposed temporary batch plant will be 300 feet west from the right-of-way for
Pleasant Run Road. The area of the proposed use will be 45,000 square feet, which will
be 150 feet by 300 feet. The applicant is requesting the temporary use for 21
consecutive calendar days, to construct the streets for the new subdivision. The batch
plant's hours of operation will be between the hours of 7:00 a.m. and 6:00 p.m.,
Monday through Saturday, which complies with the construction hours designated in
the Colleyville Code of Ordinances.
The closest habitable residences to the proposed temporary batch plant are 1,050 feet
to the west; 1,800 feet to the north; 1,200 feet to the east; and 1,400 feet to the
south.
Parking and Access. Material delivery trucks will be instructed to travel southwest on
SH26 to John McCain Road; then travel west on John McCain Road to Pleasant Run
City Council Agenda Briefing 6a
City of Colleyville Page 2
Road; and travel north on Pleasant Run Road. Truck drivers who hold a commercial
license must comply with the designated routes or risk termination of contract or
liability for damage.
Staff is proposing an amendment to the material delivery route as follows. Trucks will
be instructed to travel southwest on SH26 to Tinker Road; then travel west on Tinker
Road to Pleasant Run Road; and travel north on Pleasant Run Road.
Federal and State Requirements. The applicant has an approved air quality permit
with the Texas Commission on Environmental Quality (TCEQ). The applicant has
received administrative approval and has been logged into the Regional Database for
the DFW Region Office Air Program. An air quality approval letter from the TCEQ is not
required for this location at this time.
A Storm Water Pollution Prevention Plan (SWPPP or SWP3,110000) and Notice of
Intent have also been prepared for the TCEQ. These documents must be kept on the
work site.
Public Notification. Staff mailed notices to 21 adjacent property owners regarding
this request and all homeowners' associations within 500 feet. Notice was published in
the Fort Worth Star-Telegram as required by state law and the Land Development
Code. Three letters of opposition from the same person and two letters of support have
been received regarding this request.
Planning and Zoning Recommendation. The Planning and Zoning Commission
recommended approval of this request at the March 24, 2014 meeting by a vote of 6-
0, subject to the following conditions:
1. Staff review the proposed vehicle route to ensure least impact.
2. Staff review the "21 day" maximum time limit requirement to determine if it
includes Sundays.
The ordinance has been revised to include "21 consecutive calendar days" to clarify
that the duration includes Sunday.
Summary. The temporary concrete batch plant would only be used to provide
concrete for the new development being constructed. Several benefits exist by utilizing
a temporary batch plant on-site, including better quality control of the concrete being
produced, and eliminating concrete mixer trucks that would use public streets to
access the site.
For example, the Overlook at Big Bear Creek will require 25,000 cubic yards of
concrete to pave. If a temporary batch plant is erected on site, the only trucks entering
and exiting the property will be the ones needed to haul sand and aggregates. Without
City Council Agenda Briefing 6a
City of Colleyville Page 3
a batch plant, this will require 2,500 concrete trucks moving on City streets, just to
pave the subdivision. The approval of the temporary batch plant will reduce the
number of truck trips to about 250 trips and will also reduce deterioration of public
streets.
Therefore, staff recommends approval of the temporary concrete batch plant for the
Overlook at Big Bear Creek.
Financial Impact
There is no financial impact to the City.
Recommendation
Approval with the following conditions:
1. HOURS OF OPERATION
a. The hours of operation shall be as follows:
Monday - Saturday: 7:00 a.m. to 6:00 p.m.
b. The temporary concrete batch plant shall be in use for twenty-one (21) consecutive
calendar days from the date of issuance of the Notice of Intent.
2. PERMITTED USES
a. The temporary concrete batch plant allowed by the Special Use Permit must be
permitted by the Texas Commission on Environmental Quality.
b. The Special Use Permit shall meet all state and federal requirements for concrete
batch plants. A copy of the Storm Water Pollution Prevention Plan (SWPPP or SWP3,
110000), and the Notice of Intent (NOI) must be posted on the premise.
c. The area boundaries of the temporary concrete batch plant shall generally conform
to the attached, Exhibit "B" labeled as Zoning Exhibit.
d. The material delivery trucks will be instructed to travel southwest on SH26 to Tinker
Road; then travel west on Tinker Road to Pleasant Run Road; and travel north on
Pleasant Run Road.
e. The batch plant will be used to provide concrete for no other project(s) other than
the Overlook at Big Bear Creek.
f. The temporary concrete batch plant must be a minimum of 300 feet from any
habitable residence.
City Council Agenda Briefing 6a
City of Colleyville Page 4
g. A notice to proceed will be issued by the Director of Public Works or designee. The
letter will state that the batch plant shall only be allowed in conjunction with the
construction site for which the permit is issued. This letter will be kept on site with the
TCEQ documentation.
h. The Public Works Director or designee will determine if additional materials testing
will be required. City staff will determine the testing personnel required and any cost of
testing will be passed on to the applicant.
Attachments
1.Location and Zoning Map
2.Aerial
3.Buffer Map
4.Notification List
5.Letters of Opposition
6.Letters of Support
7.Zoning Exhibit
8.Application
9.Ordinance O-13-1875
10.Ordinance O-14-1912
7500
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SubjectProperty
Legend
City Limit Boundary
200 ft buffer
temporary batch plant area
AG Agricultural
CC-1 Village Retail
CC-2 Shopping Center
CC-3 Highway Commercial
CN Neighborhood Commercial
CP0 Professional Office
ML Light Manufacturing
PUD-C Planned Unit Development, Commercial
PUD-R Planned Unit Development, Residential
R-10 Single Family Residential (10,000 sq. ft. min)
R-15 Single Family Residential (15,000 sq. ft. min)
R-20 Single Family Residential (20,000 sq. ft. min)
R-30 Single Family Residential (30,000 sq. ft. min)
R-40 Single Family Residential (40,000 sq. ft. min)
R-MF Multi-Family Residential
RD Two Family Residential
RE Single Family 'Estate' Residential
City of Southlake
City of Colleyville
300'
300'
300'
150'150'
Location and Zoning Map
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VIRGINIA
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HARRISON LNROCHEL
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SubjectProperty
Legend
City Limit Boundary
200 ft buffer
temporary batch plant area
City of Southlake
City of Colleyville
300'
300'
300'
150'150'
Aerial
7500
202
106
7801
103
201
7709
7705
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203
201
7502
7612
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202
7405
207
7408
7612
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7404
7503
7717
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7408
7801
7701
7901
7606
7603
7409
7604
7624
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107
203
204
205
7612
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7607
7702
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7605
205
7409
7602
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7707
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7608
7709
7703
7408
7809
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7603
203
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7707
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7803
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7807
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SubjectProperty
Legend
City Limit Boundary
200 ft buffer
temporary batch plant area
Properties within 200 ft buffer
City of Southlake
City of Colleyville
300'
300'
300'
150'150'
Buffer Map
Owner Name Owner Address Owner City Owner StateOwner ZipSitus Address
CHANG, WESLEY EN‐TSE 203 MADISON SQ COLLEYVILLE TX76034000203 MADISON SQ
DAVIS, JERRY DON ETUX TOMA D7801 JEFFERSON CIR COLLEYVILLE TX76034007801 JEFFERSON CIR
ESTES, STEVEN L ETUX RUTH 7701 JEFFERSON CIR COLLEYVILLE TX76034007701 JEFFERSON CIR
FAGAN, LAWRENCE JR ETUX SHARON203 ROCHELLE CT COLLEYVILLE TX76034000203 ROCHELLE CT
FERRELL, GEORGE ETUX LINDA7709 JEFFERSON CIR COLLEYVILLE TX76034007709 JEFFERSON CIR
GRILLO, DIANE 7502 MONROE CT COLLEYVILLE TX76034007502 MONROE CT
HAWKINS, VINCENT ETUX KIMBERLY204 MADISON SQ COLLEYVILLE TX76034000204 MADISON SQ
HAYNES, MICHAEL E ETUX SONJA C7705 JEFFERSON CIR COLLEYVILLE TX76034007705 JEFFERSON CIR
HIGHTOWER, SYDNEY MARY TR3945 FM 273 BONHAM TX75418000304 JOHN MCCAIN RD
JOHNSON, STUART ETUX CAROLE7504 MONROE CT COLLEYVILLE TX76034007504 MONROE CT
LOWE, JONATHAN 7500 MONROE CT COLLEYVILLE TX76034007500 MONROE CT
MASON, DALE ETUX SHERRI 7702 JEFFERSON CIR COLLEYVILLE TX76034007702 JEFFERSON CIR
MONTICELLO HOMEOWNERS ASSN1800 PRESTON PARK BLVD STE 101PLANO TX75093007717 JEFFERSON CIR
PLEASANT RUN COLLEYVILLE INC4131 N CENTRAL EXPY DALLAS TX75204007612 PLEASANT RUN RD
ROSS, RAYMOND R 7700 JEFFERSON CIR COLLEYVILLE TX76034007700 JEFFERSON CIR
SHORT, JOSEPH T ETUX JULIE 7703 JEFFERSON CIR COLLEYVILLE TX76034007703 JEFFERSON CIR
STAAB, JAMES ETUX LANESE TURNE205 MADISON SQ COLLEYVILLE TX76034000205 MADISON SQ
STEWART, BRET A ETUX DEE 7707 JEFFERSON CIR COLLEYVILLE TX76034007707 JEFFERSON CIR
THOMPSON, PHILIP K ETUX DANA E7501 MONROE CT COLLEYVILLE TX76034007501 MONROE CT
TRINITY CHRIS CTR SANTA ANA2442 MICHELLE DR TUSTIN CA92780007404 PLEASANT RUN RD
TUTTLE, ROBERT S ETUX BILLIE J202 MADISON SQ COLLEYVILLE TX76034000202 MADISON SQ
Monticello HOA 308 Covington Way COLLEYVILLE TX76034COURTESY NOTICE
Grapevine‐Colleyville ISD 3051 IRA E. WOODS. AVENUEGRAPEVINETX76051COURTESY NOTICE
City of Southlake 1400 MAIN STREET SOUTHLAKETX76092COURTESY NOTICE
GILCO CONTRACTING, INC.6331 SOUTHWEST BLVD BENBROOK TX76132APPLICANT
Public hearing notice was mailed Friday,
March 14, 2014 by Taci Wrisley
Notification List
Chris Monroe
1500 S. White Chapel Blvd.
Southlake, TX 76092
March 24, 2014
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
Re: Zoning Case Number ZC14-004
Gilco Contracting, Inc.
7612 & 7624 Pleasant Run Rd.
Special Use Permit for a temporary concrete batch plant
In regards to the concrete plant above, please note that I am in opposition to the application for this Special Use
Permit. As a property owner within the 200 foot notification area, please consider this my written protest.
Sincerely,
Chris Monroe
Letters of Opposition
Letters of Opposition
Letters of Support
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VICINITY MAP BANDIT CONTINENTALOAKHURSTWOODRIDGEFRONTIERBANDITWAGONWHEELSAGEBRUSHOVERLANDVIRGINIAADAMSJOHN McGANMONTICELLOJEFFERSONHOLLYMIXCEDARJO WILLCUTTERCURTISHERBERTMcDONWELLSCHOOLLAVACAVAN OAKS WHITEHARDAGE PONDEROSAKINGSTONTINKEREMERALD SHADY GROVE JOHN McCAIN WINDSWEPT BROOKCOLLEYVILLESOUTHLAKETUMBLEWEEDBELTBEARBIGSHILOHHILLTILLMANLEESBURGPLEASANT RUN RUNWESTCOATSCHOOLMcDONWELLRIDGEBRANSFORDMURPHYDARTCLAY HIBBINS GREENWOODCONTINENTALPRECINCT LINE CREEKHELEN CREEK INDIANCREEK 1.8DAVIS PEYTONVILLE19383029DOOWYDAHSS. WHITE CHAPEL ROAD
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FRONT - 20' FOR SIDE FACING GARAGEFRONT - 30' FOR FRONT FACING GARAGEREAR - 25' FOR MAIN STRUCTUREREAR - 10' FOR ACCESSORY STRUCTURESIDE - 9' INTERIORSIDE - 15' ALONG RIGHT-OF-WAY (NON-KEY LOTS
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SIDE - 20' ALONG RIGHT-OF-WAY (KEY LOTS)2.ALL PRIVATE OPEN SPACE AREAS WILL BE MAIN
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Application
Application
Application
Application
Application
Application
ORDINANCE 0-13-1875
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP
AND CHANGING THE ZONING ON 53.2 ACRES ON TRACTS 1F AND 1G,
ABSTRACT 1038 OF THE HALL MEDLIN SURVEY AND TRACTS 1A02
AND 1C, ABSTRACT 295 OF THE WILLIAM E. CROOKS SURVEY
LOCATED AT 7612 AND 7624 PLEASANT RUN ROAD FROM THE AG-
AGRICULTURAL ZONINGDISTRICT TO THE PUD-R-PLANNED UNIT
DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
under Case No. ZC13-001; 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 dividedthe 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 givenreasonable
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 0-13-1875
Page 2 of 8
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 withreference
to changes to zoning classifications underthe Zoning Ordinance
Regulations and Zoning Map, havinggiven 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 areaand in the vicinitythereof, 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 theforegoing premises and findings are found to be true
and correct and are incorporatedinto the body of this ordinance
as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on53.2 acres on Tracts 1F and 1G, Abstract
1038 of the Hall Medlin Survey and Tracts 1A02 and 1C, Abstract
295 of the William E. Crooks Survey located at 7612 and 7624
Pleasant Run Road from the AG-Agricultural zoning district to the
PUD-R-Planned Unit Development Residential zoning district, as
depicted in the attached Exhibit "A" and as described in Exhibit
Sec. 3. THAT the Official Zoning Map of the City of Colleyville be
amended to incorporatethe zoningchange approved herein.
Sec. 4. THAT the above described tract of land shall be subject to the
followingconditions:
1. GENERAL
a. The purpose of this PUD-R is for a single-family residential
development of detached dwelling units, constructed at a
gross maximumdensity of 1.4 dwelling units per acre as
described in Exhibit "C". Exhibit "C" is attached herein for
descriptive purposes only and shall not be referenced as a
regulatory guide for the purpose of this ordinance.
Ordinance 0-13-1875
Page 3 of 8
b. The proposed development is subject to all the regulations
contained in the Land Development Code, except as
amended by this ordinance.
2. DEVELOPMENT PLAN AND PLATTING
a. The development shall be generallyconsistentwiththe
conceptual site plan, Exhibit "D", which shall not be
considered the preliminary plat. The lot arrangement may
differ from that shown on the conceptual site plan to
accommodate topographic, drainage, or other conditions.
The actual street layout shall be consistent with Exhibit
b. The developer shall submit and receive approval from the
City, a preliminary and final plat, approved in one or more
phases, in accordance with the requirements of the Land
Development Code prior to development of this PUD-R.
3. PERMITTED USES
a. Single-family residences, detached
b. Common open space areas
4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
a. Residential lot requirements and setbacks shall comply with
the following provisions:
1. The minimum lot width shall be 90 feet and the
minimum lotdepth shall be 70 feet.
2. The minimum lot size shall be 13,000 square feet,
with and averagelot size of 16,050 square feet.
3. The minimum front yard setbacks shall be 20 feet for
lots with side facing garages so long as the distance
from the back of curb to the primarystructure is at
least 30 feet, and 30 feet for lots with front facing
garages.
4. The minimum rear yard setbacks shall be:
Ordinance 0-13-1875
Page 4 of 8
a. From the main structure: 25 feet
b. From an accessory structure: 10 feet
5. The minimum side yard setbacks shall be 9 feet.
shall be 35 feet.height sh6. The maximum building a
7. For lotslocated on cul-de-sacs and half cul-de-sacs,
theminimum lot width shall be 70 feet measured at
the front yard setbacks and35 feet measured at the
right-of-way line.
5. RESIDENTIAL DESIGNREQUIREMENTS
The following requirements shall apply to all homes constructed
in thisdevelopment:
a. The surface area of the front exterior wall, excluding
windows, doors, gables, and covered porches shall be at
least 85 percent masonry or hand-troweled, cement-based,
three-coat stucco.
b. The surface area of all side and rear walls shall be at least
75 percent masonry or hand-troweled, cement-based,
three-coat stucco.
c. Approved masonry materials shall adhere to the masonry
materials allowed in Chapter 6-Building Design of the Land
Development Code.
d. Each residence shall contain a minimum of 3,000 feetof
gross floor area.
6. OPEN SPACE
a. This development shall provide a minimum of 30 percent
common open space, which shall be configured as shown
on Exhibit "D". All open space areas shall be landscaped
and maintained by the homeowners association.
7. RESIDENTIAL DENSITY REOUIREMENTS
a. Residential density shall not exceed 1.4 dwelling unitsper
acre.
Ordinance 0-13-1875
Page 5 of 8
8. FENCING, SCREENING, BUFFERING AND TREES
a. A wrought iron fence shall be constructed between the
common open space in the Monticello development and
common open space on the subject property. Said fence
shall be constructed by the developer prior to the
acceptance of final public improvements.
b. A minimum of two, three (3) inch caliper, hardwood shade
trees shall be planted on each lot at the time of new home
construction.
c. All lots shall be equipped with an irrigation systemper the
requirements of Chapter 4-Landscaping and Buffering in
the Land Development Code.
d. A minimum eight (8) foot solid masonry wall shall be
constructed along the common property line of the
development and the adjacent property to the south
located at7504 and 7404 Pleasant Run Road prior to the
acceptance of final public improvements. Where adjacent
to lots not used for residential purposes within this
development, the wall may be constructed of wood. The
wall shall be maintained by the homeowner's association.
e. A minimum ten (10) foot tree preservation buffer shall be
locatedalong theentire length of thewestern boundary of
the development. All trees located within said buffer shall
be preserved in place as shown on the required tree survey
at the time of platting. No trees may be removed fromthis
buffer area without a tree removal permit. Section
5(8)C(5) of the Land Development Code exempting
residents from the removal requirements shall notapply to
said buffer area. Maintenance of the buffer shall be the
responsibility of each homeowner.
9. SIDEWALKS AND TRAILS
a. In lieu of constructing the required ten (10) foot trail along
Pleasant Run Road, the developer shall pay into escrow the
cost ofconstructingthe trail as determined by the City
Engineer, prior to the filing of the final plat for the
development.
Ordinance 0-13-1875
Page6 of 8
b. The portion of the proposed interior park trail that
traverses the open space of the development that is closest
to Pleasant Run Road shall provide a stub for future
connection to the Pleasant Run Road trail shown in the
Colleyville Pathways Plan. Said portion of the interior park
trail shall be located within a public access easement and
shall be constructed by the developer prior toacceptance of
final public improvements and shall be maintained by the
homeowner's association.
10. GENERAL
a. No building, structure, or other developmentwithin this
PUD, including any roads and parks, shall trigger any
setback requirement for future gas wells and related
equipment located on the existing 13.2-acre pad site
located directly south of the boundaries of this PUD (the
Existing Pad Site"), regardless of whether such gas wells
and equipment are authorized by Ordinance 0-10-1779
approving a Special Use Permit for the Existing Pad Site or
are authorized by future approvals (if any) for the Existing
Pad Site only by the City Council.
b. Prior to therecordation of a finalplat for any property
within this PUD, an instrument shall be recorded in the
deed records of Tarrant County, Texas, for the property
within this PUD, providing all future purchasers of such
property with notice of this paragraph. The formof such
instrument shall be approved by the City Attorney. In
addition, any rezoning of the property governed by this
PUD, including, but not limited to, an amendment to this
PUD, shall require thatwritten notice be given to the gas
well operator in the same manner that is required by
Chapter 211 of the Texas Local Government Code for all
property owners. Notices shall be sentto the gas well
permitee based on the address on file with the City.
Sec. 5. THAT the abovedescribed tract of land shall be used only in the
manner and for the purposes provided by theComprehensive
Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Ordinance 0-13-1875
Page 7 of 8
Sec. 6. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subjecttothe same
penalty as provided for in theComprehensive Zoning Ordinance
of the City of Colleyville, and upon conviction shall be punishable
by a fine not to exceed the sum of Two Thousand Dollars
2,000.00) for each offense.
Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 8. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 9. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to permit
its proper development and in order to protect the public
interest, comfort and general welfare, and requires that this
ordinance shall take effect immediately from and after its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 4th day of June
2013.
The second reading and public hearing being conducted on the 18th day of
June 2013.
PASSED AND APPROV by the City (Council of the City of Colleyville,
Texas, on this the t day of J(Mew 2013.
ATTEST: CITY OF COLLEYVILLE
1 lb I
Amy elley DavidKelly
City Secretary Mayor
Ordinance 0-13-1875
Page 8 of 8
APPROVED ASTO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit "A" - Location and Zoning Map
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Exhibit "B" - Legal Description
BEING THAT CERTAINTRACT OF LANDSITUATED IN THE WM.E.CROOKS SURVEY,ABSTRACT NUMBER 295 AND
THE HALL MEDLIN SURVEY,ABSTRACT NUMBER 1038,CITY OF COLLEYVILLE,TARRANT COUNTY,TEXAS AND
BEINGALL OF THOSE CERTAIN TRACTSOF LAND CONVEYED TO JOHN W.QUENICHET AND WIFE OBURN
QUENICHET RECORDED IN VOLUME 4384,PAGE 871,TRACTS 1,2 AND 3 AND IN VOLUME 4957,PAGE 297 OF
COUNTY RECORDS,TARRANTCOUNTY,TEXAS AND BEING MORE PARTICULARLY DESCRIBEDBY METES AND
BOUNDS AS FOLLOWS;
BEGINNING ATA 3/4 INCH IRON ROD,FOUND AT THE SOUTHWEST CORNER OF SAID QUENICHET TRACT
RECORDEDIN VOLUME 4957,PAGE 297AND BEINGTHE NORTHWEST CORNER OF THAT TRACT OF LAND
CONVEYED TOTHE ROBERT HIGHTOWER TESTAMENTARY TRUST,RECORDED IN VOLUME 13475,PAGE 388 OF
SAID COUNTY RECORDS AND BEING IN THE WEST LINE OF MONTICELLO ADDITION,AN ADDITION TO THE CITY
OF COLLEYVILLE,RECORDED IN VOLUME 388-209,PAGE 12 OF PLAT RECORDS,TARRANT COUNTY,TEXAS;
THENCE N 00 11'48"W,WITH THE WEST LINE OF SAID QUENICHET TRACT,AT 1548.07 FEET A 5/8 INCHIRON
ROD WITH PLASTIC CAP STAMPED"JACOBS"SET,IN ALL 1648.07 FEET TO THE CENTERLINE OF BIG BEAR CREEK;
THENCE WITH THE CENTERLINE OF BIG BEAR CREEK THE FOLLOWING BEARINGS AND DISTANCES;
S 64°57'48"E,130.00 FEET;
S 50°01'23"E,140.00 FEET;
S 10°11'53"W,174.00 FEET;
S 52°32'20"E,86.00 FEET;
S 83°50'13"E,104.00 FEET;
S 37°43'15"E,143.00 FEET:
S 65°44'16"E,104.00 FEET;
S 57°57'16"E,140.00 FEET,THE NORTHWEST CORNER OF AFORESAID TRACT 3,FROM WHICH A 5/8
INCH IRON ROD WITH PLASTICCAP STAMPED"JACOBS"SET,BEARS 00°29"W,100.00 FEET;
S 40°13'40"E,146.00 FEET;
S 59°50'53"E,67.00 FEET;
S 74°42'01"E,67.00 FEET,
N 89°44'42"E,115.00 FEET;
N 47°35'35"E,213.00 FEET;
N 27°22'07"E,102.00 FEET;
N 15°46'45"E,122.00 FEET;
N 21°31'34"E,AT 155.7 FEET THE NORTHEAST CORNER OF SAID TRACT 3 AND THE NORTHWEST CORNER
OF SAID TRACT 1,FROM WHICHA 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED"JACOBS"SET,
BEARS S 00°49"E,100.00 FEET,IN ALL 171.00 FEET;
N 55°19'48"E,100.00 FEET;
N 72°17'18"E,100.00 FEET;
S 74°09'29"E,75.00 FEET;
S 30°07'44"E,69.00 FEET;
S 53°03'32"E,180.00 FEET;
S 28°28'40"E,170.00 FEET;
S 20°31'03"E,105.00 FEET;
S 00°16'51"E,80.00 FEET;
S 41°40'16"W.109.00 FEET;
S 45°24'40"E,115.00 FEET;
Exhibit "B" - Legal Description Continued
THENCE S 75°34'46"E,61.00 FEET TO THE INTERSECTION OF SAID BIG BEAR CREEK AND THE APPROXIMATE
CENTERLINE OF PLEASANT RUN ROAD(A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE S 10°21'30"W,160.00 FEET WITH SAID APPROXIMATE CENTERLINE,TO THE SOUTHEAST CORNER OF
AFOREMENTIONED TRACT 1 AND THE NORTHEAST CORNER OF SAID TRACT 2,FROM WHICH A 5/8 INCH IRON
ROD WITH PLASTIC CAP STAMPED"JACOBS"SET,BEARS S 88°36"W,100.00 FEET;
THENCE S 01°29'24"W,612.63 FEET CONTINUING WITH SAID APPROXIMATE CENTERLINE TO THE SOUTHEAST
CORNER OF SAID TRACT 2;
THENCE S 84°10'42"W,WITH THE SOUTH LINE OFSAID TRACT 2,AT 40.10 FEET THE NORTHEAST CORNER OF
PARK PLACE ESTATES,AN ADDITION TO THE CITY OF COLLEYVILLE,RECORDED IN VOLUME 388-178,PAGE 14 OF
SAIDPLAT RECORDS,AT 100 FEET A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED"JACOBS"SET,IN ALL
558.48 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED"JACOBS"SET,AT THE SOUTHWEST CORNER
OF SAID TRACT 2 AND THE SOUTHEAST CORNER OF SAID TRACT 3;
THENCE S 84°37'58"W,654.81 FEET WITH THE SOUTH LINE OF SAID TRACT 3 AND THE NORTH LINE OF THAT
TRACT OF LAND CONVEYED TO TRINITY CHRISTIAN CENTER OF SANTA ANNA,INC.,RECORDED IN VOLUME 9325,
PAGE 1004 OF SAID COUNTY RECORDS,TO A 3/8 INCH IRON ROD,FOUND AND BEING THE SOUTHWEST CORNER
OF SAIDTRACT 3 IN THE EAST LINEOF THE AFOREMENTIONED HIGHTOWER TRACT;
THENCE N 01°58'48"W,106.71 FEET,WITH THE WEST LINE OF SAID HIGHTOWER TRACT,TO A 5/8 INCH IRON
ROD,FOUNDAT THE SOUTHEAST CORNER OF AFOREMENTIONED QUENICHET TRACT RECORDED IN VOLUME
4957,PAGE 297 OF SAID COUNTY RECORDS;
THENCE N 89°57'05"W,652.16 FEET,WITH THE NORTH LINE OF SAID HIGHTOWER TRACT AND THE SOUTH LINE
OFSAID QUENICHET TRACT,TO THE POINT OF BEGINNING AND CONTAINING 2,318,598 SQUARE FEET OR 53.228
ACRES OF LAND MORE OR LESS.
Exhibit "C" - Statement of Planning Objectives
Planned UnitDevelopment (PUD-R) for
Overlook at Big Bear Creek
Colleyville, Texas
HISTORY AND STATEMENT OF INTENT
Established in 1988,Wilbow Corporation, the Dallasbased U.S. Operation, is a wholly-owned subsidiary of
Wilbow Group Pty. Ltd. located in Melbourne, Australia. Wilbow is currently involved in numerous real
estate developments in theDallas/Fort Worth and Houston areas. Wi lbow hasbeen the recipient of
numerousaccolades and won Business and Industry Awards for Excellence in commercial property
development including the Urban Designfor Tribute at MillsBranch and the McSamaward for Marketing of
the Heritage residential community_ Wilbow Corporation maintains an experienced and well-diversified
professional staff with a combined 100 years of real estate development experience, andhas consistently
been ranked as oneofnorth Texas`largestresidential developers by the Dallas Business Journal. Wilbow's
financialstrength, experience and history of success mean that each development is thoughtfully planned
and executed with efficiency and expertise that fewother developers possess.
Wi lbow Corporation, doing business as Pleasant Run Colleyville, Inc, (PRC), being the applicant and
developer of the 53.2-acre "Overlook at Big Bear Creek" property, part of the Wm. E. CrooksSurvey,
Abstract No.295,and part of theHall Medlin Survey,Abstract No.1038, hereby makes a request to rezone
the property, currently zoned Agriculture (AG) perthe August 2007 zoning map, to Planned Unit
Development-Residential (PUD-R).With PUD-R zoning, the use will be consistent with the adjacentsingle—
family zoning designations and Colleyville's FutureLand Use Plan 2025 whichdesignates the property as
SingleFamilyResidential".
PROJECT LOCATION& DESCRIPTION
The Overlook at Big Bear Creek (The Overlook)is located along thenorthcentral Colleyville border with
Southlake, adjacent to Pleasant Run Road on the east and the Monticello neighborhood to the west. The
north property line generallyfollows thecenterline of Big Bear Creek, the same being themunicipal
PUD-R(The Overlook at Big Bear Creek-Coileyviile) Page 1 of 7
May 6,2013
Exhibit "C" - Statement of Planning Objectives (Continued)
boundary.The property is bordered on the south by the Titan we site and undeveloped agricultural land.
The property is a generallyrectangular, 53.228 acretract that consists of four smaller parcels. each
formally owned by John W. and Obum ouon|coot Overlook will be developed into approximately 73
single-familyhomesites and additional openspace lots, for a densityof 1.37 dwelling units per gross
oc,w, well below the allowed maximumresidential density of 1m dwelling units per gross acre. Each
homesite shall be a minimumof 13000 square feethowever,the average lot size shall be approximately
o.00n square feet
SITE ZONING AND PLANNED DEVELOPMENTSTANDARDS
The zoning classification ox The Overlook shall be Planned Unit Development-R 'Poo-R^ and shallbe
developed according to the following standards:
item PUD-R ZoningProposed ZoningU
Minimum Lot Size 13,000 Square Feet , 13,000 Square Fee
Average Lot Size o.000 SquareFeet l 16,050 Square Fee
Minimum Lot Width 100 fee 90 feet
rMinimumFrontYard 30 feet 20 feet
Minimum Side Yard 10 feet 9 feet
zou tmxma|mm me
Minimum Rear Yard 25 feet
10 feet for ancillarystructures
35 feet measured from/hi0nm»mtom |ot 6
Maximum Building Heigh 30 fee
top of root line
BUILDING SETBACK PROVISION
Special consideration of reduced lot width is hereby requested forlots located on cul-de-sacs and those
located on 9eur0ree elbows in the streets.The minimum lot width for suchlots measured at the building
line shall be 70-feet The minimum lot width for such lots measured at theright-of-way line shall be 35-feet.
pmD-n(TheOverlook at Big Bear Creek-ColIewiUle Page 2 of 7
May 6,2013
Exhibit "C" ~~ Statement of Planning Objectives (Continued)
IMPACT FEES
Because the calculatedportion of theCity's Perimeter Street Fee is less thanthe per lot road impact fees
generated by this omject. PRC shall bear no cost associated with the City's PerimeterStreet Fee. Instead,
the per lot road impact feeof$4941.00shaltbe paid for by the builder at the time of each applicable building
permit. In addition.water and wastewater impact fees shall be paid for at the time of building permit by the
builder.There shall be no park impactfee paid for by PRC.No other impactfees shall be applicable.
PARKLAND DEDICATION
In lieu of Park Dedication Frcn,we will dedicate via final plat approximately 17 acres of private
parkland/open space within the development,whichshall include a pen1anerit surface trail system,
benches,native and picnic areas. We may elect to dedicate a public access easement over and across
the trail systemfor use by all residents of Colleyville. In addition,we will dedicate approximately 3 acres
of private»am:ommoppn space adjacent to Forest Meadow Drivewithin the development,This 3 acres
alonerepresents approximately ten(10)percent of thedevelopable area of the subdivision All private
parklandiopen space will be maintained by the Home Owner's Association(HOA)for the development,
which will be created for the purpose of owning,operating and maintaining the common features within
the community
HOMEOWNERS ASSOCIATION
All property ownerswithin The Overlook shall be required to be members of the HOAwhich shall assume
ownership and responsibility for the openspace areas,entry features,landscaping,irrigation and all fencing
within the open space areas created via the FinalPlat, The HOA shall also be responsible for enforcement
of all deed restrictions for the »ummon|ty PRC, as Declarant, shall regulate and approve new home
architecture and plot plans in conformity with the deed restrictions forthe community.
SUBDIVISION DESIGN CONSIDERATIONS
Streets shall be 31 foot, back to back concrete withcurb and gutterwithin a 50 foot RightofWay. Streets
shall be dedicated to theCity of Colleyville(City).Similarly,all waterlines,sanitary and storm sewer shall be
PUD-R(The Overlook ot Big Bear cneek-Cmleyvu|v) Page omr
May 6'zu|3
Exhibit "C" - Statement of Planning Objectives (Continued)
designed and constructed to City standards. Upon construction and inspection by theCity, such
nfrastructure shall be dedicated to the City for continued maintenance and operation.
DRAINAGE DESIGN CONSIDERATIONS
The site generallyslopes fromsouth to north and is heavitv wooded along the north and eastboundaries.
Big Bear Creek and its 100-yearfloodplain traverses the property on the northern boundary receiving the
natural runoff from theproperty The drainage system for tlie community shalt be designed so that the storm
water runoff continues tobe conveyed directly into Big Bear Creek_The developmentof the property will not
have significant impact on the total amount of runoff in thisreach of Big Bear Creek due to the low density,
large lotsize and the relatively small contributing area of the project in relation to the entire watershed
conveyed by Big Bear Creek, and meemre, no detention shall be requiredfor this project. See
accompanying exhibit of offsite drainage area.A small portion of the developable area lies within the FEMA
designated 100-year floodplain PRC intends to mitigate tile smallareasintended to be developedwithin the
floodplain by providing comparable storagevolume elsewhere on-site. The plan for such comparable
storage shall be submittedfor administrative review and approval by noneyvnle's Certified Floodplain
Manager(CFM).
LANDSCAPE AND TREE MITiGATION
No tree survey or tree mitigation shall be requiredforopen spaceareas shown on the attached
Development Plan. Areas withinproposed ngxts'o/+way' proposed building pado, public and private
easements shallalso be exempt from tree mitigation requirements;however an inventory of protected trees
within such areas shall be shown on a tree survey_ Builderinstalled trees located in front and rear yards
shall count towards any mitigation required as a result of the development process so long as the tree
species conform to the City's tree mitigation requirements PRc shall require a minimum wvz<two>n''caliper
hardwood shade trees be installed by the builder on each lot
SUBDIVISION TRAFFIC AND CIRCULATION
PRC shall provide a stub-through road to connect to existing Harrison Lane to the west. Wildflower Way
Puo'op»o Overlook ut Big Bear Crek-ColleyviIe) Page 4 of 7
May*.0x}
Exhibit "C" - Statement of Planning Objectives (Continued)
shall stub to the property immediately to the south ri anticipation of future single-family development. No
traffic impact analysis lilA)shall be required since the development is not projected to generate in excess of
1,000 vehicle trips per day.
SIDEWALKS
PRO hereby requests a variance from the sidewalkrequirements arid as such,no sidewalks will be
constructed along the streets within the development.This request is consistent with adjacent
neighborhoods,among them and adjacent to this proposed development is Monticello,which does not
contain sidewalks alongthe streets.Further there is no existingsidewalk or trailalong Pleasant Run Road,
Dueto lack of connectivity and challenging topography,we request a variance from the sidewabCtrail
requirement.
TRAIL MASTERPLAN
PRO hereby requests a modification to the Trails and Sidewalk SystemMasterplan dated October 18,2005
which shows a trailsystem along Pleasant Run Road.Due to the natural topography and lack ofconnectivity
to other such facilities along Pleasant Run Road,construction of a trail system here is not viable, In lieu of
the roadside location, PROshall construct a trail system as a continuation of the neighboringMonticello trail
system withinthepnvate parkland/open space locatedwholly within the community.
SCREEN WALLS AND FENCES
The existing natural vegetationftrees will provide a natural live screen for the entire property frontage along
Pleasant Run Road Therefore, PRO intends to construct an entry feature and monumentation only at the
main entry at PleasantRunRoad as shown on the attached Site Plan.The entry feature shall incorporate
masonry,brick,stone and wrought iron fence as necessary to'tie'back into existing vegetation.
Wrought iron fencingshall be o|wwad, but notrequired, along the side and rear property lines of each lot
and adjacent to and within the 100-yearfloodplain. Privacyfences shall not be allowed within the 100-yeor
mmupla,n
PUD-R(The Overlook at Big Bear Creek-Colleyville) Page 5 of 7
May a.zo10
Exhibit "C" ~~ Statement of Planning Objectives (Continued)
DEVELOPMENTSCHEDULE
PRO intends to obtain approval of zoning byJuly 2013 with platting and engineering plansto follow
immediately thereafter. Construction of the first phase of approximately 33-39 lots to commence
immediately following approval of engineering plans. Construction shall take approximately 9 months.
Concurrent with development of the first phase,entitlements to include final planing of the second phase will
be underway. Upon completion of the first phaseandformal approval of thePhase II final plat, PRC will
commence construction on Phase II We anticipateconstruction on Phase II to commence in the fall of 2014
and be completed by summer 2015 Construction of homes within the first phase shall commence
immediately upon City acceptance of the Phase I infrastructure. PRO requests that each phase be given
consideration for an early release gradingpermit upon preliminary plan approval and early release building
permits upon substantialcompletion of poviog, as determined by the City inspector during the initial
in/mmtruoumwo|womogh
BUILDER PRODUCT
Homes within this community are expected to range in the 5500k to S1MM+range.Typical lot pads shall be
approximately ro'wide by 70' deep. Minimum house size shall be 3,000 square feet Maximum height for
each home shall not exceed 35'as measured from the highpoint of the lot to the top of the roof.
The surface area of the first floor extenor wall (exclusive of openings for windows and uoom, gables over
woodframing_areas under coveredporches,box and bay windows and other architecturalprojections)and
all second story walls(exclusive of openings for windows and doors,gables over wood framing,areas under
coveredporches,box and bay windows and otherarchitecturalprojections)in thesame vertical plane as the
first floor wall shall be veneered with a minimum of 85% (eighty-five percent) coverage of unit masonry
defined below)or hand troweled,cement-based 3-coat stucco on the front elevation and 75%(seventy-five
percent)unit masonry or hand-troweled,cement-based.3-coat stucco on the side and rear elevations.
Unit Masonry shall mean brick,natural stone,or concrete cast stone(or combination of thesematerials)laid
upbyunit and set in mortar.
ECONOMIC DEVELOPMENT INFORMATION
pmon(The c erlmok at Big Bear Creek-Colleyv.11e) Page 6mr
May a.zo1»
Exhibit "C" - Statement of Planning Objectives (Continued)
As envisoned, The Overlook will generate substantial tax revenue for Tarrant County and the City of
Colleyville.PRO estimates homes will be completed according to the followingschedule:
Year omescompieted Total
2014 5 5
2015 20 25
2016 20 45
2017 20 sn
2018 8 73
Based on the 2010 ad valorum tax rate of$2.omS180 and an average home price n,$75uw. estimated aU
valorum taxes are as follows:
Year Ad Valorum Tax
2015 86,000
2016 G428.000
2017 770.000
2018 1,111,000
2019 S1,248.300
2020 1.2*0.300
Note:Tax estimate assume a flat rate based on 2010 values
SUMMARY
The Ovenoox, when developed, will be a large lot up-scale development featuring 73 residential lots
containing custom andsemi-customhomes from $500k on up. PRO believes that The Overlook will be a
meaningful conbibulion to the City of Colleyville, and provide consistency with the adjacent neighbomoods
whilecomplying with the City's Future Land Use Plan. The homevalues will generate significant tax
revenues for theCity and protectsurrounding home values. The requests of the PUD-R made hereinare
consistent with thePUD-R provisions and havebeen thoughtfullyconstrued so as to protect surrounding
home and community values, whileupholding the guidelines created by theCity's comprehensivezoning
md.nanoo pRC respectfully requests the City of Colleyville Planning and ZoningCommission and City
Council approve this PUD-R and allow The Overlook to move forward as planned herein.
PUD-R(The Overlook at Big BearCneekColley"iUe) Page 7 of 7
May6.2O}3
Exhibit "D"- Conceptual Site Plan
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z
ORDINANCE O-14-1912
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING OF A 45,000 SQUARE FOOT PORTION OF TRACTS 1F AND
1G, ABSTRACT 1038, OF THE HALL MEDLIN SURVEY; AND TRACTS
1A02 AND 1C, ABSTRACT 295, OF THE WILLIAM E. CROOKS
SURVEY, LOCATED AT 7612 AND 7624 PLEASANT RUN
ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A
TEMPORARY CONCRETE BATCH PLANT; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00); AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
under Case No. ZC14-004; 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
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
Ordinance O-14-1912
Page 2 of 4
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on a 45,000 square foot portion of Tract 1F
and 1G, Abstract 1038, of the Hall Medlin Survey; and Tracts
1A02 and 1C, Abstract 295, of the William E. Crooks Survey,
located at 7612 and 7624 Pleasant Run Road, by authorizing a
Special Use Permit for a temporary concrete batch plant, as
depicted on Exhibit “A,” labeled as Location and Zoning Map.
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 above described tract of land shall be subject to the
following conditions:
1. HOURS OF OPERATION
a. The hours of operation shall be as follows:
Monday – Saturday: 7:00 a.m. – 6:00 p.m.
b. The temporary concrete batch plant shall be in use for
twenty-one (21) consecutive calendar days from the date
of issuance of the Notice of Intent.
2. PERMITTED USES
a. The temporary concrete batch plant allowed by this Special
Use Permit must be permitted by the Texas Commission on
Environmental Quality (TCEQ) for an air quality permit.
b. The Special Use Permit shall meet all state and federal
Ordinance O-14-1912
Page 3 of 4
requirements for concrete batch plants. A copy of the
Storm Water Pollution Prevention Plan (SWPPP or SWP3,
110000), and the Notice of Intent (NOI) must be kept on
the premise.
c. The area boundaries of the temporary concrete batch plant
shall generally conform to the attached, Exhibit “B” labeled
as Zoning Exhibit.
d. The material delivery trucks will be instructed to travel
southwest on SH26 to Tinker Road; then travel west on
Tinker Road to Pleasant Run Road; and travel north on
Pleasant Run Road.
e. The batch plant will be used to provide concrete for no
other project(s) other than the Overlook at Big Bear Creek.
f. The temporary concrete batch plant must be a minimum of
300 feet from any habitable residence.
g. A notice to proceed will be issued by the Director of Public
Works or designee. The letter will state that the batch plant
shall only be allowed in conjunction with the construction
site for which the permit is issued. This letter will be kept
on site with the TCEQ documentation.
h. The Public Works Director or designee will determine if
additional materials testing will be required. City staff will
determine the testing personnel required and any cost of
testing will be passed on to the applicant.
Sec. 5.
THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Sec. 6. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance
of the City of Colleyville, and upon conviction shall be punishable
by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Ordinance O-14-1912
Page 4 of 4
Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 8. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 9. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to permit
its proper development and in order to protect the public
interest, comfort and general welfare, and requires that this
ordinance shall take effect immediately from and after its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted by City Council on the
1st day of April 2014.
The second reading and public hearing being conducted by City Council on
the 15th day of April 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville,
Texas, on this the ________ day of _________________________ 2014.
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit A –Location and Zoning Map
Exhibit B–Zoning Exhibit
r
ITEMS RECEIVED AFTER PACKETS
DELIVERED
ITEM NUMBER
ZC14-006
RECEIVED
Monday, March 31, 2014
Letter of Opposition
Monday, March 31, 2014
LETTER OF OPPOSITION FOR COUNCIL REVIEW
City Of Colleyville
Community Development Department
100 Main Street
Colleyville,Texas 76034
Dear Development Department,
As a resident of the Copperglen development located across from the proposed Batch Plant
near Heritage and Glade road, we protest the installation of the temporary concrete Batch
plant .The additional dust caused by such a facility in addition to the current construction dust
will further increase the risk of Health issue that I am currently subject too. Based on the
length of construction for the Creekside Project I would request your consideration of bringing
in concrete from another location or facility.
Based on the Health Risks and Noise levels of the plant during the proposed operating hours
we formally protest this facility no matter how temporary.
Respectfully,
Howard M. Frost
5009 Copperglen Circle
Colleyville,Texas 76034
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 6b Agenda Date 04/01/2014 Number Ordinance O-14-1913
Type Ordinance
Department Community Development
Title
Request for a Special Use Permit for a temporary concrete batch plant on an
approximate 37,500 square foot portion of 108.5 acres out of the Elizabeth Cox
Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss
Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734, located at the
northwest corner of Heritage Avenue and Cheek-Sparger Road, Case ZC14-006
Explanation
First Reading and Public Hearing
Mark Leonard with Gilco Contracting submitted a request for a temporary concrete
batch plant for a 37,500 square foot area, located west of Heritage Avenue along the
south boundary line of the Creekside at Colleyville, Phase I project. The
temporary batch plant will be solely used to provide concrete for Creekside at
Colleyville.
Zoning. The property is currently zoned PUD-R-Planned Unit Development-Residential.
The zoning designation was approved through attached Ordinance O-07-1645,
approved November 6, 2007; Ordinance O-13-1866, approved March 5, 2013; and
Ordinance O-13-1899, approved December 17, 2013. Asphalt or Concrete Batching
(temporary) is currently allowed in all zoning districts with approval of a Special Use
Permit.
Applicant's Request. Creekside at Colleyville is a proposed single family subdivision
owned by Terra/Manna Creekside LLC. Phase I will impact 10.8 acres and 37 lots out of
the 108.5 acre site, which will include 228 single family residential lots and open space
along Little Bear Creek.
The proposed temporary batch plant will be 300 feet south of the intersection of Glade
Road and Heritage Avenue, and 163 feet west of the Heritage Avenue right-of-way
line. The area of the proposed use will be 37,500 square feet, which will be 150 feet by
250 feet. The applicant is requesting the temporary use for 21 consecutive calendar
days to construct streets for the new subdivision. The batch plant's hours of operation
will be between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday,
which complies with the construction hours designated in the Colleyville Code of
Ordinances.
The closest habitable residences to the proposed temporary batch plant are 600 feet to
City Council Agenda Briefing 6b
City of Colleyville Page 2
the west; 750 feet to the north; 3,500 feet to the east; and multi-family units that are
300 feet to the southeast.
Parking and Access. Material delivery trucks will be instructed to travel from SH121
west on Glade Road approximately 1,700 feet to Heritage Avenue; then travel south
along Heritage Avenue approximately 300 feet to the project entrance on the west side
of Heritage Avenue. Truck drivers who hold a commercial license must comply with the
designated routes or risk termination of contract or liability for damage.
Federal and State Requirements. The applicant has an approved air quality permit
with the Texas Commission on Environmental Quality (TCEQ). The applicant has
received administrative approval and has been logged into the Regional Database for
the DFW Region Office Air Program. An air quality approval letter from the TCEQ is not
required for this location at this time.
A Storm Water Pollution Prevention Plan (SWPPP or SWP3,110000) and Notice of
Intent have also been prepared for the TCEQ. These documents must be kept on the
work site.
Public Notification. Staff mailed notices to 81 adjacent property owners regarding
this request and all homeowners' associations within 500 feet. Notice was published in
the Fort Worth Star-Telegram as required by state law and the Land Development
Code. One letter of opposition, and one letter of support has been received regarding
this request.
Planning and Zoning Recommendation. The Planning and Zoning Commission
recommended approval of this request at the March 24, 2014 meeting by a vote of 6-
0, subject to the following condition:
1. Staff review the "21 day" maximum time limit requirement to determine if it
includes Sundays.
The ordinance has been revised to "21 consecutive calendar days" to clarify that the
duration does include Sundays.
Summary. The temporary concrete batch plant would only be used to provide
concrete for the new development being constructed. Several benefits exist by utilizing
a temporary batch plant on-site, including better quality control of the concrete being
produced, and eliminating concrete mixer trucks that would use public streets to
access the site.
Therefore, staff recommends approval of the temporary concrete batch plant for
Creekside at Colleyville, Phase I.
City Council Agenda Briefing 6b
City of Colleyville Page 3
Financial Impact
There is no financial impact to the City.
Recommendation
Approval with the following conditions:
1. HOURS OF OPERATION
a. The hours of operation shall be as follows:
Monday - Saturday: 7:00 a.m. - 6:00 p.m.
b. The temporary concrete batch plant shall be in use for twenty-one (21) consecutive
calendar days from the date of issuance of the Notice of Intent.
2. PERMITTED USES
a. The temporary concrete batch plant allowed by this Special Use Permit must be
permitted by the Texas Commission on Environmental Quality (TCEQ) for an air quality
permit.
b. The Special Use Permit shall meet all state and federal requirements for concrete
batch plants. A copy of the Storm Water Pollution Prevention Plan (SWPPP or SWP3,
110000), and the Notice of Intent (NOI) must be kept on the premise.
c. The area boundaries of the temporary concrete batch plant shall generally conform
to the attached, Exhibit "B" labeled as Zoning Exhibit.
d. The material delivery trucks will be instructed to travel west on Glade Road to
Heritage Avenue; then south along Heritage Avenue approximately 300 feet to the
project entrance on the west side of Heritage Avenue.
e. The batch plant will be used to provide concrete for no other project other than
Creekside at Colleyville, Phase I.
f. The temporary concrete batch plant must be a minimum of 300 feet from any
habitable residence, church, or school.
g. A notice to proceed will be issued by the Director of Public Works or designee. The
letter will state that the batch plant shall only be allowed in conjunction with the
construction site for which the permit is issued. This letter will be kept on site with the
TCEQ documentation.
h. The Public Works Director or designee will determine if additional materials testing
City Council Agenda Briefing 6b
City of Colleyville Page 4
will be required. City staff will determine the testing personnel required and any cost of
testing will be passed on to the applicant.
Attachments
1.Location and Zoning Map
2.Aerial
3.Buffer Map
4.Notification List
5.Letter of Support
6.Letter of Opposition
7.Zoning Exhibit
8.Application
9.Ordinance O-07-1645
10.Ordinance O-13-1866
11.Ordinance O-13-1899
12.Ordinance O-14-1913
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3200
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3300
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4824
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3104
2802
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4701 4703
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3206
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5012
3408
4617
4003
5064
3900
4900
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3302
3104
3502
3913
2800
3908
4108
4708 3100
4504
3205
4800
3009
4836
2707
4803
3407
3205
4504
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3105
3305
3000
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4410
4105
3206
4305
2900
2903
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3201
5056
3937
2715
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2705
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4004
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3118
3001
3203
3103
5004
3402
4609
4604
3100
3109
2804
DE
E
P
W
O
O
D
R
D
AU
B
U
R
N
D
A
L
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O
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A
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K
L
N
CUMBERLA
N
D
C
T
SCARBORO
U
G
H
L
N
E
AMBERLEY CT
GLENDAL
E
D
R
GR
E
E
N
O
A
K
S
D
R
WAYSIDE DR
CAMBRIDGE CT
BLACKJACK OAK DR
CARISBROOKE CT
WILTON WO
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SCARBOROUGH LANE CT CH
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EV
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SHER
W
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L
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COTSWOLD CTPAR
K
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HICKORY HILL LN
LAUREN'S P
L
LE
X
I
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G
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P
K
W
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LAKESIDE DR
LANGLEY HILL LN
SU
M
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WOODLAND HEIGHTS CIR
SHUMARD OAK LN
CR
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PO
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WINEWOOD PL
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SH
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CROSSGATE CIR N
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MIDDLETON WAY
EASTONBU
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ME
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D
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ST ALBANS CIRMEADOWVIEW CT
AL
L
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N
D
A
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S
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BO
W
D
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N
H
I
L
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L
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QU
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N
S
B
U
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W
A
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SHADY
W
O
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L
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PEMBROOKE PKWY S
SC
A
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B
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RO
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MEAN
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MA
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COPPERGLEN CIR
BOWDEN HILL LN N
MEADOWVIEW DR
ST
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MA
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W
O
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C
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PEMBROOKE PKWY N
CROSSGATE CIR S
WINDSOR
C
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JACKSON CT
Ü
SubjectProperty
Legend
200 ft buffer
City Limit Boundary
AG Agricultural
CC-1 Village Retail
CC-2 Shopping Center
CC-3 Highway Commercial
CN Neighborhood Commercial
CP0 Professional Office
ML Light Manufacturing
PUD-C Planned Unit Development, Commercial
PUD-R Planned Unit Development, Residential
R-10 Single Family Residential (10,000 sq. ft. min)
R-15 Single Family Residential (15,000 sq. ft. min)
R-20 Single Family Residential (20,000 sq. ft. min)
R-30 Single Family Residential (30,000 sq. ft. min)
R-40 Single Family Residential (40,000 sq. ft. min)
R-MF Multi-Family Residential
RD Two Family Residential
RE Single Family 'Estate' Residential
City of Euless
City of Bedford
Location and Zoning Map
4104
4607
3606
3930
3904
4522
2700
4404
3302
4206
3300
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32044900
5032
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4102 4102
3401
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3201
3410
2800
3608
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4100
5028
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3405
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4309
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5065
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4603
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3201
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5003
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4711
3613
3100
3005
4705
3111
3206
3403
5012
3408
4617
4003
5064
3900
4900
5004
3609
3302
3104
3502
3913
2800
3908
4108
4708 3100
4504
3205
4800
3009
4836
2707
4803
3407
3205
4504
4900
3105
3305
3000
2800
4410
4105
3206
4305
2900
2903
4401
3201
3937
2715
4804
3301
2705
2800
4905
4004
4013
3504
4804
5017
4904
3118
3001
3203
3103
5004
3402
4609
4604
3100
3109
2804
DE
E
P
W
O
O
D
R
D
AU
B
U
R
N
D
A
L
E
A
V
E
W
I
N
E
W
O
O
D
C
T
SH
A
D
Y
C
R
E
E
K
L
N
CUMBERLA
N
D
C
T
SCARBORO
U
G
H
L
N
E
AMBERLEY CT
GLENDAL
E
D
R
GR
E
E
N
O
A
K
S
D
R
WAYSIDE DR
CAMBRIDGE CT
BLACKJACK OAK DR
CARISBROOKE CT
WILTON WO
O
D
S
C
T
OV
E
R
H
I
L
L
D
R
SCARBOROUGH LANE CT CH
R
I
S
M
A
C
W
A
Y
O
X
F
O
R
D
C
T
EV
E
R
S
H
A
M
C
T
SHER
W
O
O
D
L
N
COTSWOLD CTPAR
K
V
I
E
W
C
T
HICKORY HILL LN
LAUREN'S P
L
LE
X
I
N
G
T
O
N
P
K
W
Y
LAKESIDE DR
LANGLEY HILL LN
SU
M
M
I
T
H
I
L
L
C
T
WOODLAND HEIGHTS CIR
SHUMARD OAK LN
CR
O
S
S
G
A
T
E
C
I
R
E
QUEENSBURY WAY CT
PO
S
T
O
A
K
T
R
L
WINEWOOD PL
WE
S
T
G
R
O
V
E
L
N
SH
E
R
W
O
O
D
L
N
CROSSGATE CIR N
HE
R
I
T
A
G
E
A
V
E
HE
R
I
T
A
G
E
O
A
K
S
D
R
OL
D
O
A
K
L
N
G
A
T
E
W
A
Y
C
T
HE
R
I
T
A
G
E
A
V
E
B
E
C
K
L
E
Y
C
T
EATON CIR
MIDDLETON WAY
EASTONBU
R
Y
C
T
ME
L
R
O
S
E
P
A
R
K
D
R
W GLA
D
E
R
D
ST ALBANS CIRMEADOWVIEW CT
AL
L
E
N
D
A
L
E
S
T
BO
W
D
E
N
H
I
L
L
L
N
E
QU
E
E
N
S
B
U
R
Y
W
A
Y
E
SHADY
W
O
O
D
L
N
PEMBROOKE PKWY S
SC
A
R
B
O
R
O
U
G
H
L
N
W
RO
B
E
R
T
S
R
D
MEAN
D
E
R
I
N
G
W
A
Y
S
P
R
I
N
G
H
O
L
L
O
W
S
T
PE
M
B
R
O
O
K
E
P
K
W
Y
W
SHENANDOAH PL
PR
E
S
T
W
I
C
K
D
R
QUEENSBURY WAY W
GLADE RD
MA
R
T
I
N
P
K
W
Y
JA
C
K
S
O
N
R
D
COPPERGLEN CIR
BOWDEN HILL LN N
MEADOWVIEW DR
ST
R
A
T
H
M
O
R
E
T
E
R
MELR
O
S
E
P
A
R
K
C
T
WEXFORD CT
MA
R
T
I
N
D
R
WI
L
D
W
O
O
D
C
T
PEMBROOKE PKWY N
CROSSGATE CIR S
WINDSOR
C
T
JACKSON CT
Ü
SubjectProperty
Legend
200 ft buffer
City Limit Boundary
City of Euless
City of Bedford
Aerial
4104
4607
3606
3930
3904
4522
2700
4404
3302
4206
3300
4618
3302
32044900
5032
4101
3138
4102 4102
3401
3900
3505
4002
4106
3117
3004
21003920
4604
4009
4617
3003
3207
36123608
5001
2915
4103
3124
4302
3202
3930
4700
2808
3125
3905
5002
4614
4001
4008
4101
3909
3110
4204
5009
2907
3130
4415
3913
3901
2910
3003
3605
4703
2911
3501
3204
2704
5042
4801
4839
2920
3132
3106
4823
5005
3708
5006
3410
4303
5012
3101
3100
5100
3301
5013
3121
4209
2807
4103
3201
3405
3300
4407
4713
3203
2712
2912
2904
3711
3912
4900
4804
4414
3300
3902
5001
3501
4712
3201
3410
2800
3608
2912
4100
5028
4902
3203
4416
4526
3405
3103
4105
4309
3201
4904
2916
4100
3501
4200
3406
3101
3200
4801
4705
4500
3115
3103
3402
3402
4311
4402
4500
5003
3405
2904
3106
4305
3913
4810
4600
3500
4801
3405
3407
4103
3302
3400
3409
3101
3007
3404
3304
4903
3105
5002
3404
2913
2804
4601
4203
4409
5001
2902
4803
34014805
3008
4801
4400
4612
4105
4900
3613
2803
4412
4106
4005
3200
3503
4208
4209
2712
3604
3204
4500
3407
4411
4702
2916
5100
2903
3909
4206
5001
5008
3303
4200
4301
4403
5005
4808
5004
4709
4707
3206
4702
4605
3605
4908
4101
4207
4304
5016
4613
3106
3907
4407
4005
5007
4706
4511
2711
4609
3101
3002
3906
3305
4619
4000
4203
4902
3107
4700
4609
4318
3303
4501
4600
4007
4600
5005
5030
3515
3005
3400
2804
3801
4505
4509
3300
4828
5002
4703
3305
4300
3202
3000
3209
3913 3912
4004
4814
3404
4403
4513
5065
4912
2905
3305
4206
4603
3103
4302
5005
4900
4103
4204
4800
3200
3411
4100
4203
4316
3202
4715
2705
4201
4202
4417
4916
4502
4607
3201
2800
4518
5003
2901
4611
5017
4831
3201
3402
3527
2902
3104
4309
3504
4401
4000
4013
4820
3909
4808
2913
4600
5057
3503
4000
3301
2800
3303
3102
4611
3304
3209
3900
3601
3305
5008
4008
3508
2904
2914
3100
3304
3609
2919
4300
2811
4714 3102
4404
2800
4514
5004
3409
3113
2705
4209
2908
2904
3301
4302
4205
4402
3405
4009
4311
4001
4515
3303
4204
3903
4905
4017
5000
3401
3408
3022
3901
3909
4701
3200
3406
2808
4601
3404
3408
4712
3401
5002
4000
3000
3134
3300
4702
4200
4704
4903
4708
3404
5004
4101
4101
3101
2709
3903
3303
4201
3609
3104
3612
4704
3908
3407
42073024
3301
3925
5000
3401
3205
4602
3001
2708
5008
3102
4100
4205
4307
4901 4901
4303
3608
3905
3408
4510
3303
3205
4906
3933
4900
3500
3201
2918
4700
3531
4515
2900
3305
4901
3403
4827
3101
3004
4008
2908
2909
3410
3501
3013
3300
3917
5020
4505
4904
3519
4800
3400
4902
3203
3900
4704
3205
4001
4202
2800
4313
3401
5060
3700
3409
4819
30082900
3403
3204
3020
5036
3509
3829
3005
3303
3909
4004
3407
4201
3202
3207
4908
4907
2910
4305
3400
2921
3404
4190
4900
4005
4406
4904
5012
3905
2703
3612
3304
4101
4201
3403
3301
3403
4012
3612
4905
3830
3701
4102
4101
3408
3505
3405
3013
4613
2906
2909
2906
4801
4612
3302
5008
2904
2912
3016
3604
3114
4306
4104
3301
5069
5009
2913
5005
3100
5048
3106
4905
5013
4700
3205
3412
4104
5005
3406
3605
3407
3400
4401
3204
5005
3901
4009
4301
4305
4100
4208
3004 3204
4515
3411
4308
3300
4808
3100
5005
4205
3511
4713
4013
2909
3302
3302
3411
5050
3609
4710
4806
5005
4906
5000
4610
2907
4905
3000
4704
4310
3203
4802
4007
4205
4805
4005
3302
3207
4503
3401
5024
4711
3400
5004
4304
4405
4812
3122
4006
3409
3300
4001
4905
3100
33034616
3507
4001
4102
4202
4903
2920
3505
4709
2804
4802
3206
3302
3401
2900 5001
4603
4102
4301
5052
4906
3120
4605
2904
3406
3202
2905
4615
3403
4803
5044
3400
3506
3613
4103
3203
2908
2908
3128
3009
3304
4104
3129
2912
4804
3004
3301
4709
3901
4615
5001
2803
4306
3001
3907
4313
3908
4005
4809
4203
4314
4406
3501
3500
2905
4003
4303
3200
3503
4300
5052
5053
3613
3917
3405
4200
3200
3402
4400
3805
5061
4832
3102
3202
3904
4708
5000
4904
3300
5003
3905
4608
4824
3506
3003
3301
3905
3605
4009
3301
3305
5001
2908
3608
4904
4608
3908
4606
3411
3305
4800
4009
5002
5009
4506
4207
4705
5000
3605
4835
3104
2802
4204
3203
3200
3929
4701 4703
3102
3402
3001
2807
3404
3604
4100
3809
4601
4707
5000
2911 3001
3126 3136
3200
5101
3904
3103
3403
4701
3101
3201
4303
4800
5003
2901
3304
2803
3901
5009
2704
4605
4205
2912
4803
3103
4304
3523
3410
3203
5013
5004
5056
3409
4901
4408
4307
4802
5028
4312
4413
4711
3613
3100
3005
4705
3111
3206
3403
5012
3408
4617
4003
5064
3900
4900
5004
3609
3302
3104
3502
3913
2800
3908
4108
4708 3100
4504
3205
4800
3009
4836
2707
4803
3407
3205
4504
4900
3105
3305
3000
2800
4410
4105
3206
4305
2900
2903
4401
3201
3937
2715
4804
3301
2705
2800
4905
4004
4013
3504
4804
5017
4904
3118
3001
3203
3103
5004
3402
4609
4604
3100
3109
2804
DE
E
P
W
O
O
D
R
D
AU
B
U
R
N
D
A
L
E
A
V
E
W
I
N
E
W
O
O
D
C
T
SH
A
D
Y
C
R
E
E
K
L
N
CUMBERLA
N
D
C
T
SCARBORO
U
G
H
L
N
E
AMBERLEY CT
GLENDAL
E
D
R
GR
E
E
N
O
A
K
S
D
R
WAYSIDE DR
CAMBRIDGE CT
BLACKJACK OAK DR
CARISBROOKE CT
WILTON WO
O
D
S
C
T
OV
E
R
H
I
L
L
D
R
SCARBOROUGH LANE CT CH
R
I
S
M
A
C
W
A
Y
O
X
F
O
R
D
C
T
EV
E
R
S
H
A
M
C
T
SHER
W
O
O
D
L
N
COTSWOLD CTPAR
K
V
I
E
W
C
T
HICKORY HILL LN
LAUREN'S P
L
LE
X
I
N
G
T
O
N
P
K
W
Y
LAKESIDE DR
LANGLEY HILL LN
SU
M
M
I
T
H
I
L
L
C
T
WOODLAND HEIGHTS CIR
SHUMARD OAK LN
CR
O
S
S
G
A
T
E
C
I
R
E
QUEENSBURY WAY CT
PO
S
T
O
A
K
T
R
L
WINEWOOD PL
WE
S
T
G
R
O
V
E
L
N
SH
E
R
W
O
O
D
L
N
CROSSGATE CIR N
HE
R
I
T
A
G
E
A
V
E
HE
R
I
T
A
G
E
O
A
K
S
D
R
OL
D
O
A
K
L
N
G
A
T
E
W
A
Y
C
T
HE
R
I
T
A
G
E
A
V
E
B
E
C
K
L
E
Y
C
T
EATON CIR
MIDDLETON WAY
EASTONBU
R
Y
C
T
ME
L
R
O
S
E
P
A
R
K
D
R
W GLA
D
E
R
D
ST ALBANS CIRMEADOWVIEW CT
AL
L
E
N
D
A
L
E
S
T
BO
W
D
E
N
H
I
L
L
L
N
E
QU
E
E
N
S
B
U
R
Y
W
A
Y
E
SHADY
W
O
O
D
L
N
PEMBROOKE PKWY S
SC
A
R
B
O
R
O
U
G
H
L
N
W
RO
B
E
R
T
S
R
D
MEAN
D
E
R
I
N
G
W
A
Y
S
P
R
I
N
G
H
O
L
L
O
W
S
T
PE
M
B
R
O
O
K
E
P
K
W
Y
W
SHENANDOAH PL
PR
E
S
T
W
I
C
K
D
R
QUEENSBURY WAY W
GLADE RD
MA
R
T
I
N
P
K
W
Y
JA
C
K
S
O
N
R
D
COPPERGLEN CIR
BOWDEN HILL LN N
MEADOWVIEW DR
ST
R
A
T
H
M
O
R
E
T
E
R
MELR
O
S
E
P
A
R
K
C
T
WEXFORD CT
MA
R
T
I
N
D
R
WI
L
D
W
O
O
D
C
T
PEMBROOKE PKWY N
CROSSGATE CIR S
WINDSOR
C
T
JACKSON CT
Ü
SubjectProperty
Legend
200 ft buffer
Properties within 200 ft buffer
City Limit Boundary
City of Euless
City of Bedford
Buffer Map
Owner Name Owner Address Owner CityOwner StateOwner ZipSitus Address
3798 GLADE INVESTMENT LTD PO BOX 1901 COLLEYVILLE TX76034 005064 COPPERGLEN CIR
AKERS, THOMAS R & DIANE AKERS4003 BOWDEN HILL LN E COLLEYVILLE TX76034 004003 BOWDEN HILL LN E
ALEXANDER, SCOTT ETUX BECKY 3411 LANGLEY HILL LN COLLEYVILLE TX76034 003411 LANGLEY HILL LN
AMERSON, ALBERT E III ETUX STA4206 LEXINGTON PKWY COLLEYVILLE TX76034 004206 LEXINGTON PKWY
ANDREWS, LANCE ETUX MARY 4001 BOWDEN HILL LN E COLLEYVILLE TX76034 004001 BOWDEN HILL LN E
ARMS, JOHN W 3609 AMBERLEY CT COLLEYVILLE TX76034 003609 AMBERLEY CT
BARNARD, WILLIAM H ETUX COLENE3613 WEXFORD CT COLLEYVILLE TX76034 003613 WEXFORD CT
BARNGROVER, CARL A ETUX4205 LEXINGTON PKWY COLLEYVILLE TX76034 004205 LEXINGTON PKWY
BARON, DOUG ETUX SHARON K3402 CAMBRIDGE CT COLLEYVILLE TX76034 003402 CAMBRIDGE CT
BARR, TERRY ETUX THERESA3612 COTSWOLD CT COLLEYVILLE TX76034 003612 COTSWOLD CT
BOSTICK, JAMES D ETUX KRISTINA 3909 BOWDEN HILL LN E COLLEYVILLE TX76034 003909 BOWDEN HILL LN E
BRADFORD, RICHARD H & LAVONNE3209 WALKER PL GRAPEVINE TX76051005005 COPPERGLEN CIR
CARLISLE, VINECE ETVIR THOMAS4306 CHRISMAC WAY COLLEYVILLE TX76034 004306 CHRISMAC WAY
CHILES, STEPHEN ETUX L GREGORY 4202 LEXINGTON PKWY COLLEYVILLE TX76034 004202 LEXINGTON PKWY
CLEGG, FRANCIS L ETUX DORIS M3403 CAMBRIDGE CT COLLEYVILLE TX76034 003403 CAMBRIDGE CT
COHEN, ANDREW R ETUX MIRIAM A3503 PEMBROOKE PKWY S COLLEYVILLE TX76034 003503 PEMBROOKE PKWY S
COLLEYVILLE ASSOC HERITAGE OAK 545 E JOHN CARPENTER FWY #1500 IRVING TX75062005030 HERITAGE OAKS DR
COPPERGLEN HOA INC PO BOX 1901 COLLEYVILLE TX76034 005001 COPPERGLEN CIR
CRUMP, EDWARD J ETUX KAY M3404 PEMBROOKE PKWY S COLLEYVILLE TX76034 003404 PEMBROOKE PKWY S
DANA, FARID 3501 PEMBROOKE PKWY S COLLEYVILLE TX76034 003501 PEMBROOKE PKWY S
DANNER, DELYLE JE ETUX REBECCA 4005 BOWDEN HILL LN E COLLEYVILLE TX76034 004005 BOWDEN HILL LN E
DUCIC, KIMBERLY A 5065 COPPERGLEN CIR COLLEYVILLE TX76034 005065 COPPERGLEN CIR
ELDRIDGE, DEAN 4102 LEXINGTON PKWY COLLEYVILLE TX76034 004102 LEXINGTON PKWY
FROST, HOWARD M ETUX RENA 5009 COPPERGLEN CIR COLLEYVILLE TX76034 005009 COPPERGLEN CIR
GAUNTT, JANICE A 4105 LEXINGTON PKWY COLLEYVILLE TX76034 004105 LEXINGTON PKWY
GAVALAK, K A ETUX GLADYS M4203 LEXINGTON PKWY COLLEYVILLE TX76034 004203 LEXINGTON PKWY
GODBEY, NEIL A 9249 DICKSON RD FORT WORTH TX76179003612 WEXFORD CT
GREENWAY GLADE PARTNERS LP2808 FAIRMOUNT ST STE 100 DALLAS TX75201003900 GLADE RD
HARLOW, KATHRYN ETVIR FLOYD4007 BOWDEN HILL LN E COLLEYVILLE TX76034 004007 BOWDEN HILL LN E
HARRINGTON, R G & D SMITH EXEC4000 HERITAGE AVE COLLEYVILLE TX76034 002800 HERITAGE AVE
HARRINGTON, R G & DOROTHY EXEC4000 HERITAGE AVE COLLEYVILLE TX76034 002800 HERITAGE AVE
HARTNETT, STEPHEN P EST 1301 MUNICIPAL WAY STE 250 GRAPEVINE TX76051004500 WINEWOOD CT
HEAD, RODNEY ETUX GINA M3613 WINEWOOD PL COLLEYVILLE TX76034 003613 WINEWOOD PL
HOHERTZ, MICHAEL ETUX MARIE3411 BOWDEN HILL LN N COLLEYVILLE TX76034 003411 BOWDEN HILL LN N
HUBER, EMERY C ETUX ANASTASIA3501 CAMBRIDGE CT COLLEYVILLE TX76034 003501 CAMBRIDGE CT
JACKSON, PAUL K ETUX KRISTINE4204 LEXINGTON PKWY COLLEYVILLE TX76034 004204 LEXINGTON PKWY
JUDKINS, STEPHEN ETUX MARIE R4305 LEXINGTON PKWY COLLEYVILLE TX76034 004305 LEXINGTON PKWY
KENZIE, NATALIE A ETVIR JOHN W4207 LEXINGTON PKWY COLLEYVILLE TX76034 004207 LEXINGTON PKWY
LAPPO, CYNTHIA L 3903 BOWDEN HILL LN E COLLEYVILLE TX76034 003903 BOWDEN HILL LN E
LENAMON, PAMELA ANN 4318 PEMBROOKE PKWY N COLLEYVILLE TX76034 004318 PEMBROOKE PKWY N
LI, HAOCHUAN ETUX MEI HAN4313 PEMBROOKE PKWY N COLLEYVILLE TX76034 004313 PEMBROOKE PKWY N
LINCOLN, KATHLEEN K 4101 LEXINGTON PKWY COLLEYVILLE TX76034 004101 LEXINGTON PKWY
MALONE, SUSAN FRAN 4605 WINEWOOD CT COLLEYVILLE TX76034 004609 WINEWOOD CT
MALONE, SUSAN GENTRY 4605 WINEWOOD CT COLLEYVILLE TX76034 004605 WINEWOOD CT
MCCLUNEY, C & AMOS MCCLUNEY 4200 LEXINGTON PKWY COLLEYVILLE TX76034 004200 LEXINGTON PKWY
MCKINNEY, JAMES E ETUX DEANNA 4303 LEXINGTON PKWY COLLEYVILLE TX76034 004303 LEXINGTON PKWY
MILLER, DEBRA 5028 HERITAGE OAKS DR COLLEYVILLE TX76034 005028 HERITAGE OAKS DR
MILLER, MICHAEL B ETUX SHANNON3609 WEXFORD CT COLLEYVILLE TX76034 003609 WEXFORD CT
OTTO, CLEMENT W ETUX MARY P3412 MIDDLETON WAY COLLEYVILLE TX76034 003412 MIDDLETON WAY
PITTS, WALLACE J ETUX SHARI G3612 AMBERLEY CT COLLEYVILLE TX76034 003612 AMBERLEY CT
RALEY RAILROAD LLC 3500 CAMBRIDGE CT COLLEYVILLE TX76034 003500 CAMBRIDGE CT
RAMSEY, ROBERT RAY 4100 LEXINGTON PKWY COLLEYVILLE TX76034 004100 LEXINGTON PKWY
RKPKEM LLC 2030 GLADE RD STE 204 GRAPEVINE TX76051003809 GLADE RD
ROUTEN, RODNEY C ETUX PATRICIA3609 COTSWOLD CT COLLEYVILLE TX76034 003609 COTSWOLD CT
SAINT MARY'S ROMANIAN ORTH CH3801 GLADE RD COLLEYVILLE TX76034 003801 GLADE RD
SCHEU, DENNIS J ETUX CATHY 3608 WINEWOOD PL COLLEYVILLE TX76034 003608 WINEWOOD PL
SCHIDE, JAMES ETUX SHARONPO BOX 697 COLLEYVILLE TX76034 004201 LEXINGTON PKWY
SCOTT, LARRY P & LAURIE A LLC1915 YORKSHIRE CT LINCOLN NE68506003830 GLADE RD
SHUTTLE CONSULTING LIMITED3612 WINEWOOD PL COLLEYVILLE TX76034 003612 WINEWOOD PL
SILVERMAN, DONALD ETUX JOY PO BOX 610735 DALLAS TX75261003411 MIDDLETON WAY
SOHN, TAESIK ETUX KYU NAM SOHN3608 AMBERLEY CT COLLEYVILLE TX76034 003608 AMBERLEY CT
SPEIGHT CONSTRUCTION LTD5137 DAVIS BLVD NORTH RICHLAND HILLS TX76180005060 COPPERGLEN CIR
STOVALL, SCOTT ETUX CHRISTI P3905 BOWDEN HILL LN E COLLEYVILLE TX76034 003905 BOWDEN HILL LN E
STUMPF, JOHN ETUX DENISE3609 WINEWOOD PL COLLEYVILLE TX76034 003609 WINEWOOD PL
SUBLETT, CHAS L ETUX DELORES C 3608 WEXFORD CT COLLEYVILLE TX76034 003608 WEXFORD CT
TAYLOR, JANA AKERS 3608 COTSWOLD CT COLLEYVILLE TX76034 003608 COTSWOLD CT
TAYLOR, MARY ETVIR KENNETH RAY4307 LEXINGTON PKWY COLLEYVILLE TX76034 004307 LEXINGTON PKWY
TERRA MANNA CREEKSIDE LLC395 STATE HWY 114 STE 300 SOUTHLAKE TX76092003805 GLADE RD
THEISS, EDWARD ETUX PATRICIA4103 LEXINGTON PKWY COLLEYVILLE TX76034 004103 LEXINGTON PKWY
Notification List
TORBATIAN, EBRAHIM ETUX J1305 CHESAPEAKE DR PLANO TX75093004301 LEXINGTON PKWY
TRAN, TAM THI 3613 AMBERLEY CT COLLEYVILLE TX76034 003613 AMBERLEY CT
VON STORCH, KENNETH ETUX DEBRA 5005 OVERHILL DR COLLEYVILLE TX76034 004009 BOWDEN HILL LN E
VOTAW, ROBERT B & INKYUNG SONG 5032 HERITAGE OAKS DR COLLEYVILLE TX76034 005032 HERITAGE OAKS DR
WATSON, RICHARD A & STEPHANIE3410 BOWDEN HILL LN N COLLEYVILLE TX76034 003410 BOWDEN HILL LN N
WITT, ROBERT A ETUX LAURIE E4601 WINEWOOD CT COLLEYVILLE TX76034 004601 WINEWOOD CT
WITT, ROBERT ETUX LAURIE4601 WINEWOOD CT COLLEYVILLE TX76034 004503 WINEWOOD CT
WOEHRLE, SANDRA 3907 BOWDEN HILL LN E COLLEYVILLE TX76034 003907 BOWDEN HILL LN E
WOOD, JERRY W EST & MAURINE5520 DAVIS BLVD NORTH RICHLAND HILLS TX76180003613 COTSWOLD CT
WRIGHT, DAVID R ETUX SELDA3407 PEMBROOKE PKWY S COLLEYVILLE TX76034 003407 PEMBROOKE PKWY S
YU, CHIAO‐CHIN MARK ETUX YUEN3901 BOWDEN HILL LN E COLLEYVILLE TX76034 003901 BOWDEN HILL LN E
ZIEGLER, DAVID C ETUX BLANCHE3410 LANGLEY HILL LN COLLEYVILLE TX76034 003410 LANGLEY HILL LN
WOODLAND HILLS HOA 4100 OXFORD COURT COLLEYVILLE TX76034 Courtesy Notice
PRESTWICK PARK HOA 4912 PRESTWICK DRIVE COLLEYVILLE TX76034 Courtesy Notice
Grapevine‐Colleyville ISD 3051 IRA E. WOODS AVENUE GRAPEVINE TX76092COURTESY NOTICE
City of Euless 201 N. ECTOR DRIVE EULESS TX76039COURTESY NOTICE
City of Bedford 2000 FOREST RIDGE BEDFORD TX76021COURTESY NOTICE
GILCO CONTRACTING, INC.6331 SOUTHWEST BLVD BENBROOK TX76132APPLICANT
Public hearing notices were mailed
Fri., March 14, 2014 by Taci Wrisley
Notification List
Letter of Support
Letter of Opposition
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BEING 13.63 ACRES SITUATED IN THE JOHN H. HAVENS SURVEY, ABSTRACT NO. 685 AND THE ELIZABETH COX SURVEY, ABSTRACT NO. 352 CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS 41 RESIDENTIAL LOTS - 2 COMMERCIAL LOTS - 6 COMMON AREAS BLOCK 1, LOTS 1-12; BLOCK 2, LOTS 1-11; BLOCK 3, LOTS 1-16;BLOCK 4, LOTS 1-2; BLOCK 5, LOT 1 COMMON AREA LOTS OS-1 THRU OS-6 MARCH, 2013PRELIMINARY PLAT OF PLANNER:SAGE GROUP, INC.1130 N. CARROLL AVE., STE. 200 SOUTHLAKE, TX 76092 (817) 424-2626ENGINEER:DEOTTE, INC.395 W. STATE HIGHWAY 114, STE. 400 SOUTHLAKE, TX 76092 (817) 421-8600PREPARED FOR:TERRA/MANNA, L.L.C.395 W. STATE HIGHWAY 114, STE. 300 SOUTHLAKE, TX 76092 (817) 410-9201Creekside at Colleyville OWNER - PROPERTY #2:SAMUEL HARRINGTON 2760 FULLER-WISER EULESS, TX 76039OWNER - PROPERTY #1:RANDY & CAROL PETTY 176 COUNTRY RD. 4680 BOYD, TX 76023HWY. 121 GLADE RD.COLLEYVILLE BLVD.HALL JOHNSON RD.CHEEK SPARGER RD.HERITAGE AVE.BROWN TR.POOL RD.JACKSON RD.MARTIN PKWY.VICINITY MAP (NTS)
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Site Data Summary Chart Single Family Residential Lots Commercial Lots Common Areas COMMERCIAL Commercial Sites Commercial Open Space Esmts. (0.60 ac.)RESIDENTIAL Residential Lots Open Space R.O.W.R.O.W. Dedication (on Heritage)Total Residential GROSS AREA Residential Lot Summary Residential Lots Minimum Building Lot Area Average Building Lot Area Common Areas415,581 s.f.7,235 s.f.641 2 6 2.79 ac. 6.81 ac. 1.62 ac. 2.14 ac. 0.27 ac.10.84 ac.13.63 AC.L.U.D. / Zoning Existing Zoning:Proposed Zoning:PUD-R PUD-R 3-4-2013
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Application
Application
Application
TCEQ 10319 (11/07/2011) Page 1
Notice of Intent (NOI) for Discharges from Concrete
Batch Plants under TPDES General Permit TXG110000
IMPORTANT:
• Use the INSTRUCTIONS to fill out each question in this form.
• Use the CHECKLIST to make certain all you filled out all required information.
Incomplete applications WILL delay approval or result in automatic denial.
• Once processed your permit can be viewed at http://www5.tceq.texas.gov/wq_dpa/
APPLICATION FEE:
• You must pay the $ioo Application Fee to TCEQ for the paper application to be complete.
• Payment and NOI must be mailed to separate addresses. See instructions for details.
• Did you know you can pay online?
• Go to https://www6.tceq.texas.gov/epay
• Select Fee Type: GENERAL PERMIT WASTEWATER DISCHARGE APPLICATION
• Provide your payment information below, for verification of payment:
Mailed Check/Money Order No.:
Name Printed on Check:
EPAY • Voucher No.:
• Is the Payment Voucher copy attached? Yes
RENEWAL: Is this NOI a Renewal of an existing General Permit Authorization?
Yes The Permit number is: TXG11
(If a permit number is not provided, a new number will be assigned.)
No
1) OPERATOR (Applicant)
a) If the applicant is currently a customer with TCEQ, what is the Customer Number (CN) issued
to this entity? You may search for your CN
at: http://www12.tceq.texas.gov/crpub/index.cfm?fuseaction=cust.CustSearch
CN 600434427
b) What is the Legal Name of the entity (applicant) applying for this permit?
Gilco Contracting, Inc
(The legal name must be spelled exactly as filed with the Texas Secretary of State, County, or
in the legal document forming the entity.)
c) What is the name and title of the person signing the application? The person must be an
executive official meeting signatory requirements in TAC 305.44(a).
Prefix (Mr. Ms. Miss): Mr.
First/Last Name: Dale Gilreath Suffix:
Title: President Credential:
Application
Application
Application
Application
ORDINANCE 0-07-1645
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF APPROXIMATELY 108.5 ACRES OUT OF THE
ELIZABETH COX SURVEY, ABSTRACT 352, THE JOHN H. HAVENS SURVEY,
ABSTRACT 685, THE JESSE DOSS SURVEY, ABSTRACT 441, AND THE S.C.H.
WITTEN SURVEY, ABSTRACT 1734, FROM THE AG-AGRICULTURAL ZONING
DISTRICT TO PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING
DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning under
Case No. Z-07-008; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new zoning
ordinance; and
. WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original zoning districts and
appropriate regulations be enforced therein and to recommend a new
zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts
and has prepared regulations pertaining to such districts in accordance
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, and other dangers; to promote
health, general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable consideration
to, among other things, the character of the districts and their peculiar
suitability for particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout
the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City
of Colleyville City Council, in compliance with the Charter of the City of
Colleyville, and State Law with reference to changes to zoning
classifications under the Zoning Ordinance Regulations and Zoning Map,
having given the requisite notices by publication and otherwise, and after
Ordinance 0-07-1645
Page 2 of6
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.
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 by reference
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 changing the zoning on
108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H.
Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and
the S.C.H. Witten Survey, Abstract 1734 from the AG-Agricultural zoning
district to PUDR-Planned Unit Development Residential zoning district, as
depicted on Exhibit "A" labeled Location and Zoning Map and as described
on Exhibit "B" labeled Legal Description.
THAT the Official Zoning Map of the City of Colleyville be amended to
incorporate the zoning change approved herein.
THAT the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. The purpose of this PUDR is for a single-family residential
development of detached dwelling units, constructed at a gross
maximum density of 2.4 dwelling units per acre. There shall be no
more than 269 single-family residential lots.
b. Commercial lots shall be permitted along the frontage of Heritage
Avenue.
c. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where specifically
amended by this Ordinance.
2. CONCEPTUAL PLAN. SITE PLAN. AND PLATTING
a. The development shall be generally consistent with this Ordinance
and the Conceptual Site Plan, labeled as Exhibit "C", which shall not be
Ordinance 0-07-1645
Page 3 of6
considered a plat. The developer shall submit and receive approval
from the City for any amendment to the Site Plan in accordance with
the phasing of the development of any portion of this PUDR. A detailed
Site Plan submission shall, at a minimum, meet the requirements of
Section 3.23 J.K.6. of the Land Development Code, be consistent with
this Ordinance, and may also be required to show additional conditions
provided in Section 3.23 M.b. of the Land Development Code. Further,
such detailed site plan(s) shall be considered as a legislative approval,
subject to the sole discretion of the City Council upon the
recommendation of the Planning and Zoning Commission.
b. The developer shall submit and receive approval from the City, a
Preliminary and Final Plat in accordance with the requirements of
the Land Development Code prior to development of this PUDR.
3. PERMITTED USES
a. Single-family residences, detached.
b. All commercial properties shall allow only uses permitted in the
following zoning districts that are; (1) either State of Texas sales tax
generating businesses, or (2) professional offices: CN-
Neighborhood Commercial zoning district, the CC1-Village Retail
zoning district and the CC2-Shopping Center zoning district.
4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Residential lot requirements and setbacks shall comply with the following
provisions. Planning Area "A" refers to lots adjacent to western property
line.
Planning Area "A"
a. Minimum Lot Size
b. Minimum Lot Width
c. Minimum Lot Depth
d. Front Building Line
e. Side Building Line
f. Rear Building Line
g. Maximum Building Height
h. Maximum Lot Coverage
9,000 square feet
70 feet
120 feet
20 feet; or 15 feet for a front
swing garage
5 feet
30 feet
40 feet
65%
Planning Area "B"
a. Average Lot Size
b. Minimum Lot Size
c. Minimum Lot Width
d. Minimum Lot Depth
e. Front Building Line
f. Side Building Line
g. Rear Building Line
h. Maximum Building Height
i. Maximum Lot Coverage
5. OPEN SPACE AND LANDSCAPE BUFFER
Ordinance 0-07-1645
Page 4 of6
5,500 square feet
5,000 square feet
50 feet
105 feet
20 feet; or 15 feet for a front
swing garage
0, 1 or 9 feet with a 10 foot
minimum between buildings
10 feet
40 feet
65%
a. A 10 foot wide landscape buffer shall be designated along the entire
western property line. No structures may be constructed within the
landscape buffer. The landscape buffer shall be incorporated in the
rear lots of Planning Area "A". Such landscape buffer shall is not an
open space lot. Chapter 5 of the Land Development Code applies to
this landscape buffer in particular and the development as a whole. In
addition, the Section 5.9 Tree Replacement Requirements shall apply
to any replacement tree greater than three (3) inches in diameter
which is substantially damaged or which dies within two (2) years of
final inspection.
b. Open space lots shall be maintained by the Homeowners Association.
c. The following amenities are permitted in the open space lots: picnic
tables, benches, playground equipment, concrete and crushed granite
walking paths, a gazebo, an arbor, other garden type built elements
including a fireplace, fountains, lights and a dock and pier. These
amenities shall be owned and maintained by a homeowners
association.
6. PRIVATE SIDEWALKS AND STREETS
a. A ten (10) foot wide concrete trail approximately 1.2 miles long shall
be constructed on-site along with all other public improvements as
part of this development between Glade Road and Cheek Sparger
Road and prior to the time of Final Plat. The City Manager or his
designee may approve a reduced trail width of eight (8) feet if
necessary based upon topographic, landscape, or other issues. Such
trail shall be included as part of any Site Plan submittal, and shall be
consistent with the City's then existing Master Trail Plan.
Sec. 5.
Sec. 6.
Sec. 7.
7. SCREENING
Ordinance 0-07-1645
Page 5 of6
a. An eight (8) foot masonry wall shall be built between any commercial
and residential lots.
b. An eight (8) foot masonry wall shall be built along the perimeter of the
subdivision along Heritage Avenue, Glade Road and Cheek Sparger
Road. The design for such wall shall be stamped and sealed by a
licensed engineer. The standards and detail for such wall shall be
included as part of the detailed Site Plan.
c. Perimeter fencing along Heritage Avenue shall only be required
immediately adjacent to lots, and not be required along where
floodplain or open space is adjacent to Heritage Avenue.
8. OTHER
a. Ingress and Egress from Winewood Place shall be restricted to
access by emergency vehicles only.
b. The number of lots allowed with frontage on a cul-de-sac street shall
adhere to the requirements of the Land Development Code.
c. The portion of the development located south of Little Bear Creek
shall have a minimum of two (2) points of public vehicular ingress and
egress from Cheek Sparger Road and/or Heritage Avenue.
d. There shall be no direct access onto Glade Road from this
development.
e. There shall be no single family uses allowed adjacent to Heritage
Avenue where there are, as of the passage of this ordinance, existing
commercial uses directly across Heritage Avenue within the City of
Euless.
f. Retaining walls that are adjacent to residential lots shall be
constructed with a stone facade.
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 specifically amended
herein.
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.
THAT if any section, paragraph, subdivision, clause, phrase or provision of
Exhibit "A" Location and Zoning Map
Exhibit "B" Legal Description
CREEKSIDE AT COLLEYVILLE (PUD-R)
108.5 ACRE ZONING TRACT
BEING A 108.5 ACRE TRACT OF LAND SITUATED IN THE ELIZABETH COX
SURVEY, ABSTRACT NO. 352, THE JOHN H. HAVENS SURVEY, ABSTRACT
NO. 685, THE JESSE DOSS SURVEY, ABSTRACT NO. 441 AND THE S.C.H.
WITTEN SURVEY, ABSTRACT NO. 1734, CITY OF COLLEYVILLE, TARRANT
COUNTY, TEXAS. SAID 108.5 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT NEAR THE INTERSECTION OF THE CENTERLINE OF
GLADE ROAD AND THE INTERSECTION OF;
THENCE S 09°46'23" W, OVER AND ACROSS SAID GLADE ROAD AND
HERITAGE AVENUE, A DISTANCE OF 99.73 FEET TO A POINT FOR CORNER IN
THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF SAID HERITAGE AVENUE;
THENCE ALONG THE EAST LINE OF SAID HERITAGE AVENUE THE
FOLLOWING COURSES AND DISTANCES;
Page I of 3
S 12°21'40" W, A DISTANCE OF 447.71 FEET TO A POINT FOR CORNER;
S 05°25'11" W, A DISTANCE OF 195.30 FEET TO A POINT FOR CORNER;
S 04°21'00" W, A DISTANCE OF 720.00 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
27°31'41 ", A RADIUS OF 1121.05 FEET, AN ARC LENGTH OF 538.62 FEET,
A CHORD BEARING OF S 17°31'00" W, AND A CHORD LENGTH OF
533.45 FEET TO A POINT FOR CORNER;
S 30°41'03" W, A DISTANCE OF 515.89 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 15°51'46",
A RADIUS OF 2840.34 FEET, AN ARC LENGTH OF 786.37 FEET, A
CHORD BEARING OF S 22°45'00" W, AND A CHORD LENGTH OF 783.86
FEET TO A POINT FOR CORNER;
S 14°48'57" W, A DISTANCE OF 308.22 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 16°05'15",
A RADIUS OF 1407.20 FEET, AN ARC LENGTH OF 395.12 FEET, A
CHORD BEARING OF S 06°46'30" W, AND A CHORD LENGTH OF 393.82
FEET TO A POINT FOR CORNER;
S 00°46'00" E, A DISTANCE OF 772.57 FEET TO A POINT FOR CORNE~ECEIVED
FEB 0 6 2007
1:\SLD\02421300\SOA TA \ZONING.doc
,
Per •••..•• : • .....-0.
ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
70°04'32", A RADIUS OF 843.50 FEET, AN ARC LENGTH OF 1 031.64 FEET,
A CHORD BEARING OF S 33°59'27" W, AND A CHORD LENGTH OF
968.53 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE
NORTH R.O.W. LINE OF CHEEK SPARGER ROAD;
THENCE S 89°18'56" W, ALONG THE NORTH R.O.W. LINE OF SAID CHEEK
SPARGER ROAD, A DISTANCE OF 437.70 FEET TO A POINT FOR THE
SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PACEL lIN
DEED TO SPARGER FAMILY LIMITED PARTNERSHIP RECORDED IN VOLUME
16472, PAGE 390 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS
(D.R.T.C.T.);
THENCE N 00°01 '23" W, ALONG THE WEST LINE OF SAID PARCEL 1, A
DISTANCE OF 2658.46 FEET TO A POINT FOR THE NORTHWEST CORNER OF
SAID PARCEL 1;
THENCE S 89°02'53" E, ALONG THE NORTH LINE OF SAID TRACT 1, A
DISTANCE OF 549.10 FEET TO A POINT FOR CORNER;
THENCE LEAVING THE NORTH LINE OF SAID PARCEL 1 THE FOLLOWING
COURSES ANI> DISTANCES;
N 44°32'16" E, A DISTANCE OF 504.74 FEET TO A POINT FOR CORNER;
S 58°08'37" E, A DISTANCE OF 82.37 FEET TO A POINT FOR CORNER IN
THE WEST LINE OF A CALLED 136.34 ACRE TRACT OF LAND
DESCRIBED IN DEED TO SP ARGER FAMILY LIMITED PARTNERSHIP
PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED
RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.);
THENCE N 00°39'20" E, ALONG SAID WEST LINE, A DISTANCE OF 541.65 FEET
TO A POINT FOR CORNER;
THENCE N 00°15'08" E, A DISTANCE OF 443.19 FEET TO A POINT FOR
CORNER;
THENCE N 00°28'33" W, A DISTANCE OF 1306.92 FEET TO A POINT FOR
CORNER;
THENCE S 89°50'41" E, A DISTANCE OF 344.46 FEET TO A POINT FOR CORNER;
THENCE N 00°09'51" W, A DISTANCE OF 225.22 FEET TO A POINT FOR
CORNER;
Page 2 00
1:\SLO\o2421300\sOATA\zONING.doc
THENCE N 88°42'20" E, A DISTANCE OF 22.07 FEET TO A POINT FOR CORNER;
THENCE S 00°27'31" E, A DISTANCE OF 28.94 FEET TO A POINT FOR CORNER~
THENCE N 89°23'34" E, A DISTANCE OF 195.12 FEET TO A POINT FOR
CORNER;
THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF
13°35'47", A RADIDS OF 1587.18 FEET, AN ARC LENGTH OF 376.64 FEET, A
CHORD BEARING OF S 84°20'11" E, AND A CHORD LENGTH OF 375.76 FEET
TO A POINT FOR CORNER;
THENCE S 76°13'22" E, A DISTANCE OF 105.52 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 108.5 ACRES OF LAND, MORE OR LESS.
Page 3 00
1:\SLD\02421300\SDA TA \zONING. doc
ORDINANCE 0-13-1866
AN ORDINANCE AMENDING ORDINANCE 0-07-1645 CONDITIONS;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council approved Ordinance 0-07-1645 on November
27, 2007, to establish the zoning of 108.5 acres out of the
Elizabeth Cox Survey, Abstract 352, The John H. Havens
Survey, Abstract 685, the Jesse Doss Survey, Abstract 441,
and the S.C.H. Witten Survey, Abstract 1734 under case 207-
0008; and
WHEREAS, theapplicant has requested an amendment to Ordinance 0-07-
1645 to further amend the commercial zoning requirements at
the southwest corner of Glade Road and Heritage Avenue; to
amend the trail location requirementswithin the development;
and to submit a detailed site plan for 14.75 acres of the
development per the requirements of Section 4(2)a under
Ordinance 0-07-1645, under Case ZC12-031; 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 ZoningCommission 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; tosecure 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
rr
Ordinance 0-13-1866
Page 2 of 5
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, thecharacterofthe
districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville
and the City of Colleyville City Council, in compliance with the
Charter of the City of Colleyville, and state law with reference
to changes to zoning classifications under the Zoning Ordinance
Regulations and Zoning Map, having given the requisite notices
by publication and otherwise, and after holding due hearings
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
affected areaand in the vicinitythereof, thegoverning body of
the City of Colleyville is of the opinion that saidchange in
zoningshould 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 theirentirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
amending Ordinance 0-07-1645 conditions.
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 developmentrequirements on 108.5
acres out of the Elizabeth Cox Survey, Abstract 352, the John H.
Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract
441, and the S.C.H. Witten Survey, Abstract 1734 as depicted on
theattachedExhibit "A".
Sec. 4. 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.
Ordinance 0-13-1866
Page 3 of 5
Sec. 5. THAT the above described tract of landshall be subject to the
following conditions:
1. DETAILED SITE PLAN REQUIREMENT
a. Exhibit "B" shall be deemed to satisfy the site plan
requirementsof Ordinance 0-07-1645 Section 4(2)a. A full
size copy of the site plan shall be kept on file in the
Community Development Department until the finalplat is
approved, at which time a copy of the detailed site plan shall
be kept in the plat file for this development. The phase one
final plat shall be consistent with Exhibit "B".
b. The remainder of the subject property within this PUD shall
be requiredto submit a detailed site plan per Section 4(2)a of
Ordinance 0-07-1645 prior to the submission of a final plat.
2. GENERAL AMENDMENTS
a. Sections 4(8) "d" and "e" of Ordinance 0-07-1645are hereby
deleted.
b. The maximum building height in thisdevelopment shall not
exceed 35 feet.
c. The ten (10) foot wide concrete trail shown as Trail 24 on the
2005 City of Colleyville Pathways Plan map shall be
constructed by the developer along thewest side of Heritage
Avenue prior to the acceptance of public improvements. Trail
24 must connect to all other trails noted on the 2005
Colleyville Pathways Plan.
d. This development may be developed as a gated community
with private streets in accordance with Chapter 10-Private
Streets and Gate Entrances of the Land Development Code.
e. The developer shall improve Heritage Avenue where it ispp9
adjacent to the development to the current standards of the
Land Development Code and the Master Thoroughfare Plan at
the time of development of the adjacent property. There
shall be no option to escrow said construction costs as a
perimeter street fee for future roadway improvements.
Ordinance 0-13-1866
Page 4 of 5
Sec. 6. THAT any person, firm or corporation violating any of the
provisions orterms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance
of the City of Colleyville, and upon conviction shall be punishable
by a fine not to exceed the sum of Two Thousand Dollars
2,000.00) for each offense.
Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the sameshall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid orunconstitutional.
Sec. 8. THAT in addition to and accumulative of all other penalties, the
City shallhave the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 9. THAT all provisions of Ordinance 0-07-1645 and the Land
Development Code shall remain in full force and effect, except
where amended herein.
Sec. 10. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
thatit be given the abovezoning 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 19th day of
February2013.
The second reading and public hearing being conducted on the 5th day of
March 2013.
PASSED AND APPROt by the Cit Cou it of the City of Colleyville,
Texas, on this the day of 2013.
Ordinance 0-13-1866
Page 5 of 5
ATTEST:CITY OF COLLEYVILLE
r
Am elley /Y David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
k\- ,R-4
Matthew C. G. Boyle
City Attorney
Exhibit "A" -Location and Zoning Map
al ilu rl
Exhibit "B" Detailed Site Plan
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ORDINANCE 0-13-1899
AN ORDINANCE AMENDING ORDINANCE 0-07-1645 AND
ORDINANCE 0-13-1866 CONDITIONS AND AMENDING THE OFFICIAL
ZONING MAP AND CHANGING THE ZONING ON 4.4 ACRES LOCATED
IN THE JESSE DOSS SURVEY AT THE NORTHWEST CORNER OF
CHEEK-SPARGER ROAD AND HERITAGE AVENUE FROM THE AG-
AGRICULTURAL DISTRICT TO THE PUD-R-PLANNED UNIT
DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENAL TY OF FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council approved Ordinance 0-07-1645 on November
27, 2007, to establish the zoning of 108.5 acres out of the
Elizabeth Cox Survey, Abstract 352, the John H. Havens
Survey, Abstract 685, the Jesse Doss Survey, Abstract 441,
and the S.C.H. Witten Survey, Abstract 1734 under case Z-07-
008; and
WHEREAS, the City Council approved Ordinance 0-13-1866 on March 5,
2013, amending Ordinance 0-07-1645 conditions and
approving a detailed site plan for phase one of the
development under case ZC12-031; and
WHEREAS, the applicant has requested an amendment to Ordinance 0-07-
1645 and Ordinance 0-13-1866 and requests to rezone 4.4
acres located in the Jesse Doss Survey at the northwest corner
of Cheek-Sparger Road and Heritage Avenue, acquired from
the City of Euless in a boundary adjustment approved under
Ordinance 0-12-1828, so as to incorporate the property into
the PUD authorized by Ordinance 0-07-1645 under Case Z-07-
008 and approve a detailed site plan for phase two of the
development; 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
Ordinance 0-13-1899
Page 2 of 6
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
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 0-07-1645 and Ordinance 0-13-1866.
Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
Ordinance 0-13-1899
Page 3 of 6
changing the zoning of 4.4 acres located in the Jesse Doss
Survey at the northwest corner of Cheek-Sparger Road and
Heritage Avenue from the AG-Agricultural District to the PUD-R-
Planned Unit Development Residential District, as depicted in the
attached Exhibit "A" and described in Exhibit "B".
'
1 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. DETAILED SITE PLAN REQUIREMENT
a. Exhibit "C" shall be deemed to satisfy the site plan
requirements of Ordinance 0-07-1645 Section 4(2)a and
Ordinance 0-13-1866 Section 5(l)b. A full size copy of the
site plan shall be kept on file in the Community Development
Department until the final plat is approved, at which time a
copy of the detailed site plan shall be kept in the plat file for
this development. The phase two final plat shall be
consistent with Exhibit "C".
2.GENERALAMENDMENTS
a. Section 5(2)e of Ordinance 0-13-1866 is hereby deleted.
b. The developer may enter into a City/Developer Agreement
with the City of Colleyville for any required public
improvements, in conjunction with this development. Said
agreement, if submitted, shall be approved and executed
prior to the filing of the final plat for phase two of the
development.
c. Prior to the issuance of a building permit for the 1.9 acre
commercial tract shown at the southwest corner of the
development on Exhibit C, the developer shall submit a
detailed site plan which shall, at a minimum, meet the
requirements of Section 3.23 J.K.6. of the Land Development
Code, be consistent with Ordinance 0-07-1645 and any
subsequent amendments, and may also be required to show
additional conditions provided in Section 3.23 M.b. of the
Land Development Code. Further, such detailed site plan(s)
Ordinance 0-13-1899
Page 4 of 6
shall be considered as a legislative approval, subject to the
sole discretion of the City Council upon the recommendation
of the Planning and Zoning Commission.
d. Section 4(7)b of Ordinance 0-07-1645 is hereby amended to
read as follows: A six (6) foot masonry wall shall be built
along the perimeter of the subdivision along Heritage Avenue,
Glade Road and Cheek Sparger Road. The design for such
wall shall be stamped and sealed by a licensed engineer. The
standards and detail for such wall shall be included as part of
the detailed Site Plan and shall, otherwise, meet the
requirements of the Land Development Code.
e. Except as noted in subsection "d" above and Section 4(7)a
and "c" in Ordinance 0-07-1645, all fences shall be
constructed per Exhibit D.
f. Section 5(2)c of Ordinance 0-13-1866 is hereby amended to
read as follows: The ten (10) foot wide concrete trail shown
as Trail 24 on the 2005 City of Colleyville Pathways Plan map
shall be constructed by the developer along the west side of
Heritage Avenue prior to the acceptance of public
improvements and shall connect to all other trails noted on
the 2005 Colleyville Pathways Plan with the following
exceptions: The developer may escrow the cost of
constructing the trail in lieu of actual construction only for the
portion of the trail that traverses the Little Bear Creek
floodplain. If the developer chooses to escrow said funds, the
developer shall build a minimum four ( 4) foot wide sidewalk
across Little Bear Creek that links the internal sidewalks in
the portion of the development that is south of Little Bear
Creek to the internal sidewalks in the portion of the
development that is north of Little Bear Creek. Said sidewalk
connection shall link to Trail 24 on both sides of Little Bear
Creek within a public pedestrian access easement, which shall
be dedicated on the final plat(s) for the development.
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.
Ordinance 0-13-1899
Page 5 of 6
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
prov1s1on 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 Ordinance 0-07-1645 and Ordinance 0-13-1866 shall
remain in full force and effect, except where amended by this
ordinance.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 3rd day of
December 2013.
The second reading and public hearing being conducted on the 17th day of
December 2013.
PASSED AND APPROJlE;D by the City Council of the City of Colleyville,
Texas, on this the r ~ day of Dt~ 2013.
Exhibit "B" -Legal Description of Property Zoned from
AG-Agricultural to PUD-R-Planned Unit Development
Residential
Being the certain tract of land situated in the J. DOSS SURVEY, Abstract No. 441 and
being a portion of the Ordinance No. 192 to City of Euless and a portion of the tract
described in the deed to Sparger Family limited Partnership as recorded in Volume
16472, Page 390 of Deed Records, Tarrant County, Texas and being more
particularly described as follows:
BEGINNING at a point at the intersection of the Colleyville City Limit and the Bedford
City Limit boundaries from which a 5/8" iron rod found for the southwest corner of
said Sparger tract bears North 69°11 '27" West at 207 .68 feet;
THENCE North 00°07'13" West, 25.16 feet to the beginning of a curve to the left;
THENCE northeasterly with said curve to the left, having a radius of 843.63 feet, a
central angle of 37°42'05", an arc length of 250.26 feet to the apparent intersection
of the north right-of-way of said Cheek Sparger Road and the east right-of-way line
of Heritage Avenue, continuing with said east right-of-way line a total arc length of
1281.93 feet and a long chord of North 42°29'27" East at 1162.08 feet to a 5/8 inch
iron rod found for the end of said curve, same being the merging of the east right-of-
way line of Woodpark Lane;
THENCE South 01°02'49" East with said east right-of-way line of Woodpark Lane,
750.80 feet to the southwest corner of the tract described to Charles A. Hoel, Jr. and
wife, Mary lea Hoel as recorded in Volume 3522, Page 540 of said Deed Records;
THENCE South 89°57'50" East with the south line of said Hoel tract, approximately
38.00 feet to the northwest corner of the tract described to Cheek-Sparger
Properties, LLP., as recorded in Document No. 0206013089 of said Deed Records;
THENCE South 05°10'42" East, 58.85 feet to the beginning of a curve to the right;
THENCE southeasterly with said curve to the right, having a radius of 1058.63 feet, a
central angle of 12°33'23", an arc length of 232.00 feet and a long chord of South
71°31'54" East at 231.54 feet;
THENCE South 65°18'09" East, 4.39 feet to said north City limit line of the City of
Bedford and south City Limit line of the City of Colleyville;
THENCE North 89°52'47" West with said common City Limit line, 1065.70 feet to the
place of beginning and containing 4.438 acres of land, more or less.
ORDINANCE O-14-1913
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, AND CHANGING THE
ZONING OF A 37,500 SQUARE FOOT PORTION OF 108.5 ACRES OUT
OF THE ELIZABETH COX SURVEY, ABSTRACT 352; THE JOHN H.
HAVENS SURVEY, ABSTRACT 685; THE JESSE DOSS SURVEY,
ABSTRACT 441; AND THE S.C.H. WITTEN SURVEY, ABSTRACT 1734,
LOCATED AT THE NORTHWEST CORNER OF HERITAGE AVENUE AND
CHEEK-SPARGER ROAD, BY AUTHORIZING A SPECIAL USE PERMIT
FOR A TEMPORARY CONCRETE BATCH PLANT; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
under Case No. ZC14-006; 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
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
Ordinance O-14-1913
Page 2 of 5
Regulations and Zoning Map, having given the requisite notices
by publication and otherwise, and after holding due hearings
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on a 37,500 square foot portion of 108.5
acres out of the Elizabeth Cox Survey, Abstract 352, the John H.
Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract
441, and the S.C.H. Witten Survey, Abstract 1734, located at the
northwest corner of Heritage Avenue and Cheek-Sparger Road,
by authorizing a Special Use Permit for a temporary concrete
batch plant, as depicted on Exhibit “A,” labeled as Location and
Zoning Map.
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 above described tract of land shall be subject to the
following conditions:
1. HOURS OF OPERATION
a. The hours of operation shall be as follows:
Monday – Saturday: 7:00 a.m. – 6:00 p.m.
b. The temporary concrete batch plant shall be in use for
twenty-one (21) consecutive calendar days from the date
of issuance of the Notice of Intent.
2. PERMITTED USES
a. The temporary concrete batch plant allowed by this Special
Use Permit must be permitted by the Texas Commission on
Ordinance O-14-1913
Page 3 of 5
Environmental Quality for an air quality permit.
b. The Special Use Permit shall meet all state and federal
requirements for concrete batch plants. A copy of the
Storm Water Pollution Prevention Plan (SWPPP or SWP3,
110000), and the Notice of Intent (NOI) must be kept on
the premise.
c. The area boundaries of the temporary concrete batch plant
shall generally conform to the attached, Exhibit “B” labeled
as Zoning Exhibit.
d. The material delivery trucks will be instructed to travel
west on Glade Road to Heritage Avenue; then south along
Heritage Avenue approximately 300 feet to the project
entrance on the west side of Heritage Avenue.
e. The batch plant will be used to provide concrete for no
other project other than Creekside at Colleyville, Phase I.
f. The temporary concrete batch plant must be a minimum of
300 feet from any habitable residence.
g. A notice to proceed will be issued by the Director of Public
Works or designee. The letter will state that the batch plant
shall only be allowed in conjunction with the construction
site for which the permit is issued. This letter will be kept
on site with the TCEQ documentation.
h. The Public Works Director or designee will determine if
additional materials testing will be required. City staff will
determine the testing personnel required and any cost of
testing will be passed on to the applicant.
Sec. 5.
THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Sec. 6. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance
of the City of Colleyville, and upon conviction shall be punishable
by a fine not to exceed the sum of Two Thousand Dollars
Ordinance O-14-1913
Page 4 of 5
($2,000.00) for each offense.
Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 8. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 9. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to permit
its proper development and in order to protect the public
interest, comfort and general welfare, and requires that this
ordinance shall take effect immediately from and after its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted by City Council on the
1st day of April 2014.
The second reading and public hearing being conducted by City Council on
the 15th day of April 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville,
Texas, on this the ________ day of _________________________ 2014.
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
Ordinance O-14-1913
Page 5 of 5
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit A –Location and Zoning Map
Exhibit B–Zoning Exhibit
SPEAKER CARD
Date: y�/
Agenda Item Number:
For example: 5a this
� 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
Name:
i / ,,
� . . - i i i.< ,.. i�i /
I understand I am limited to speaking for five minutes. For agenda items no� listed on the agenda
as a Public Hearing, City Council cannot respond to speakers in accordance'with the Texas Open
Meetings Law, Chapter 551 of the Tex�,s Local Government Code, This includes persons speaking
under the Citizen's Comments section b6 the aae��
Signed:
information is a Public Record
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 6c Agenda Date 04/01/2014 Number Ordinance O-14-1914
Type Ordinance
Department Community Development
Title
Approval of amendments to Chapter 3 - Land Use, Section 3.24.(B)-Schedule of
Permitted Principal Uses and Section 3.24.(D)-Temporary Buildings and Uses, of the
Land Development Code, GC14-006
Explanation
First Reading and Public Hearing
Staff proposes amendments to Chapter 3 - Land Use, Section 3.24(B)-Schedule of
Permitted Principal Uses and Section 3.24(D)-Temporary Buildings and Uses in the
Land Development Code. Currently, temporary asphalt or concrete batch plants are
allowed in all zoning districts with approval of a Special Use Permit. The last temporary
concrete batch plant was authorized in 2007. Given a review of requirements in the
cities that surround Colleyville and the temporary nature of the batch plants, staff
recommends amending the regulations as follows.
Survey of Other Cities. Attached is a survey of area city requirements with regard to
temporary asphalt or concrete batch plants. Out of the seven cities that are adjacent to
Colleyville, only two require City Council approval regardless of duration of the batch
plant. The City of North Richland Hills requires a Special Use Permit for all temporary
batch plants, and only allows this use in commercial zoning districts. The last SUP
ordinance was approved in 2002. Euless is the other city that requires City Council
approval of all temporary batch plants as temporary use permits.
Two area cities allow administrative review of temporary batch plants, the cities of
Hurst and Bedford. Both cities require that the batch plants must be used for the
specific project on the site where they are proposed. Both cities also require that
temporary batch plants comply with all state and federal requirements, and that they
supply staff with all associated plans, permits, and notices.
The City of Southlake makes a determination on process based on the number of days
that the batch plant will operate. If the batch plant will operate less than 90 days, then
the temporary use is processed as a building permit and must comply with the
Southlake Erosion and Sediment Control Manual. The City of Grapevine also makes a
process determination based on the number of days that the batch plant will operate.
If the time limit is less than 30 days, then it is processed as a temporary use permit
and may be approved administratively. If the duration is more than 30 days, then the
temporary use permit may be approved by City Council. The City of Keller may
City Council Agenda Briefing 6c
City of Colleyville Page 2
administratively approve a temporary batch plant, subject to certain conditions. Any
exceptions to these conditions require approval from the City Council by resolution.
Proposed Amendments. Staff proposes removing the use of temporary batch plant
from the schedule of permitted principal uses and, instead, allowing it as a temporary
use. By handling concrete mixing on site, the numbers of construction vehicles are
greatly reduced on the roadways, the quality of the materials can be more readily
ensured, and the site can be easily restored to its original or better condition given the
type of development. Additionally, since temporary asphalt or concrete batch plants
are closely regulated by state and federal requirements, staff recommends that
temporary batch plants be processed as temporary use permits provided the duration
of operation is 30 days or less. Any requests that deviate from the conditions for
approval or will operate for more than 30 days, would require City Council approval by
resolution. The current fee for a temporary use permit is $100.00. The conditions
proposed in the Land Development Code for a temporary batch plant are as follows:
"Section 3.24.D.6. Temporary Asphalt or Concrete Batch Plant – The Building Official
shall approve a permit for a temporary asphalt or concrete batch plant to provide
construction materials for the site on which the temporary batch plant is located during
the construction phase of a permanent building, new residential subdivision or other
project as authorized by the city manager, provided such temporary use complies with
the following requirements:
a. The temporary batch plant shall receive an approved air quality permit from the
State of Texas, and evidence must be presented at the time of application for the
temporary use permit.
b. The temporary batch plant shall follow all State of Texas storm water run-off
requirements. A copy of any required State documents must be on the site of the
temporary batch plant at all times.
c. A location map, drawn to scale, shall be provided and indicate the following: the
location of the batch plant on the subject property along with a defined plant
boundary, the location of all related equipment including but not limited to batching
equipment and containers, storage areas, hazardous materials storage if applicable.
Another drawing, drawn to scale, shall be provided showing the closest habitable
residences, schools and religious institutions. The minimum distances shall be 300 feet
measured in a direct line from the boundary of the temporary batch plant, as indicated
on the application, to the property boundary of the protected use.
d. The material delivery route shall be provided indicating routes for raw material
delivery with details on the type and numbers of trucks per day. Said route shall
require final approval by the City Manager or his/her designee.
e. The hours of operation shall follow the construction hours of operation as required in
City Council Agenda Briefing 6c
City of Colleyville Page 3
the Colleyville Code of Ordinances.
f. A letter of permission shall be provided by the property owner stating that the
temporary batch plant will be used to provide concrete/asphalt for the same site where
it is located and no other project(s). The letter must also state that the site will be left
in good or better condition.
g. The application must state the amount of time that the temporary batch plant will
be in operation. The permit duration shall not exceed 30 days from the date of
issuance. Only one permit may be issued for a given parcel of property within a 12
month period.
i. The Public Works Director shall determine if additional materials testing is required
and may determine the testing personnel required. Any cost of testing shall be paid by
the applicant.
j. The batch plant shall not be used as a batching facility for any other site other than
the site on which it is located and no concrete, asphalt and any raw materials may be
sold from said plant.
k. Any appeal or waiver from the requirements of this section shall require final
approval by the City Council. "
Planning and Zoning Recommendation. The Planning and Zoning Commission
recommended approval of this request at the March 24, 2014 meeting by a vote of 6-
0, subject to the following conditions:
1. Staff will clarify the distance requirements from residential and religious uses, and
will add schools to the distance requirements.
Financial Impact
There is no financial impact to the City.
Recommendation
Approve
Attachments
1.Survey of Other Cities
2.Proposed Amendments to Section 3.24(B) and (D)
3.Ordinance O-14-1914
Survey of Other Cities
1. Southlake – Staff makes a determination on process based on the
number of days that the batch plant will operate. If the batch plant will
operate less than 90 days, then the concrete batch plant is processed the
same as any other building permit. It is also submitted as part of the Erosion
Control Submittal Packet. If the batch plant will operate more than 90 days,
then the use must go through City Council for approval.
2. Keller – A temporary batch plant may be approved by the Development
Review Committee, subject to certain conditions. Any exceptions to these
conditions require approval of the City Council (by resolution). The
conditions are as follows: 1) follow state and federal regulations, 2) not
located within 600 feet of a residence, 3) Hours of operation may be Monday
through Friday, 7:00 am to 7:00 pm, Saturday, 9:00 am to 5:00 pm, and no
hauling on Sunday, 4) cannot encroach on public street, 5) can only furnish
concrete for the specific project for which the temporary permit is issued, 6)
must operate in a way that eliminates nuisances (dust, noise, etc.), 7) clear
of all equipment upon completion of project, 8) repair all public
improvements damaged by plant operations, and 9) upon expiration of the
permit, Director of Public Works shall walk site to verify compliance.
3. North Richland Hills – The city has not approved a batch plant since
2002, but it still has the requirements in the code. A temporary batch plant
requires a Special Use Permit, and is only allowed in commercial districts:
C-1, C-2, LI, MI, U (institutional), or AG. The last SUP ordinance had the
following provisions: 1) erosion control fencing, 2) compliance with TNRCC
requirements (predates TCEQ), 3) time limit (24 months), 4) site plan that
shows where equipment will be placed on site, and 5) hours of operation.
The hours of operation were Monday through Friday, 7:00 am to 5:00 pm.
4. Grapevine – Staff makes a determination on process by the number of
days that the batch plant will operate. If the time limit is less than 30 days,
then the temporary use is treated as a building permit and reviewed
administratively. If the time limit is more than 30 days, then the temporary
use is reviewed by City Council. If the temporary batch plant is approved,
then it is passed by resolution. The permit must meet all Texas Commission
on Environmental Quality (TCEQ) standards regardless of process.
5. Hurst – Temporary concrete batch plants are not in their use charts. The
Building Official said there has not been a request for one in a very long
time. If an application was submitted today, he would probably treat it as a
temporary use permit and take to the Development Review Committee for
review, since this use is heavily regulated by TCEQ.
6. Bedford - Temporary concrete batch plants are allowed, and are
processed as part of the civil plans. Temporary batch plants must be used
for the specific project on the site where they are proposed. Permanent
batch plants are not in their use charts, so they would tell an applicant that
permanent asphalt or concrete batch plants are not allowed in the city.
7. Euless – The City Council may approve the operation of temporary uses
on any property for a specific period of time. Such temporary uses are
typically associated with an already existing use and are subject to review to
ensure adequate facilities exist or will be provided to serve the public and
employees of the temporary use. A permit is required and must be obtained
from City Council. No temporary use permit shall be valid for more than 90
consecutive days and shall be subject to all restrictions and requirements
established by City Council. Restrictions and requirements may include, but
are not limited to, hours of operation, duration of the use, parking, setbacks,
signage and any other requirements deemed necessary to protect the
general welfare of the community.
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
Land Use Classification
Residential District Non -Residential
Districts Special
Land Use
Standards
Parking
Group
AG
RE
R4
0
R3
0
R2
0
R1
5
RD
RM
F
MH
CP
O
CN
CC
1
CC
2
CC
3
ML
Auto Parts and Accessory Stores P P P 13 7
Auto, Truck or Trailer Rental S S 13 8
Auto Upholstery Shops P P 13 9
Auto Parking Lots and Garages (free standing) S S S S S S n.a.
Auto Repair Shop S S S 13 9
Boat and Water -craft Sales and Service S S S 13 8
Bus or Passenger Train Stations S S S S 24
Car Wash (self service and automatic) S P 9
Commuter Transit Stations S S S S 24
Gasoline Service Stations S S 13 7
LPG / CNG Dispensing Stations S S 24
Motorcycle Sales and Service S S 13 8
Paint and Body Shops S S 13 9
Park and Ride Facilities S S S S 24
Railroad or Motor Freight Terminals S S S 24
Recreational Vehicle Sales and Service S S 13 8
Tire and Battery Stores S S S 13 7
Truck and Heavy Equipment Sales and Service S S 13 8
Vehicle Storage Yards or Facilities S S S S 24
J. HEAVY COMMERCIAL, INDUSTRIAL & MANUFACTURING USES
Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24
Appliance Repair Shops S S 8
Building Material Sales with outside storage S P 7
Chapter 3 - Land Use Page 3 - 8
Proposed Amendments to Section 3.24(B) and (D)
Colleyville, Texas, Land Development Code
D. Temporary Buildings and Uses (O-04-1497 / 12/21/04)
1. Temporary Use Permit – The Building Official may approve a permit for a temporary use specified in
this Section for limited periods of time, provided evidence is furnished by the applicant that adequate
measures are taken to satisfy public safety concerns and relat ed site criteria concerns. All temporary
uses shall be subject to the regulations contained in this Section. The building official may
recommend a temporary use permit application be considered by the City Council where it has been
determined by the building official that the proposed temporary use may have significant public
interests. A temporary use permit, as herein prescribed, shall not be required for neighborhood block
parties held in conjunction with the annual National Night Out neighborhood cel ebration or for events
approved by a municipal department where said event is conducted on municipally owned property.
a. Revocation: The Building Official may revoke a temporary use permit if determined that:
i. The applicant has misrepresented any material fact on the application, or supporting
materials.
ii. The temporary use fails or ceases to comply with applicable standards or criteria for issuance
of a permit.
iii. The operation of the temporary use violates any statute, law, ordinance or regulation.
iv. The operation of the temporary use constitutes a nuisance or poses a real or potential threat
to the health, safety or general welfare of the public.
2. Permit Conditions – The Building Official is hereby authorized to prescribe reasonable conditions
upon a temporary use permit to protect the public health, safety, and general welfare of the
community, with particular attention to areas adjacent to or in the vicinity of the permitted temporary
use. Such conditions may include specific performance s tandards, noise mitigation measures,
lighting restrictions, limitation on hours of operation, odor control measures, off-street parking
requirements, traffic restrictions, or other standards designed to minimize adverse impacts on
surrounding properties. In the event that a sponsor is dissatisfied with the Building Official's decision,
the sponsor may appeal the decision to the City Council.
3. Construction Offices and Sales Offices – The Building Official may approve a permit for a temporary
building for use as a construction office or a sales office for new home or lot sales in any zoning
district during the construction phase of a permanent building or new subdivision, provided such
temporary buildings comply with the following requirements:
a. No temporary used as a construction office or a sales office shall encroach within five (5) feet of a
property line or encroach within the visibility triangle required in Section 3.26 of this Land
Development Code.
b. A temporary building used as a construction office during the construction of a permanent
building shall be removed within ten (10) days after the issuance of the certificate of occupancy of
the permanent building, weather permitting, weather permitting.
c. A temporary building used as a real estate sales office shall be removed within ten (10) days after
ninety (90%) percent of the lots within the subdivision have been sold.
d. A temporary construction office or real estate sales office shall sit on a blocked foundation
acceptable to the Buildi ng Official. No temporary construction office or real estate sales office
shall be used that rests only on the wheels.
e. A model home may be used as a temporary real estate sales office and shall be exempt from
paragraphs a, b, c, and d above.
4. Community Special Events – Outdoor events of public interest which are anticipated to attract less
than 500 persons in attendance at any one time for a period of eight consecutive hours or more, such
as carnivals, circuses, and similar temporary events or special fund-raising events sponsored by a
public entity, civic or non-profit organization located within the City .
Chapter 3 - Land Use Page 3 - 10
Proposed Amendments to Section 3.24(B) and (D)
Colleyville, Texas, Land Development Code
5. Tents – A temporary use or special event which includes the use of a tent shall require a separate
permit in accordance with the standards contained in the Colleyville Fire Code.
6. Temporary Asphalt or Concrete Batch Plant – The Building Official shall approve a permit for a
temporary asphalt or concrete batch plant to provide construction materials for the site on which the
temporary batch plant is located during the construction phase of a permanent building, new
residential subdivision or other project as authorized by the city manager, provided such temporary
use complies with the following requirements:
a. The temporary batch plant s hall receive an approved air quality permit from the State of Texas ,
and evidence must be presented at the time of application for the temporary use permit.
b. The temporary batch plant shall follow all State of Texas storm water run-off requirements . A
copy of any required State documents must be on the site of the temporary batch plant at all
times.
c. A location map, drawn to scale, shall be provided and indicate the following: the location of the
batch plant on the subject property along with a defined plant boundary, the location of all related
equipment including but not limited to batching equipment and containers, storage areas,
hazardous materials storage if applicable. Another drawing, drawn to scale, shall be provided
showing the closest habitable residences, schools and religious institutions. The minimum
distances shall be 300 feet measured in a direct line from the boundary of the temporary batch
plant , as indicated on the application, to the property boundary of the protected use.
d. The material delivery route shall be provided indicating routes for raw material delivery with
details on the type and numbers of trucks per day . Said route shall require final approval by the
City Manager or his/her designee.
e. The hours of operation shall follow the construction hours of operation as required in the
Colleyville Code of Ordinances.
f. A letter of permission shall be provided by the property owner stating that the temporary batch
plant will be used to provide concrete/asphalt for the same site where it is located and no other
project(s). The letter must also state that the site will be left in good or better condition.
g. The application must state the amount of time that the temporary batch plant will be in operation.
The permit duration shall not exceed 30 days from the date of issuance. Only one permit may be
issued for a given parcel of property within a 12 month period.
i. The Public Works Director shall determine if additional materials testing is required and may
determine the testing personnel required. Any cost of testing shall be paid by the applicant.
j. The batch plant shall not be used as a batching facility for any other site other than the site on
which it is located and no concrete, asphalt and any raw materials may be sold from said plant.
k. Any appeal or waiver from the requirements of this section shall require final approval by the City
Council.
Chapter 3 - Land Use Page 3 - 11
Proposed Amendments to Section 3.24(B) and (D)
ORDINANCE O -14-1914
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 3-LAND USE, SECTION 3.24(B) – SCHEDULE OF PERMITTED
PRINCIPAL USES AND SECTION 3.24(D) – TEMPORARY BUILDINGS
AND USES OF THE LAND DEVELOPMENT CODE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE ; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City Council of the City of Colleyville approved Ordinance
O-00-1214 on April 18, 2000, adopting the Land Development
Code; and
WHEREAS, the City of Colleyville desires to amend Section 3.24(B) and (D)
of the Land Development Code by removing the use of asphalt
or concrete batching (temporary) from the Schedule of
Permitted Principal Uses and providing regulations for
temporary asphalt or concrete batch plants under Temporary
Buildings and Uses ; and
WHEREAS, notice of a public hearing before the City Council was published
in a newspaper of general circul ation 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 3-Land Use, Section 3.24(B) Schedule of Permitted
Principal Uses of the Land Development Code, is hereby amended
to read as depicted in the a ttached Exhibit “A”.
Sec. 2 . THAT Chapter 3-Land Use, Section 3.24(D) Temporary Buildings
and Uses of the Land Development Code, is hereby amended to
read as depicted in the a ttached Exhibit “B”.
Sec. 3 . THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance of
the City of Colleyville, and upon conviction shall be punishable by
a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense .
Ordinance O-14-1914
Page 2 of 2
Sec. 4 . 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. 5 . THAT this ordinance shall take effect immediately from and after
its passage.
Sec. 6 . THAT all other provisions of the Land Development Code shall
remain in full force and effect, except as amended herein.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 1st day o f April
2014.
The second reading and public hearing being conducted on the 15th day o f
April 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the _________ day of ________________________ 2014.
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
Cit y Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
Land Use Classification
Residential District Non-Residential
Districts Special
Land Use
Standards or
Section Ref.
Parking
Group
AG
RE
R4
0
R3
0
R2
0
R1
5
RD
RM
F
MH
CP
O
CN
CC
1
CC
2
CC
3
ML
A. RESIDENTIAL ACCOMODATION USES
Single Family Detached Dwelling P P P P P P S 8 3
Duplex – Attached Dwelling P 8 2
Townhome – Attached Dwellings P 8 4
Multi -family – Attached Dwellings P 8 4
HUD Code Manufactured Housing P 8 2
Assisted Living Facilities PUD only 2 17
Bed and Breakfast Lodging S S S S S S S S 1,8 18
Private (HOA) Recreational Facilities P P P P P P P P 9 5
B. ACCESSORY USES
Accessory Building P P P P P P P P P Sec. 3.27 n.a.
Carport S S S S S S S S S Sec. 3.27.C n.a.
Home Occupations Uses P P P P P P P P P 8 n.a.
Servants or Caretakers Quarters P P S S S S 16 1
C. AGRICULTURAL USES
Commercial equestrian boarding stable and school P S 17 25
Crop Farming P P n.a.
Livestock raising and breeding P P 12 n.a.
Private horse stables for domestic use P P P S S n.a.
Roadside produce stands (year round) S S S S S S S S S n.a.
D. UTILITY USES
Electrical Substations S S S S S S S S S S S S S S S 21
Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24
Chapter 3 - Land Use Page 3 - 2
Exhibit "A"
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
Land Use Classifi cation
Residential District Non-Residential
Districts Special
Land Use
Standards
Parking
Group
AG
RE
R4
0
R3
0
R2
0
R1
5
RD
RM
F
MH
CP
O
CN
CC
1
CC
2
CC
3
ML
Solid Waste Disposal Sites S 24
Telecommunications Towers S S S S S S S S S S S S S S S 3 21
Water Pumping Stations S S S S S S S S S S S S S S S 24
Wind Driven Generators S S S S S S S S S S S S S S S n.a.
E. PUBLIC AND INSTITUTIONAL USES
Colleges or Universities S S S S S S S S S S S S S S S 12
Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5
Government Buildings, Offices and Facilities P P P P P P P P P P P P P P P 8
Fire Stations / Police Stations P P P P P P P P P P P P P P P 16
Golf Courses – Public Owned P P P P P P P P P P P P P P P 22
Government Maintenance Facilities P P P P P P P P P P P P P P P 25
Libraries P P P P P P 9
Museums P P P P P P 8
Post Office P P P P P P P P P P P P P P P 10
Parks and Open Space Areas P P P P P P P P P P P P P P P 25
Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25
Private Schools – Elementary and Secondary S S S S S S S S S S S S S S S 13
Private Schools – High School S S S S S S S S S S S S S S S 14
Public Schools – Elementary and Secondary P P P P P P P P P P P P P P P 13
Public Schools – High School P P P P P P P P P P P P P P P 14
Religious Institutions P P P P P P P P P P P P P P P 18
F. OFFICE USES
Accountant’s Offices P P P P P 8
Chapter 3 - Land Use Page 3 - 3
Exhibit "A"
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
Land Use Classification
Residential District Non-Residential
Districts Special
Land Use
Standards
Parking
Group
AG
RE
R4
0
R3
0
R2
0
R1
5
RD
RM
F
MH
CP
O
CN
CC
1
CC
2
CC
3
ML
Advertising Agencies P P P P P 8
Attorney Offices P P P P P 8
Chiropractic Clinics P P P P 8
Emergency Clinic (24 hrs.) S P P 10 6
Engineering, Architect’s, and Surveyor’s Offices P P P P P 8
General Business Offices not elsewhere listed P P P P P 8
Insur ance Agencies P P P P P 8
Management and Public Relations Services Offices P P P P P 8
Optometrist Office P P P P 8
Psychologist Offices P P P P P 8
Physician’s or Dentist’s Offices P P P 5 7
Re al Estate Agency Offices P P P P P 8
Security Broker Offices P P P P P 8
Telemarketing Offices P P P 5
Title Abstract Offices P P P P P 8
Trade or Business Schools S S S P 15
Travel Agency / Airline Ticket Offices P P P P P 8
G. RETAIL AND SERVICE USES
Alcoholic Beverage Sales – (Beer and Wine Only) –
Off -Premises Consumption S S S 13 n.a.
Alcoholic Beverage Sales – On-premises Consumption S S S 13 n.a.
Package Store Sales – Off -premises Consumption S S S 13 n.a.
Alcohol or Drug Treatment Center S S S S S S 24
Antique Stores P P 7
Chapter 3 - Land Use Page 3 - 4
Exhibit "A"
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
Land Use Classification
Resid ential District Non-Residential
Districts Special
Land Use
Standards
Parking
Group
AG
RE
R4
0
R3
0
R2
0
R1
5
RD
RM
F
MH
CP
O
CN
CC
1
CC
2
CC
3
ML
Apparel and Accessory Stores P P 7
Arts and Crafts Stores and Hobby Shops P P 7
Bakery Stores P P 7
Banks, Credit Unions and Financial Institutions P P P 8
Barber Shops, Beauty Shops and Day Spas P P P 10 7
Bicycle Shops P P 7
Book, Stationary or Greeting Card Shops P P P 7
Camera or Music Stores P P 7
Carnivals and Circuses S S 24
Cemeteries or Mausoleums S S S S S S 24
Charitable Donation Station S S S 24
Civic, Social or Fraternal Organizations S S P P 7
Convenience Stores with gasoline sales S S S S 7
Copy Centers/Print Shops S S P P P P 7
Dance Studios and Martial Arts Studios S S P P 7
Day Care Centers S S S S S 17 11
Department Stores P P 7
Dry Cleaner Pick-up Stations S P P 7
Dry Cleaners (up to 5,000 s. f. w/on-site laundry) P P 7
Equipment Rental and Leasing Stores S P 7
Florist Shops P P P 7
Food Catering P P 8
Funeral Homes S S S 24
Furniture and Appliance Stores P P P 9
Chapter 3 - Land Use Page 3 - 5
Exhibit "A"
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
Land Use Classification
Residential District Non-Residential
Districts Special
Land Use
Standards
Parking
Group
AG
RE
R4
0
R3
0
R2
0
R1
5
RD
RM
F
MH
CP
O
CN
CC
1
CC
2
CC
3
ML
Grocery Stores P P 18 7
Hardware, electrical & plumbing w/o outside display P P P P
Hardware , electrical & plumbing with outside display S P P
Hosp itals S S S 24
Hotels and Motels P P 19
Interior Decoration Stores P P P P 7
Jewelry Stores P P P 7
Locksmiths S S P P 8
Mailing and Shipping Stores P P P P 7
Meat or Fish Market P P P 7
Nurseries and Greenhouses with outside display S P P 16
Pawn Shops P 7
Pet Stores P P 7
Pharmacy S P P P 7
Photography Studios P P P P P P 8
Purchasing and/or resale of precious metals including
jewelry, gem stones, gold, silver, and platinum and
not licensed as a Pawn Shop by the State of Texas
S
S
S
7
Restaurants, Cafes and Cafeterias P P P 5
Restaurants with drive-in or drive-thru service P P 5
Second hand goods shop S S S 7
Self -service Laundries S S S S 7
Second hand goods shop S S S 7
Self -service Laundries S S S S 7
Chapter 3 - Land Use Page 3 - 6
Exhibit "A"
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
Land Use Classification
Residential District Non-Residential
Districts Special
Land Use
Standards
Parking
Group
AG
RE
R4
0
R3
0
R2
0
R1
5
RD
RM
F
MH
CP
O
CN
CC
1
CC
2
CC
3
ML
Shoe Repair Shops P P P P 8
Tailor and Alteration Shops P P P P 8
Veterinarian Clinic with indoor kennels P P P 4 8
Veterinarian Clinic with outdoor kennels S P P 8
Video Rental and Sales Stores P P P 7
Wedding Chapels S S S 24
H. RECREATIO NAL AND ENTERTAINMENT USES
Adult Entertainment Establishments See section 22-5 Code of Ordinances 5
Amusement Centers (indoors) S S 24
Archery and Firearms Ranges S S 6 24
Billiard Parlors S S 17 23
Commercia l Recreation (outdoor) S S S S S S 24
Fitness Centers P P P 7
Golf Courses – Privately Owned P P P P P P 22
Golf Driving Ranges P P 22
Miniature Golf Courses P P 20
Roller or Ice Skating Rinks S S 24
Theaters P P 7 18
I. AUTOMOTIVE AND TRANSPORTATION USES S S 17 23
Airports and Heliports S S S S S S S S S S S S S S S 24
Auto Alarm / Stereo / Window Tinting Stores P P P 13 7
Auto Lube Shops S P P 13 9
Automotive and Motor Vehicle Sales S S S 13 8
Chapter 3 - Land Use Page 3 - 7
Exhibit "A"
Colleyville, Texas, Land Development Code
Table 3.24.B- - Schedule of Permitted Principal Uses
Land Use Classification
Residential District Non-Residential
Districts Special
Land Use
Standards
Parking
Group
AG
RE
R4
0
R3
0
R2
0
R1
5
RD
RM
F
MH
CP
O
CN
CC
1
CC
2
CC
3
ML
Auto Parts and Accessory Stores P P P 13 7
Auto, Truck or Trailer Rental S S 13 8
Auto Upholstery Shops P P 13 9
Auto Parking Lots and Garages (free standing) S S S S S S n.a.
Auto Repair Shop S S S 13 9
Boat and Water-craft Sales and Service S S S 13 8
Bus or Passenger Train Stations S S S S 24
Car Wash (self service and automatic) S P 9
Commuter Transit Stations S S S S 24
Gasoline Service Stations S S 13 7
LPG / CNG Dispensing Stations S S 24
Motorcycle Sales and Service S S 13 8
Paint and Body Shops S S 13 9
Park and Ride Facilities S S S S 24
Railroad or Motor Freight Terminals S S S 24
Recreational Vehicle Sales and Service S S 13 8
Tire and Battery Stores S S S 13 7
Truck and Heavy Equipment Sales and Service S S 13 8
Vehicle Storage Yards or Facilities S S S S 24
J. HEAVY COMMERCIAL, INDUSTRIAL & MANUFACTURING USES
Appliance Repair Shops S S 8
Building Material Sales with outside storage S P 7
Table 3.24.B- - Schedule of Permitted Principal Uses
Chapter 3 - Land Use Page 3 - 8
Exhibit "A"
Colleyville, Texas, Land Development Code
Land Use Classification
Residential District Non-Residential
Districts Special
Land Use
Standards
Parking
Group
AG
RE
R4
0
R3
0
R2
0
R1
5
RD
RM
F
MH
CP
O
CN
CC
1
CC
2
CC
3
ML
Commercial Laundry S S 24
Contractor Office with storage yard S S 24
Contactor Office without storage yard P P 8
Electronic Assembly or Manufacturing P 25
Exterminator Shop S S 24
Food Packaging and Manufacturing S 24
Furniture and Cabinet Manufacturing P 25
Office Showroom P 25
Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24
Plumbing, HVAC and Electrical Trades Shops P P 8
Printing and Publishing - Commercial P 8
Plumbing, HVAC and Electrical Trades Shops P P 8
Printing and Publishing - Commercial P 8
Research and Development Labs P 8
Scientific Instrument Assembly and Manufacturing P 8
Self Storage Facilities (mini-warehouse) S 24
Upholstery and Furniture Repair Shops P P 8
Warehouse and Distribution Facilities S 24
Wood, Paper or Leather Products P 25
Manufacturing not elsewhere listed S 24
Welding or Machine Shop P 25
Chapter 3 - Land Use Page 3 - 9
Exhibit "A"
Colleyville, Texas, Land Development Code
D. Temporary Buildings and Uses (O-04-1497 / 12/21/04)
1. Temporary Use Permit – The Building Official may approve a permit for a temporary use specified in
this Section for limited periods of time, provided evidence is furnished by the applicant that adequate
measures are taken to satisfy public safety concerns and relat ed site criteria concerns. All temporary
uses shall be subject to the regulations contained in this Section. The building official may
recommend a temporary use permit application be considered by the City Council where it has been
determined by the building official that the proposed temporary use may have significant public
interests. A temporary use permit, as herein prescribed, shall not be required for neighborhood block
parties held in conjunction with the annual National Night Out neighborhood cel ebration or for events
approved by a municipal department where said event is conducted on municipally owned property.
a. Revocation: The Building Official may revoke a temporary use permit if determined that:
i. The applicant has misrepresented any material fact on the application, or supporting
materials.
ii. The temporary use fails or ceases to comply with applicable standards or criteria for issuance
of a permit.
iii. The operation of the temporary use violates any statute, law, ordinance or regulation.
iv. The operation of the temporary use constitutes a nuisance or poses a real or potential threat
to the health, safety or general welfare of the public.
2. Permit Conditions – The Building Official is hereby authorized to prescribe reasonable conditions
upon a temporary use permit to protect the public health, safety, and general welfare of the
community, with particular attention to areas adjacent to or in the vicinity of the permitted temporary
use. Such conditions may include specific performance s tandards, noise mitigation measures,
lighting restrictions, limitation on hours of operation, odor control measures, off-street parking
requirements, traffic restrictions, or other standards designed to minimize adverse impacts on
surrounding properties. In the event that a sponsor is dissatisfied with the Building Official's decision,
the sponsor may appeal the decision to the City Council.
3. Construction Offices and Sales Offices – The Building Official may approve a permit for a temporary
building for use as a construction office or a sales office for new home or lot sales in any zoning
district during the construction phase of a permanent building or new subdivision, provided such
temporary buildings comply with the following requirements:
a. No temporary used as a construction office or a sales office shall encroach within five (5) feet of a
property line or encroach within the visibility triangle required in Section 3.26 of this Land
Development Code.
b. A temporary building used as a construction office during the construction of a permanent
building shall be removed within ten (10) days after the issuance of the certificate of occupancy of
the permanent building, weather permitting, weather permitting.
c. A temporary building used as a real estate sales office shall be removed within ten (10) days after
ninety (90%) percent of the lots within the subdivision have been sold.
d. A temporary construction office or real estate sales office shall sit on a blocked foundation
acceptable to the Buildi ng Official. No temporary construction office or real estate sales office
shall be used that rests only on the wheels.
e. A model home may be used as a temporary real estate sales office and shall be exempt from
paragraphs a, b, c, and d above.
4. Community Special Events – Outdoor events of public interest which are anticipated to attract less
than 500 persons in attendance at any one time for a period of eight consecutive hours or more, such
as carnivals, circuses, and similar temporary events or special fund-raising events sponsored by a
public entity, civic or non-profit organization located within the City .
Chapter 3 - Land Use Page 3 - 10
Exhibit "B"
Colleyville, Texas, Land Development Code
5. Tents – A temporary use or special event which includes the use of a tent shall require a separate
permit in accordance with the standards contained in the Colleyville Fire Code.
6. Temporary Asphalt or Concrete Batch Plant – The Building Official shall approve a permit for a
temporary asphalt or concrete batch plant to provide construction materials for the site on which the
temporary batch plant is located during the construction phase of a permanent building, new
residential subdivision or other project as authorized by the city manager, provided such temporary
use complies with the following requirements:
a. The temporary batch plant s hall receive an approved air quality permit from the State of Texas ,
and evidence must be presented at the time of application for the temporary use permit.
b. The temporary batch plant shall follow all State of Texas storm water run-off requirements . A
c opy of any required State documents must be on the site of the temporary batch plant at all
times.
c. A location map, drawn to scale, shall be provided and indicate the following: the location of the
batch plant on the subject property along with a defined plant boundary, the location of all related
equipment including but not limited to batching equipment and containers, storage areas,
hazardous materials storage if applicable. Another drawing, drawn to scale, shall be provided
showing the closest habitable residences, schools and religious institutions. The minimum
distances shall be 300 feet measured in a direct line from the boundary of the temporary batch
plant , as indicated on the application, to the property boundary of the protected use.
d. The material delivery route shall be provided indicating routes for raw material delivery with
details on the type and numbers of trucks per day . Said route shall require final approval by the
City Manager or his/her designee.
e. The hours of operation shall follow the construction hours of operation as required in the
Colleyville Code of Ordinances.
f. A letter of permission shall be provided by the property owner stating that the temporary batch
plant will be used to provide concrete/asphalt for the same site where it is located and no other
project(s). The letter must also state that the site will be left in good or better condition.
g. The application must state the amount of time that the temporary batch plant will be in operation.
The permit duration shall not exceed 30 days from the date of issuance. Only one permit may be
issued for a given parcel of property within a 12 month period.
i. The Public Works Director shall determine if additional materials testing is required and may
determine the testing personnel required. Any cost of testing shall be paid by the applicant.
j. The batch plant shall not be used as a batching facility for any other site other than the site on
which it is located and no concrete, asphalt and any raw materials may be sold from said plant.
k. Any appeal or waiver from the requirements of this section shall require final approval by the City
Council.
Chapter 3 - Land Use Page 3 - 11
Exhibit "B"
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 8 Agenda Date 04/01/2014
Type Report
Department City Secretary
Title
Colleyville Events Steering Committee Meeting Minutes - October 23, 2013
Planning and Zoning Commission Meeting Minutes - February 24, 2014
Attachments
1.Colleyville Events Steering Committee Meeting Minutes - October 23, 2013
2.Planning and Zoning Commission Meeting Minutes - February 24, 2014
City of Colleyville Page 1
City of Colleyville
Colleyville Events
Steering Committee
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Wednesday, October 23, 2013
4:30 p.m.
Colleyville Public Library
110 Main Street
1. CALL TO ORDER
Chairperson Amy Redfearn called the meeting of the Colleyville Events Steering
Committee to order at 4:40 p.m.
Roll Call
Present: Chair Amy Redfearn, Manjiri Joshi, Kristen Isensee, Linda Salisbury and
Patti Tanaka. Staff present: Mary Rodne, Lisa Escobedo, and Kathy Moore
Absent: J. Walt Mills
2. APPROVAL OF MINUTES
May 22, 2013
A motion was made by Manjiri Joshi and seconded by Linda Salisbury to approve the
May 22, 2013 minutes as presented. The motion carried with a unanimous vote.
3. REGULAR AGENDA ITEMS
3a Post Event Discussion of Red, White and Sousa
In the interest of time restraints for one Committee member this item was skipped.
3b Discussion of the City of Colleyville Special Events FY2014 Budget Report
Director Rodne updated the Committee on the Special Events FY2014 budget and
stated that City Council had approved a budget of $87,000 for special events in
FY2014. It was noted that the budget included $15,000 for the Old Tyme Bar-B-Q,
$36,000 for Holly Colley and $36,000 for Red, White and Sousa. Rodne added that
the budget had a slight increase from FY2013.
3c Discussion of the Location for FY2014 City Special Events
Colleyville Events Steering
Committee Minutes October 23, 2013
City of Colleyville Page 2
Rodne informed the Committee that Holly Colley will be held at the Colleyville Center,
and explained that staff was working on a layout to address safety concerns with the
ponds.
3d Discussion of the Holly Colley Holiday Event
Director Mary Rodne stated that the community tree lighting ceremony would remain
at City Hall and updated the Committee on various timelines for tree delivery and
decorating. It was noted that the big tree will be decorated by staff on November 18.
Rodne also noted that the tree lighting was scheduled for December 3 at 6:15-6:30
pm, between City Council meetings. She added that the Library will host a holiday
open house in conjunction with the tree lighting ceremony and that the event would
include refreshments and various activities. Additionally, Santa would be in
attendance and available for photos.
Kristi Isbell distributed the entertainment schedule for Holly Colley and a list of the
community tree sponsors and noted that she was still working with both the
entertainment and sponsor groups on confirmations. Mary Rodne stated that she was
currently working with Leslie Hill at the Colleyville Center to coordinate a timeline for
the set-up of the Holly Colley Holiday event. Rodne added that she plans to focus
more on the entertainment.
Committee members agreed that with the absence of the tree lighting at the new
location, the event needed something to draw everyone together as a community.
Director Rodne stated that the arrival of Santa could possibly be used to create
something “special” at the beginning of the event; a lengthy discussion ensued on
possible ways to create something “special” for the event and a finale.
Discussions continued with Committee members voicing concerns on the logistics of
the layout and safety concerns with the pond and geese. Director Rodne presented
her current layout plan to the group and stated that staff would address the safety
issues, and update the Committee at their next meeting.
Rodne concluded with an overview of the event, and stated that staff planned to
increase the number of photo scenes and inflatable rides, along with new frame
games. Additionally, she stated that the event would include carriage rides, food
trucks and the Colleyville Lions Club photos with Santa.
3e Discussion of Items for Future Agendas
The Committee tentatively agreed to meet again on November 20, 2013; staff will
send out reminder notices the week before to ensure that a quorum would be met.
Colleyville Events Steering
Committee Minutes October 23, 2013
City of Colleyville Page 3
Amy Redfearn informed staff that National Charity League (NCL) was interested in
some volunteer opportunities with the City’s upcoming events. Rodne noted that Lisa
Escobedo was in charge of volunteers for the Holly Colley event, and that she had
been in contact with the NCL organization.
4. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There were no citizen’s comments/presentations regarding items not on the agenda.
5. ADJOURNMENT
A motion was made by Patti Tanaka and seconded by Linda Salisbury to adjourn the
meeting. Motion approved. The meeting of the Colleyville Events Steering Committee
was adjourned at 5:20 p.m.
APPROVED BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 26th
DAY OF February, 2014.
Minutes taken and prepared by:
Kathy Moore
Administrative Secretary
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, February 24, 2014 City Council Chambers
CALL MEETING TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville was called
to order by Chairman Byerly on February 24, 2014 at 7:20 p.m.
Roll Call
Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim
Gotcher, Don Davis, and Chairman Byerly
Absent: Commissioner David Phelps
Staff Present: Ron Ruthven, Mary Elliott, Taci Wrisley, Rob McKeown, Marty
Wieder, Dale Crown, and Matt Butler (City Attorney)
1. APPROVAL OF MINUTES
Commissioner Davis made a motion to approve the minutes as
amended. Commissioner Tornes seconded.
The motion to approve the minutes as amended carried by the
following vote:
Aye: 6 – Knox, Tornes, Wheelwright, Gotcher, Davis, and Byerly
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA AS A PUBLIC HEARING ITEM
There were no citizen comments/presentations regarding items not on the
agenda as a public hearing item.
3. REGULAR AGENDA ITEMS
3a Approval of a preliminary/final plat on Lots 1 & 2, Block 1, and Lots 1,
2, 3, & 4, Block 2, Pecan Park III Addition, located on 6113 Waller
Lane, Case PC14-001
Mary Elliott presented the case and briefed the Commission.
Planning and Zoning Commission
Commission
Minutes February 24, 2014
City of Colleyville Page 2
Mark Howe, developer, came forward and briefed the Commission.
Commissioner Wheelwright questioned Mr. Howe regarding whether he
had any thoughts on the Hardage cut-through trail. Mr. Howe replied
they were just made aware of the requirement but have been given
three (3) options but have not decided what they will do.
Commissioner Davis made a motion to approve Case PC14-001.
Chairman Byerly seconded.
The motion to approve Case PC14-001 carried by the following
vote:
Aye: 6 – Knox, Tornes, Wheelwright, Gotcher, Davis, and Byerly
3b Approval of a preliminary plat on 97 acres of Abstract 685 of the John
H. Havens Survey, and Abstract 1734 of the S.C.H. Witten Survey,
located in the 4900 block of Heritage Avenue, Case PC13-027
Ron Ruthven presented the case and briefed the Commission.
Commissioner Knox questioned staff regarding what the width of the
trail was. Ron Ruthven replied ten (10) feet.
Commissioner Gotcher questioned staff regarding the history of
moving the trail from the interior of the development to the exterior
along Heritage Avenue. Ron Ruthven gave a brief history of the
decision made by City Council to move the trail to the exterior of the
development.
Brett Pedigo, developer, came forward and briefed the Commission.
Commissioner Gotcher questioned Mr. Pedigo regarding the connection
of the East to West trail from Heritage Avenue and why was it not
indicated on the preliminary plat if that was the plan. Mr. Pedigo
replied they are planning on connecting the trail and the sidewalks
would be designed with the final plat.
Discussion occurred between Commissioner Knox and Mr. Pedigo
regarding the street cross-sections of Heritage Avenue.
Commissioner Tornes questioned Mr. Pedigo regarding what would
happen to the plat if the Commission decided to deny the case or
required the full amount of Right-of-Way. Mr. Pedigo replied he would
consult with his counsel and determine what would need to be done to
Planning and Zoning Commission
Commission
Minutes February 24, 2014
City of Colleyville Page 3
go to the City Council. He further explained it is his belief they were
meeting all of the plat requirements.
Chairman Byerly questioned Mr. Pedigo regarding if they were
reclaiming a substantial amount of the flood plain. Mr. Pedigo replied
yes, they could not go any further.
Commissioner Tornes questioned Mr. Pedigo regarding whether the
utilities would be under the sidewalk along Heritage Avenue. Mr.
Pedigo replied because the water service would be constructed under
the street inside the subdivision, the only utility that would be under
the sidewalk along Heritage Avenue would be franchise utilities.
Mr. Pedigo asked staff for clarification regarding platting procedures.
Ron Ruthven explained which types of cases are required to go to City
Council.
Commissioner Tornes questioned Dale Crown regarding whether the
City had given the okay for the utilities to be located within the
subdivision. Dale Crown replied yes.
Commissioner Knox made a motion to approve Case PC13-027.
Commissioner Tornes seconded.
The motion to approve Case PC13-027 carried by the following
vote:
Aye: 6 – Knox, Tornes, Wheelwright, Gotcher, Davis, and Byerly
4. ADJOURNMENT
The meeting adjourned at 8:01 p.m.
The minutes were written and prepared by:
Taci Wrisley
Planning and Zoning Assistant
The meeting minutes were approved on March 24, 2014 by a vote of 6-0.
RESOLUTION R-14-3737
A RESOLUTION APPROVING CITY COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
CITY COUNCIL MEETING OF
APRIL 1, 2014
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 1ST DAY OF APRIL 2014.
ATTEST:CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor