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HomeMy WebLinkAboutCity Council-Agenda Packets-1/7/2003 City of Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD JANUARY 7,2003 5:15 P.M. - PRE-COUNCIL AGENDA PC.- 1. Discussion of proposed Storm Water Quality Ordinance PC.- 2. Discussion of January 7, 2003 City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Reverend Carter Foster, Colleyville Christian Fellowship PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS PRESENTATION - Joe Noorlag and Tom Cicherski, outgoing members of the Parks and Recreation Advisory Board PRESENTATION Mike Taylor, Jody Short and James Archie, outgoing members of the SH26 Advisory Committee PRESENTATION Dana Feldman and Michael Taylor, outgoing members of the Tax Increment Financing District Board of Directors CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2084- Consent Items: a. Approval of minutes of the regular City Council meeting of December 17, 2002 b. Approval of Historical Preservation Committee goals for FY2003 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1381 - Approval of a Special Use Permit for an accessory building on Lot 1, Block 3, Sunrise Terrace Addition located at 1205 Glade Road, Case Z-02-029 5. SECOND READING AND PUBLIC HEARING - Approval to adopt an Ethics Code Ordinance 0-02-1382 - 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1383 - Approval of a Special Use Permit for a cellular tower on Lot 1, Block 2, Leggett, McKithan and Baylock Addition located at 2319 Hall Johnson Road, Case Z-02-031 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1384- Approval of a Special Use Permit for an accessory building on Lot 11, Block 2, Highland Acres located at 305 Timberline North, Case Z-02-036 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1385 - Approval of a Zoning Change from AG to PUD-C Planned Unit Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard, north of Tarrant Lane, Case Z-02-034 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1386 - Approval of a Zoning Change from AG to PUD-R Planned Unit Development Residential on 3.561 acres located at 414 W. McDonwel1 School Road, Case Z- 02-028 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1387 - Approval of an amendment to the PUD-R (0-02-1364) for Lonesome Dove Estates Phase 3, 19.405 acres located on the south side of L.D. Lockett Road near Precinct Road, Case Z-02-035 CITIZEN COMMENTS: 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 7, 2003 - Reading and Public Hearing - Resolution R-03-2085 ADJOURNMENT: 13. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, January 3, 2003.atjz~~ ~ Single;:n)RM't City Secretary It 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 817.577.7575, and reasonable accommodations will be made to assist you. PRE-COUNCIL city Qf ~ ((V1""~Y'~jP,~ ~~At /w"d re".,S AGENDA BRIEFING MEETING DATE: ITEM # : 01/07/03 PC-1 CITY MANAGER DEPARTMENT HEAD i FINANCE REVIEW I Previous Action: None DEPARTMENT: ENGINEERING SUBJECT: Discussion of proposed Storm Water Quality Ordinance The Storm Water Quality team has been working on many items related to the general permit for the municipal separate storm sewer system (MS4). The purpose of this memorandum is to summarize the proposed ordinance that would implement regulations related to the MS4 permit. The City is required to implement a storm water quality management program. This requirement is part of the Environmental Protection Agency Phase II Final Rule, published in the Federal Register on December 8, 1999. The rule requires National Pollutant Discharge Elimination System (NPDES) permit coverage for storm water discharges for storm sewer systems of cities under 100,000 population. The NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Attached is a memorandum and draft ordinance related to this item. The proposed ordinance is based on model ordinances provided by the EPA, the North Central Texas COG and ordinances recently adopted by the cities of Arlington and Fort Worth. The ordinance is only one portion of the overall storm water quality program in Colleyville. Other portions involve public education and outreach, public involvement, and good housekeeping criteria for city operations. Staff will provide a short presentation about this item at the meeting. ATTACHMENTS: Memorandum . Proposed Storm Water Quality Ordinance cc~~ Texas COLLEYVILLE COMMUNITY DEVELOPMENT INTERNAL MEMORANDUM date: December 6,2002 memo to: Keith Fisher, Oirector of Public Works copy: Bill Lindley, City Manager Dianne McWethy, Deputy City Manager Storm Water Quality Committee from: Clayton Husband, AICP, Community Development Manager I subject: Proposed Storm Water Quality ordinance INTRODUCTION Tne Storm Water Quality team has been working on many items related to the general permit for the municipal separate storm sewer system (MS4). The purpose of this memorandum is to summarize the proposed ordinance that would implement regulations related to the MS4 permit. The City is required to implement a storm water quality management program. This requirement is part of the Environmental Protection Agency Phase II Final Rule, published in the Federal Register on Oecember 8, 1999. The rule requires NPDES permit coverage for storm water discharges for small MS4's. ORDINANCE SUMMARY The following is an overview of the various sections of the proposed ordinance. A copy of the complete ordinance is attached. Section 83-010 General Provisions. This section establishes the purposes for the regulations. The Director of Public Works is designated as the person responsible for administering, implementing and enforcing the ordinance. Section 83-020 Definitions. This section defines the terms specific to the regulations. Section 83-030 General Prohibitions. This section broadly prohibits the discharge of material other than storm water into the storm sewer. Also listed are discharges that are not considered violations, such as water from lawn watering or irrigation, water from fire fighting, or natural ground water. Section 83-040 Specific Prohibitions and Requirements. This section prohibits the discharge of certain materials into the storm sewer system. These materials include motor oil, antifreeze, domestic sewage, and contaminated water. Specific regulations are provided for materials such as pesticides, herbicides, fertilizers used oil. Page 1 Section 83-050 Release Reportinq and Cleanup. This section provides procedures for the reporting of the release of hazardous substances, oil and harmful pollutants into the storm sewer system. It also provides for follow-up reporting 15 days after the initial report. Section 83-060 Storm Water Discharqes From Construction Activities. Controlling runoff from construction site is one of the primary purposes of the ordinance. This section is intended to reduce the discharge of sediment, silt, soil and other construction materials into the storm sewer system using best management practices. This section provides a list of suggested techniques for controlling runoff. A separate best management practices manual is being prepared by the North Central Texas COG, which will contain many more suggested ways to prevent discharges on building sites during construction. This section also requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared and approved before construction begins on a site. A SWPPP must be prepared by a registered professional engineer. Section 83-070 Storm Water Discharqes Associated With Industrial Activity. This section is very similar to the previous one, except it provides specific requirements for industrial activity rather than construction. It establishes maximum allowable concentrations of hazardous materials when runoff is tested. Section 83-080 Compliance Monitorinq. This section give the Director of Public Works the right to enter construction sites, industrial sites or other premises to determine compliance with the ordinance. This section also allows the Director to conduct sampling and/or set up monitoring equipment on the site, if needed, and authorizes the use of search warrants if necessary. Section 83-090 Citizen Participation and Publication. This section encourages the public to report potential violations to the City. It also requires that owners and operators of commercial and industrial activities report spills and releases. The release of a hazardous or toxic material must also be directly reported to the Fire Department. The Director may publish a list of construction site or industrial activities that were in significant non- compliance. Section 83-100 Administrative Enforcement Remedies. This section establishes the procedures to be used in enforcing the ordinance. It provides for warning notices of violations, voluntary compliance agreements, compliance orders, emergency cease and desist orders, and other remedies. Section 83-110 Riqht to Reconsideration. Hearinq and Appeal. This section provides for an appeal hearing for reconsideration of an enforcement action. A person may petition for a reconsideration hearing within 10 days of notice by the City. The Director of Public Works is responsible for conducting the hearing. The petitioner may appeal the decision of the hearing to the City Council. Appeals beyond the City Council may be directed to an appropriate court. Section 83-120 Judicial Enforcement Remedies. This section authorizes the City to seek injunctive relief and civil penalties for repeated violations. This section also provides for criminal penalties, and allows civil suits to be filed under the Texas Water Code. Page 2 Section 83-130 Supplemental Enforcement Actions. This section allows the Director to accept performance bonds to achieve compliance with the ordinance. This section also declares violations of the ordinance to be public nuisances, and allows that violations may be enforced as nuisances. Section 83-140 Miscellaneous Provisions. This section authorizes the City to establish fees for the reimbursement of costs associated with implementing the storm water management program. No fees are proposed at this time. SWIMMING POOLS The EPA recommends that chlorinated water from swimming pools not be discharged into the storm sewer system or natural water bodies. In the future, the EPA may require that all swimming pools discharge water into the sanitary sewer system rather than into the street and storm drainage system. In anticipation of this requirement, Ordinance 0-02- 1358 was adopted on September 3,2002, which requires all newly constructed pools to tie backwash filters into the sanitary sewer system. According to the 2000 Census, there are 6,399 single family residences in Colleyville. The most recent Tarrant Appraisal District data indicates that 3,780 of these houses (59%) have swimming pools. The attached ordinance does not place any requirements on property owners with existing pools to retrofit their swimming pools to tie into the sanitary sewer system. The proposed ordinance does not prohibit the discharge of swimming pool water into the street. For pool owners interested in alternative methods for draining chlorinated water, the public education program could provide a list of options for the discharge or pre-treatment of the swimming pool water. SUMMARY The proposed ordinance is based on model ordinances provided by the EPA and the North Central Texas COG, and on existing ordinances adopted by the cities of Arlington and Fort Worth. The ordinance is only one portion of the overall storm water quality program in Colleyville. Other portions involve public education and outreach, public involvement, and good housekeeping criteria for city operations. Current city ordinances already contain some provisions that address storm water quality issues, such as erosion control requirements. Other changes to the Land Development Code will be proposed in the future to clarify and specify requirements for construction site runoff, storm water pollution prevention plans and best management practices. Internal policies and procedures will also be adopted for enforcement of the ordinance and monitoring of the storm sewer system. Page 3 DRAFT ORDINANCE 0-03-xxxx DRAFT AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE, TEXAS BY ADDING CHAPTER 83 STORM WATER QUALITY; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Environmental Protection Agency Phase II Final Rule, published in the Federal Register on December 8, 1999, requires NPDES permit coverage for storm water discharges from certain regulated small municipal separate storm sewer systems (MS4s); and WHEREAS, the City of Colleyville is required to implement a storm water quality management program, as mandated by the Environmental Protection Agency and the Texas Natural Resource Conservation Commission; and WHEREAS, the City Council of the City of Colleyville has determined that it is in the best interests of the residents of Colleyville, Texas, to adopt these regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Code of Ordinances of the City of Colleyville is hereby amended to add the following Chapter 83 Storm Water Quality: Section 83-010 General Provisions. A. Purposes. 1. To maintain and improve the quality of surface water and groundwater within the City of Colleyville, the North Central Texas Region, and the State of Texas. 2. To prevent the discharge of contaminated storm water runoff from industrial, commercial, residential, and construction sites into the municipal separate storm sewer system (MS4) and natural waters within the City of Colleyville. 3. To promote public awareness of the hazards involved in the improper discharge of hazardous substances, petroleum products, household hazardous waste, industrial waste, sediment from construction sites, pesticides, herbicides, fertilizers, and other contaminants into the storm sewers and natural waters of the City. Ordinance 0-03-xxxx Page 2 of 45 4. To encourage recycling of used motor oil and safe disposal of other hazardous consumer products. 5. To facilitate compliance with state and federal standards and permits by owners and operators of industrial and construction sites within the City. 6. To enable the City to comply with all federal and state laws and regulations applicable to storm water discharges. B. Administration Except as otherwise provided herein, the Director of Public Works shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted to or duties imposed upon the Director of Public Works may be delegated by the Director of Public Works to other City personnel. C. Abbreviations The following abbreviations when used in this Ordinance shall have the designated meanings: . BMP Best Management Practices . BTEX Benzene, Toluene, Ethylbenzene, and Xylene . CFR Code of Federal Regulations . EPA U.S. Environmental Protection Agency . HHW Hazardous Household Waste . mg/I Milligrams per liter . MS4 Municipal Separate Storm Sewer System . NOI Notice of Intent . NOT Notice of Termination . NPDES National Pollutant Discharge Elimination System . Ppb Parts per billion . PST Petroleum Storage Tank . RPE Registered Professional Engineer . RQ Reportable Quantity . SWPPP Storm Water Pollution Prevention Plan . TAC Texas Administrative Code . TPH Total Petroleum Hydrocarbons . USC United States Code Ordinance 0-03-xxxx Page 3 of 45 Section 83-020. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated. Agricultural Storm Water Runoff. Any storm water runoff from orchards, cultivated crops, pastures, range lands, and other non-point source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR Section 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR Section 122.24. Aquatic Monitoring Organism. The Fathead minnow Pimephales promelas, the bacterium Vibrio ficheri, or the daphnid Ceriodaphnia dubia. Best Management Practices (BMP). Schedules of activities, a prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the MS4 and waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Cellar Dirt. Construction site waste materials, such as natural rock and soil overburden. City. The City of Colleyville, Texas. Commencement of Construction. The disturbance of soils associated with clearing, grading, or excavating activities or other construction activities. Commercial. Pertaining to any business, trade, industry, or other activity engaged in for profit. Construction. Any human activity that involves clearing, grading, excavation, landfilling, or other placement, movement, removal, or disposal of soil, rock, or other earth materials. Contaminated. Containing a harmful quantity of any substance. Contamination. The presence of or entry into a public water supply system, the MS4, Waters of the State, or Waters of the United States of any substance which may be deleterious to the public health and/or the quality of the water. Ordinance 0-03-xxxx Page 4 of 45 Cosmetic Cleaning. Cleaning done for cosmetic purposes. The term does not include industrial cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal, state, or local laws. Director. The Director of Public Works or the Director's authorized representatives. Discharge. Any addition or introduction of any pollutant, storm water, or any other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United States. Discharger. Any person who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any operator of a construction site or industrial facility. Domestic Sewage. Human excrement, gray water (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, that is free from industrial waste. Environmental Protection Agency (EPA). The United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority of the EPA, and any duly authorized official of EPA or such successor agency. Extremely Hazardous Substance. Any substance listed in the Appendices to 40 CFR Part 355, Emergency Planning and Notification. Facility. Any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant. Fertilizer. A solid or non-solid substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential plant nutrient element content in promoting or stimulating growth of a plant or improving the quality of a crop, or a mixture of two or more fertilizers. The term does not include the excreta of an animal, plant remains, or a mixture of those substances, for which no claim of essential plant nutrients is made. Final Stabilization. The status when all soil disturbing activities at a site have been completed, and a uniform perennial vegetative cover with a density of 70% of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization Ordinance 0-03-xxxx Page 5 of 45 measures (such as the use of riprap, gabions, or geotextiles) have been employed. Fire Code. The "Fire Prevention and Protection" chapter of the City Code. Fire Department. The Fire Department of the City of Colleyville, or any duly authorized representative thereof. Fire Protection Water. Any water, and any substances or materials contained therein, used by any person other than the Fire Department to control or extinguish a fire. Garbage. Putrescible animal and vegetable waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products. Harmful Quantity. The amount of any substance that will cause pollution of waters in the State, Waters of the United States, or that will cause lethal or sub-lethal adverse effects on representative, sensitive aquatic monitoring organisms belonging to the City, upon their exposure to samples of any discharge into waters in the State, Waters of the United States, or the MS4. Hazardous Household Waste (HHW). Any material generated in a household (including single and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp grounds, picnic grounds, and day use recreational areas) by a consumer which, except for the exclusion provided in 40 CFR ~ 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Hazardous Substance. Any substance listed in Table 302.4 of 40 CFR Part 302. Hazardous Waste. Any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261. Hazardous Waste Treatment, Disposal, and Recovery Facility. All contiguous land, and structures, other appurtenances and improvements on the land, used for the treatment, disposal, or recovery of hazardous waste. Herbicide. A substance or mixture of substances used to destroy a plant or to inhibit plant growth. Industrial Waste. Any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade, or business. Ordinance 0-03-xxxx Page 6 of 45 Landfilling. The deposition of soil and other inert materials on the land to raise its grade and/or smooth its features. Mobile Commercial Cosmetic Cleaning. Power washing, steam cleaning, and any other mobile cosmetic cleaning operation, of vehicles and/or exterior surfaces, engaged in for commercial purposes. Motor Vehicle Fluid. Any vehicle crankcase oil, antifreeze, transmission fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, and any other fluid used in a motor vehicle. Municipal Separate Storm Sewer System (MS4). The system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage. Municipal Solid Waste. Solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial waste. National Pollutant Discharge Elimination System (NPDES). The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the federal Clean Water Act. NPDES General Permit for Storm Water Discharges Associated with Industrial Activity (or Industrial General Permit). The Industrial General Permit issued by EPA on August 27, 1992, and published in Volume 57 of the Federal Register at page 41304 on September 9, 1992, and any subsequent modifications or amendments thereto. NPDES General Permit for Storm Water Discharges from Construction Sites (or Construction General Permit). The Construction General Permit issued by EPA on August 27, 1992, and published in Volume 57 of the Federal Register at page 41217 on September 9, 1992, and any subsequent modifications or amendments thereto. NPDES Permit. A permit issued by EPA (or by the State under authority delegated pursuant to 33 USC S 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Ordinance 0-03-xxxx Page 7 of 45 Non-Point Source. Any source of any discharge of a pollutant that is not a "point source." Notice of Intent (NOI). The Notice of Intent that is required by the NPDES Storm Water Multi-Sector General Permit, the EPA Region 6 NPDES Storm Water Construction general permit, or any similar general permit to discharge storm water associated with industrial activity that is issued by the EPA or the TCEQ. Notice of Termination (NOT). The Notice of Termination that is required by either the Industrial General Permit or the Construction General Permit. Oil. Any kind of oil in any form, including, but not limited to, petroleum, fuel oil, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, sludge, oil refuse, and oil mixed with waste. Operate. Drive, conduct, work, run, manage, or control. Operator. The person or persons who, either individually or taken together, meet the following two criteria: (1) they have operational control over the facility specifications (including the ability to make modifications in specifications); and (2) they have the day-to-day operational control over those activities at the facility necessary to ensure compliance with pollution prevention requirements and any permit conditions. Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. Pesticide. A substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant (as these terms are defined in Section 76.001 of the Texas Agriculture Code). Petroleum Product. A petroleum product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel. pH. The logarithm to the base 10 of the reciprocal of the concentration in grams per liter of hydrogen ions; a measure of the acidity or alkalinity of a solution, expressed in standard units. Ordinance 0-03-xxxx Page 8 of 45 Point Source. Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. Pollutant. Dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; filter backwash; munitions; chemical wastes; biological materials; toxic materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal, recreational, and agricultural waste discharged into water or into the municipal separate storm sewer system. Pollution. The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any Water of the State or Water of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. POTW. Publicly Owned Treatment Works. Qualified Personnel. Persons who possess the appropriate competence, skills, and ability (as demonstrated by sufficient education, training, experience, and/or, when applicable, any required certification or licensing) to perform a specific activity in a timely and complete manner consistent with the applicable regulatory requirements and generally accepted industry standards for such activity. Registered Professional Engineer. A person who has been duly licensed and registered by the State Board of Registration for Professional Engineers to engage in the practice of engineering in the State of Texas. Release. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into ground-water, subsurface soils, surface soils, the municipal separate storm sewer system (MS4), the Water of the State, the Waters of the United States. Reporlable Quantity (RQ). For any "hazardous substance," the quantity established and listed in Table 302.4 of 40 CFR Part 302; for any "extremely hazardous substance," the quantity established in 40 CFR Part 355 and listed in Appendix A thereto. Ordinance 0-03-xxxx Page 9 of 45 Rubbish. Nonputrescible solid waste, excluding ashes, that consist of (1) combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and (2) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit). Sanitary Sewer (or Sewer). The system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to the City sewage treatment plant (and to which storm water, surface water, and groundwater are not intentionally admitted). Septic Tank Waste. Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Service Station. Any retail establishment engaged in the business of selling fuel for motor vehicles that is dispensed from stationary storage tanks. Sewage (or Sanitary Sewage). The domestic sewage andlor industrial waste that are discharged into the City sanitary sewer system and passes through the sanitary sewer system to the City sewage treatment plant for treatment. Site. The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity. Solid Waste. Any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including, solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations, and from community and institutional activities. State. The State of Texas. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt. Storm Water Discharge Associated With Industrial Activity. The discharge from any conveyance which is used for collecting and conveying storm water and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant which is within one of the categories of facilities listed in 40 CFR S 122.26(b)(14), and which is not excluded from EPA's definition of the same term. Ordinance 0-03-xxxx Page 10 of 45 Storm water Pollution Prevention Plan (SWPPP). A plan required by either the Construction General Permit or the Industrial General Permit and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in storm water discharges associated with construction or other industrial activity at the facility. Texas Pollutant Discharge Elimination System (TPDES). The program delegated to the State of Texas by the EPA pursuant to 33 use s1342(b). TSS (Total Suspended Solids). Solids that either float on the surface, or are in suspension in, water, wastewater, or other liquids, and which are generally removable by a laboratory filtration device. TSS is expressed in milligrams per liter. Uncontaminated. Not containing a harmful quantity of any substance. Used Oil (or Used Motor Oil). Any oil that has been refined from crude oil or a synthetic oil that, as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties but that may be suitable for further use and is recyclable in compliance with State and federal law. Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility. Water in the State (or Water). Any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the State, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all water courses and bodies of surface water, that are wholly or partially inside or bordering the State or inside the jurisdiction of the State. Water Quality Standard. The designation of a body or segment of surface water in the State for desirable uses and the narrative and numerical criteria deemed by the State to be necessary to protect those uses, as specified in Chapter 307 of Title 31 of the Texas Administrative Code. Waters of the United States. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in Ordinance 0-03-xxxx Page 11 of 45 this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR S122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act. Wetland. An area that is inundated or saturated by surface or ground-water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Yard Waste. Leaves, grass clippings, yard and garden debris, and brush that results from landscaping maintenance and land-clearing operations. Section 83-030. General Prohibition A. No person shall introduce or cause to be introduced into the municipal separate storm sewer system (MS4) any discharge that is not composed entirely of storm water. B. It is an affirmative defense to any enforcement action for violation of Subsection A of this Section that the discharge was composed entirely of one or more of the following categories of discharges: 1. A discharge authorized by, and in full compliance with, an NPDES permit (other than the NPDES permit for discharges from the MS4); 2. A discharge or flow resulting from fire fighting by the Fire Department; 3. A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials; 4. Agricultural storm water runoff; 5. A discharge or flow from water line flushing, but not including a discharge from water line disinfection by superchlorination or other means unless it contains no harmful quantity of chlorine or any other chemical used in line disinfection; 6. A discharge or flow from lawn watering, landscape irrigation, or other irrigation water; 7. A discharge or flow from a diverted stream flow or natural spring; Ordinance 0-03-xxxx Page 12 of 45 8. A discharge or flow from uncontaminated pumped groundwater or rising groundwater; 9. Uncontaminated groundwater infiltration (as defined as 40 C.F.R. S 35.2005(20)) to the MS4; 10. Uncontaminated discharge or flow from a foundation drain, crawl space pump, footing drain, or sump pump; 11. A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container; 12. A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollutant; 13. A discharge or flow from individual residential car washing; 14. A discharge or flow from a riparian habitat or wetland; 15. A discharge or flow from water used in street washing that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance; 16. Storm water runoff from a roof that is not contaminated by any runoff or discharge from an emissions scrubber or filter or any other source of pollutant; C. No affirmative defense shall be available under Subsection B of this section if the discharge or flow in question has been determined by the Director to be a source of a pollutant or pollutants to the waters of the United States or to the MS4, written notice of such determination has been provided to the discharger, and the discharge has occurred more than fifteen (15) days beyond such notice. The correctness of the Director's determination that a discharge is a source of a pollutant or pollutants may be reviewed in any administrative or judicial enforcement proceeding. D. The burden of proof that a discharge was composed entirely of one or more of the categories in Subsection B and that it was not a source of a pollutant or pollutants to waters of the United States or to the MS4 is upon the person or entity responsible for the discharge. Ordinance 0-03-xxxx Page 13 of 45 Section 83-040. Specific Prohibitions and Requirements A. The specific prohibitions and requirements in this section are not necessarily inclusive of all the discharges prohibited by the general prohibition in Section 83-030. B. No person shall introduce or cause to be introduced into the MS4 any discharge that causes or contributes to causing the City to violate a water quality standard, the City's NPDES permit, or any state-issued discharge permit for discharges from its MS4. C. No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or otherwise introduce or cause, allow, or permit to be introduced any of the following substances into the MS4: 1. Any used motor oil, antifreeze, or any other motor vehicle fluid; 2. Any industrial waste; 3. Any hazardous waste, including hazardous household waste; 4. Any domestic sewage or septic tank waste, grease trap waste, or grit trap waste; 5. Any garbage, rubbish, or yard waste; 6. Any wastewater from a commercial carwash facility; from any vehicle washing, cleaning, or maintenance at any new or used automobile or other vehicle dealership, rental agency, body shop, repair shop, or maintenance facility; or from any washing, cleaning, or maintenance of any business or commercial or public service vehicle, including a truck, bus, or heavy equipment, by a business or public entity that operates such vehicles; 7. Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior that contains any soap, detergent, degreaser, solvent, or any other harmful cleaning substance; 8. Any wastewater from floor, rug, or carpet cleaning; 9. Any wastewater from the washdown or other cleaning of pavement that contains any harmful quantity of soap, detergent, solvent, degreaser, emulsifier, dispersant, or any other harmful cleaning substance; or any wastewater from the washdown or other cleaning of any pavement where any spill, leak, or other release of oil, motor Ordinance 0-03-xxxx Page 14 of 45 fuel, or other petroleum or hazardous substance has occurred, unless all harmful quantities of such released material have been previously removed; 10. Any effluent from a cooling tower, condenser, compressor, emissions scrubber, emissions filter, or the blowdown from a boiler; 11. Any ready-mixed concrete, mortar, ceramic, or asphalt base material or hydromulch material, or from the cleaning of vehicles or equipment containing, or used in transporting or applying, such material; 12. Any runoff or washdown water from any animal pen, kennel, or foul or livestock containment area; 13. Any discharge from water line disinfection by superchlorination or other means if it contains any harmful quantity of chlorine or any other chemical used in line disinfection; 14. Any fire protection water containing oil or hazardous substances or materials that the Fire Code requires to be contained and treated prior to discharge, unless treatment adequate to remove pollutants occurs prior to discharge. This prohibition does not apply to discharges or flow from fire fighting by the Fire Department.; 15. Any water from a water curtain in a spray room used for painting vehicles or equipment; 16. Any contaminated runoff from a vehicle wrecking yard; 17. Any substance or material that will damage, block, or clog the MS4; 18. Any release from a petroleum storage tank (PST), or any leachate or runoff from soil contaminated by a leaking PST, or any discharge of pumped, confined, or treated wastewater from the remediation of any such PST release. D. No person shall introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction activities, or associated with landfilling or other placement or disposal of soil, rock, or other earth materials, in excess of what could be retained on site or captured by employing sediment and erosion control measures to the maximum extent practicable. Ordinance 0-03-xxxx Page 15 of 45 E. No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4, or allow such a connection to continue. F. No person shall cause or allow any pavement washwater from a service station to be discharged into the MS4 unless such washwater has passed through a properly functioning and maintained grease, oil, and sand interceptor before discharge into the MS4. G. No person shall connect an interior floor drain or any other source of wastewater, domestic or industrial, to the MS4, or allow such a connection to continue. H. Regulation of Pesticides, Herbicides, and Fertilizers. 1 . No person shall use or cause to be used any pesticide or herbicide contrary to any directions for use on any labeling required by state or federal statute or regulation. 2. No person shall use or cause to be used any pesticide, herbicide, or fertilizer in any manner that the person knows, or reasonably should know, is likely to cause, or does cause, a harmful quantity of the pesticide, herbicide, or fertilizer to enter the MS4 or waters of the United States. 3. No person shall dispose of, discard, store, or transport a pesticide, herbicide, or fertilizer, or a pesticide, herbicide, or fertilizer container, in a manner that the person knows, or reasonably should know, is likely to cause, or does cause, a harmful quantity of the pesticide, herbicide, or fertilizer to enter the MS4 or waters of the United States. 4. If provided with a display notice containing the provisions of this Subsection, pertaining to the regulation of pesticides, herbicides, and fertilizers (or a reasonable description thereof), and the information that any user of the product may obtain further information from the Director, any person selling pesticides, herbicides, or fertilizers at retail or wholesale shall post the notice prominently where it may be read by purchasers of the product. I. Used Oil Regulation. 1. No person shall: (a) Discharge used oil into the MS4 or a sewer, drainage system, septic tank, surface water, groundwater, or water course; Ordinance 0-03-xxxx Page 16 of 45 (b) Knowingly mix or commingle used oil with solid waste that is to be disposed of in a landfill or knowingly directly dispose of used oil on land or in a landfill; (c) Apply used oil to a road or land for dust suppression, weed abatement, or other similar use that introduces used oil into the environment. 2. All businesses that change motor oil for the public, municipal waste landfills, and fire stations are encouraged to serve as public used oil collection centers as provided by state statute in Section 371.024 of the Texas Health & Safety Code. 3. A retail dealer who annually sells directly to the public more than five hundred (500) gallons of oil in containers for use off-premises shall post in a prominent place a sign provided by the City or by the state informing the public that improper disposal of used oil is prohibited by law. The sign shall prominently display the toll-free telephone number of the state used oil information center. If a sign is provided by the City, it shall also prominently display the City telephone number where information concerning the proper disposal of used oil may be obtained. Section 83-050. Release Reporting and Cleanup A. The person in charge of any facility, vehicle, or other source of any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, dumping, disposing, or any other release of any of the following quantities of any of the following substances that may flow, leach, enter, or otherwise be introduced into the MS4 or waters of the United States, shall immediately telephone and notify the Director concerning the incident: 1. An amount equal to or in excess of a reportable quantity of any hazardous substance, as established under 40 CFR Part 302; 2. An amount equal to or in excess of a reportable quantity of any extremely hazardous substance, as established under 40 CFR Part 355; 3. An amount of oil that either (a) violates applicable water quality standards, or (b) causes a film or sheen upon or discoloration of the surface of the water or an adjoining shoreline or causes a sludge or Ordinance 0-03-xxxx Page 17 of 45 emulsion to be deposited beneath the surface of the water or upon an adjoining shoreline; or 4. Any harmful quantity of any pollutant. B. The immediate notification required by Subsection A shall include the following information: 1. The identity or chemical name of the substance released, and whether the substance is an extremely hazardous substance; 2. The exact location of the release, including any known name of the waters involved or threatened and any other environmental media affected; 3. The time and duration (thus far) of the release; 4. An estimate of the quantity and concentration (if known) of the substance released; 5. The source of the release; 6. Any known or anticipated health risks associated with the release and, where appropriate, advice regarding medical attention that may be necessary for exposed individuals; 7. Any precautions that should be taken as a result of the release; 8. Any steps that have been taken to contain and/or clean up the released material and minimize its impacts; and 9. The names and telephone numbers of the person or persons to be contacted for further information. C. Within fifteen (15) days following such release, the responsible person in charge of the facility, vehicle, or other source of the release shall, unless waived by the Director, submit a written report containing each of the items of information specified above in paragraph B, as well as the following additional information: 1. The ultimate duration, concentration, and quantity of the release; 2. All actions taken to respond to, contain, and clean up the released substances, and all precautions taken to minimize the impacts; Ordinance 0-03-xxxx Page 18 of 45 3. Any known or anticipated acute or chronic health risks associated with the release; 4. Where appropriate, advice regarding medical attention necessary for exposed individuals; 5. The identity of any governmental/private sector representatives responding to the release; and 6. The measures taken or to be taken by the responsible person(s) to prevent similar future occurrences. D. The notifications required by Subsections Band C above shall not relieve the responsible person of any expense, loss, damage, or other liability which may be incurred as a result of the release, including any liability for damage to the City, to natural resources, or to any other person or property; nor shall such notification relieve the responsible person of any fine, penalty, or other liability which may be imposed pursuant to this Ordinance or to state or federal law. E. Any person responsible for any release as described in Subsection A above shall comply with all state, federal, and any other local law requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release. F. Any person responsible for a release described in Subsection A above shall reimburse the City for any cost incurred by the City in responding to the release. Section 83-060. Storm Water Discharges From Construction Activities A. General Requirements 1. All operators of construction sites shall use best management practices to control and reduce the discharge, to the MS4 and to waters of the United States, of sediment, silt, earth, soil, and other material associated with the clearing, grading, excavation, and other construction activities to the maximum extent practicable. Such best management practices may include, but not be limited to, the following measures: (a) Ensuring that existing vegetation is preserved where feasible and that disturbed portions of the site are stabilized as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased. Ordinance 0-03-xxxx Page 19 of 45 Stabilization measures may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures; (b) Use of structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from the site to the extent feasible; (c) Minimization of the tracking of sediments off-site by vehicles, the generation of dust, and the escape of other windblown waste from the site; (d) Prevention of the discharge of building materials, including cement, lime, concrete, and mortar, to the MS4 or waters of the United States; (e) Providing general good housekeeping measures to prevent and contain spills of paints, solvents, fuels, septic waste, and other hazardous chemicals and pollutants associated with construction, and to assure proper cleanup and disposal of any such spills in compliance with state, federal, and local requirements; (f) Implementation of proper waste disposal and waste management techniques, including covering waste materials and minimizing ground contact with hazardous chemicals and trash; (g) Timely maintenance of vegetation, erosion and sediment control measures, and other best management practices in good and effective operating condition; and (h) Installation of structural measures during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed. Structural measures should be placed on upland soils to the degree attainable. Such installed structural measures may include, but not be limited to, the following: storm water detention structures (including wet ponds); storm water retention structures; flow attenuation by use of open vegetative swales and natural depressions; other velocity dissipation devices; infiltration of runoff on site; and sequential systems which combine several practices. Operators of construction sites are only responsible for the installation and maintenance of storm water management Ordinance 0-03-xxxx Page 20 of 45 measures prior to final stabilization of the site, and are not responsible for maintenance after storm water discharges associated with construction activity have terminated. 2. Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of any construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once every seven calendar days and within 24 hours of the end of a storm that is 0.5 inches or greater. All erosion and sediment control measures and other identified best management practices shall be observed in order to ensure that they are operating correctly and are effective in preventing significant impacts to receiving waters and the MS4. Based on the results of the inspection, best management practices shall be revised as appropriate, and as soon as is practicable. 3. The Director may require any plans and specifications that are prepared for the construction of site improvements to illustrate and describe the best management practices required by Section 83- 060.A.1 above that will be implemented at the construction site. The City may deny approval of any building permit, grading permit, subdivision plat, site development plan, or any other City approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the management practices described in the plans or observed upon a site inspection by the Director are determined not to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with clearing, grading, excavation, and other construction activities to the maximum extent practicable. 4. Any owner of a site of construction activity, whether or not he/she is an operator, is jointly and severally responsible for compliance with the requirements in this Section 83-060.A. 5. Any contractor or subcontractor on a site of construction activity, who is not an owner or operator, but who is responsible under his/her contract or subcontract for implementing a best management practices control measure, is jointly and severally responsible for any willful or negligent failure on his/her part to adequately implement that control measure if such failure causes or contributes to causing the City to violate a water quality standard, the City's NPDES permit, or any State-issued discharge permit for discharges from its MS4. Ordinance 0-03-xxxx Page 21 of 45 B. Five-Acre Disturbances All operators of sites of construction activity, including clearing, grading, and excavation activities, that result in the disturbance of five or more acres of total land area, or that are part of a common plan of development or sale within which five or more acres of total land area are disturbed, or who are required to obtain an NPDES permit for storm water discharges associated with construction activity, shall comply with the following requirements, in addition to those in Section 83-060.A: 1 . Any operator who intends to obtain coverage for storm water discharges from a construction site under the NPDES General Permit for Storm Water Discharges From Construction Sites ("the Construction General Permit") shall submit a signed copy of its Notice of Intent (NOI) to the Director at least fifteen (15) days prior to the commencement of construction activities. If the construction activity is already underway upon the effective date of this Ordinance, the NOI shall be submitted within thirty (30) days. For storm water discharges from construction sites where the operator changes, an NOI shall be submitted at least 2 days prior to when the operator commences work at the site. 2. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and implemented prior to the beginning of construction activities in accordance with the requirements of the Construction General Permit or any individual or group NPDES permit issued for storm water discharges from the construction site, and with any additional requirement imposed by or under this Ordinance and any other city ordinance. 3. The SWPPP shall be prepared, signed, and sealed by a Registered Professional Engineer. The signature and seal of the Registered Professional Engineer shall constitute hisllher attestation that the SWPPP fully complies with the requirements of the Construction General Permit, or with any applicable individual NPDES permit issued for storm water discharges from the construction site, and with any additional requirement imposed by this Ordinance. The SWPPP shall contain the name, title, and business address of the Registered Professional Engineer signing it, and the date of preparation. 4. The SWPPP shall be completed prior to the submittal of the NOI to the Director and, for new construction, prior to the commencement of construction activities. The SWPPP shall be updated and modified as appropriate and as required by the Construction General Permit and this Ordinance. Ordinance 0-03-xxxx Page 22 of 45 5. A copy of any NOI that is required by Section 83-060.B.1 shall be submitted to the City in conjunction with any application for a building permit, grading permit, subdivision plat approval, site development plan approval, and any other City approval necessary to commence or continue construction at the site. 6. The Director may require any operator who is required by Section 83-060.B.2 to prepare a SWPPP to submit the SWPPP, and any modifications thereto, to the Director for review. Such submittal and review of the SWPPP may be required by the Director prior to commencement of or during construction activities at the site. 7. Upon the Director's review of the SWPPP and any site inspection that he/she may conduct, the City may deny approval of any building permit, grading permit, subdivision plat, site development plan, or any other City approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the SWPPP does not comply with the requirements of the Construction General Permit, any individual or group NPDES permit issued for storm water discharge from the construction site, or any additional requirement imposed by or under this Ordinance. If at any time the Director determines that the SWPPP is not being fully implemented, the City may similarly deny approval of any building permit, grading permit, subdivision plat, site development plan or any other City approval necessary to commence or continue construction, or to assume occupancy, at the site. 8. Any significant modification to the SWPPP shall be prepared, signed, and sealed by a Registered Professional Engineer as required for the original SWPPP by Section 83-060.B.3. 9. All contractors and subcontractors identified in an SWPPP shall sign a copy of the following certification statement before conducting any professional service identified in the SWPPP: I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification, with the Storm Water Quality Ordinance of the City of Colleyville, and with those provisions of the Storm Water Pollution Prevention Plan (SWPPP) for the construction site for which I am responsible. Ordinance 0-03-xxxx Page 23 of 45 The certification must include the name and title of the person providing the signature; the name, address, and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. 10. The SWPPP, with the Registered Professional Engineer's signature and seal affixed, and the certifications of contractors and subcontractors required by Section 83-060.B.9, and with any modifications attached, shall be retained at the construction site from the date of commencement of construction through the date of final stabilization. 11. The operator shall make the SWPPP and any modification thereto available to the Director upon request, as well as to EPA and State inspectors. 12. The Director may notify the operator at any time that the SWPPP does not meet the requirements of the Construction General Permit, any applicable individual or group NPDES permit issued for storm water discharges from the construction site, or any additional requirement imposed by or under this Ordinance. Such notification shall identify those provisions of the permit or Ordinance which are not being met by the SWPPP, and identify which provisions of the SWPPP require modifications in order to meet such requirements. Within seven (7) days of such notification from the Director, the operator shall make the required changes to the SWPPP and shall submit to the Director a written certification that the requested changes have been made. 13. The operator shall amend the SWPPP whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the MS4 or to the waters of the United States, and which has not otherwise been addressed in the SWPPP, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in storm water discharges associated with construction activity. In addition, the SWPPP shall be amended to identify any new contractor and/or subcontractor that will implement a measure in the SWPPP. 14. Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and Ordinance 0-03-xxxx Page 24 of 45 locations where vehicles enter or exit the site, at least once every seven calendar days and within 24 hours of the end of the storm that is 0.5 inches or greater. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the SWPPP shall be observed to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters or the MS4. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment tracking. 15. Based on the results of the inspections required by Section 83- 060.B.14, the site description and/or the pollution prevention measures identified in the SWPPP shall be revised as appropriate, but in no case later than seven (7) calendar days following the inspection. Such modifications shall provide for timely implementation of any changes to the SWPPP within seven (7) calendar days following the inspection. 16. A report summarizing the scope of any inspection required by Section 83-060.B.14, and the name(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with Section 83-060.B.15 above shall be made and retained as part of the SWPPP for at least three (3) years from the date that the site is finally stabilized. Such report shall identify any incidence of noncompliance. Where a report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP, the facility's NPDES permit, and this Ordinance. The report shall be certified and signed by the person responsible for making it. 17. The operator shall retain copies of any SWPPP and all reports required by this Ordinance or by the NPDES permit for the site, and records of all data used to complete the NOI, for a period of at least three (3) years from the date that the site is finally stabilized. 18. Where a site has been finally stabilized and all storm water discharges from construction activities that are authorized by this Ordinance and by the NPDES permit for those construction activities are eliminated, or where the operator of all storm water discharges at a facility changes, the operator of the construction Ordinance 0-03-xxxx Page 25 of 45 site shall submit to the Director a Notice of Termination (NOT) that includes the information required for Notices of Termination by Part VIII of the Construction General Permit. 19. Upon final stabilization of the construction site, the owner or the duly authorized representative thereof, shall submit written certification to the Director that the site has been finally stabilized. The City may withhold an occupancy or use permit for any premises constructed on the site until such certification of final stabilization has been filed and the Director has determined, following any appropriate inspection, that final stabilization has, in fact, occurred and that any required permanent structural controls have been completed. Section 83-070. Storm Water Discharges Associated With Industrial Activity A. All operators of (1) municipal landfills; (2) hazardous waste treatment, disposal, and recovery facilities; (3) industrial facilities that are subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA) 42, USC ~ 11023; and (4) industrial facilities that the Director determines are contributing a substantial pollutant loading to the MS4, which are sources of storm water discharges associated with industrial activity, shall comply with the following requirements: 1 . Any operator who intends to obtain coverage for storm water discharge associated with industrial activity under the NPDES General Permit for Storm Water Discharges Associated With Industrial Activity ("the Industrial General Permit") shall submit a signed copy of its Notice of Intent (NOI) to the Director at least two (2) days prior to the commencement of the industrial activity at the facility. If industrial activity is already underway upon the effective date of this Ordinance, the NOI shall be submitted within thirty (30) days. Where the operator of a facility with a storm water discharge associated with industrial activity which is covered by the Industrial General Permit changes, the new operator of the facility shall submit an NOI at least two (2) days prior to the change. 2. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and implemented in accordance with the requirements of the Industrial General Permit or any individual or group NPDES permit issued for storm water discharges from the industrial facility, and with any additional requirement imposed by or under this Ordinance, and any other City ordinance. Ordinance 0-03-xxxx Page 26 of 45 3. The SWPPP shall be prepared, signed, and sealed by a Registered Professional Engineer. The SWPPP shall contain the name, title, and business address of the Registered Professional Engineer signing it, and the date of preparation. 4. The SWPPP shall be completed prior to the submittal of the NOI to the Director and, for a new industrial operation, prior to the commencement of the industrial activity at the facility. The SWPPP shall be updated and modified as appropriate and as required by the Industrial General Permit and this Ordinance. 5. A copy of any NOI that is required by Section 83-070-A.1 shall be submitted to the City in conjunction with any application for a permit or any other City approval necessary to commence or continue operation of the industrial facility. 6. The Director may require any operator who is required by Section 83-070.A.2 to prepare a SWPPP to submit the SWPPP, and any modifications thereto, to the Director for review. Such submittal and review of the SWPPP may be required by the Director prior to commencement of or during industrial activity at the facility. 7. Upon the Director's review of the SWPPP and any site inspection that he/she may conduct, the City may deny approval of any application for a permit or any other City approval necessary to commence or continue operation of the facility, on the grounds that the SWPPP does not comply with the requirements of the Industrial General Permit, any individual or group NPDES permit issued for storm water discharges from the industrial facility, or any additional requirement imposed by or under this Ordinance. If at any time the Director determines that the SWPPP is not being fully implemented, the City may similarly deny approval of any application for a permit or other City approval necessary to commence or continue operation of the industrial facility. 8. Any significant modification to the SWPPP shall be prepared, signed, and sealed by a Registered Professional Engineer, as required for the original SWPPP by Section 83-070.A.3. 9. The SWPPP, with the Registered Professional Engineer's signature and seal affixed, and with any modifications attached, shall be retained at the industrial facility from the date of commencement of operations until all storm water discharges associated with industrial activity at the facility are eliminated and the required Notice of Termination (NOT) has been submitted. Ordinance 0-03-xxxx Page 27 of 45 10. The operator shall make the SWPPP and any modification thereto available to the Director upon request, as well as to EPA and State inspectors. 11. The Director may notify the operator at any time that the SWPPP does not meet the requirements of the Industrial General Permit, any applicable individual or group NPDES permit issued for storm water discharges from the industrial facility, or any additional requirement imposed by or under this Ordinance. Such notification shall identify those provisions of the permit or Ordinance which are not being met by the SWPPP, and identify which provisions of the SWPPP require modifications in order to meet such requirements. Within thirty (30) days of such notification from the Director, the operator shall make the required changes to the SWPPP and shall submit to the Director a written certification that the requested changes have been made. 12. The operator shall amend the SWPPP whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the MS4 or to the waters of the United States, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in storm water discharges associated with industrial activity. 13. Qualified personnel (provided by the operator) shall inspect equipment and areas of the facility specified in the SWPPP at appropriate intervals. A set of tracking or followup procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspection shall be maintained. 14. Qualified personnel (provided by the operator) shall conduct comprehensive site compliance evaluations as required by the appropriate NPDES General Permit at intervals of no less than once per year. Based on the results of the compliance evaluation, the description of potential pollutant sources and the pollution prevention measures and controls identified in the SWPPP shall be revised as appropriate within two weeks of such evaluation and shall provide for implementation of any changes to the SWPPP in a timely manner, but in no case more than twelve (12) weeks after the compliance evaluation. 15. A report summarizing the scope of the comprehensive site compliance evaluation required by Section 83-070.A.14, personnel Ordinance 0-03-xxxx Page 28 of 45 making the compliance inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with necessary and appropriate plan revisions shall be made and retained as part of the SWPPP for at least one year after all storm water discharges from the facility are eliminated and the required NOT has been submitted. The report shall identify any incidence of noncompliance; or, if the report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance with the SWPPP, the applicable NPDES permit, and this Ordinance. The report shall be signed by the individual responsible for the comprehensive site compliance evaluation. 16. If the industrial facility is required by by the appropriate NPDES General Permit to conduct monitoring, records of the monitoring results shall be retained at the facility and made available to the Director upon request. 17. By written notice, the Director may require any industrial facility identified in accordance with this Section 83-070 to implement a monitoring program that includes the submission of quantative data on the following constituents: (a) any pollutants limited in effluent guidelines subcategories; (b) any pollutant listed in an existing NPDES permit for the facility; (c) oil and grease, COD, pH, BOD5, TSS, total phosphorus, total Kjeldahl nitrogen, nitrate plus nitrite nitrogen; and (d) any information on discharges required under 40 CFR 122.21 (g)(7)(iii) and (iv). The Director may require written reports of any such monitoring to be submitted to the City. 18. By written notice, the Director may require any industrial facility identified in this Section 83-070 to conduct semi-annual or annual monitoring of storm water discharges, or the Director may specify an alternative monitoring frequency and/or specify additional parameters to be analyzed. The Director may require written reports of any such additional monitoring to be submitted to the City. Ordinance 0-03-xxxx Page 29 of 45 19. The operator shall retain the SWPPP until at least one year after storm water discharges associated with industrial activity at the facility are eliminated, or that operator is no longer operating the facility, and a Notice of Termination (NOT) in compliance with Section 83-070.A.23 has been submitted. The operator shall retain all records of all monitoring information, copies of all required reports, and records of all data used to complete the NOI, until at least one year after all storm water discharges associated with industrial activity at the facility are eliminated, or the operator ceases to operate that facility, and the required Notice of Termination (NOT) has been submitted. 20. For discharges subject to the semi-annual or annual monitoring requirements of the appropriate NPDES General Permit, in addition to the records-retention requirements of Section 83-070.A.20, operators are required to retain for a six year period from the date of sample collection, records of all monitoring information collected. Operators must submit such monitoring results, and/or a summary thereof, to the Director upon request. 21. Upon the effective date of this Ordiance, any discharge composed of coal pile runoff shall comply with the following limitations: (a) no discharge shall exceed a maximum concentration for any time of 50 mg/I total suspended solids, nor shall such runoff be diluted with storm water or other flows in order to meet this limitation; (b) the pH of such discharges shall be within the range of 6.0- 9.0. Any untreated overflow from facilities designed, constructed, and operated to treat the volume of coal pile runoff which is associated with a ten-year, 24-hour rainfall event shall not be subject to the 50 mg/llimitation for total suspended solids. 22. Upon the effective date of this Ordinance, no discharge shall contain any of the following hazardous metals in a concentration exceeding the maximum allowable concentrations (in mg/I) of each of the hazardous metals listed below: Total Metal Monthly Average Daily Composite Single Grab Arsenic Barium 0.1 1.0 0.2 2.0 0.3 4.0 Cadmium Chromium Copper Lead Manganese Mercury Nickel Selenium Silver Zinc 0.05 0.5 0.5 0.5 1.0 0.005 1.0 0.05 0.05 1.0 0.1 1.0 1.0 1.0 2.0 0.005 0.1 0.1 0.1 2.0 Ordinance 0-03-xxxx Page 30 of 45 0.2 5.0 2.0 1.5 3.0 0.01 0.2 0.2 0.2 6.0 23. Where all storm water discharges associated with industrial activity that are authorized by this Ordinance, and by the NPDES permit for those discharges from industrial activities, are eliminated, or where the operator of storm water discharges associated with industrial activity at a facility changes, the operator of the facility shall submit to the Director a Notice of Termination (NOT) that includes the information required for Notices of Termination by the appropriate N PDES General Permit. B. Any owner of a facility with a storm water discharge associated with industrial activity to which Section 83-070.A applies, whether or not he/she is an operator of the facility, is jointly and severally responsible for compliance with the best management practices (BMP) measures required in the SWPPP for the facility and for compliance with the effluent limitations for coal pile runoff and hazardous metals specified in Section 83-070.A.21 and 83-070.A.22 above. C. Upon request by the Director, all owners and operators of any facility that experiences a problem complying with the requirements of this Ordinance, the Industrial General Permit, or any applicable individual or group NPDES permit issued for storm water discharges from the industrial facility, shall consult with the Director, any other representative of the City, and any third-party designated by the City in an attempt to achieve compliance as soon as practicable. If compliance is not achieved to the City's satisfaction, the City may, in its discretion, report the noncompliance to EPA and/or the State, and/or the City may itself undertake any enforcement action authorized by Sections 83-100, 83- 120 or 83-130 of this Ordinance. Exercise of the City's option for consultation under this paragraph shall not be a bar against, or prerequisite for, taking any other enforcement action against any owner or operator of the facility. Ordinance 0-03-xxxx Page 31 of 45 Section 83-080. Compliance Monitoring A. Riqht of Entry: Inspection and Samplinq The Director shall have the right to enter the premises of any person discharging storm water to the municipal separate storm sewer system (MS4) or to waters of the United States to determine if the discharger is complying with all requirements of this Ordinance, and with any state or federal discharge permit, limitation, or requirement. Dischargers shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and for the performance of any additional duties. Dischargers shall make available to the Director, upon request, any SWPPPs, modifications thereto, self-inspection reports, monitoring records, compliance evaluations, Notices of Intent, and any other records, reports, and other documents related to compliance with this Ordinance and with any state or federal discharge permit. 1. Where a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing his/her responsibilities. 2. The Director shall have the right to set up on the discharger's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the discharger's operations. 3. The Director may require any discharger to the MS4 or waters of the United States to conduct specified sampling, testing, analysis, and other monitoring of its storm water discharges, and may specify the frequency and parameters of any such required monitoring. 4. The Director may require the discharger to install monitoring equipment as necessary at the discharger's expense. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the discharger at the written or verbal request of the Ordinance 0-03-xxxx Page 32 of 45 Director and shall not be replaced. The costs of clearing such access shall be borne by the discharger. 6. Unreasonable delays in allowing the Director access to the discharger's premises shall be a violation of this Ordinance. B. Search Warrants If the Director has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Ordinance or any state or federal discharge permit, limitation, or requirement, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Director may seek issuance of a search warrant from any court of competent jurisdiction. Section 83-090. Citizen Participation and Publication A. Reports of Violations 1. All citizens are encouraged to report to the Director any spills, releases, illicit connections, other instances of anyone discharging pollutants into the MS4 or waters of the United States, and any other violation of this Ordinance of which they become aware. 2. Such citizen reports may be made by telephone, in writing, and in person. A written record of each citizen report will be prepared and kept on file for a period of three (3) years, and a copy of the City's record of the report will be furnished to the reporting citizen upon request. Also upon request, the Director will inform the reporting citizen of any action undertaken by the City in response to the citizen's report. 3. The Operator and Owner of any commercial or industrial activity shall report any spills, releases, illicit connections, or other instances where pollutants are discharged into the MS4 or waters of the United States and any other violation of this Ordinance for which they are responsible to the Director. 4. The Operator and Owner of any commercial or industrial activity shall report all incidents enumerated in Section 83-090.A.3 in accordance with the following: Ordinance 0-03-xxxx Page 33 of 45 (a) A hazardous and/or toxic material spill or release shall be immediately reported to the Colleyville Fire Department. (b) Other instances where pollutants are discharged into the MS4 or waters of the United States by spill, release, illicit connections or other means shall be reported to the Director. 5. Both the Operator and the Owner of any commercial or industrial activity whih has resulted in a spill or release of hazardous and/or toxic materials or a substance of a polluting nature is responsible for proper notification of the incident to the appropriate county, state and federal agency. The reporting of a spill or release to the City of Colleyville does not release the Owner or Operator from reporting to the appropriate County, State and Federal officials. B. Publication of Discharqers in Siqnificant Noncompliance The Director may periodically publish, in a daily newspaper generally distributed within the City, a list of owners and operators of discharges to the MS4 or waters of the United States from sites of construction and industrial activity which, during the previous six (6) months, were in significant noncompliance with the requirements of this Ordinance. The term "significant noncompliance" shall mean: 1. Introducing or causing to be introduced into the waters of the United States any discharge that violates a water quality standard; 2. Introducing or causing to be introduced into the MS4 any discharge that causes or contributes to causing the City to violate a water quality standard, the City's NPDES permit, or any state-issued discharge permit for discharges from the City's MS4; 3. Any connection of a line conveying sanitary sewage, domestic or industrial, to the MS4, or allowing any such connection to continue; 4. Any discharge of pollutants to the MS4 or waters of the United States that has caused an imminent or substantial endangerment to the health or welfare of persons or to the environment, or has resulted in the Director's exercise of hislher emergency authority to halt or prevent such a discharge; 5. Any violation that has resulted in injunctive relief, civil penalties, or criminal fine being imposed as a judicial remedy under Section 83- 120 of this Ordinance; or Ordinance 0-03-xxxx Page 34 of 45 6. Any other violation(s) which the Director determines to be chronic or especially dangerous to the public or to the environment. 7. Any failure to comply with a compliance schedule, whether imposed by the City or by a court. Section 83-100. Administrative Enforcement Remedies A. Warninq Notice When the Director finds that any person has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, the Director may serve upon that person a written Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this subsection shall limit the authority of the Director to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice. B. Notification of Violation When the Director finds that any person has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, the Director may serve upon that person a written Notice of Violation. Within ten (10) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention of reoccurrence thereof, to include specific required actions, shall be submitted by the alleged violator to the Director. If the alleged violator denies that any violation occurred and/or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to the Director within ten (10) days of receipt of the notice. Submission of an explanation and/or plan in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency action or any other enforcement action, without first issuing a Notice of Violation. Ordinance 0-03-xxxx Page 35 of 45 C. Consent Orders The Director may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance with any provision in this Ordinance or any order issued hereunder. Such documents may include specific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 83-1 OO.E, 83-1 OO.F and 83-100.G of this Ordinance and shall be judicially enforceable. D. Show Cause Hearinq The Director may order any person who has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, to appear before the Director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the alleged violator specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the alleged violator show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the alleged violator. The hearing shall be conducted pursuant to the rights and procedures specified in Section 83-110.A.7 of this Ordinance. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the alleged violator. E. Compliance Orders When the Director finds that any person has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, the Director may issue an order to the violator directing that the violator come into compliance within a specified time limit. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the MS4 and waters of the United States. A compliance order may not extend the deadline for compliance established by a state or federal standard or requirement, nor does a compliance order relieve the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the violator. Ordinance 0-03-xxxx Page 36 of 45 F. Remediation, Abatement. and Restoration Orders When the Director finds that a person has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, and that such violation has adversely affected the MS4, the waters of the United States or any other aspect of the environment, the Director may issue an order to the violator directing him/her to undertake and implement any appropriate action to remediate and/or abate any adverse effects of the violation upon the MS4, the waters of the United States, or any other aspect of the environment, and/or to restore any part of the MS4, the waters of the United States, or any other aspect of the environment that has been harmed. Such remedial, abatement, and restoration action may include, but not be limited to: monitoring, assessment, and evaluation of the adverse effects and determination of the appropriate remedial, abatement, and/or restoration action; confinement, removal, cleanup, treatment, and disposal of any discharged or released pollution or contamination; prevention, minimization, and/or mitigation of any damage to the public health, welfare, or the environment that may result from the violation; restoration or replacement of City property or natural resources damaged by the violation. The order may direct that the remediation, abatement, and/or restoration be accomplished on a specified compliance schedule and/or be completed within a specified period of time. An order issued under this Subsection does not relieve the violator of liability for any violation, including any continuing violation. Issuance of an order under this Subsection shall not be a bar against, or a prerequisite for, taking any other action against any responsible party. G. Emerqency Cease and Desist Orders When the Director finds that any person has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) have caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the Director may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to: 1. Immediately comply with all requirements of this Ordinance; and 2. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge. Ordinance 0-03-xxxx Page 37 of 45 Any person notified of an emergency order directed to it under this Subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the Director may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. The Director may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this Ordinance. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the Director within ten (10) calendar days of receipt of the emergency order. I ssuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator. H. Stop Work Orders Whenever the Director finds that any operator of a construction site has violated, or continues to violate, any provision of Section 83-060 of this Ordinance, or any order issued thereunder, the Director may issue a Stop Work Order to the operator, and require that a copy of the Stop Work Order be posted at the construction site and distributed to all City departments and divisions whose decisions affect any activity at the site. Unless express written exception is made by the Director, the Stop Work Order shall prohibit any further construction activity at the site and shall bar any further inspection or approval by the City associated with a building permit, grading permit, subdivision plat approval, site development plan approval, or any other City approval necessary to commence or continue construction or to assume occupancy at the site. Issuance of a Stop Work Order order shall not be a bar against, or a prerequisite for, taking any other action against the violator. Section 83-110. Right to Reconsideration, Hearing and Appeal A. Reconsideration and Hearing 1. Any person subject to a Compliance Order under Section 83-100.E, a Remediation, Abatement, or Restoration Order under Section 83- 100.F, an Emergency Cease and Desist Order under Section 83- 100.G, or a Stop Work Order under Section 83-100.H of this Ordinance 0-03-xxxx Page 38 of 45 Ordinance may petition the Director to reconsider the basis for his/her order within ten (10) days of the affected person's notice of issuance of such an order. 2. Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or review of the order. 3. In its petition, the petitioning party must indicate the provisions of the order objected to, the reasons for the objection(s), any facts that are contested, the evidence that supports the petitioner's view of the facts, any alternative terms of an order that the petitioner would accept, and whether the petitioning party requests a hearing on its petition. 4. The effect of any Compliance Order under Section 83-100.E, Remediation, Abatement, or Restoration Order under Section 83- 100.F, and any Stop Work Order under Section 83-100.H shall be stayed pending the Director's reconsideration of the petition, and any hearing thereon, unless the Director expressly makes a written determination to the contrary. The effectiveness of any Emergency Cease and Desist Order under Section 83-100.G shall not be stayed pending the Director's reconsideration, or any hearing thereon, unless the Director expressly and in writing stays his/her emergency order. 5. Within thirty (30) days of the submittal of a petition for reconsideration, the Director shall either (1) grant the petition and withdraw or modify the order accordingly; (2) deny the petition, without hearing if no material issue of fact is raised; or (3) if a hearing has been requested and a material issue of fact has been raised, set a hearing on the petition. 6. Written notice of any hearing set by the Director pursuant to Section 83-110.A.5 above shall be served on the petitioning party personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the petitioning party. 7. The Director may personally conduct the hearing and take evidence, or may designate any employee of the City or any specially-designated attorney or engineer to: (a) issue in the name of the City notices of hearing requesting the attendance and testimony of witnesses and the Ordinance 0-03-xxxx Page 39 of 45 production of evidence relevant to any matter involved in the hearing; (b) take evidence; (c) transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Director for action thereon. At any hearing held pursuant to this Subsection, testimony taken shall be under oath and recorded. Any party is entitled to present his/her case or defense by oral or documentary evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts. A transcript will be made available to any party to the hearing upon payment of the usual charges thereof. 8. After the Director has reviewed the evidence, helshe shall either (1) grant the petition; (2) deny the petition; or (3) grant the petition in part and deny it in part. The Director may modify hislher order as is appropriate based upon the evidence and arguments presented at the hearing and his/her action on the petition. Further orders and directives as are necessary and appropriate may be issued. B. Appeal 1 . Any person whose petition for reconsideration by the Director has not been granted in its entirety and who remains adversely affected by the Director's order, or who is subject to an order of the Director issued following a Show Cause Hearing under Section 83-100.0, may appeal the action of the Director to the City Council by filing a written appeal with the City Council within ten(10) days of the person's notice of the Director's adverse action on the petition for reconsideration, or within ten (10) days of the person's notice of the issuance of the order following the Show Cause Hearing, as the case may be. 2. Failure to submit a timely written appeal to the City Council shall be deemed to be a waiver of further administrative review. 3. In its written appeal to the City Council, the appealing party shall indicate the particular provisions of the order objected to, the particular determinations of the Director that are contested, the reasons that the Director's order andlor determinations are contested, and any alternative order that the appealing party would accept. Ordinance 0-03-xxxx Page 40 of 45 4. The effect of the Director's order, as issued or modified, shall not be stayed pending the appeal to the City Council, unless the City Council expressly so states. 5. Within thirty (30) days of the submittal of a written appeal to the City Council, the City Council shall hear and consider the appeal in open meeting. The appellant shall be notified at least ten (10) days in advance of the date and time of the City Council meeting at which the appeal will be heard and considered. 6. The appellant shall have the right to public appearance before the City Council to present oral and written statements in support of his/her appeal. 7. Upon consideration of any written and oral statements made to the City Council, as well as the record made before the Director, the City Council shall act on the appeal by affirming, vacating, or modifying the order of the Director, and/or by remanding the matter to the Director for further action. 8. Following final action by the City Council on the appeal, any adversely affected party may challenge such action by the City Council in an appropriate court of competent jurisdiction. Section 83-120. Judicial Enforcement Remedies A. Civil Remedies 1. Whenever it appears that a person has violated, or continues to violate, any provision of this Ordinance that relates to: (a) the preservation of public safety, relating to the materials or methods used in construction of any structure or improvement of real property; (b) the preservation of pu blic health or to the fire safety of a building or other structure or improvement; (c) the establishment of criteria for land subdivision or construction of buildings, including street design; (d) dangerously damaged or deteriorated structures or improvements; Ordinance 0-03-xxxx Page 41 of 45 (e) conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; or (f) point source effluent limitations or the discharge of a pollutant, other than from a non-point source, into the MS4. The City may invoke Sections 54.011-54.017 of the Texas Local Government Code and petition the State district court or the county court at law of Tarrant County, through the City Attorney, for either the injunctive relief specified in Section 83-120.A.2 or the civil penalties specified in Section 83-120.A.3 below, or both the specified injunctive relief and civil penalties. 2. Pursuant to Section 54.016 of the Texas Local Government Code, the City may obtain against the owner or the operator of a facility a temporary or permanent injunction, as appropriate, that: (a) prohibits any conduct that violates any provision of this Ordinance that relates to any matter specified in Sections 83-120.A.1 (a)-(f) above; or (b) compels the specific performance of any action that is necessary for compliance with any provision of this Ordinance that relates to any matter specified in Sections 83-120.A.1 (a)-(f) above. 3. Pursuant to Section 54.017 of the Texas Local Government Code, the City may recover a civil penalty of not more than $1 ,000 per day for each violation of any provision of this Ordinance that relates to any matter specified in Sections 83-120.A.1 (a)-(e) above, and a civil penalty of not more than $5,000 per day for each violation of any provision of this Ordinance that relates to any matter specified in Section 83-120.A.1 (f) above, if the City proves that: (a) the defendant was actually notified of the provisions of the Ordinance; and (b) after the defendant received notice of the Ordinance provisions, the defendant committed acts in violation of the Ordinance or failed to take action necessary for compliance with the Ordinance. Ordinance 0-03-xxxx Page 42 of 45 B. Criminal Penalties 1. Any person who has violated any provision of this Ordinance, or any order issued hereunder, shall be strictly liable for such violation and shall, upon conviction, be subject to a fine of not more than $2000 per violation, per day, or any greater fine authorized by State statute. 2. Any person who has knowingly made any false statement, representation, or certification in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Ordinance, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this Ordinance shall, upon conviction, be subject to a fine of not more than $2000 per violation, per day, or any greater fine authorized by State statute. 3. In determining the amount of any fine imposed hereunder, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or other state of mind of the violator, and any other factor as justice requires. C. Civil Suit Under the Texas Water Code Whenever it appears that a violation or threat of violation of any provision of Section 26.121 of the Texas Water Code, or any rule, permit, or order of the Texas Water Commission, has occurred or is occurring within the jurisdiction of the City of Colleyville, exclusive of its extraterritorial jurisdiction, the City, in the same manner as the Texas Water Commission, may have a suit instituted in a state district court through its City Attorney for the injunctive relief or civil penalties or both authorized in Subsection (a) of Section 26.123 of the Texas Water Code, against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to Section 26.124 of the Texas Water Code. In any suit brought by the City under this Subsection 83-120.C, the Texas Water Commission is a necessary and indispensable party. D. Remedies Nonexclusive The remedies provided for in this Ordinance are not exclusive of any other remedies that the City may have under state or federal law or other Ordinance 0-03-xxxx Page 43 of 45 City ordinances. The City may take any, all, or any combination of these actions against a violator. The City is empowered to take more than one enforcement action against any violator. These actions may be taken concurrently. Section 83-130. Supplemental Enforcement Action A. Performance Bonds The Director may, by written notice, order any owner or operator of a source of storm water discharge associated with construction or industrial activity to file a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance with this Ordinance, any order issued hereunder, any required Best Management Practice, and/or any SWPPP provision, and/or to achieve final stabilization of the site. The City may deny approval of any building permit, grading permit, subdivision plat, site development plan, or any other City permit or approval necessary to commence or continue construction or any industrial activity at the site, or to assume occupancy, until such a performance bond has been filed. B. Liabilitv Insurance The Director may, by written notice, order any owner or operator of a source of storm water discharge associated with construction or industrial activity to submit proof that it has obtained liability insurance, or other financial assurance, in an amount not to exceed a value determined by the Director, that is sufficient to remediate, restore, and abate any damage to the MS4, the waters of the United States, or any other aspect of the environment that is caused by the discharge. C. Public Nuisances A violation of any proVIsion of this Ordinance, or any order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the Director. Any person(s) creating a public nuisance shall be subject to the provisions of the City Code governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. Ordinance 0-03-xxxx Page 44 of 45 Section 83-140. Miscellaneous Provisions A. Charqes and Fees The City may adopt reasonable fees for reimbursement of costs of constructing, operating, and maintaining the City's MS4, and for reimbursement of costs of implementing its storm water management program as required by EPA or the State, and the cost of implementing this Ordinance, which costs may include, but not be limited to, the following: 1. Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing discharges and reviewing monitoring reports submitted by dischargers; 2. Fees for spill and release reports and responding to spills and releases of oil, hazardous and extremely hazardous substances, and other pollutants; and 3. Other fees as the City may deem necessary to carry out the requirements contained in this Ordinance. These fees relate solely to the matters covered by this Ordinance and are separate from all other fees, fines, and penalties chargeable by the City. Sec. 2. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT the Code of Ordinances of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of Ordinance 0-03-xxxx Page 45 of 45 The second reading and public hearing being conducted on the day of 2003. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney PRE-COUNCIL City or CC~'" AGENDA BRIEFING It'X;:l~ MEETING DATE: ' 01/07/03 CITY MANAGER i ITEM # : I PC-2 DEPARTMENT HEAD t (Jb FINANCE REVIEW i N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of January 7, 2003 City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular agenda items. CITY COUNCIL c\fr O( CCen(/) AGENDA BRIEFING IL'Xll:$ MEETING DATE: : ITEM#: RESOLUTION #: 01/07/03 1 N/A CITY MANAGER i DEPARTMENT HEAD ! FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551 , Subchapter D EXECUTIVE SESSION -In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda CITY COUNCIL cce", AGENDA BRIEFING l'\:x~::o MEETING DATE: 01/07/03 CITY MANAGER I ITEM # : 2 DEPARTMENT HEAD i RESOLUTION #: N/A FINANCE REVIEW i N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENT A TIONS PRESENTATION - Joe Noorlag and Tom Cicherski, outgoing members of the Parks and Recreation Advisory Board PRESENTATION - Mike Taylor, Jody Short and James Archie, outgoing members of the SH26 Advisory Committee PRESENTATION - Dana Feldman and Michael Taylor, outgoing members of the Tax Increment Financing District Board of Directors City l1f ilcg Texas Presented To JOE NOORLAG (.('-=:::::~~f.:.~::~-..;)) In Appreciation For Your Outstanding Service On The Parks And Recreation Advisory Board (c.--::.-:::::=-x:::::::::::.:;)) 1997 - 2002 City of' '-, 11 (f) Texati Presented To TOM CICHERSKI ({::.~';:;:--=X::..-::::':::~-;)) In Appreciation For Your Outstanding Service On The Parks And Recreation Advisory Board cc;.:::::.:::x:::-:.:.:.:~~) 2000 - 2002 City of" ilCg Texas Presented To MICHAEL TAYLOR c.(':::-/' :::X'3:::::-oV In Appreciation For Your Outstanding Service On The SH26 Advisory Committee ((~:~-:::;:~:5-:::'''::._~~)) 2002 City of ilCg Texas Presented To JODY SHORT ((~::.~x:;~;)) In Appreciation For Your Outstanding Service On The SH26 Advisory Committee ((;;~~c::::-~)) 2002 City of llcg Texas Presented To JAMES ARCHIE II ~~~) In Appreciation For Your Outstanding Service On The SH26 Advisory Committee ~::::::::;:.-.:x:.~.:::::::-)) 2002 Cilyof 11 UC6 Texas Presented To DANA FELDMAN C(~/==X::-::::::::;;,J) In Appreciation For Your Outstanding Service On The Tax Increment Financing District Board ~::::::c-~:-:~..;:J) 2001 - 2002 llcg Texas Presented To MICHAEL TAYLOR ((.~:::::::x-::;:::::::::~) In Appreciation For Your Outstanding Service On The Tax Increment Financing District Board ((-:-:;;.~~-c::.-::::.:::;+;' 2001 - 2002 RESOLUTION R-03-2084 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JANUARY 7, 2003 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. THAT the minutes of the regular City Council meeting of December 17, 2002, are hereby approved. b. THAT the Historical Preservation Committee goals for FY2003, are hereby approved. AND IT IS SO RESOLVED. 2003, BY A VOTE OF ABSTENTIONS. APPROVED THIS AYES, DAY OF NAYS AND ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING DECEMBER 17, 2002 The Pre-Council meeting of the Colleyville City Council was not held due to the Parks and Recreation Advisory Board and SH26 Advisory Committee interviews. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on December 17, 2002, at 6:48 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler, Richard Newton, and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Finance Director Terry Leake, Community Development Director Barry LeBaron, Public Services Director Keith Fisher, Engineer Chris Steubing, Parks and Recreation Manager Monica Walsh, Financial Analyst Collin Boothe, Records Manager Matt Denton, Administrative Assistant Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Mayor Arp explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal, Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:50 p.m. and reconvened at 7:30 p.m. The invocation was given by Ms. Neda Moyad of Baha'i Community, after which Ross Foster led the Pledge of Allegiance. 2 Mayor Arp declared the motion carried. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Councilman Hocutt seconded the motion. Mayor Pro Tem Tigue moved to approve Resolution R-02-2074. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp opened the public hearing and read Resolution R-02-2074 in its entirety. d. Approval of Change Order 1 for the Congestion Mitigation and Air Quality (CMAQ) Project at Glade Road/State Highway 26/Pleasant Run realignment with TxDOT, in the amount of $26,426.28 c. Approval of an Interlocal Agreement renewal and funding for the Metroport Teen Court Program b. Approval to extend the Interlocal Agreement for FY2003 with the City of Grapevine for fleet services for Fire Department vehicles a. Approval of minutes of the regular City Council meeting of December 3, 2002 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-2074 - Consent Items: Councilman Newton announced that it was Mayor Arp's birthday and wished Mayor Arp a Happy Birthday. Councilman Hendler expressed appreciation to the Celebrate Colleyville Committee members, citizens and staff for their work on the Celebrate Colleyville event. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS DECEMBER 17, 2002 CITY COUNCIL M/INUTES CITY COUNCIL MINUTES DECEMBER 17,2002 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1377 - Approval of the Zoning Change from R40 Single Family Residential to R20 Single Family Residential on 1.00 acres located at 304 W. Van Oaks Drive, Case Z-02-030 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1377. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the dedication of right-of-way and future platting. Mr. David Debrecht, 304 W. Van Oaks Drive, applicant, was present to answer questions of the Council. City Manager Bill Lindley provided an overview of perimeter street fees. Councilman Hocutt moved to approve Ordinance 0-02-1377. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1378 - Approval of the Special Use Permit for an accessory building on Lot 1, Block 1, Mikolaitis Addition located at 2309 Hall Johnson Road, Case Z-02-032 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1378. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. John Mikolaitis, 2309 Hall Johnson Road, applicant, was present to answer questions of the Council. Councilman Rice moved to approve Ordinance 0-02-1378. Councilman Hocutt seconded the motion. 3 CITY COUNCIL MINUTES DECEMBER 17, 2002 Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1379 - Approval of the Zoning Change from CPO Professional Office to PUD-C Planned Unit Development Commercial on Tract A2, Block 2, Highland Acres located at 5314 Bransford Road, Case Z-02-033 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1379. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to approve Ordinance 0-02-1379. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1380 - Adopting TXU Gas Distribution general service rates including rate adjustment provisions and miscellaneous service charges for sales and transportation of natural gas to residential, commercial and industrial customers Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1380. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to approve Ordinance 0-02-1380. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor declared the motion carried. 4 CITY COUNCIL MINUTES DECEMBER 17, 2002 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1381 - Approval of a Special Use Permit for an accessory building on Lot 1, Block 3, Sunrise Terrace Addition located at 1205 Glade Road, Case Z-02-029 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1381. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Terry Grisso, 1205 Glade Road, applicant, was present to answer questions of the Council. Discussion ensued regarding the number of vehicles stored on the property and future storage plans for the vehicles. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1382 - Approval to rescind Resolution R-01-1789 and adopt an Ethics Code Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1382. Mr. Maurice Connor, 1303 Bellefonte, spoke regarding the Ethics Committee membership and against the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton summarized proposed changes to the Ordinance and stated that additional proposed changes would be forthcoming. 10. READING AND PUBLIC HEARING - Resolution R-02-2075 - Consideration of appointments to the Parks and Recreation Advisory Board Mayor Arp opened the public hearing and read the caption of Resolution R-02-2075. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp opened the floor for nominations for Place 1. Councilman Hocutt nominated Pete O'Brien. Councilman Newton nominated Chris Foy. There were no other nominations and Mayor called for the vote. 5 CITY COUNCIL MINUTES DECEMBER 17, 2002 Pete 0' Brien: Chris Foy: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Councilpersons Hendler and Newton Mayor Arp declared Pete O'Brien appointed to Place 1 of the Parks and Recreation Advisory Board. Mayor Arp opened the floor for nominations for Place 3. Councilman Rice nominated Vince Rosen. There were no other nominations and Mayor Arp declared Vince Rosen appointed to Place 3 of the Parks and Recreation Advisory Board. Mayor Arp opened the floor for nominations for Place 5. Councilman Hendler nominated Jonathan Ayers. Mayor Pro Tem Tigue nominated Chris Foy. There were no other nominations and Mayor Arp called for the vote. Jonathan Ayers: Chris Foy: Councilpersons Hendler and Newton Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Mayor Arp declared Chris Foy appointed to Place 5 of the Parks and Recreation Advisory Board. Mayor Arp opened the floor for nominations for Place 7. Councilman Newton nominated Jonathan Ayers. Mayor Pro Tem Tigue nominated Chuck Thomas. There were no other nominations and Mayor Arp called for the vote. Jonathan Ayers: Chuck Thomas: Councilpersons Newton and Hendler Councilpersons Rice, Hocutt and Mayor Pro Tem Tigue Mayor Arp declared Chuck Thomas appointed to Place 7 of the Parks and Recreation Advisory Board. Councilman Hocutt moved to approve Resolution R-02-2075. Councilman Rice seconded the motion. Councilman Hocutt expressed gratitude to the citizens who applied for a position and were willing to serve the community. 6 CITY COUNCIL MINUTES DECEMBER 17, 2002 Councilman Rice announced that Mr. Foy and Mr. Thomas were incumbents and reappointed to the Board. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-02-2076 - Consideration of appointments to the SH26 Advisory Committee Mayor Arp opened the public hearing and read the caption of Resolution R-02-2076. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp opened the floor for nominations for the first position. Councilman Rice nominated Butch Wallace. There were no other nominations and Mayor Arp declared Butch Wallace appointed to the SH26 Advisory Committee. Mayor Arp opened the floor for nominations for the second position. Councilman Hendler nominated Jody Short. Mayor Pro Tem Tigue nominated Kim Gill There were no other nominations and Mayor Arp called for the vote. Jody Short: Council persons Hendler and Newton Kim Gill: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Mayor Arp declared Kim Gill appointed to the SH26 Advisory Committee. Mayor Arp opened the floor for nominations for the third position. Councilman Newton nominated John Eubanks. Mayor Pro Tem Tigue nominated Ernest Hedgcoth. There were no other nominations and Mayor called for the vote. John Eubanks: Ernest Hedgcoth: Councilpersons Hendler and Newton Councilpersons Rice, Hocutt and Mayor Pro Tem Tigue 7 CITY COUNCIL MINUTES DECEMBER 17, 2002 Mayor Arp declared Ernest Hedgcoth appointed to the SH26 Advisory Committee. Mayor Arp opened the floor for nominations for the fourth position. Mayor Pro Tem Tigue nominated Dr. Louis Miller. There were no other nominations and Mayor Arp declared Dr. Miller appointed to the SH26 Advisory Committee. Mayor Arp opened the floor for nominations for the fifth position. Councilman Hocutt nominated Lorna McElaney Councilman Hendler nominated John Eubanks There were no other nominations and Mayor Arp called for the vote. Lorna McElaney: John Eubanks: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Councilpersons Hendler and Newton Mayor Arp declared Lorna McElaney appointed to the SH26 Advisory Committee. Mayor Arp opened the floor for nominations for the sixth position. Councilman Rice nominated Kipp Whitman. Councilman Hendler nominated John Eubanks. There were no other nominations and Mayor Arp called for the vote. Kipp Whitman: John Eubanks: Councilpersons Rice, Hocutt, and Mayor Pro Tem Tigue Councilpersons Hendler and Newton Mayor Arp declared Kipp Whitman appointed to the SH26 Advisory Committee. Mayor Pro Tem Tigue moved to approve Resolution R-02-2076. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: Councilman Hendler Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-02-2077- Consideration of appointments to the Tax Increment Financing District (TIF) Board of Directors 8 CITY COUNCIL MINUTES DECEMBER 17,2002 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2077. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. City Manager Bill Lindley outlined the requirements for serving on the Tax Increment Financing District (TIF) Board of Directors. Mayor Arp opened the floor for nominations for the first position. Councilman Hocutt nominated Councilman Brad Rice. There were no other nominations and Mayor Arp declared Councilman Rice appointed to the Tax Increment Financing District Board of Directors. Mayor Arp opened the floor for nominations for the second position. Councilman Rice nominated Councilman Joe Hocutt. There were no other nominations and Mayor Arp declared Councilman Hocutt appointed to the Tax Increment Financing District Board of Directors. Mayor Arp opened the floor for nominations for the third position. Councilman Hendler nominated Councilman Richard Newton. Mayor Pro Tem Tigue nominated Mayor Donna Arp. There were no other nominations and Mayor Arp called for the vote. Councilman Newton: Mayor Donna Arp: Councilpersons Hendler and Newton Council persons Hocutt, Rice and Mayor Pro Tem Tigue Mayor Arp declared Mayor Arp appointed to the Tax Increment Financing District Board of Directors. Mayor Arp opened the floor for nominations for the fourth position. Councilman Newton nominated Mayor Pro Tem Ginny Tigue. There were no other nominations and Mayor Arp declared Mayor Pro Tem Tigue appointed to the Tax Increment Financing District Board of Directors. Mayor Arp opened the floor for nominations for the fifth position. Mayor Pro Tem Tigue nominated Ret Stansberger. 9 CITY COUNCIL MINUTES DECEMBER 17, 2002 Councilman Hendler nominated Councilman Richard Newton. There were no other nominations and Mayor Arp called for the vote. Ret Stansberger: Councilman Newton: Councilpersons Rice, Hocutt and Mayor Pro Tem Tigue Councilpersons Hendler and Newton Mayor Arp declared Ret Stansberger appointed to the Tax Increment Financing District Board of Directors. Mayor Pro Tigue moved to approve Resolution R-02-2077. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Nays: Councilpersons Newton and Hendler Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-02-2078 - Approval of the Amended Plat of Lots 40-R-1 and 41-R-1, Village at Colleyville, located at 85 and 97 Piazza Lane, Case P-02-046 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2078. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-02-2078. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-02-2079 - Acceptance of the deeds for public parking lots and parks from the Village at Colleyville, Case G-02- 013 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2079. 10 CITY COUNCIL MINUTES DECEMBER 17, 2002 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the reasons for acceptance of the deeds for public parking lots and parks, the purpose of the Tax Increment Financing Agreement, citizen involvement in the development and landscaping of parks and reverter clauses. Mayor Pro Tem Tigue moved to approve Resolution R-02-2079 with the amendment to exclude Lots 55,56,57,58 and 70. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Nays: Councilpersons Newton and Hendler Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-02-2080 - Approval to amend the Professional Services Agreement with Brinkley Sargent Architects, for the Justice Center, in the amount of $22,500 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2080. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding liquidated damages. Mayor Pro Tem Tigue moved to approve Resolution R-02-2080. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-02-2081 - Approval of City Hall and Library construction Change Order 4 with Ratcliff Constructors, Inc., in the amount of $ 40,528 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2081. 11 CITY COUNCIL MINUTES DECEMBER 17,2002 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to approve Resolution R-02-2081. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-02-2082 - Approval of the Colleyville Justice Center construction Change Order 5 with CMPA, Inc., in the amount of $26,777.11 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2082. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to approve Resolution R-02-2082. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 18. CONSIDERATION OF ORDINANCE 0-02-1337.4 - Approval to amend Ordinance 0-99-1131 PUD-C (Planned Unit Development-Commercial), requested by Richard Myers, Realty Capital Corporation for the Village at Colleyville, Case 2-02-010 Councilman Rice moved to remove Ordinance 0-02-1337.4 from the table. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None 12 CITY COUNCIL MINUTES DECEMBER 17, 2002 Mayor Arp declared the motion carried. Mr. Richard Myers, 300 Lloyd Circle, Main Street, Realty Capital Corporation, applicant, was present to answer questions of the Council Discussion ensued regarding set back and lot coverage. Mayor Arp recessed the meeting at 10:15 p.m. and reconvened 10:25 p.m. Discussion continued regarding late night hours of operation and security fencing and walls, parking and dumpster screening. Community Development Director Barry LeBaron reviewed the proposed ordinance and changes. Section E. Development Standards, Subsection 1 q: Aboveground parking garages containing fourteen or fewer parking spaces, underground parking garages, basements and cellars. Section E. Development Standards, Subsection 16: Limitations on Late Night Hours of Operation - Insert: Business located within this PUD-C shall close not later than 10:30 p.m. on weekdays and Sundays and 12:30 a.m. on Fridays and Saturdays. Section E. Development Standards, Subsection 18: Dumpster Screening - All freestanding dumpsters shall be screened on all fours sides with an opaque closure measuring to a height at least six inches above the top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six inches above the top of the dumpster. The building niche shall be constructed of material that matches the building. Section G. Supplementary Requirements, Subsection 7c: change City owned park to City Park Discussion ensued regarding parking time limits and enforcement. Mayor Pro T em Tigue moved to approve Ordinance 0-02-1337.4 with changes as outlined. Councilman Hocutt seconded the motion. 13 CITY COUNCIL MINUTES DECEMBER 17, 2002 Councilman Hendler made a friendly amendment to Section E. Development Standards, Subsection 16: Limitations on Late Night Hours of Operation - Change hours of operation to: Business located within this PUD-C shall close not later than 12:00 a.m. on weekdays and Sundays and 2:00 a.m. on Fridays and Saturdays. Councilman Hocutt and Mayor Pro Tem Tigue accepted the friendly amendment. Ayes: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Nays: Council persons Hendler and Newton Mayor Arp declared the motion carried. STAFF REPORTS: 19. MONTHLY FINANCIAL REPORT REPORTS: 20. LIBRARY BOARD MINUTES - November 11, 2002 CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 17, 2002 - Reading and Public Hearing - Resolution R-02-2083 This Resolution was not needed. ADJOURNMENT: 23. ADJOURNMENT There being no further business before the City Council, Councilman Hendler moved to adjourn. Councilman Newton seconded the motion. 14 CITY COUNCIL MINUTES DECEMBER 17, 2002 Ayes: Councilpersons Hocutt, Rice, Hendler, Newton, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 11 :15 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2002, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 15 CITY COUNCIL CC~lll AGENDA BRIEFING Il'.,,::'o~ MEETING DATE: 01/07/03 ITEM # : ! 3b RESOLUTION # : R-03-2084 CITY MANAGER ; DEPARTMENT HEAD FINANCE REVIEW . DEPARTMENT: City Manager's Office SUBJECT : Approval of Historical Preservation Committee Goals for FY2003 - by Consent Previous Action: None Reading and Public Hearing On December 10, 2002, the Historical Preservation Committee worked to update their goals for FY2003 for the purpose of continuing to work with the City to enhance the historic preservation efforts of Colleyville. (See attached). Some of the proposed goals are: '? Continue City sponsored historical marker program with presentation of two (2) new markers '? Assist the Parks and Recreation Department in the research, preparation and submittal of the State of Texas Historical Marker application for the rehabilitated Webb House '? Initiate and build a collection of historic documents, photographs, maps and other artifacts for the benefit of the public '? Provide the Colleyville City Council with a comprehensive recommendation regarding planning of Colleyville's 50th birthday event '? Actively support and participate in the development of the Colleyville Historical Preservation Foundation Financial Impact The FY2003 budget provides funding, in the amount of $5,000, for the local historical marker program. Recommendation Approval Attachments . Historical Preservation Committee Goals for FY2003 CITY OF COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE GOALS FOR JANUARY 1, 2003 THROUGH DECEMBER 31, 2003 I. Continue City sponsored historical marker program with presentation of two (2) new markers. II. Identify the various creeks and waterways within the city and develop signage. III. Assist the Parks and Recreation Department in the research, preparation and submittal of the State of Texas Historical Marker application for the rehabilitated Webb House. IV. Work with the Library Advisory Committee and City Council to have provisions made for permanent historical exhibits and displays at the planned Colleyville Public Library and Colleyville City Hall. V. Initiate and build a collection of historic documents, photographs, maps and other artifacts for the benefit of the public. A. Research and select the most appropriate means of ownership and/or custodianship of the collection B. Catalog and document all items in the collection C. Initiate means of growing the collection through donations and loan program VI. Prepare and have printed a pamphlet, brochure or small book, video and/or web pages describing and illustrating an overview of the history of the Colleyville area and the parent communities. VII. Continue compiling and reviewing information to facilitate a publication about Colleyville history and its City government since incorporation. VIII. Provide the Colleyville City Council with a comprehensive recommendation regarding planning of Colleyville's 50th birthday event IX. Actively support and participate in the development of the Colleyville Historical Preservation Foundation 08/02/00 CITY COUNCIL Cily Qf ~ AGENDA BRIEFING CC~~-YD'~ 'e:'>":; MEETING DATE: ITEM # : ORDINANCE # : 01107/03 4 0-02-1381 CITY MANAGER i DEPARTMENT HEAD ' FINANCE REVIEW Previous Action: 12/17102 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Special Use Permit for an accessory building on Lot 1, Block 3, Sunrise Terrace Addition located at 1205 Glade Road, Case Z-02-029 Second Reading and Public Hearing First Reading and Public Hearing Backqround Terry Grisso is the owner of a house located at 1205 Glade Road, at the southeast corner of Garry Lynn Drive. The owner has submitted a Special Use Permit (SUP) application to construct an accessory building on the property. The owner proposes to construct a 1,750 square foot, 6-car garage on the property. The accessory building regulations include size and location standards. All requests to exceed the base standards must be authorized by a Special Use Permit approved by the City Council. A comparison of the regulations and the proposed building is shown below. Based on the applicant's information, the proposed building meets all the requirements of the regulations except for the building size. The applicant has requested a waiver from this requirement, as allowed by the Code. ACCESSORY BUILDING ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1. Maximum Size 1,000 sf for 0.5-0.99-acre lots 2,158 sf 2. Max. Number of Buildings 3 2 3. Side Setbacks 5 feet 18 feet; 25+ feet 4. Rear Setback 5 feet 14 feet 5. Max. Height Not to exceed height of main building complies The allowed size of an accessory building is based on the size of the lot. In addition, the total square footage of all accessory buildings cannot exceed the maximum allowed size unless approved by a SUP. For lots between 0.5-acres and 0.99-acres, the size of all accessory buildings is limited to 1,000 square feet. The applicant's lot is 0.8-acres in size, or 34,848 square feet. There is an existing building on site that counts towards the total square footage. With the existing building and the proposed building, the total square footage of accessory buildings proposed is 2,158 square feet. The applicant has requested a waiver of the size requirement to allow both buildings. Agenda Briefing Ordinance 0-02-1381 Page 2 of 3 The letter from the applicant detailing the request is attached. The applicant proposes two different sets of standards in the letter, one for a metal building and one for a non-metal structure. The dimensions of the garage are 70 feet in length, 25 feet in width and 10 feet in height. The roofline would be a ranch-style roof similar to the existing house. The exterior walls would be constructed of painted 29 gauge ribbed steel panels or hardboard siding. The roof would be constructed of similar metal panels or fiberglass shingles. The foundation of the structure would include a brick ledge in order to allow the structure to be bricked in the future. The applicant desires a gravel driveway to the garage. A 1,750 square foot metal building may not be an appropriate structure for the area as this type of building usually has a commercial look. A building with hardboard exterior and shingle roof would provide a building with a residential look and may be more compatible with the development in the neighborhood. The metal building would be located at the rear of the lot. The lot is almost 105 feet wide at the rear property line. Taking into account the 25-foot building line adjacent to Garry Lynn Drive and the 5-foot easement on the east side of the property, the buildable width at the rear is 75 feet. If the structure were built as proposed, the building would take up almost the entire rear width of the property. Impact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future single-family residential area. 2. Surrounding Properties. Most of the surrounding properties are developed as single- family residences. Properties to the east, west and south are developed as single family residences. Properties to the north are zoned PUD-R, but the lots on Glade Road are zoned for commercial and office use. There is a new salon located approximately 500 feet to the west. 3. Development Trends. The long-term trend for this area is single-family development. Property in the area is generally suitable for that type of development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $106,722. The estimated annual City property tax revenue generated by this property is $371. The addition of the accessory building could have a positive impact on the appraised value of the property. 6. Traffic Generation. The addition of the accessory building will not have an impact on the traffic generation in the neighborhood or local area. Agenda Briefing Ordinance 0-02-1381 Page 3 of 3 Staff mailed 10 notices to adjacent property owners regarding this request. Several letters from adjacent property owners have been submitted, and copies of the letters are attached. The property owners stated their concerns about the size and appearance of the building, and about the number of cars parked at the site. The Planning and Zoning Commission conducted public hearings and considered this request at the November 11 and December 2, 2002, meetings. The Commission recommended approval by a 4-3 vote, subject to the following conditions: 1. The driveway be paved from the street to the garage. 2. The roof of the garage shall have shingles that are similar in appearance as the house. 3. The garage must be bricked on the west side. The columns on the north side of the garage must be bricked. The brick must be similar in appearance to the house. 4. The other walls of the garage may be constructed of 29 gauge ribbed steel panels, painted to match the color of the house. 5. The 88-square foot tin shed must be removed. Staff's recommendation of denial is based on the proposed building not complying with the Land Development Code. Since the SUP for this particular use has little impact on land use decisions or requirements, but may be important to those living nearby, staff believes the opinions of the area property owners should be the most important factor in whether to grant the Special Use Permit. Since the request is an SUP, conditions may be imposed that are different than or in addition to the normal requirements of the Land Development Code, provided the conditions are intended to reduce the negative impacts on the adjacent property. Recommendation Denial, due to technical non-compliance with the Land Development Code Attachments · Location and Zoning Map · Information from Applicant · List of Property Owners Notified · Correspondence · Ordinance 0-02-1381 55 · ,1.:---.__-' I ' I !6' ~ ~SlOfi"- N l II\S~WIi1.N t 'fb~'~ p}'torr.,\ -;.-l\llU.~ i,hY',' \ ~. OXV Dl TR 1810 1 i lli-~~~~ J ~ 1 2 I Lilt AC :foIT' i~h Ui'~,\~n .....---.. ~~ TR 181AI ~ ~l'ITqu~~~~ Cf!J7 /":J'i!; (~~ 1..67 AC - ! ~-f;~ \~ {!' qAf( KNOLL--WEmrg,,r: "J42 4] \1 3~~A I foT! l',~_ '4 :~1 10 ,40 ~j ~ . ;1;1' ;!~ 3 i \ 1 1 . ( : NUECES CT ~ 'I~' ,1-' ,.." ./ ., "f 5l 13 '1ft 4AIA1 ~JR "A1Aq~ I _ "'f:.\ - : .16 'lh. r'.f.76 AC ' 38 H " 35 3"f> ., :. ~e~ 2 ~ , .J.. : If'''''_ N ~ , ' " .... ~ .. 1 r.. 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I. 5' ('f! nSW0I1Tl1 'I ,-- ~i'" B \. " 1 · 'i< f;S 'f ~...:~~tt5Sl PJiOl".C>,J ~ I. Location Map & Area of Notification CASE # Z-02-029 - SUP for an Accessory Building 6~ , B. 1~ "'OO! J .j", 5\! \\ p. -. TO 3 10."" lC ~ ~ n_'......~uJ::_.___ .- ..- / 3 1. oIJ~ TR 2'" ].13 AC - , 2.00 1R 2A'l '.581 Ie '-- GR~~~J ~CRpl j\P ~ , 1.SO I - 6. , '-' Professlorlcl ~ [JJ~ y~ YiRu;e 1.96'.1 .~ LEGAL DESCRIPTION:Lot l,Block 3, SUNRISE TERR~CE SECTION ONE, an Addition to the City of Colleyville, Tarrant County, Tex , according to the plat recorded in 'Volume 388-31, Page 66, Plat Record!;, Tar nt cou~ty., Texas. NOT~: Thc".following eascrnen'ts"do' not' , riHectthis"lot.' ,. . .: Vol 1349 Pg 61 DRTCT Vol 1349 Pg 213 DRTCT Vol 1539 Pg 476 DRTCT 3.0' INSIDE 25' BLDG. LINE "'3 IRO. ~ \OA~ IRON ROP . :._;;....<'~c..'-~ ~~... - - - ~ -.-- -:, ~ \ \ \ NOTE: FENCES OFF \ AS SHOWN. \ \ \ \ \ \ \ \ \ - ~ ----~--;;.~ q t: 2 -?f'4<" '. . "'1'~, f o o o U) WOOD DECK SPA o <:> ... z z >- .--1 \ 600 25' BLDG. LINE o. o \I) }0- Ct: 0:: <( (!) IRON ROD T";:o ' Utility Easement *NOTE: HOUSE OVER BLDG. LINE AS SHOWN. IRON ROD , 60.00' 1205 GLADE ROAD NOTE: According to FEMA Map 480590 0010 B this property .', is not in the 100 year Flood Zone "A" I DECEMBER I, 1982 Revised November 12,2002 at the Request of the Zoning and Planning Committee Ladies and Gentlemen, The following is my proposal for 6-car garage with a maximum of 1750 Square Feet on my .8 acre lot at 1205 Glade Road in Colleyville. Attached is a photocopy of a six-car garage similar to what I would like to put up. I have not determined the builder that I will be using at this point in time. The maximum dimensions in feet will be (Length x Width x Height): 70 x 25x 10 using a ranch style roofline similar to my house. The exterior four sides ofthe structure will be made out of a minimum of29 gauge ribbed painted steel panels or hardboard siding in a complimentary color to my house. The roofwill also be of the same metal material or fiberglass shingles that match the house. The inside flooring in the garage will be concrete with an extension on all four sides of the outside wall (called a brick ledge) to allow brick or stone to be placed on the structure on at least one exterior wall in the future. My new fence will continue to surround it on three sides so that only the front will be totally visable. My lot is on the South side of Glade Road on the east comer. The garage would be built on the South side of the lot with the garage doors facing the North towards the back of my house. I will initially have a gravel driveway to the garage. There were actually 7 accessory buildings (shed type) on the property when I purchased it over 12 years ago which were not shown on the plot plan. Three have been tom down within the last year with two more to go after the garage is built. The plot plan only shows a house and two tin outbuildings. This is incorrect, as the larger tin building is actually a one-car garage. The second '"tin" shed building I plan to tear down after building the new garage. The 6-car garage would be in addition to my present 12xl0 gazebo by the pool and one car garage (17x24)(shown in the plot plan) will be used to store my lawn tractor, boat and canoes so that they are not visible either. I am requesting a Special Use Permit (variance) because my lot isn't one acre as indicated by the city code that allows a 1750 square foot garage to be built on it. The purpose of the 6-car garage is to improve the appearance of our block by having room for our 6 family cars that are presently visible when driving by on the street. I respectfully request your approval of my proposal and plan, so that I can help in the efforts to beautifY Colleyville and to improve my property. Thank you. Terry Grisso, 817-581-6682 1205 Glade Road, Colleyville, Texas 76034 Carwhis Riverwalk Colleyville 3838 Oak Lawn Ave, Ste 1416 Dallas, TX 75219 Dale & Katherine Lockwood 3305 Ashmore Lane Grapevine, TX 76051 Keith & Amy Edgell P.O. Box 748 Fort Worth, TX 76101 Max & Joan Wolfe, II 111210 Carol Lane Colleyville, TX 76034 Mary Alice Leake 1117 10 Carol Street Colleyville, TX 76034 Terance & Candice Grisso 1205 Glade Road Colleyville, TX 76034 Aby & Rosamma George 1209 Glade Road Colleyville, TX 76034 Conrad & Jackie Rodgers 1213 Garry Lynne Drive Colleyville, TX 76034 Harold & Linda Whitten 1209 Garry Lynne Drive Colleyville, TX 76034 Clifton Duke 1301 Glade Road Colleyville, TX 76034 The Bridges at Riverwalk Ltd. 3401 Amherst Circle, Apt. 127 Bedford, TX 76021 Case Z-02-029 (Notices dated: November 1,2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy ~ Planning & Zoning Assistant Page 1 of 1 Jan Levy ---~~-- From: BOBBIE FOWLER [bobbiefowler@msn.com] Sent: Sunday, November 10, 2002 3:37 PM To: Jan Levy; Richard Newton Subject: PUBLIC HEARING-11-11-02 PLANrjlNG AND ZONING COMMISSION My name is Bobbie Fowler. My husband and I have lived on Jo Carol Lane for over 34 years. We are very proud of our neighborhood. It is an older neighborhood, of course, but we have great pride in the appearance of our street and Garry Lynne Street. Mr. Grisso who is asking for a zone change request of his property on the corner of Garry Lynne and Glade Road is at the ENTRANCE INTO OUR NEIGHBORHOOD. Several neighbors have complained to the City of Colleyville in the past several years about the cars he has parked on his property. The cars are covered with tarps that are held on with bricks and rocks. The complaints did no good! It's not a pretty sight. Some of these cars are not even registered in the state of Texas. If he is allowed to build a 1750 square feet building for the cars he now has, wonder how many more he will bring in? I believe this building would be larger than the house he lives in! Please drive by and look at his property before making a decision. Please, just have the junk cars removed and ask him to clean up that corner, THE ENTRANCE INTO OUR NEIGHBORHOOD! Thank you for your help. Bobbie Fowler 1(:.". r:~~..~ ..~ r'-' ! ! f\",i 1 1 lUlJ( ~~ _,~" ",', -""'_J'._ _ ~< _ "-.'_, . ! ',..' _ \, ~ ! , V . .~~ 'V1f\/ l' rj l',~;_; '-1._0;'., 11/11/2002 Date November 8, 2002 To, Planning & Zoning Commission, City Of Colleyville, P.O. Box 185, Colleyville, Tx-76034 Sub: Case Number Z-02-029 Attn: - Jan Levy I received the Notice of Pubic hearing on NovII, 2002. I have an objection on building 6 car garages at 1205 Glade Road, Lot 1, Block 3, Sunrise Terrace. As it is not appropriate business for the neighborhood. I have no objection have additional two-car garages for the residence use. Thanks ~~ A~y George 1209 Glade Road, Colleyville, Tx -76034 /oJ 0\1 1 \ tUlU. Page 1 of 1 Jan Levy From: Jan Levy Sent: Tuesday, November 12, 2002 8:42 AM To: 'John Salazar' Subject: RE: case number: 2-02-029 Dear Mr. & Mrs. Salazar, The Planning and Zoning Commission conducted the public hearing at the meeting last night. After receiving public testimony, the Commission tabled the case and requested that the applicant better define his request and provide them with construction details on the building. They wanted to know specifics regarding the size, the kinds of construction materials to be used and colors of the roof and siding, type of parking surface, location of driveway and approach with dimensions, etc. The Planning and Zoning Commission polled the membership regarding attendance at the November 25th meeting and it appears there will not be a quorum. If you want to attend the next meeting when the case will be considered, contact me near the end of November and I will know the Commission's schedule for December. Sincerely, Jan Levy -----Original Message----- From: John Salazar [mailto:johnr@johnrsalazar.com] Sent: Monday, November 11, 20027:06 PM To: Jan Levy Subject: case number: Z-02-029 Our concern for this special use permit would be that a 6 car garage on this property would have more than 6 cars on the lot. There are currently several cars that are on this lot, approximately 5. I would be concerned that the owners would have 6 cars in their garage in addition to the other vehicles that are currently parked on their lot. John and Eva Salazar 1201 Garry Lynne Drive colleyville, Tx. 817-498-8074 P.S. please e-mail me with whatever decision is made. Thank you. 11/12/2002 Clayton Husband From: Sent: To: Subject: Edwin D. Van Eck [edandpatsy@juno.com] Monday, December 02,20024.54 pm Clayton Husband Re: Zoning Case 02-029 On Mon, 2 Dec 2002 10:35:39 -0600 Edwin D. Van Eck <EdandPatsy@juno.com> writes: > I attended the hearing for case #02-029 on Nov. 11 which was then > postponed to the next meeting which I understand had then been > rescheduled for tonight, Dec. 2. > > > > > > > > > > > > > > > > > > > > > > > > > > Please email me the results of the comrrissions findings. > > Thank you. My name is Ed Van Eck, I live at 513 King Richard, Irving, 972 986 7195. I represent my daughter and son in law who own the house 1116 Jo Carol. I do not speak in opposition to the request to build this 1,750 square foot 6 car garage, but rather present again the main concerns as follows: Will the garage house all the cars currently parked outside? (hopefully yes)and no more brought in unless they go in the garage? (should be a committment on the part of the applicant) There must be a paved (concrete or asphalt) driveway approach, driveway and parking area for all the cars including those now being parked on the dirt. Is the building going to be a new buildlng or a used building? Either way it must meet building codes and hopefully the commission will require the exterior to be compatible with the main structure including any paint scheme since much of it will be visible over the 6' fence. I do not think the applicant fully answered the question to the construction of the roof. I would ask the commission to prohibit any type of corregated metal or fiberglass roofing material. If it is to be metal it should also be painted, compatible with the exterior. > > Ed Van ECK Page 1 of 1 Clayton Husband From: gedgell [gedgell@flash.net] Sent: Monday, December 02,20024.52 pm To: Clayton Husband Subject: Zoning Case 02-029 I attended the hearing for case #02-029 on Nov. I I which was then postponed to the next meeting which I understand had then been rescheduled for tonight, Dee. 2. I am Garland W. Edgell. I live at 1112 Garry Lynn Drive, Colleyville. That is just around the curve about two houses from the applicant's property. My son, Keith A. Edgell, owns the property at 111610 Carroll which is just across the street from the applicant. I want to reinforce the comments of Ed Van Eck, my son's father-in-law. We have viewed the lack of concern that the applicant has had for the appearance of our neighborhood for over 12 years. I applaud him for finally wanting to do something about the eyesore that he has in his yard. My concern is that his past conduct will likely reflect on his future actions. When he made the addition to his house several years ago, he did the bare minimum to get the job done with what would seem like little concern for the appearance of the result. While I, and all of his neighbors, look forward to his making it possible to get the cars parked under tarps in his yard out of sight, we don't want the situation to get worse. Therefore, I would like to second the comments in Ed Van Eck's e-mail which you should have received. Garland W. Edgell ] I 12 Garry Lynn Dr. Colleyville, TX 76034-4239 8 I 7-498-3651 12/2/2002 ORDINANCE 0-02-1381 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON LOT 1, BLOCK 3, SUNRISE TERRACE ADDITION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Terry Grisso on October 18, 2002, under Case No. Z-02-029; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 1, Block 3, Sunrise Terrace Addition (1205 Glade Road), by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum size of the building footprint of all accessory buildings shall not exceed two thousand one hundred fifty eight (2,158) square feet. b. The building location shall be consistent with the drawings attached as Exhibit "B". c. The exterior walls of the building shall be constructed of 29 gauge ribbed steel panels. The walls shall be painted a similar color as the house. d. The wall on the west side of the garage shall be bricked. The columns between the garage doors on the north side of garage shall be bricked. The color of brick shall be similar in appearance to the brick on the house. e. The roof of the garage shall have shingles that are similar in appearance as the house. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-02-1381 Page 2 of 3 f. The driveway shall be paved from the street to the garage. The driveway shall be paved with concrete or asphalt. g. The eighty-eight (88) square foot tin shed, as identified in Exhibit liB", shall be removed from the property within thirty (30) days of the completion of the garage. h. Any accessory building shall not be used for commercial purposes, other than those uses permitted by the Land Development Code. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton City Secretary Donna Arp Mayor Ordinance 0-02-1381 Page 3 of 3 APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Exhibit A Zoning Map \- U I '( K' 1~~;I(rJ~=-i ( /C;? - I i~ ____ L_ GL ~L[ ~ ~ -- M CT nlt- ~.o_ ~ ~ ~_- ~ R~~_ ~~ l;21 -000-00.-1210 "-. ~ ~~ mm .~_j CC_11-4ML1H ~; TiL - -I - __~_ -- - 1 8( -_.~ I IIJ IL I"""'I~ IW\II~ .;:) I ..}i\ \\ I D ~ 0--97 -1.074 ~ R ^ l_~ ~ ~. 0 ....... f--: ~ 1\ \. \ \ l , , \ \ \ \ \ \ \ ~\ ~ to i....... ,(.'J Exhibit B Building Location 25' BLDG. LINE TO BE REMOVED -----. \ o ~ ~';~ b o o to WOOD DECK . POOL SPA q g BLDG. LINE o. o ., --r;:O I 'Utility Ea~nt *NOTE: HOUSE OVER _BLDG. LINE AS SHOWN. - , 60.00' 12 z z >- L-I }- a::: a::: <( (!) CITY COUNCIL c\cyor .(1) AGENDA BRIEFING T(.'x,,$ MEETING DATE: i 01/07/03 ITEM #: i 5 ORDINANCE #: ' 0-02-1382 CITY MANAGER I DEPARTMENT HEAD FINANCE REVIEW ! Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval to adopt an Ethics Code Second Reading and Public Hearing First Reading and Public Hearing Backaround During the past year, the Ethic's Committee has been working on the development of an Ethic's Ordinance pursuant to the charge by the City Council. The Committee conducted a review of several existing ordinances in the preparation of the proposed ordinance. The ordinance incorporates those changes made by the City Council during the December 3, 2003 worksession. During this worksession, staff was requested to place the ordinance on the December 17, 2003 regular agenda. Recommendation Enclosed is the current draft of the Ethics Ordinance for your discussion and consideration. Financial Impact None Attachments . Ordinance 0-02-1382 ORDINANCE 0-02-1382 AN ORDINANCE ADOPTING AN ETHICS CODE, PROVIDING FOR A STATEMENT OF POLICY AND CONSTRUCTION, ESTABLISHING DEFINITIONS, PROVIDING STANDARDS OF CONDUCT, REQUIRING DISCLOSURES, ESTABLISHING AN ETHICS COMMISSION, PROVIDING FOR LEGAL OPINIONS, ESTABLISHING A PROCEDURE OF FILING A DISPOSITION OF COMPLAINTS, AND ESTABLISHING A RANGE OF SANCTIONS WHEREAS, the City Council of the City of Colleyville deems it is in the best interest of the citizens of the City of Colleyville to establish an ethics code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT an ethics code providing as follows is hereby adopted: "COLLEYVILLE ETHICS CODE Statement of Policy and Construction 1. Officials of the City of Colleyville have a special responsibility to the citizens of Colleyville. They should be dedicated to the highest ideals of honor and integrity in all public and personal relationships. They should demonstrate a commitment to the preservation of the values and integrity of local government, and a dedication to effective, efficient government. In order to further these objectives, the Colleyville Code of Ethics is adopted. The provisions of the Code of Ethics shall be construed liberally to promote the foregoing policies. Definitions 2. As used in this Code of Ethics the following identified terms have the stated meaning: (a) "Effected" means reasonably likely to be subject to a direct economic effect or consequence, either positive or negative, as a result of a vote, decision or action by the City. (b) "City" means the City of Colleyville. (c) "City Official" means the following: Any member of the City Council, including the Mayor, the City Manger, the City Attorney, the Judge of the City's Municipal Court and any appointed member of a board, commission, authority or committee set up by ordinance, the Charter, the State Law or otherwise on a temporary or permanent basis, but not members of a board, commission, authority or committee which functions only in a advisory or study capacity and which has no discretionary, government, quasi judicial or administration authority. Ordinance 0-02-1382 Page 2 of 7 (d) "Decision" means a vote and any deliberations on any ordinance, resolution, contract, franchise or other matter. (e) "Discretionary Authority" means the power to exercise any discretion in a decision or action. (f) "Entity" means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, joint venture, receivership, trust, or any other entity recognized by law through which business may be conducted. (g) "Immediate Family Member" means the spouse, parent, parent-in-law, brother, brother-in-law, sister, sister-in-law, child, son-in-law, daughter-in-law, or other person living in the same residential dwelling unit of the person. (h) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity. (i) "Substantial Interest" means: A person has a substantial interest in an entity if they have a 10% or more ownership interest in the entity, the value of the person's interest in the entity exceeds $15,000.00 or the person has received from the entity 10% or more of the person's gross income for the preceding year. A person has a substantial interest in real property if the person's interest exceeds a value of $2,500.00. Standards of Conduct 3.1 No city official shall make a decision or exercise their discretionary authority with regard to an entity or property in which he or she has a substantial interest. 3.2 No city official shall grant in the discharge of his or her official duties any improper favor, service or thing of value to any person or entity. 3.3 No city official shall make or permit the unauthorized use of city owned vehicles, equipment, materials or property. 3.4 No city official or their immediate family members shall accept or solicit for themselves any gift, favor, service or thing of value from any person or entity that is seeking a decision or the exercise of discretionary authority from such official or from the city council, commission or agency of which such official is a member. This prohibition shall not apply to: Ordinance 0-02-1382 Page 3 of 7 (a) a non-pecuniary gift, the value of which is $25.00 or less; or (b) an award publicly presented in recognition of public service; or (c) gifts from family members. 3.5 No city official shall disclose any information exempt from disclosure under the Public Information Act (Tex. Gov't Code, Chapter 552) gained by reason of their position with the City concerning the property, operations, policies or affairs of the City, or disclose or use such information to advance any personal interest, financial or otherwise. This paragraph shall not preclude disclosure of such information in connection with any investigation or proceeding regarding whether there has been a violation of the standards of conduct set forth in this code. 3.6 No city official shall hold himself/herself out as representing the city in any capacity other than that for which he/she was appointed or elected. 3.7 No city official shall grant any special consideration, treatment or advantage to any person or entity beyond that which is available to every other person or entity. 3.8 No city official shall use his or her position or city facilities, personnel, equipment or supplies to secure special privileges or exemptions for himself/herself or others or for the private gain of the city official. 3.9 No city official or their immediate family members shall acquire an interest in any contract, transaction, zoning decision, or other matter or property at a time when such official knew or had reason to believe that the interest would be effected by an official act or action of the city. 3.10 No city official shall ask or direct another official to take action or to fail to take action that violates this code. 3.11 City officials shall not use their position to solicit or accept employment for themselves or their immediate family members with a person or business entity that is seeking a decision on the exercise of discretionary authority from such official, or the board, commission or agency of which such official is a member. 3.12 City officials shall disclose any interest in an entity or in real property in accordance with this code, state law or other City code or charter provisions. Ordinance 0-02-1382 Page 4 of 7 3.13 City officials shall disclose any interest in an effected entity or in effected real property held by them or their immediate family members if the official participates in discussion with or gives an official opinion or recommendation to the city councilor any city board, commission or agency concerning the effected entity or effected real property. 3.14 It shall not be a violation of this code for a city official or their immediate family members to contract with the city if the contract is awarded through a process of public notice and competitive bidding, if such notice and competitive bidding are required by state law; and the contract is with a division or agency over which the official has no functions requiring the exercise of discretion. Disclosures 4. Any city official, who becomes aware that a decision or exercise of discretionary authority by the person would constitute a violation of the ethical standards of conduct adopted in this code or by whom this code requires disclosure, shall promptly file with the City Secretary a written statement of the conflict or make the disclosure by completing the form established by the City Manager from time to time for reporting such conflicts or disclosures. Establishment of Ethics Commission 5.1 The Colleyville Ethics Commission is hereby established. The Commission shall consist of six (6) members. 5.2 Members to the Colleyville Ethics Commission shall be appointed by nomination and confirmation. Each member of the City Council, including the Mayor, shall nominate an individual as a member of the Colleyville Ethics Commission. After nomination each member must be confirmed by the City Council. 5.3 The term of office of the members of the Ethics Commission shall run concurrently with the elective term of office of the member of the City Council which nominated them. All members of the Ethics Commission shall be residents of the City of Colleyville. 5.4 Any member of the Ethics Commission may be removed with or without cause by majority vote of the City Council. Upon removal the replacement of the removed member shall be based upon the nomination by the council place which originally nominated the removed member and by confirmation by the City Council. 5.5 The Colleyville Ethics Commission will meet annually to review the City Ethics Policy. The City Manager shall call additional meetings of the Ethics Commission as required. Ordinance 0-02-1382 Page 5 of 7 5.6 Four members of the Colleyville Ethics Commission shall constitute a quorum. Legal Opinions 6.1 Any individual whose conduct is governed by this code shall have the right to request from the City Attorney a legal opinion as to the application or effect of this code upon any actual situation involving the requestor; provided said opinion must be requested prior to the filing of any complaint arising out of the situation. Speculative or advisory opinions shall not be requested. A request for a legal opinion shall be filed with the City Secretary . 6.2 Upon filing of a request for a legal opinion with the City Secretary the matter shall be referred to the City Attorney. The City Attorney shall render a legal opinion within 15 working days of the date of the request. In preparing the legal opinion, the requestor shall respond to request for information from the City Attorney's office concerning the matter. In the event the requestor fails to respond the City Attorney may refrain from issuing a legal opinion. 6.3 A legal opinion shall be binding upon the individual requesting same until amended or revoked. In the event a complaint is filed concerning the matter in which the legal opinion was rendered, the opinion shall be binding upon the City except to the extent the opinion was issued in bad faith or based upon material misrepresentations or omissions by the requestor. Filing and Disposition of Complaints 7.1 A person may file a complaint with the City Secretary alleging a violation of this code by any city official. A complaint must state (1) the specific section(s) of the code alleged to have been violated; (2) the specific act(s) which violated the section(s); and (3) that the complaining party has personal knowledge of the acts. In addition, the complaint must be given under oath. The complaint shall be made on such a form as the City Manager may from time to time designate. A complaint must be filed within one year of the date of the occurrence of the incident, or within 90 days of the discovery of the incident, whichever is sooner. 7.2 Upon filing of a complaint in the form required by the code, the City Secretary shall forward a copy of the complaint to the person who is alleged to have violated the code and the City Manager within three (3) working days. Ordinance 0-02-1382 Page 6 of 7 7.3 Upon receipt of a complaint, the City Manager shall convene a meeting of the Ethics Commission as promptly as possible. At the initial meeting, the Commission may summarily dismiss the complaint if it determines that the complaint is defective, untimely or the allegations in the complaint fail to state a violation of the code. If the Commission determines that the complaint is in proper form, timely and adequately alleges a violation of the code, then the Commission shall set a time for the complaint to be heard. The complaint shall be heard within 45 days of the date the complaint is filed. The Commission may continue a hearing date if necessary to promote justice. 7.4 At the hearing, the Commission shall receive evidence from the complainant and the respondent. The Commission may request information from the City Manager or the City staff. 7.5 After the hearing the Ethics Commission shall file a written finding as to whether or not the code has been violated and shall recommend a sanction or penalty in the event a violation is found, as follows: (a) If the violator is the City Manager or an appointee of the Council, the recommendation shall be directed to the City Council, and the City Council shall have authority to determine the propriety and extent of the sanction or penalty. (b) In the event the violator is an elected city official, the matter shall be placed on the agenda for the next regularly scheduled City Council meeting, and the City Council shall either accept, reject or modify the recommended sanction or penalty. Range of Sanctions and Penalties 8. Upon the finding of a violation of the code, the following sanctions and penalties shall be recommended: (a) When the violation is clearly minor and unintentional a letter of notification shall be issued describing the violation and informing the party of appropriate actions to be taken to avoid future violations. (b) When a violation is minor and mayor may not have been intentional, and the violation calls for a more substantial response than a letter of notification, then a letter of admonition shall be issued. Ordinance 0-02-1382 Page 7 of 7 (c) When the Ethics Commission finds a violation has been committed either intentionally or through disregard of the code or a legal opinion issued by the City Attorney a letter of reprimand shall be issued. (d) If the Ethics Commission finds that a serious or repeated violation of the code has been committed by the City Manager or an appointee of the Council, either intentionally or through reckless disregard of the code, a recommendation of removal or suspension shall be made. Recommendations of suspension shall include a suggested length of suspension. (e) If the Ethics Commission finds a serious or repeated violation of the code has been committed by an elected official, either intentionally or through reckless disregard of the code, a recommendation to call for the resignation of the elected official shall be made." AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney aelQ CITY OF COLLEYVILLE ETHICS COMMSSION COMPLAINT FORM NOTE: FILING A COMPLAINT THAT FALSELY ACCUSES SOMEONE OF A VIOLATION OF THE ETHICS CODE MAY RESULT IN CRIMINAL PROSECUTION OF ANYONE WHO KNOWINGLY MAKES A FALSE ACCUSATION. PART A - COMPLAINANT INFORMATION Print your full name (Identifies you as the Complainant) Mr./Mrs./Ms. Your residence address (Street, City, State and Zip Code) Your residence telephone number (with Area Code) Your business address (Street, City, State and Zip Code) Your business telephone number (with Area Code) PART B - COMPLAINANT DECLARATION I declare I have a complaint against: Mr./Mrs./Ms. Full name of person against whom you are bringing the allegation The individual currently holds the following position with the City of Colleyville: Check One o o o Position Mayor or City Councilmember Board, Commission, or Committee City Manager, City Attorney, or Municipal Judge Title OFFICE OF CITY SECRETARY Page 1 of 3 Individual's residence address (Street, City, State and Zip Code) Individual's business address (Street, City, State and Zip Code) PART C - DESCRIPTION OF COMPLAINT Provide a statement of the facts, which your complaint is based. Describe the events in the order in which they occurred. Keep dates of events in sequence. Include full names, addresses and phone numbers of all individuals involved; including any witnesses present when alleged violations took place. Be factual; the information you provide in this statement must be based on facts and not on personal conjecture. Answer the questions "who, what, where, and when". Attach additional pages if necessary. Please check if additional page(s) are attached D PART D - CODE VIOLATIONS List the sections and paragraphs of the Code of Ethics' provisions you believe have been violated. Attach additional pages if necessary. Please check if additional page(s) are attached D PART E - PERSONAL SOURCE OF EVIDENCE Identify sources of evidence, if any, that you believe should be considered by the Ethics Committee. Submit all information that you have; attach photocopies of any pertinent papers or documents to support your allegation. Attach additional pages if necessary. Please check if additional page(s) are attached D OFFICE OF CITY SECRETARY Page 2 of 3 I CERTIFY THAT I HAVE READ THIS COMPLAINT, I FULLY UNDERSTAND ITS CONTENTS, AND I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF TEXAS, THAT THE FORGOING STATEMENTS AND PHOTOCOPIES OF ATTACHED DOCUMENTS ARE TRUE AND CORRECT. Full Name (print) Signature Date Before me the undersigned authority, on this day, personally appeared, , known to me to be the person whose name is subscribed hereto, and being duly sworn, stated that he/she has personal knowledge of the facts hereinabove and that such facts are to his/her knowledge true and correct. Notary Public <NOTARY SEAL> County, Texas My Commission expires: Upon completion of ALL sections of the Complaint Form, please hand deliver or send by certified mail with any attachments to: Office of the City Secretary City of Colleyville 5600 Bransford Road Post Office Box 185 Colleyville, Texas 76034 OFFICE OF CITY SECRETARY Page 3 of 3 CITY COUNCIL city or CCeD'" AGENDA BRIEFING leX'05 MEETING DATE: ITEM # : ORDINANCE # : 01/07/03 6 0-03-1383 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Special Use Permit for a cellular tower on Lot 1, Block 2, Leggett, McKithan and Baylock Addition located at 2319 Hall Johnson Road, Case Z-02-031 First Reading and Public Hearing Backqround Zone Systems, Inc., on behalf of Verizon Wireless, has submitted a Special Use Permit (SUP) application to increase the height of an existing cellular tower from 100 feet to 115 feet. The existing tower is located at 2319 Hall Johnson Road, at the corner of Amador Trail, behind an existing office building. The tower was constructed before 1995, the year the City adopted regulations for cellular tower structures. All cellular towers require approval by Special Use Permit and must meet specific requirements for structure height, setbacks and parking. When the existing tower was constructed, these requirements were not in place. The owner proposes adding 15 feet to the height of the tower, which triggered the requirement to apply for a Special Use Permit. Since the tower was constructed before the regulations were adopted, the tower does not meet all the current requirements. The following table shows a comparison between the adopted regulations and the existing tower. CELLULAR TOWER ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1. Pole design monopole monopole 2. Setbacks 2 times the height of tower (200 feet) 30 feet / 186 feet from adjacent residential property lines 3. Parking one paved space gravel driveway The attached ordinance would authorize a Special Use Permit for the cellular tower at this location. The ordinance also authorizes the proposed height and existing setbacks for the tower. Since the tower was constructed before the regulations were adopted, it is unreasonable to expect that the tower be relocated to meet the current requirements. If the Special Use Permit is not approved, the tower may remain at its present location and height. Agenda Briefing Ordinance 0-03-1383 Page 2 of 2 Staff mailed 16 notices to adjacent property owners regarding this request. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this request at the November 11, 2002, meeting. The Commission recommended approval by a unanimous vote. Since the SUP for this particular use has little impact on land use decisions or requirements, but may be important to those living nearby, staff believes the opinions of the area property owners should be the most important factor in whether to grant the Special Use Permit. Since the request is an SUP, conditions may be imposed that are different than or in addition to the normal requirements of the Land Development Code, provided the conditions are intended to reduce the negative impacts on the adjacent property. Recommendation Approval Attachments · Location and Zoning Map · Zoning Exhibit · List of Property Owners Notified · Ordinance 0-03-1383 " 2.!L- 2n 25 15 IA 20 10 ~A3 12A AC 23 IJ 2> II 12 I~ "- 2\ -, .. <Jl ..J ..J 28 r .. 8 0 Z ~ .. q :I: C, I' 18 TnJA 24. a:rt At 11 ! 5 " 6 15 " , .. 5 '0 IJ 3 2 TR 295 t .6' .. : ! i ~~~,____L_-J ... !~,'~ .~ . 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I j mfm~ n~- >i,;~I~ ~'. 0," .;J"( '.le ~{ :co ~i :-.; ':.1 ~~~ 1!~~,jJlr,r""t'Of'jJ..,\'~"S~\.P"J'~~"~.';:' I ri~ !::&3i:> i~!! m~ m~ li~ :l~.~ H~\ "'.s:;o !' ~~L> !!Ii ~ k:; 8 ~~~~ 1"'J'~l'.'o" j <eJt,., '0' McClendon Nursery 2505 Hall Johnson Road Colleyville, TX 76034 Chandler Cantrell Properties P.O. Box 611 Colleyville, TX 76034 Leroy McClendon 2505 Hall Johnson Road Colleyville, TX 76034 Wayne Vardell 2400 Spruce Court Colleyville, TX 76034 Charlie & Helen Fay Hall 4200 Glade Road Colleyville, TX 76034 Kevin & Heather Preola 5605 Sycamore Drive Colleyville, TX 76034 John & Lynn Terry 5609 Sycamore Drive Colleyville, TX 76034 Roger & Teresa Isbell 5701 Sycamore Drive Colleyville, TX 76034 Guy & Shelley Willingham 5705 Sycamore Drive Colleyville, TX 76034 Jeffrey Seifers 5709 Sycamore Drive Colleyville, TX 76034 David Stiles, Jr. 2305 Ballantrae Drive Colleyville, TX 76034 A. J. & Elizabeth Phelan 2307 Ballantrae Drive Colleyville, TX 76034 Keith & Carole Butterfield 2309 Ballantrae Drive Colleyville, TX 76034 Thomas & Lea Ann Wood 2401 Ballantrae Drive Colleyville, TX 76034 Lester & J ennelle Rushin 2403 Ballantrae Drive Colleyville, TX 76034 Larry & Joyce Morgan 2405 Ballantrae Drive Colleyville, TX 76034 Case Z-02-031 (Notices dated: November 1,2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by ~the Texas Local Government Code and the Colleyville Land Development Code. an Levy Planning & Zoning Assistant ORDINANCE 0-03-1383 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CELLULAR TOWER ON LOT 1, BLOCK 2, LEGGETT, MCKITHAN AND BAYLOCK ADDITION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Zone Systems for Verizon Wireless on October 18, 2002, under Case No. Z-02-031; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 1, Block 1, Leggett, McKithan and Baylock Addition (2319 Hall Johnson Road), by authorizing a Special Use Permit for a Cellular Tower, subject to the following conditions: a. Heiqht. The overall height of the cellular tower shall not exceed one hundred fifteen (115) feet. b. Setbacks. The setback from the center of the tower to the west property line shall be thirty (30) feet. The setback from the center of the tower to the south property line shall be one hundred eighty (180) feet. c. Location. The cellular tower location shall be consistent with the drawings attached as Exhibit "B". d. Construction. The cellular tower shall be monopole construction only. Sec. 2. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon Ordinance 0-03-1383 Page 2 of 2 conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney 9R EXHIBIT A - ZONING MAP BR \"--..- i 35R 22 W l- I 3; BALlANTRAE DR 1R 2 :3 4 f 5 6 7R 8R 1R 8 1 2R 3R ! I i I 4R pR 3 i I - - - - - - - ~ - jOHHSOM- RB-- - - - - - - - - - - - - -- 27 c i I I r... z-;; 1 ~ i--'.'~'O" S \ \ 24 , ~ ' tS 26 RRY CT 20 19 18 L.......-........-- 17 0:: o 11 10 91 8 7 6 1~ 4 3 TR 1.0 AC '< t>-~\) '\j\~t.: .s \'\~~\) ~ 1 1 3.071 C n:: I- 0:: o o <( :::E <( '0101 5 4 /" ~~ 3 6 TR 1R6 I TR I TR 1R13 i 1R12 .9735 1.9735 AC I AC ! TR 1R7 TR 1RB 1.5 AC 2 3 SPRUCE CT E 7 l' Ii " 8 EXHIBIT B - BUILDING LOCATION AND ELEVATIONS LESSEE AREA 18.37'x20,O' 368 SQ.FT. 0.0084 ACRES POB UTILITY ESMT PROPOSED CONC PAD EXIST 8' 'WOOD FENCE PROPOSED CABLE L7 M tdX r..... t::l(l) C)-1 ..... Z C) L5 DOUBLE GATE RF EXISTING GRAVEL DRIVE EXHIBIT B - BUILDING LOCATION AND ELEVATIONS >- lL..-.J D~ ~ Q...W DC/) l-C/) <[ D l-<L Z .. Z Ow ~l- lDZ ~<[ lL..<[ OZ Z Q...W Dl- l-Z <[ DL:J>- l-Z-.J I-l~ Ol-4 O(/)W - I-l (/) oX(/) SW<[ TOWER ELEVATION DETAIL NOT TO SCALE CITY COUNCIL ell Y Of cae(/) AGENDA BRIEFING lex.,::> MEETING DATE: I 01/07103 CITY MANAGER ITEM # : 7 DEPARTMENT HEAD ORDINANCE # : 0-03-1384 FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Special Use Permit for an accessory building on Lot 11, Block 2, Highland Acres located at 305 Timberline North, Case Z-02-036 First Reading and Public Hearing Backqround Carl Callaway is the owner of a house located at 305 Timberline North. The owner has submitted a Special Use Permit (SUP) application to construct an accessory building on the property. The owner proposes to construct a 720 square foot, single-story building on the property. There is a 1,200 square foot detached garage already on the property. The accessory building regulations include size and location standards. All requests to exceed the base standards must be authorized by a Special Use Permit approved by the City Council. A comparison of the regulations and the proposed building is shown below. The proposed building meets all the requirements of the regulations except for the building size. ACCESSORY BUILDING ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1. Maximum Size 1,000 sf for 0.5-0.99-acre lots 1,920 sf 2. Max. Number of Buildings 3 2 3. Side Setbacks 5 feet 10+ feet both sides 4. Rear Setback 5 feet 25 feet 5. Max. Height Not to exceed height of main building complies The allowed size of an accessory building is based on the size of the lot. In addition, the total square footage of all accessory buildings cannot exceed the maximum allowed size unless approved by SUP. For lots between 0.5-acres and 0.99-acres, the size of all accessory buildings is limited to 1,000 square feet. The applicant's lot is 0.88-acres in size. There is an existing building on site that counts towards the total allowed square footage. With the existing building and the proposed building, the total square footage of accessory buildings proposed is 1,920 square feet. The applicant is requesting a waiver of the size requirement to allow both buildings as proposed. Drawings of the building are attached. The building, as proposed, would be constructed of a painted metal exterior (white walls with green/gray trim), with two garage doors and one Agenda Briefing Ordinance 0-03-1384 Page 2 of 3 standard door. The roof is proposed as a white metal panel roof with a 7:12 pitch. The overall height of the building is approximately 17 feet to the top ridge of the roof. Impact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future single-family residential area. 2. Surrounding Properties. Most of the surrounding properties are developed as single- family residences (Highland Acres). The properties are zoned R20 Single Family Residential. 3. Development Trends. The long-term trend for this area is single-family development. Property in the area is generally suitable for that type of development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $245,000. The estimated annual City property tax revenue generated by this property is $851. The addition of the accessory building could have a positive impact on the appraised value of the property. 6. Traffic Generation. The addition of the accessory building will not have an impact on the traffic generation in the neighborhood or local area, as the building is a private garage for use by the property owner. 7. Public Notification. Staff mailed notices to 13 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Since the SUP for this particular use has little impact on land use decisions or requirements, but may be important to those living nearby, staff believes the opinions of the area property owners should be the most important factor in whether to grant the Special Use Permit. Since the request is an SUP, conditions may be imposed that are different than or in addition to the normal requirements of the Land Development Code, provided the conditions are intended to reduce the negative impacts on the adjacent property. The Planning and Zoning Commission conducted public hearings and considered this request at the December 16, 2002, meeting. The Commission recommended approval by a unanimous vote. Recommendation Denial, due to technical non-compliance with the Land Development Code Agenda Briefing Ordinance 0-03-1384 Page 3 of 3 Attachments · Location and Zoning Map · Building Drawings · List of Property Owners Notified · Ordinance 0-03-1384 ! :l2 i i I 16 ! i i i i i 17 i i , i i I 35 j i I I! i I I ~ -..-..-..-..-..-..-.--..-...-......-....--..-.. A3 ! i AI -I A2 i ! i T_' A' II, 1.135 . I, ! ! i I ! i ! i ! ! ! i ! 04_.0_ .0_._ .___._____ ____.._.._ _.._.__u_.__. -- j I TR tAlA 2.. AC uC C",O~.\)\)~&,l TR lA5 1.8fil At TR IA .63 At ~;.~ A~ TR If\JA \.22 N:. TR Itl38 .492 I 6 '" .- - UR - ,.. '" I Cl. '" ,- IA 2ft 3 . ~ 6 7 8 . II II 12 13 ,. '5 '" <( '"j '" ~ . ~ V I 3II:M20~' 111..' .<." 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'l J S ..~ '1' Cf f, ~09) ^1 2 Cv 3 lR IAS J,92 PC Cl., ...... ~ CI:l ~ Location Map & Area of Notification CASE # Z-02-036 - Special Use Permit . J?~ '---{, J I I i !1;, I ' I + "'-- ..1'1 ' ~i .~ ,; ~ I~ wi t- o ~ -.Il " ".'" { --I l-t "~~ 1~1- ~S\1t. )4 ,( ~ <.J c;.,J ,. ;-;f? I I lev i'" ::f.\ ..~ .",lllII ~ .~ -<;0 .... ~ 1-' '1"''' .. ."" It. ~t'!. ,~4- ,l~ ~-e.' . .J,'\.~ '*' '" ~ 'Z.1'-j: v1.'It' Lt' .' . 'l: .t _"" - 'fi Y.-.~.. .-,..... ->.~.' _. . . j' 1l'IId0M> ~. . ~/. ::aut. t'~d 't.~ )..J /, r\:v c " I ~ " I I I 1=-, lJ1 d II -l ! - ~ . I \ I "---I i ! I t \ l ! ~ ~, j , if I 0 - i .,' :r J .~~ -- ! 0 $) ~7 ! ...-n / I I J I .. . I -............... i tl , i t . -V i '- I --#--' i t'\ , :t:. ! ! ,tI I to ^ 1 ,. t- - j , I \ i .__.__...L ~. I I . I II ' . ',' i : ~ ,. I t II I I ~ '_ .-L______"- .,_ ___ I F-~--=---_. d "''''1- f ; I I --'----~.- -::- " r t ! f '~ II I : ' ! 'I i-..\l I ~ II ! ~ !:- I Ii" I I II v l,~L_ ;1 ~ . ~ i :--. -~-1- I I f I ~) i X. i ~J I , I I, j i ~ 1 't -......... <::. i: I : . --~'---..--'-_; t ~-~-'---,,,,---",.--- II 0 I ; vl , ~' !.i , ! ; I.i..-,____~:.~: . II 'h~r1 ~ I ill --.J l~. ,....~ J J r I "" ~ ~ '" " U G'\ 'v\J -< ~ " ',.' '" . ..,.-._---~,..' .,-_._--~,-- ','::: :::-:'1 David Pillow 312 Timberline Street S. Colleyville, TX 76034 Florence Gibson 309 Timberline Drive N. Colleyville, TX 76034 Richard Larkin 308 Timberline Street S. Colleyville, TX 76034 Carl & Barbara Callaway 305 Timberline Street N. Colleyville, TX 76034 Lillie Parker 304 Timberline Street N. Colleyville, TX 76034 Dorothy Osborne 301 Timberline Street N. Colleyville, TX 76034 Terry & Robin Crunk 405 Bridlewood S. Colleyville, TX 76034 Donald & Ann Hardage 213 Timberline Street N. Colleyville, TX 76034 Patrick Allen 212 Timberline Street N. Colleyville, TX 76034 B Owings & L Bargsley 312 Timberline Street N. Colleyville, TX 76034 Charles & Wilma Thompson 308 Timberline Street N. Colleyville, TX 76034 Jeanne Batts 304 Timberline Street N. Colleyville, TX 76034 Fred Rushing 300 Timberline Street N. Colleyville, TX 76034 Daniel & Lisa Collins 212 Timberline Street N. Colleyville, TX 76034 Case Z-02-036 (Notices dated: November 25,2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitJand-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy t:f- Planning & Zoning Assistant ORDINANCE 0-03-1384 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON LOT 11, BLOCK 2, HIGHLAND ACRES; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Carl Callaway on November 22, 2002, under Case No. Z-02-036; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 11, Block 2, Highland Acres (305 Timberline North), by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum size of the building footprint of all accessory buildings shall not exceed one thousand nine hundred twenty (1,920) square feet. b. The building location shall be consistent with the drawings attached as Exhibit "B". c. The accessory building shall not be used for commercial purposes, other than those uses permitted by the Land Development Code. Sec. 2. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Ordinance 0-02-1384 Page 2 of 2 Sec. 3. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZONING MAP I III .eel'\' P ~ AK Y....L'" I DR " ("p,... ~\eJ_ oP-t... ~ I I I I I - I I I l)AJ( V ALlAH DR. ( ;!III I I - t-" A2 I I I T~:S A: II. ~ c~f,~ II ~,JO J:ll(~ lMOT AZ !- _~ 12 I' II t 4 2 2.11 · I ~ nlUU:IlLINE OR S _' \ _._.__ '__"_ -e~t2. __._.--' ___ ~---- ---.--..-- I. t r.. l-lV !\' 1 ~ " - r11G~ lJ II : 4 :) l . 'I .. 1I 12 131' Ii 7 :2 2 :} 11 11 .1 . 7 to .' ~~ .-r r.. c f .' A;l'fp';J il1G]'l - \90'$/ _IMatltLIl'lE OR 1'I 17 1l1~' r:.JJ'J.. , Ilf~. " ---- ~ II 3 'I 4 4 , 2 '" ~ 2\ .'1 22 2. 16 I' 'I . T lR 150 IS.' M: 111 W 1.1125 lilt ._____ ~\ 1.. ~~i ~~U 1 I ~ ~~'O \'n ,. d lRIG .~I 1.1 lilt )J 111 lGl 111 18 .41'1 flit r 1lI 182 1.11 lilt 35.... .3' - 2 l=l ~ Cli '" o c.- u, ~ ..: f----- EXHIBIT B - BUILDING LOCATION AND ELEVATIONS \?,q..('l,' It' ! Ps I . I .r..--,1'" .l, ~,', "f tJ~)'1 ~1 p.~i) :t \~ ).4,,- ~ ~ i t .';..J ~;~ j.... tl " ..{t - <t.. I t t t j / ~:i:r/ '- ~" 'l, -,3 .t!:, ""Vi' ' -.JJ -- "'" . , ~~ , - i 4--_ ,- b I I I :;,.. ,"I> [", \(l I ' -.J r-- ~ .' i .t I _.Nlrl ' Gl. r~ l~l ~ 1 EXHIBIT B - BUILDING LOCATION AND ELEVATIONS ,,'---- ~._~"'--,...,--'~_._-- r ._--...~ t - 0- -......... .~ 0 -_...,~....,,-,.-., ~ to- ,... "< r ~ "" I. - -} }:! .0 -.... ... ~ '1 - v".~_.,_._.._ _J~.. s ....... - ..... -... \/. ~ r \r - . ---- ..., ~- -. - " .p ...... I..' A.o .~'_..>r~ ._,,,......'..."r..'...A.... '1 ~ ~ t ... ..y "<. - ": .., r ~ w- ~ - .~ ':3 / 3 - tI (/ q... . 0 -'t" "'" r; T ..::z 0 - 3 ~ .. --~_., "". -~. - Co.::. . -x 1------------ .. -'--- ~ 1----- ----- . -. Q ~ , .i).. 'b "'X .... ~ CITY COUNCIL Cd~. Of ~ AGENDA BRIEFING CC~D3 'rex;).::' MEETING DATE: ITEM # : ORDINANCE # : 01107/03 8 0-03-1385 CITY MANAGER I DEPARTMENT HEAD FINANCE REVIEW I N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from AG to PUD-C Planned Unit Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard, north of Tarrant Lane, Case Z-02-034 First Reading and Public Hearing Backqround Schwob Construction Corporation is the owner of 4.268 acres located near the northeast corner of Colleyville Boulevard and an abandoned road known as Ross Downs Road. John Altman has the property under contract to purchase and develop. The applicant has submitted a request to change the zoning on the property from AG Agricultural to PUD-C Planned Unit Development Commercial. The owner proposes to develop the property for office, retail/commercial and office-warehouse uses. The property is generally triangular in shape. There is an existing auto repair facility and several smaller buildings on the property. The property abuts a single-family residential area to the east, and industrial property on the other sides. The property is landlocked and does not have direct access to a public street. The following is an analysis of the major issues associated with this rezoning request. Land Uses. The applicant proposes that the uses allowed in the CC1 and ML zoning districts be allowed by right. Any use requiring a Special Use Permit in either district would still require a Special Use Permit. The applicant also proposes an automotive repair and service facility as a use by right. Prohibited uses in this development include building material sales with outside storage, bus or train passenger terminals, railroad or motor freight terminals, transportation vehicle storage yards or garages, and veterinarian clinics with outside storage. Street Access. The property is accessed from Ross Downs Road, which was abandoned by the Commissioners Court in 1936. Access to the property is the most significant issue related to the development of this property, as this property does not have frontage on a public right- of-way. On the advice of their attorney, the applicant is working with the adjacent property owners to develop quitclaim deeds, which will divide the old right-of-way between the adjacent property owners on both sides of the abandoned street. When a plat is submitted for this property, half of the road will be incorporated into the applicant's lot, giving the property sufficient frontage on Colleyville Boulevard to provide a drive approach for the project. A copy of the attorney's letter is attached. Agenda Briefing Ordinance 0-03-1385 Page 2 of 4 Fire Department Issues. The layout of the project will be similar to other office or retail developments, with primary access to the buildings through parking areas and fire lanes. The Planning and Zoning Commission recommends that all buildings, regardless of size, be constructed with fire sprinkler and fire alarm systems. In addition, the location and widths of fire lanes will be coordinated by the Fire Marshal to ensure proper access is available to all portions of the site. Landscaping and Buffers. At least 20% of the land area must be maintained as a landscaped area, as required by the Land Development Code. Thezoning exhibit appears to satisfy this standard. However, detailed review for compliance with this requirement would take place during the site plan and landscape plan review process. The development is also required to provide a 20-foot wide landscaped buffer adjacent to all single-family areas. The buffer area must include evergreen plan materials planted on 6-foot centers for the entire length of the buffer area. Fencing. The applicant proposes to construct an 8-foot tall cedar fence with cedar cap along the common property line with the single family residential area. The smooth side of the fence will face the residential property. Subdivision Plat. The zoning exhibit for this request is not considered a subdivision plat. The exhibit is a conceptual layout only, and the developer will be required to submit a plat if the zoning change is approved. The subdivision plat review will give the City the opportunity to review specific plans for streets, water, sewer and drainage. Impact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future retail and commercial area. 2. Surrounding Properties. The properties to the north and west are developed as commercial uses and are zoned ML Light Manufacturing. Property to the south is also zoned ML Light Manufacturing, and one lot is developed as a self-storage facility. Property to the east is zoned PUD-R and is developed as single-family residences (Ross Downs Estates ). 3. Development Trends. The area is experiencing some new development northwest of this site along Colleyville Boulevard. A new dentist office has opened at the corner of Tennison Parkway, and a photo studio and interior design studio are under construction. It is possible that the area could experience redevelopment in the future when improvements to Colleyville Boulevard are complete. 4. Infrastructure. The developer is responsible for the extension of water and sanitary sewer services to the project. Some utilities are available in the area. Agenda Briefing Ordinance 0-03-1385 Page 3 of 4 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $254,130. The estimated annual City property tax revenue generated by this property is $883. 6. Sales Taxes. Office and warehouse operations typically do not generate sales tax revenue. It is possible that some uses will generate sales tax depending upon the specific type of business. 7. Traffic Generation. The Institute of Transportation Engineers (ITE) publication Trip Generation provides estimates of expected traffic generation based on land use. Business parks typically consist of buildings occupied by offices, commercial uses, industrial uses and warehouses. During the 1980's and 1990's, ITE studied business parks around the country, mostly in the San Diego area. On average, a business park generates 12.76 trips per 1,000 square feet Gross Floor Area and 149.79 trips per acre. Based on these averages and the size of the buildings and lot, this development could generate 639 to 664 trips per day. The following table shows the recent traffic counts for Colleyville Boulevard during a 24-hour period. Location 24.Hour Total Date Tinker Road intersection 30,366 vehicles 2001 /2002 John McCain intersection 43,625 vehicles 2001 /2002 8. Public Notification. Staff mailed notices to 33 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted public hearings and considered this request at the December 2 and December 16, 2002, meetings. The Commission recommended approval by a unanimous vote, subject to the following conditions: 1. A fire sprinkler system and fire alarm system shall be provided in all buildings. 2. A fire lane shall be stubbed into the property to the south for future access to Tarrant Lane. 3. The lights on the building shall emit zero lumens as measured at the residential property line. 4. No commercial activities shall take place outside between the hours of 9:00 p.m. and 6:00 a.m. Commercial activities shall include deliveries, loading and unloading of vehicles, and the operation of commercial or industrial equipment. 5. The specifications for the screening fence shall be added to the ordinance. 6. The automotive use shall be restricted to the middle of the property. 7. The location and width of fire lanes shall be determined by the Fire Marshal. Recommendation Approval Agenda Briefing Ordinance 0-03-1385 Page 4 of 4 Attachments · Location and Zoning Map · Information from Applicant · DRC Review Memorandum · List of Property Owners Notified · Correspondence · Ordinance 0-03-1385 lA 3 8.6Q AC 1.1'1 ~=-~_.. lA 2K 3.1!12 At ,. " 12 ~ 9 z .8 Ie . 13 .;\ C. 1,:\ " .., 11 >, ,. ..., r:l t~. I~ 12 -. ::1 ~ TJt 'H 2.81 At lA2 1.Sg'!l AC fR 2J 3.12 I\C 'lE .AC 13 '2 " 5 & "" 12 ~ I' "7. E i,) ~.1 ~7, ;;; INIJU8TRIAL "I.Vn .- 'I :':'~ r.l u 1'. y l.r~ OT ~ .. ... " " .. 15 ,. I" IB 11 t 18 'I l~ .2 'I ,.. ~ R-14-' ~;,; \j ~~.;) \\~ 'i r--\?' '\~S ~5'\~, 1 3.6'2J~ ~ ~ ~ 1 & ~~ lR 293 .Q1 AC cal.I.EYVIl,U; TIf' TR 2J Tlt 2K .SAC I.II\C Tn 2N .6"8 . T. 2L I.B At Tn 02 .7:=; nc TA 20 .'Ie I\C IR JA2 ~' 368 . ~. fR 201 ,;I\HI'FP5 I 22 -19-- Tn ?y ,..q At TA 21<1 lR 2Y2 .294 nc Il-t. ill lq ;:'Gt .:125 nc .35 nc 21 SANIlP.!lfJ LN 'A 21......---J..L1GH ~ . ,- I~ Location Map & Area of Notification CASE # Z-02-034 - Zoning Change - AG to PUD-C ~\,I,-1 )-- ~. ~ ~?~ ~ ~------C ~ y 1 ~~ ~ / / I ~ ! I , I , I I \:a .1 i i o~ I I ~p I. I 1-' ~: I~' -- I, ~ \ - 1\1\ ~ t---- I-- .JC.- tt: I ~ = '~c-- ' l!,~ Q ~l/ ~ ~ = - ~\ ::i V' I v fit'\ ~j1 I ~ -- \' T T-~~ \ """f; I 17 rrr- ~ I ~~, . ~u 71 81 ~ ~-~ ~c-V '<w C/) ~ l::S t rr ~ I I-- ~ :0--- [3 .~ ,-~"' ~ ~ lfrnrrJ'-2HEtl1~=~" -~UI C) ~~ ~h:;~- \A\II ~ - ~ c~ LLL q: ~ mmm~ I 11-1 I en -k5 -:: / - ~~"'\ ~=:""I!! 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Ul o Ul '+-Q) C c'- o Ul _::J 0..00 Q)'U ~c (/)0 - o :J 0 +-' - Q) 0 <J C c..c o 0 o~ H'"j.! 0. S f I ~ L f f 0J L -=-- (}l L f f f L f f L f L f f f L f f f I I f f f f ~ f )> f Z f f rrl f ~ f f':~ Z '\/, f X:. -1 .;iy , f ~ ;0 J> )> <s-~ ""7~ Z f ~<:' f 0 f ~ rrl f f ~"'^ f f ~ f f f ~ f / f f ... ~ ~ f f ~ f f ~ ~ ~ f . "& f ~ ~ f f f f f "" (-\-/St · 1179 cv/v: f?;-l October 30, 2002 Dear Neighbors, My name is William Ingle, a commercial real estate agent actively working in the Colleyville Market. I represent John Altman, a real estate investor who owns "Colleyville Tech and Business Center" at 1900 and 1904 Industrial Blvd in Colleyville. Currently, Mr. Altman has a 4.268-acre tract at the intersection of the abandoned Ross Downs Road and Colleyville Blvd., which backs up to McMakin Ct. and Baker Ct. in the Ross Downs Estates II subdivision, under contract with plans for a mixed-use development - "Colleyville Tech and Business Center North" . Mr. Altman plans to submit to the City of Colleyville for a Planned Unit Development with C-l uses and some ML uses. This development will have approximately 43,000-sq. ft. of total lease space available and will target retail, showroom, and professional office type tenants. Lease spaces will start at a rate $12.50 per sq. ft. and they will be triple net leases, which includes taxes, insurance, and common maintenance area. In addition, "Colleyville Tech and Business Center North" will meet all design and landscape standards of the City of Colleyville. We have already spoken to Hodges Automotive about the possibility of being a tenant in the new development. Mr. Hodge, who has been on the property for almost 20 years, indicated that he would like to remain at this location and be a part of the new development. Mr. Hodge would be in a new lease space of approximately 4,000-sq. ft., with a screened in yard and retail look and would be the only automotive business in the development. Please know that Mr. Altman has the best interests of everyone around this development in mind. He believes that this development will clean up the property and make it an asset to the City of Colleyville, in addition to creating more affordable lease space for professional office, retail, showroom and other tenants that would like to be a part ofthe City of Colleyville. We have scheduled a meeting for 7:00 p.m., November 12, 2002 at Able Electronics located at 6607 Colleyville Blvd. in order to show the site plan and discuss any concerns you might have regarding this development. Should you have any questions prior to this meeting, please feel free to contact me at 817- 427-9545. I look forward to working with you in regards to this matter. Sinc6{ely, tJ~ ~~ Y-:fZ- William S. Ingle Phifer and Associates, Ine 817.427.9545 . Fax 817.281.2442 . 7510 Davis Blvd., Suite E . North Ricbland Hills, TX 76180 info@LandDeals.com . www.LandDeals.com D. Young Co., Inc. D. Young Co., Inc. 1904 Industrial Suite # 105 Colleyville, TX 76034 Telephone 817-442-9007 Fax 817-481-9664 November 21,2002 City of Colleyville Clayton Husband P.O. Box 185 Colleyville, TX 76034 Re:Z-02-035 PUDC Amendment Mr. Husband, This letter is in response to the Development Review Committee comments on the aforementioned Zoning case. Due to legalities discovered about the abandoned roadway and in response to our meeting with the surrounding homeowners the entire drawing has been redone. Please bear in mind that this is intended to be a preliminary conceptual design as needed for Rezoning. The guidelines established during this process will guide us through the actual final design of the project. General Information: 1. Please fmd attached a copy of the letter stating the legal opinion of Richard D. Worsham. It is our intention to follow Mr. Worshams advice. He has been retained to begin the legal paperwork for all of the quitclaims access easements etc. Zoning Exhibit Drawing 1. As the revised drawing shows we intend to totally redo the entrance in concrete and provide proper fire lane access throughout the property. 2. The development will not be subdivided. 3. The 20' landscape buffer is shown in the revised drawing. 4. An 8' cedar fence is now noted on the plans. The surrounding homeowners seemed to be pleased with this. 5. According to the drawings 27% 0 the property is landscaped. 6. Due to revisions after meeting with the surrounding homeowners the secondary entrance was placed further from the residential areas. We trust that this will be satisfactory. 7. These land uses area acceptable. 8. Water, sewer, electricity and phones have been located. Other Information: Fees and dedications have been noted and discussed with the developer. Nov-21-02 03:42P Worsham & Denman 817 545 6854 P.02 RICHARD D. WORSHAM krroll..."I!;Y ANfl COUNSeLO~"'T T ...w MERCA'lrHP ll...NIC BLlx.;. \600 Airport Frt,;C\liH.Y. !\llitt 404 FledlulIJ, 'l'ex;u 'Ui022 F~,.illl;lc; Ii l'iS45 <.18(>4 . ".I. plw".. .~ 17 .tlll~.!\..( 1(1 Novcrnher 21, 2002 Via Facsimile - 1'117-281-2442 Bill Ingle 7510 North Davis Blvd., Suite E Nonh R;chland Hills. Tx 76180 Re: Colleyvil1e Tech Business Center North (4.3 Acres in ColleyviUe) Dear Bill: This letter is to cunHrm our prior COlwen,atiuns regarding this propclty.. I hilV~ reviewed the rrdiminary slIr/cy of the proposed sit~ nfthe CotteyviUe Tech Business Center North. Thi1' surve)' shows an abandoned road and thoroughfare between the pmpO!ied building site and the lots bordering Highway 26. The survey reflects the road and thoroughfare were abandoned in1 936. However, 1 believe it to have b~en in use to access Ross Downs for many years after thai. Lt is my understanding that this roadway was cuto!r from the adjoining Ross Downs development over ten years ago, but has been in continuous u!.e to access the rear of the properties bordering Highway 26 since the road was abandoned in 1936. This road does not appear t.o have heen incorporated into the legal descriptions of any ohhe surrounding tracts. The question raised by the City nfCulleyville, as I undersland it, is how will you access the proposed site of the Colleyville Tech Business Cerlter North unless title to this property is cleared? first, regardless or ownership of the roadway easement, the property owners using the roadway have a prescriptive easement to use the roadway. An easement by prescripti()n is similar to ~uatlers rights~ if you ll'le it lung ellol/gh, it becomes a property right. It is I~Y legal opinion that the property owners abutting the roadway thoroughfare do not have a legal right to block acceSs to the roadway, and that your right of acce!iS is enlorceable in a court oflaw. The property owners in Ross Downs. however, have abandoned thei r right to access through lack uf liSe There remains a question as to title to the roadway and thoroughfare. The only way To tlnally clear title is to me a suit to quiet Litle As that is a time consuming and costly prol.:ess, the alternative is to reach an agreement with all of the parties who would have standing to assert ownership of the roadway thoroughfare 1t is my legal opi ni(.ln that the only parties with standing to make a claim to the property or a right to access the roadway are those abutting the roadway thoroughfare and th~se property owners who have b~en using Novem"~'t 11, 2002 . Plol/:CC 1 of 2 Nov-21-02 03:42P Worsham & Denman 817 545 6854 P.03 the roadway to access their property for the past decade This is limited to the owners of the tive tracts lying between the roadway thoroughfare a!ld Highway 26, and the owners of the propused site for the Colleyvillc Tech BLlsines!t Center North. I WGuld propose that tbis be docUI"entetl by surveying the roadway thoroughfare, breaking it into portions abutting the surrounding. tracts (5 tracts), and having each of the parties execute a. quitclaim deed of each surveyed section tu the respective adjoining tract owner. To establish a clear dght to access of the roadway. we would simultaneously create a cross access agreement providing an ea.~ent for all 6 property tnlcts (including the one that docs not adjoin the roadway, but has used it for access) to use the roadway. As no oth~r party would have standing to assert a claim, this would etlcctively qUIet titl~ in the names of the surrounding property owners and establish acces~ and use of the roadway thoroughlare MainleIlallce oftne thoroughfare would be resolved in the cross access agreement. 1 believe that this litic will be sufficient for a title in!lurarlCe company to issue title insurance on the added propt!rty. However, it is up to the underwriters of the individual title insurance companies to make that decision, and 1 cannot guarantee that decision. M there is a 3-year statute of limitations for advers~ possesSion under "color of title" (meaning, a deed), I believe any possible objection!; tu title would expire liiler that. time period. J would recommelld a review ol'the deeds to the surrounding tracts and the d~ tu Ross Downs prior to its conversion to a development would be warranted to assure that the road thoroughfare has not previously been incorporated into another property description. Please feel fr~e to use this letter as a reference in your discussions with the City ur your investors. Sincerely. . 6...).~, A . ---./ J /Ij ../ ' )~/ t/V/-t~J.r-. Richard D. Worsham rw ." NO"tDlb4: r 21, 211tl2 . Pa~e 2 of 2 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE November 13,2002 FAX TO Dwayne Y oung ~ Bill Ingle ~ Schwob Construction Corp FAX NO 817-442-9007 ~ 817-281-2442 ~ 970-259-6510 FROM Clayton Husband, AICP, Community Development Manager SUBJECT Z-02-035 PUDR amendment - Lonesome Dove Estates Phase 3 The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION 1. Access to the property is the most significant issue related to this zoning change request. It appears that the Commissioners Court abandoned Ross Downs Road in 1936. The ownership of the abandoned road is unclear. Documentation must be submitted to the City indicating the ownership of the property and/or how the applicant proposes to provide legal access to the site, i.e. an access easement granted by the owner. This issue must be adequately addressed before this case is presented to the Planning and Zoning Commission. ZONING EXHIBIT DRAWING 1. Depending upon the status of the abandoned roadway, some improvements will be required upon development of the property. At a minimum, the pavement would need to be improved to at least a fire lane standard and an access easement dedicated. A fire lane must be at least 24- feet wide with a concrete or asphalt paved surface. 2. The zoning exhibit does not indicate if the development will be subdivided into individual lots. If separate lots will be sold, each lot must have frontage on a public street. The dedication of right-of-way and construction of a public street may be required depending upon the number of lots proposed in this development. The PUD-C zoning district requires a minimum lot size of7,200 square feet, with a minimum lot width of70 feet. 3. The Land Development Code requires a 20-foot wide landscaped buffer between commercial and residential properties. The landscape buffer shown in the exhibit must be extended to include the proposed automotive repair area in the northeast comer of the property. The landscaped buffer must contain evergreen plant matelial planted on G-foot centers. P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE Z-02-034 BUSINESS AND TECHNOLOGY CENTER NORTH 4. The zoning exhibit indicates a proposed 8-foot tall screening fence on the common property line with the residential properties. Indicate on the plan what type of fence is proposed. 5. The Land Development Code requires that commercial lots provide at least 20% of the lot area as a landscaped area. This requirement will be evaluated upon submittal and review of site plan applications for the property. 6. A secondary entrance from the access road is required between the automotive repair building and the Great American Pastimes building. Show the driveway on the exhibit. 7. The ordinance submitted to the Planning and Zoning Commission will include as allowed land uses those uses in the CCl and ML zoning districts, and automotive repair and service with outside storage. Please advise if additional uses that may not be allowed in the proposed zoning districts are intended to be included for consideration. 8. It is recommended that the applicant review the location and availability of water and sanitary sewer lines in the area. The construction of additional utility lines may be required for this development. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. SEWER $790 per 1,000 square feet gross floor area for GENERAL OFFICE uses. $773 per 1,000 square feet gross floor area for SPECIALTY RETAIL CENTER uses. $1,157 per 1,000 square feet b'TOSS floor area for GENERAL LIGHT INDUSTRIAL uses. Actual fee depends on specific use of the property. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property since the property does not have frontage on an existing public street or right-of-way. Right-of-way dedication and street construction may be required depending upon specific development plans for the property relative to the abandoned roadway. 3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the subdivision plat. The fee for non-residential uses is $800 per acre. An assessment of parkland dedication fees will be provided upon the review of the final plat. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE Z-02.Q34 BUSINESS AND TECHNOLOGY CENTER NORTH 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. The sidewalks must be at least 4- feet wide. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, December 2,2002,7:00 p.m. Tuesday, December 17, 2002 and January 7, 2003, 7:30 p.m. RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived · 22 folded copies of the revised Zoning Exhibit drawing · one 8Yz" x 11" reduced copy of the revised exhibit The revised drawings must be submitted no later than Friday, November 22, 2002 in order to make the scheduled hearings. Please contact me at husbandc@ci.colleyvilJe.tx.us or 817-577- 7587 if you have any questions. c: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBLIC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE 3 OF 3 Schwob & Sage Building Corp. 2349 Glenda Lane Dallas, TX 75229 J ames Bowden 6516 Colleyville Blvd. Colleyville, TX 76034 Harold & Kathy Wilson 211 Meadow Lark Duncanville, TX 75137 Arroyo Norte Ltd. 6600 Colleyville Blvd. Colleyville, TX 76034 Neil & Sherrie Hart 6703 Colleyville Blvd. Colleyville, TX 76034 America's Storage 2911 Turtle Creek Blvd., Ste 700 Dallas, TX 75219 Mary & Michael Moan P.O. Box 801 Colleyville, TX 76034 G S & Deann Preston 6604 Baker Court Colleyville, TX 76034 David & Clara Green 6610 Baker Court Colleyville, TX 76034 Jas W & Angela Graham, III 6616 McMakin Court Colleyville, TX 76034 Schwob Construction Group 190 Spruce Drive Durango, CO 81301 Tres Rosa Ltd. 6516 Colleyville Boulevard Colleyville, TX 76034 Neil & Sherrie Hart 1600 Glade Road Colleyville, TX 76034 Conbined Enterprises, Inc. 5601 Normandy Drive Colleyville, TX 76034 Sun Valley Properties 5301 Sun Valley Drive Fort Worth, TX 76119 Antionetta Mooney 404 Oak Valley Drive Colleyville, TX 76034 Kenneth Green 6620 Colleyville Blvd., #A Colleyville, TX 76034 Richard & Sharon Rucker Attn: Richard Rucker 6705 Colleyville Blvd. Colleyville, TX 76034 J ames Eklund 3005 Columbine Drive Grapevine, TX 76051 James & Marilyn Helzer 8110 Russell Curry Road Arlington, TX 76001 C. W. Davidson 405 Shenandoa Drive Burleson, TX 76028 Kevin Kim 2000 Tarrant Lane Colleyville, TX 76034 Michael & Gayle Biggers 2004 Tarrant Lane Colleyville, TX 76034 Efren & Maria Pabon 6602 Baker Court Colleyville, TX 76034 Patrick & Ramona O'Hanlon 6606 Baker Court Colleyville, TX 76034 Kenneth & Judy McEntire 6608 Baker Court Colleyville, TX 76034 Donald & Sally Pryor 6612 McMakin Court Colleyville, TX 76034 Thomas & Terri Ginavan 6614 McMakin Court Colleyville, TX 76034 Gary & Becky Anderson 6618 McMakin Court Colleyville, TX 76034 Donald & Susan Cook 6620 McMakin Court Colleyville, TX 76034 W Clyde & Lavonne Sheker 6700 Kennedy Drive Colleyville, TX 76034 James & Bemes Eklund 3005 Columbine Drive Grapevine, TX 76051 Complementary Copy to: Ross Downs HOA Dave Dudziak 2301 Wilkes Ct. Colleyville, TX 76034 Case Z-02-03. (Notices dated: November 20,2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the (33) parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development COde..l1- Jan Levy ~.. If Planning & Zoning Assistant ORDINANCE 0-03-1385 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 4.268 ACRES OUT OF THE A.J. LOTT SURVEY, ABSTRACT 963, FROM THE AG AGRICULTURAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by the D. Young Company on November 4,2002, under Case No. Z-02-034; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown on attached Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for general office, retail, office- warehouse land uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-03-1385 Page 2 of 5 2. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within this Planned Unit Development. (1) Uses allowed in the CC1 Village Retail zoning district (2) Uses allowed in the ML Light Manufacturing zoning district (3) One (1) automotive repair and service facility with outside storage, located at least one hundred eighty (180) feet from any residential property line (4) Office-Warehouses b. The following land uses shall be prohibited within this Planned Unit Development. (1) Building material sales with outside storage (2) Bus or train passenger terminals (3) Railroad or motor freight terminals (4) Transportation vehicle storage yards or garages (5) Veterinarian clinics with outside kennels 3. CONCEPTUAL SITE PLANS AND PLATTING a. The locations of buildings and land uses shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall not be considered the preliminary plat. The actual arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The arrangement, location and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "C" and will be determined at time of site plan approval. However, the combined total square footage of all buildings shall not exceed fifty two thousand fifty square feet (52,050), which may be in one or more buildings, provided that any large commercial building shall comply with any additional requirements of the Land Development Code. c. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. Ordinance 0-03-1385 Page 3 of 5 4. LOT REQUIREMENTS AND SETBACKS The lot requirements and setbacks shall the following minimum standards: a. Minimum Lot Size b. Front Building Line c. Side Building Line d. Rear Building Line e. Maximum Building Height none 40 feet none (25' abutting residential) none (25' abutting residential) 35 feet 5. OPEN SPACE AND LANDSCAPING a. Each building site shall comply with the minimum landscaping and buffering requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. The common open space may be utilized for storm water detention purposes. 6. FENCING a. The developer shall construct an eight (8) foot tall cedar fence where the lot abuts a residential lot. The fence shall be constructed prior to the issuance of a certificate of occupancy on any building on the lot. b. The required screening fence shall be constructed of one-inch (1 ") by six-inch (6") rough sawn cedar standard or better slats, a two-inch (2") by six-inch (6") rough sawn cedar cap rail, metal posts, and treated runners. The fence shall also provide a four- inch (4") by six-inch (6") concrete footer. The fence shall be installed with the smooth side facing the residential property. 7. LIGHTING a. Lighting on the buildings shall be shielded and designed to direct the light downward and away from adjacent residential properties. b. The luminance of the lighting on the buildings shall not exceed zero (0) lumens, as measured at the common property line adjacent to the single-family residential areas. 7. OTHER a. The architectural design score for all commercial buildings shall be a minimum of 30 points, as described in Chapter 6 of the Land Development Code. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-03-1385 Page 4 of 5 b. All buildings shall provide fire sprinkler systems and fire alarm systems, regardless of the size of the buildings. c. The location and width of all fire lanes shall be approved by the Fire Marshal. d. No outside commercial activities shall take place on the premises between the hours of 9:00 p.m. and 6:00 a.m. Said commercial activities shall include, but not be limited to, deliveries, loading and unloading of vehicles, and the operation of commercial or industrial equipment. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Ordinance 0-03-1385 Page 5 of 5 APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZONING MAP ~ I II - ML CC-2 -AG f- f- ~ ~ ~Uj-~ . ~ '''-I ~f<<Vff ~~"~l1o:.,. f1~ ~ -10$100e~\ . 1111 J R / V /1 \Q r "I~ r" L II ::::::::= \ I \ ~ T I -'~ ~ -.; -.J-I \ 5\ia :t ..iU"~~1 - --:: ~ ;/~ >=\ I ~ ~~ ~\4 ,I - ~-':== v1 l1li1 I \ ~rlT c-- ~ /1 ~ 0._0 ~ 11 ~_~_ :=Jr- f~ lbllri.o IJ ,-/Z 1 '" ,--- f- PUQ-C t-..T l" I ..... - f-- 0-99-1157.J Q.Q2-1335 j. .G 10.00-1211 ~IO u.p.".,,~ / -~, '::::r r i'il' G-02-1327 .,.......-' j"_1 0 F 11" /~ - -- - "J I... - --- fY'F- 1''''- I . ,~ ....,,., - (fl I-- see - ~r_. RIJ!Q I I . ,~~ -","" ~/ 0-95-10121 \ I~---, - ( ~H7 ~, ~11~2) - --r . I ~ - L J - - "~~ 7~rj U; - I ~ -ZU --4 / ./ r~ ---' 1 h gh(a ld I r.r~ ~ - """'..., ANn I EXHIBIT B - METES AND BOUNDS DESCRIPTION Being a tract of land out of the A.J. Lott Survey, Abstract No. 963, Tarrant County, Texas, and being the same tract of land as described in deed recorded in Volume 10003, Page 114, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a ~-inch iron pin found in the south line of Ross Downs Road for the northwest corner of tract being described, said point being the northwest corner of Lot 2, Block 1, C-D Subdivision, an Addition to the City of Colleyville, Tarrant County, Texas, and by deed being the northwest corner of a tract of land as described in deed recorded in Volume 5990, Page 188, Deed Records, Tarrant County, Texas; THENCE North 52 degrees 49 minutes 31 seconds East 784.49 feet (deed call North 52 degrees 14 minutes 20 seconds East 781.92 feet) along the easterly line of said Ross Downs Road to a capped iron pin set for the most northerly northwest corner of tract being described; THENCE South 89 degrees 34 minutes 33 seconds East 69.44 feet (deed call 76.28 feet) and continuing along the south line of said Ross Downs Road to a ~- inch iron pin found in the west line of Block 12, Ross Downs Estates II, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 799, Plat Records, Tarrant County, Texas, for the northeast corner of tract being described; THENCE South 01 degrees 32 minutes 00 seconds 478.92 feet (deed call 479.00 feet) along the west line of said Ross Downs Estates II to a ~ inch iron pin found for the southeast corner of tract being described, said point being the northeast corner of Lot 1 R, Block 2, Ponce Addition, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1642, Plat Records, Tarrant County, Texas; THENCE North 89 degrees 34 minutes 32 seconds West 707.35 feet (deed call West 707.26 feet) along the north line of said Block 2, Ponce Addition and the north line of said Lot 2, Block 1, C-D Subdivision to the POINT OF BEGINNING and containing 4.268 acres of land, more or less. EXHIBIT C - ZONING EXHIBIT -....... .....- . .- .f I ...'J&W. I · EXHIBIT C - ZONING EXHIBIT l::-' ~(b :s (j . (:0) ....:::: .0 ~ o 35' ~ W' W' MAIN ENTRANCE ~.( ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... CITY COUNCIL cirYor (rv~~tiJTI~ AGENDA BRIEFING ~\ G,I Il'.\ ;15 MEETING DATE: ITEM # : ORDINANCE # : 01/07/03 9 0-03-1386 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from AG to PUD-R Planned Unit Development Residential on 3.561 acres located at 414 W. McDonwel1 School Road, Case Z-02-028 First Reading and Public Hearing Backqround Linda and Frank Baker are the owners of 3.561 acres located on the north side of McDonwell School Road, immediately west of Fire Station NO.3. David Bagwell, with Broadland Limited Partnership, proposes to develop the property for single family residential uses. Mr. Bagwell has submitted a request to change the zoning on the property from AG Agricultural to PUD-R Planned Unit Development Residential. The subject property is 3.561 acres in size, and is currently developed as a single family residence with associated agricultural uses. The developer proposes to construct 8 single family lots, with a minimum lot size of 15,134 square feet and an average lot size of 16,000 square feet. The development is proposed to be a second phase of Westcliff Addition. The surrounding property is single-family residential in nature. Property to the south, across McDonwell School Road, is zoned R30 Single Family Residential and is developed as single- family residences. Property to the north is zoned PUD-R and is being developed as single family residences (Westcliff Addition). Property to the west is zoned PUD-R with a church building under construction. Property to the east is zoned AG and is the location of Fire Station NO.3. The proposed layout shows eight residential lots. The lots are located on the east side of Newkirk Lane. There is a 20-foot wide open space area along the east side of Newkirk Lane between the front property line of the lots and the street right-of-way; as shown, the lots do not have frontage on the public street. The developer is working with the Church of Jesus Christ Latter-Day Saints, who owns the 20-foot wide open space area, to possibly purchase the open space area or secure a blanket easement to allow the lots to front the street. While this issue has little effect on the zoning of the property, the developer will not be able to plat the lots until this issue is resolved. The following is an analysis of the major issues associated with this rezoning request. Agenda Briefing Ordinance 0-03-1386 Page 2 of 6 Master Plan. The Colleyville Master Plan indicates the future use of this area as single family residential. Given the location of the property and surrounding development, it is likely that the trend of single-family development will continue in this area. Density. When considered as a stand-alone project, the rezoning request and the proposed preliminary plat exceeds the recommended maximum residential density established by the Colleyville Master Plan. The Master Plan suggests a maximum density of 1.8 dwelling units per acre; the proposed density of this project is 2.25 dwelling units per acre. The proposed ordinance would allow the overall density of Westcliff to be calculated over this phase, Westcliff Phase I and Old Grove, which generally covers the entire PUD-R area originally approved in April 1999 (Ordinance 0-99-1153). When calculated over this larger area, the density of the Westcliff/Old Grove project is 1.66 dwelling units per acre. Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet, provided the average lot size is 16,000 square feet. This particular phase of Westcliff has an average lot size of 16,000 square feet. The proposed lots are 80 feet wide, and the PUD-R regulations require 100 foot width. The proposed ordinance establishes the required average lot size for Westcliff Phase II at 16,000 square feet, and a minimum lot width of 80 feet. The lot sizes and widths are consistent with the approved regulations of the Westcliff/Old Grove project area. If calculated over the Westcliff/Old Grove project area, the average lot size is 16,003 square feet. Open Space. The PUD-R regulations require that 20% of the land area be dedicated as open space for the use of the residents in the development. The open space also offsets the smaller lot sizes allowed in the PUD-R. This phase of the project provides 27,120 square feet of open space, which is 17.5% of the residential project area. When viewed within the limits of the overall project, the total open space provided in the Westcliff/Old Grove project area is 24.95 acres, or 24.3% of the total development. Preliminary Plat. The zoning exhibit for this request is also considered a preliminary plat. The preliminary plat review included general plans for streets, water, sewer and drainage. There are no significant issues outstanding with the preliminary engineering plans. Sidewalks and Trails. The proposed ordinance will require the developer to construct a 5- foot wide sidewalk adjacent to the north side of McDonwell School Road. The proposed ordinance also allows the developer to escrow money in lieu of construction or construct a 10- foot wide trail at this location. The Church of Jesus Christ Latter-Day Saints church is responsible for the construction of a 10-foot wide hike and bike trail on the east side of Newkirk Lane. If the open space area is incorporated in the residential lots, the hike and bike trail should be built when the house is constructed on the lot. SPECIAL CONDITIONS As part of the application, the developer submitted a proposed set of special conditions for the project. The conditions ultimately become part of the PUD-R ordinance for the property, as do Agenda Briefing Ordinance 0-03-1386 Page 3 of 6 any conditions required by the Planning and Zoning Commission or City Council. A copy of the proposed conditions from the developer is attached. The proposed ordinance incorporates many of the special conditions, but does not include all conditions. There are several conditions that are inappropriate for a zoning ordinance or are not necessary as they are already covered by the Land Development Code. The developer has requested that only the special conditions as submitted be included in the proposed ordinance. The following are comments on the conditions that are not included in the proposed ordinance. The developer requests that these conditions be included in the proposed ordinance. The language proposed by the developer is noted in italics. Platting & Phasinq This development shall be subject to all impact fees as of the date of approval hereof, unless those impact fees have been reduced at the time they are due for this development. Language related to impact fees is not included in the proposed ordinance as this item is already covered by the Land Development Code. Impact fees are assessed as of the date of approval of the final plat, as required by the Land Development Code and state statutes. The Planning and Zoning Commission recommended that this language be included in the proposed ordinance as follows: This development shall be subject to all impact fees as of the date of approval of the final plat. Streets and Sidewalks No sidewalks shall be required for lots within this development, except as provided below. Inclusion of language not requiring sidewalks depends upon the resolution of the access for the lots and whether each lot owner would be required to construct the sidewalk/trail on the individual lot. The owner of the most southern lot in Westcliff Phase /I shall build said sidewalk to the extent practical without any curve within the trail right-of-way that parallels McDonwell School Road prior to occupancy of a house thereon according to specifications provided in the Land Development Code as of the date of approval hereof. The original paragraph included requirements for construction of a 5-foot wide sidewalk on McDonwell School Road, and is included in the proposed ordinance with the exception of the above sentence. Since Lot 8 (the most southern lot) does not have frontage on McDonwell School Road due to the open space lot, the sidewalk should be constructed as part of the public improvements to the property. See Section 6 of the proposed ordinance. Agenda Briefing Ordinance 0-03-1386 Page 4 of 6 Drainaqe At the developer's election, pursuant to a grading plan acceptable to the City's Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. This section is not included in the proposed ordinance. Lot grading and lot drainage is a builder issue and should be addressed at the time the houses are constructed on the lots. Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e., drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent one to the other. This section is not included in the proposed ordinance. The City's drainage standards do not allow lot-to-Iot drainage to cross more than one lot before the water enters a permanent structure or street right-of-way. Water and Sanitary Sewer No water or sewer extensions are required to be made to adjacent property. This section is not included in the proposed ordinance. The looping of water lines or access to facilities may need to take place on adjacent property. Paragraph "b" of this section of the proposed special conditions suggests that off-site construction may be necessary, and this provision would conflict with that paragraph. Impact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future single family residential area. 2. Surrounding Properties. The surrounding properties are generally developed, with a mix of traditional neighborhoods and some single-family residences located on large acreage tracts. There is a church under construction to the west, and an existing fire station is located to the east. 3. Development Trends. The long-term trend for this area is single-family development. Property in the area is generally suitable for that type of development. Agenda Briefing Ordinance 0-03-1386 Page 5 of 6 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. The developer is responsible for the extension of water and sewer service lines to the individual lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcels that make up the 3.561-acre tract are valued at $125,400. The estimated City property tax revenue for the undeveloped property is $435 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the seven proposed residences would add 67 vehicle trips per day to the surrounding roadways. 7. Public Notification. Staff mailed notices to eight adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The proposed development contains less than four acres of proposed single family development, and is intended to be a phase in the overall Westcliff/Old Grove subdivision. Though the stand-alone project does not meet all the technical requirements of the PUD-R district, the project is consistent with the standards and requirements of the overall Westcliff/Old Grove project. It is staff's opinion that Westcliff Phase II should be evaluated as a part of the overall project. Given the existing conditions and configuration of the property, development alternatives are limited. The developer has made a good faith effort to design this project in a consistent manner with the surrounding larger development. The Planning and Zoning Commission conducted public hearings and considered this request at the December 16, 2002, meeting. The Commission recommended approval by a unanimous vote, subject to the following language being added to the proposed ordinance: This development shall be subject to all impact fees as of the date of approval of the final plat. Recommendation Approval Attachments · Location and Zoning Map · Zoning Exhibit · Information from Applicant · List of Property Owners Notified · DRC Review Memorandum Agenda Briefing Ordinance 0-03-1386 Page 6 of 6 · Developer Correspondence · Ordinance 0-03-1386 1::1 -I ~ ~ ~~~ w ~ ~ I I <.,\ , -l ::::! . :J a t:'7 I It) :l :;: :;) ~ L.~ ~ -- -'-'~ ,r.. - q: -~1~ = ~ ~ ... ~ C= I I ., I ~ ~ I~ fi ~~ p~' ~ t1 \. 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"0 .~ ~:~ ~~~ ;~; :~~ ~c ~:i !H ~~ E~: cO ,w' U _ N 'O{]~ ~;;~ j~~ ~~ ~ o 0 m :li ~i! ~~~ ~i I!;I .:.c:~ t::.... ~g~ ;~ WESTCLIFF PHASE II PUD-R ZONING REQUEST: Special Conditions 1. PERMITTED USES The PUD-R shall have two (2) land uses as indicated on the Zoning Exhibit: a. Single family dwelling units b. Open space 2. PLAmNG & PHASING a. The conceptual site plan attached as Exhibit "CIf shall be considered the preliminary plat. When presented, a final plat generally consistent with Exhibit "elf shall be approved, provided that it meets the requirements of the Land Development Code that were in effect at the time of approval hereof and have not been modified herein. In the event of conflict between the Special Conditions of this PUD-R zoning and the Colleyville Land Development Code, the Special Conditions of this PUD-R zoning shall prevail. At the option of the applicant for final plat approval, the lot and open space configuration of the final plat may differ from that shown on the preliminary plat, except that there may be no more than eight (8) lots, the width of lots may not be less than eighty feet (80') at the front building line, the average lot depth of all lots shall not be less than 140 feet, all lots shall face to the west or the northwest, and the north-south dimension of the open space the parallels McDonwell School Road (the trail right-of-way) shall not be less than twenty feet (20'). b. This development shall be subject to all impact fees as of the date of approval hereof, unless those impact fees have been reduced at the time they are due for this development. 3. DENSITY The average residential density is pennitted to be 1.8 dwelling units per acre oyer the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. 4. STREETS AND SIDEWALKS a. No sidewalks shall be required for lots within this development, except as provided below. b. The provisions of the Colleyville Pathways Plan shall apply to Westcliff Phase II only with respect to a five foot (5') wide sidewalk parallel to McDonwell School Road extending the width of Westcliff Phase II from east to west. The owner of the most southern lot in Westcliff Phase II shall build said sidewalk to the extent practical without any curve within the trial right-of-way that parallels McDonwell School Road prior to occupancy of a house thereon according to specifications provided in the Land Development Code as of the date of approval hereof. Or, prior thereto, at the option of the developer, a concrete trail ten feet (10') wide may be built by developer in lieu of said sidewalk, provided that it connects (or will connect) at each end to a trail of the same width and otherwise complies with the specifications for concrete trails in the Colleyville Pathways Plan as of the date of approval hereof. 5. DRAINAGE a. All drainage facilities shall be designed and constructed in accordance with the Land Development Code. b. It shall not be the responsibility of the developer to improve any off-site drainage structures or any other public facilities. c. At developer's election, pursuant to a grading plan acceptable to the City's Engineer, only one Side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. d. Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, Le. drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent one to the other. e. Drainage from portions of the development is permitted to sheet flow from west to east onto City property. 6. WATER AND SANITARY SEWER a. No water or sewer extensions are required to be made to adjacent property. b. If sanitary sewer installation to serve the development is necessary across City property, the City shall cooperate in all regards, provided that no less than twenty feet (20') of the drive surface of any street or driveway pavement shall be left passable at all times during sanitary sewer connection. 7. LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Zoning Regulations and Subdivision Regulations, except where amended by this ordinance, including all exhibits hereto. b. The minimum lot size shall be 13,000 square feet. The average lot size of all residential lots shall not be less than 16,000 square feet over the combined acreage of Westdiff Phase I, Old Grove and Westcliff Phase II. c. Open space, including any trail rights-of-way, shall not be less than twenty percent (200/0) over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. WEsrcUFF PHASE U PUD-R ZONING REQUEST: Statement of Planning Objectives a. Statement of Utilities to be Provided I. PLANNING OBJECTIVES The size and dimensions of the Westcliff Phase IT property and its relationship to surrounding land suggests both PUD-R zoning and the Special Conditions proposed, namely: 1. flexibility within the City's PUD-R to create different lot sizes which meet the demands of the housing market and accommodate conditions of the site, e.g. the site is too narrow east to west for a conventional 20,000 s.f. development with lots on either side of a double loaded street, and provisions for vehicular traffic require compromise in lot size and dimensions to produce buildable lots in an attractive neighborhood environment; 2. provision of trail right-of-way along McDonwell School is accommodated by PUD-R zoning; 3. the 27 acre McPherson Park site adjacent to the property inposes significant burdens on the Westcliff Phase IT land, e.g. vehicular traffic to and from the City's maintenance facility along the lane behind (east of) the lots. Therefore, the applicant seeks resolution of basic economic and planning issues for the Westmont Phase IT property, such as improvements required, lot size, lot dimensions and maximum number of units allowable. The Westcliff Phase IT zoning request has been tailored to fit the Cityts PUD-R ordinance and PUD-R zoning previously approved for Westcliff Phase I and Old Grove. The applicant anticipates that in deliberating its zoning request the community will thoughtfully consider alternative uses and configurations of the property. II. UTILITlES TO BE PROVIDED Utilities necessary for the development will be provided from adjacent or nearby sources of water and sanitary sewer. Church of Jesus Christ LDS 50 E. North Temple, FL 12 Salt Lake City, DT 84150 David Dacke 321 W. McDonwell School Road Colleyville, TX 76034 Henry Wells 413 W. McDonwell School Road Colleyville, TX 76034 Glenwood Heights Dev. Corp 8222 Douglas Ave., Ste 605 Dallas, TX 75225 Andrew Brownlow 317 W. McDonwell School Road Colleyville, TX 76034 Frank & Linda Baker, III 404 W. McDonwell School Road Colleyville, TX 76034 City of Colleyville Stephen & Beatriz Byers P.O. Box 532 Colleyville, TX 76034 Broadland Limited Partnership 8222 Douglas Avenue, Ste. 605 Dallas, TX 75225 Case Z-02-028 (Notices dated: November 26,2002) According to the last published Tax Record. individuals who own property that is within the 200' of the proposed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan LeVy/r- Planning ';.aoning Assistant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE December 2, 2002 " FAX TO FAX NO FROM Eddie Eckert, PE ~ David Bagwell ~ Linda & Frank Baker 817-446-3116 ~ 214-369-7740 ~ via mail Clayton Husband, AICP, Community Development Manager SUBJECT Z-02-028 AG to PUDR - WestcliffPhase II (resubmittal) The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. ZONING EXHIBIT DRAWING 1. The residential lots in the proposed development do not have frontage on Newkirk Lane due to the open space lot adjacent to the road. How will the lots be provided access and frontage on the street? Will the open space lot be eliminated and the property incorporated into the residential lots? 2. Provide a dimension for the width of the open space lot (Lot 8X) on the east side of the property. 3. The right-of-way for McDonwell School Road needs to be verified when the final plat is submitted. Tie down the existing right-of-way with monuments on the opposite side of the street. The required right-of-way established for this roadway by Master Thoroughfare Plan is 75 feet. The required right-of-way dedication along the frontage of the property is 37.S-feet from the centerline ofthe existing right-of-way. PROPOSED SPECIAL CONDITIONS The following comments from the DRC address the Special Conditions proposed by the applicant. A proposed ordinance is attached, which incorporates most of these provisions. The language in the ordinance may or may not be the same as proposed due to the use of standard ordinance language and reorganization of several items. Any suggested changes to the ordinance by the developer will be noted in the briefing to the Planning and Zoning Commission and City Council. The developer response letter should indicate the suggested changes to the ordinance. The developer may request that the Planning and P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE Z-02-028 WESTCLlFF II PUD-R Zoning Commission and City Council include any or all proposed special conditions in the ordinance. Permitted Uses. The uses indicated are included in the ordinance. Platting & Phasing. a. Generally included in the ordinance. The second sentence is covered in the general statement in Section 1. Lot requirements and setbacks are included in Section 3. b. Language related to impact fees is not included in the ordinance as this item is already covered by the Land Development Code. Impact fees are assessed as of the date of approval of the final plat, as required by the Land Development Code. Density Language is included in the ordinance in section 5. Streets and Sidewalks a. Inclusion of language not requiring sidewalks depends upon the resolution of the access for the lots and whether each lot owner would be required to construct the sidewalk/trail on the individual lot. b. This language is included in the ordinance, with the exception of the party required to construct the sidewalk. Since Lot 8 does not have frontage on McDonwell School Road due to the open space lot, the sidewalk should be constructed as part of the public improvements to the property. See Section 6 of the attached ordinance. The language is the same as initially proposed by the developer in this zoning case. Drainage a. Included in the ordinance. b. Included in the ordinance. Specific plans for drainage improvements have not been submitted or reviewed. These plans should be designed so that the improvement of off-site areas is not required. c. Not included in the ordinance. This issue is a builder issue and should be addressed at the time the houses are constructed on the lots. d. Not included in the ordinance. The City's drainage standards do not allow 10t-to-10t drainage to cross more than one lot before the water enters a permanent structure or street right-of-way. See Section 14.14.M of the Land Development Code. e. Included in the ordinance. PAGE 2 OF 4 DEVELOPMENT REVIEW COMMITTEE Z-02-028 WESTCLlFF II PUD-R Water and Sanitary Sewer a. Not included in the ordinance. The looping of water lines or access to facilities may need to take place on adjacent property. Paragraph "b" of this section suggests that off-site construction may be necessary, and this provision would conflict with that paragraph. b. Included in the ordinance with modified language. Lot Requirements and Setbacks a. A general statement is included in the ordinance. See Section 1. b. Included in the ordinance. See Section 3. c. Included in the ordinance. See Section 4. TREE PRESERVATION 1. Trees not located within the right-of-way must be preserved during the construction of the subdivision. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence or other similar fencing with a four-foot (4') approximate height. The fencing must remain in place during the entire construction period. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. SEWER $1,589 per dwelling unit for SINGLE FAMILY uses. Actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since McDonwell School Road is considered an unimproved street and the plat contains more than one residential lot. The owner is required to construct one-half of the streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. The response letter to these comments shall indicate the developer's initial intention of construction or escrow regarding these streets. PAGE 3 OF 4 DEVELOPMENT REVIEW COMMITTEE Z-02-028 WESTCLlFF II PUD-R 3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the subdivision plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon the review ofthe final plat. 4. SIDEWALKS. The Land Development Code requires sidewalks along all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. 5. HIKE AND BIKE TRAILS - COLLEYVILLE PATHWAYS PLAN. The Colleyville Pathways Plan and Land Development Code require the construction of a 5- foot wide sidewalk along McDonwell School Road. This sidewalk must be constructed as part of the public improvements for this property as it is not adjacent to a residential lot. It is the ORe's understanding that the construction of the hike and bike trail adjacent to Lots 1 and 2 and open space lot IX will be a part ofthe WestcliffI development, pursuant to a City-Developer Agreement under discussion by the City Council. Please advise if this is correct. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, December 16,2002,7:00 p.m. Tuesday, January 07 and January 21,2003, 7:30 p.m. RESUBMllT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: . a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived 22 folded copies of the revised Zoning Exhibit drawing one 8W' x 11" reduced copy ofthe revised exhibit . . The revised drawings must be submitted no later than Wednesday, December 11, 2002 in order to make the scheduled hearings. Please contact me at husbandc(a~ci.colleyville.tx.us or 817-577- 7587 if you have any questions. C: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBLIC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE 4 OF 4 Tuesday, December 03, 2002 1 :08 PM Dale Crane 817.251.9077 p01 Broadland Limited Partnership 8222 Douglas Ave., #605 Dallas, TeXI111 75225 TO: !vir. Clayton H\l!:lband, AICP Conununity Development Manager City of Colleyville via fax #817.577.7564 FROM: Dale Crane (direct line 817,481.3052; fax 817.251.9077) DATE: December 3,2003 RE: 2-02.028 AG to PUD-R-WcstcliffPhasc II (re.submittal) Clayton: Thill memo is intended to address the DRC's question about access to the proposed lots and frontage on Newkirk Lane, The twenty foot ~1rip of open space land along the enst side of Newkirk is presently owned by the LDS Church. I have had disc\lssiolls with Chllrch representativell, both local and ill Arizona. about tIus situation. Ollr proposal has been forwarded to the appropriate official at the Church's headquarters in Salt Lake City. I hope to have a resol\ltion oftIull issue by the December 16, 2002, meeting oftI1e P&Z, but tbe decision- Olllking apparat1.1s of the Chllroh may tllke longer thallI antioipate. In disC1.Issing this with the Church, we have sugge~1ed obtaining either fee title to the strip or an easement allowing for the placement of driveways. If we obtain title to the ~1rip, it could be incorporated into tile residential lots, or it could possibly be maintained as open space, with an easement for driveways. Do you have a preference? I will keep you infomlcd of tile progress with the Church. Plea!:le let me know if YO'll have any questions or suggc~1ion!j. cc: D. Bagwell, via fax cc: E. Eckart. via fax #817-446-3116 cc: Linda &. Trip Baker via US mail 12/05/2002 16:48 8172749724 HILL GILSTRAP PAGE 02/03 HILL GILSTRAP A PROFESSIONAL COFlPORA"r.ON ATTORNr;:y~ AT ~AW NOAHB. WBBSlEk '400 WE~T AI!I!U.M STRI!:ET ARLINGTON. TEXAS 7501:a TEl. S17.Z51.ZZZZ FAX s' 7-Z7 4.97 24 CIolICA~O eUITg 1050 SOS WEST MADISON CHICAGO. ll..l..JN01S 6()60Ei :s' 2.e:5~t{>~o ~ITTL.E ROCK .U'I INFQRMATlON WAY SUITE ZOO l.rrn.E FlOCK. ARKANSAS 7Z20:1. so [ -eo:s-eooo December 5, 2002 Via Facsimile (817) 577-7555 Mr_ Bill Lindley 5400 Bransford Road Colleyvill~ TX 76034 Re: Zoning Case Z-02-028 AG2PUDR - WestcliffPhase 2 (resubmittal) Dear Mr. Lindley: On behalf of our clients, Broadland Limited Partnership, the applicants in the afore- referenced matter, we would voice our objection concerning the City's procedure in submitting our request for rezoning to the Planning and Zoning Commission and to the City CounciL Specifically, planning staff has informed our clients that it intends to submit an ordinance to the Planning and Zoning Commission and the City Council concerning this request that has not been sought by the applicant, and further contains matters to which the applicant has not and will not agree. Specifically, in reviewing the fourth paragraph of ~3 .23.b of the Land Development Code of the City of Colleyville, it is apparent that requests for zoning to plan unit developments are to be initiated by property owners and are not intended to be initiated by the City or City staff: In accordance with those provisions it is our belief that while the City Council may deny a landowner's request for PUD zoning on his property, the City Council may not impose as a part ofan ordinance provisions to which the owner of the property does not agree and which he has not requested. As has occurred in the past, a request for PUD has been submitted. however, City staff drafts an ordinance incorporating its recommendations. We believe the more appropriate approach would be to present the ordinance exactly as requested by the applicant. If any changes to that request are required by the City Council that the applicant does not accept, the City Council should either approve such ordinance as requested by the applicant without change or deny it. However, the City Council should not approve an ordinance not proposed by the applicant. 12/05/2002 16:48 8172749724 HILL GILSTRAP PAGE 03/03 Mr. Bill Lindley December 5. 2002 - PaRe 2 Thank. you for your consideration in this mattcl". Sincerely, ~~ Ned Webster NEW/ar c. Colleyville Planning Department (817) 577-7564 DAVID BAG\VELL COlVIJPANY December 6, 2002 Clayton Husband, AICP Development Coordinator City of Colleyville P.O. Box 185 CotleyviUe, TX 76034 Dear Clayton: With respect to Z-02-028 AG to PUDR - Westdiff Phase n (resubmittal), I beUeve my partner Dale Crane has responded to item 1. of the ORe comments regarding the Zonjng Exhibit Drawing, and 1 believe Eddie Eckart has responded to various technical questions raised. In addition, my attorney Ned Webster has been in touch with the Oty Manager about what we believe 1s the highly objectionable legal error committed by the Oty Staff rewriting our PUOR zoning request to suit the Oty Staff's preferences, while advising us that we may request the P & Z and CounciJ to approve instead what we requested to begin with*. Whether, as we believe, the aty Staff errs legally m usurping our zoning application rights, we want our zoning application to be voted up or down rather than zoning we didn't request -- and can't use -- being voted on. I am writing you about the only other ORe issue that I understand requires a response, which is that, if our zon.ing application is approved, we intend to construct the portion of McDonweU Schoo1 Road that CoUeyvi11e's ordinances require rather than escrow money for the same purpose, Please let me know if you need anything further from us in these regards. ( cc: Eddie Eckart, P.E, * "The developer may request that the Planning and ZOning Commission and Oty CounCIl include any or all proposed spec1aJ conditions in the ordinance." COMMUNITY DEVELOPMENT 8222 DOUGLAS AVE. SerTE 605 DALLAS. TEXAS 75225 214368-7711 M FTRO 81 7 ')40- 'i 'i00 FAX 214 368-7740 ORDINANCE 0-03-1386 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 3.561 ACRE TRACT OF LAND OUT OF THE D.J. BEDDO SURVEY, ABSTRACT 232, 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; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Broadland Limited Partnership for Linda and Frank Baker on October 11, 2002, under Case No. Z-02-028; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-03-1386 Page 2 of 4 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (1) Minimum Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line (6) Rear Building Line 13,000 square feet 80 feet 120 feet 25 feet 1 0 feet 25 feet b. The average lot size 16,000 square feet and shall be calculated over the combined acreage of Westcliff Phase I, Old Grove, and Westcliff Phase II. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of twenty percent (20%) of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall be calculated over the combined acreage of Westcliff Phase I, Old Grove, and Westcliff Phase II. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. 5. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate physical, topographic, drainage or other conditions. Ordinance 0-03-1386 Page 3 of 4 b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. In approving the final plat, the approving body shall exercise reasonable discretion with respect to changes from the Preliminary Plat in roadway design, lot sizes, lot shape, building line, setback lines, open space and all other aspects of the plat. c. The average residential density is permitted to be 1.8 dwelling units per acre over the combined acreage of Westcliff Phase I, Old Grove, and Westcliff Phase II. 6. STREETS AND SIDEWALKS a. The provisions of the Colleyville Pathways Plan shall apply to Westcliff Phase II only with respect to a five-foot (5') wide sidewalk parallel to McDonwell School Road, extending the width of Westcliff Phase II from east to west. The developer shall construct the sidewalk in a twenty-foot (20') wide trail right- of-way adjacent to the north right-of-way line of McDonwell School Road. The developer may escrow with the City an amount of money acceptable to the Director of Public Works for the construction of said five-foot (5') wide sidewalk in lieu of actual construction. The developer may construct, in lieu of said sidewalk, a ten-foot (10') wide hike and bike trail at the same location, provided the trail connects to a trail of the same width at each end. b. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 7. DRAINAGE a. All drainage facilities shall be designed and constructed in accordance with the requirements of the Land Development Code. b. It shall not be the responsibility of the developer to improve any off-site drainage structures or any other public facilities. c. Drainage from portions of the development is permitted to sheet flow from west to east onto City property. 8. OTHER a. If sanitary sewer installation to serve the development is necessary across City property, a minimum of twenty (20) feet Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-03-1386 Page 4 of 4 of the drive surface of any street or driveway pavement shall remain passable to vehicles at all times during sanitary sewer construction. b. This development shall be subject to all impact fees as of the date of approval of the final plat. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZONING MAP AG !~. ' n' ,~r- ;-'1'" . . ' i i.. J t..-. ~~,..-. ...... , '5f1'E i 4 I i A~ -----i f'."(e '2J\o. , PlID-R __ .L- ! 0-0,1-12861 I I I I, R-40 , ~_.- c '1 l' (J.~ EXHIBIT B - METES AND BOUNDS DESCRIPTION BEING a 3.561 acre tract of land in the D.J. Beddo Survey, Abstract No. 232, situated in the City of Colleyville, Tarrant County, Texas and being that tract conveyed to Linda S. Baker and Husband, Frank D. Baker, by deed recorded in Volume 12408 Page 1954 of the Deed Records of Tarrant County, Texas (DRTCT) and a portion of that tract conveyed to Broadland Limited Partnership by deed, and being more particularly described as follows: BEGINNING at a 1-inch iron pin found at the southeast corner of said Baker tract, said iron pin also being on the north right-of-way line of McDonwel1 School Road (variable width right-of-way); THENCE North 89 degrees 31 minutes 39 seconds West along the said north right-of- way line of McDonwell School Road, a distance of 230.85 feet to a Y2-inch iron pin found, said iron pin also being the southwest corner of said Baker tract; THENCE North 00 degrees 28 minutes 21 seconds East a distance of 522.41 feet to a Y2-inch iron pin found, said iron pin being the northwest corner of said Baker tract, said iron pin also being on the south line of said Broadland Limited Partnership tract; THENCE North 89 degrees 55 minutes 29 seconds East along the north line of said Baker tract and the south line of said Broadland Limited Partnership tract, a distance of 10.59 feet to a Y2-inch iron pin found, said iron pin also being the Point of Curvature of a non=tangent circular curve to the right having a radius of 260.00 feet, a central angle of 29 degrees 03 minutes 21 seconds and being subtended by a chord which bears North 31 degrees 24 minutes 27 seconds East 130.44 feet; THENCE northerly and northeasterly along said curve to the right a distance of 131.85 feet to a Y2-inch iron rod found; THENCE North 45 degrees 56 minutes 07 seconds East tangent to said curve, a distance of 93.54 feet to a Y2-inch iron pin found, said iron pin also being the Point of Curvature of a circular curve to the left having a radius of 340.00 feet, a central angle of 28 degrees 22 minutes 48 seconds and being subtended by a chord which bears North 31 degrees 44 minutes 43 seconds East 166.69 feet; THENCE northeasterly and northerly along said curve to the left a distance of 168.41 feet to a Y2-inch iron pin found, said iron pin being on the east line of said Broadland Limited Partnership tract; THENCE South 00 degrees 28 minutes 21 seconds West along the east line of said Broadland Limited Partnership tract and the east line of said Baker tract, a distance of 842.48 feet to the Point of Beginning and containing 155,113 square feet or 3.561 acres of land, more or less. EXHIBIT C -CONCEPTUAL SITE PLAN \0 I ., I I I J I f I J : I . . I , r --t _ t " lli of' J .:. 1 .".... : .../ .11 :' ~ -.:i1 ~ & <<1)\- I" 3l: 1 · l&, ! 1 N It) : f~ ~ ; "Jll~. '.\,~ ,~ it.ll .ce~ ~ "1;.."..~ ~1Il. ' j." 0.:1 t..;. 'b: ..-.: . ; . . . . ., -f . . . It. . t ','.: ,@) V) ~ . !i ..., ~ .. ~.i,.~.tl.. .OQl' ~ 1 ~ .99 . O€c~~'GE .~E.69N. .J. ~ :.:'Jt=~ft[;fts~ - Cl) 'Of (\I 'Of in f : f" I : I J it- '1 'I : en ' C\I' .~ IC1 ~\O mr' 21 .tx;!z !i .OQZ I I I I I I It.. J-,J lCI .oor:: \i ~ C tI.l CITY COUNCIL city O{ CC~~il'" AGENDA BRIEFING Il'X":=; MEETING DATE: I ITEM # : ORDINANCE # : 01/07/03 10 0-03-1387 CITY MANAGER : DEPARTMENT HEAD '%~ FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of an amendment to the PUD-R (0-02- 1364) for Lonesome Dove Estates Phase 3, 19.405 acres located on the south side of LD. Lockett Road near Precinct Line Road, Case Z-02-035 First Reading and Public Hearing Backqround Stinson Development Corporation and Mid-Cities Church are the owners of 19.405 acres of land located on the south side of L.D. Lockett Road, just east of Precinct Line Road. The property is currently zoned PUD-R, and the owners have applied for an amendment to the zoning regulations for the property. The PUD-R zoning for this property was approved by the City Council on September 17,2002, by Ordinance 0-02-1364. The approved ordinance for this property allows the development of 31 single family residential lots, and allows the development of office uses along L.D. Lockett Road. The owners propose to amend the existing PUD-R by removing the office uses and making the entire project a single family residential development. The proposed change would remove the 1.4-acre non-residential lot and redesign the subdivision for single family residential development. The number of lots increases from 31 lots to 34 lots, averaging 16,004 square feet in area. The standards proposed by the developer would require the construction of a 6-foot tall ornamental iron fence along the rear of the lots adjacent to LD. Lockett Road. The following is an analysis of the major issues associated with this rezoning request. Master Plan. Upon the adoption of the zoning for this property, the Colleyville Master Plan was amended to designate office and residential development for this area. During the development of the Plan in 1998, considerable time was spent evaluating the location of future commercial areas. Since the amount of commercial land in Colleyville is extremely low as a percentage of the overall development, one of the goals of the Master Plan is to increase the percentage of commercial land available for development in the future. The Precinct Line Road corridor was identified as a non-residential area, partly due to its relatively undeveloped status. Approval of the PUD-R rezoning request in September eliminated 17.9 acres of future commercial/office land from possible development in the future. Approval of this request would remove the remaining 1.4 acres available for office development on L.D. Lockett Road. Agenda Briefing Ordinance 0-03-~ 387 Page 2 of 3 Density and Lot Sizes. The proposed density of this rezoning request complies with the recommended maximum residential density called for in the Colleyville Master Plan, which calls for a maximum density of 1.8 dwelling units per acre. The proposed density of this project is 1.75 dwelling units per acre. The developer proposes a minimum lot size of 15,000 square feet, which is greater than the minimum PUD-R requirement of 13,000 square feet. The average lot size is 16,000 square feet. Open Space. The PUD-R regulations allow for lots as small as 13,000 square feet provided this is balanced with at least 20% of the property being dedicated as common open space. This project provides 3.88 acres of open space, which is 20% of the project area. A future city park area and water storage tank is proposed immediately to the east of this subdivision. The exhibit contains a note advising that the proposed baseball and softball fields in this park may be lighted in the future. Preliminary Plat. The zoning exhibit for this request is considered a preliminary plat. The developer's engineer submitted preliminary construction plans for streets, water, sewer and drainage. The are no outstanding items associated with the preliminary engineering plans. Number of Subdivision Entrances. The Land Development Code requires a subdivision containing more than 12 lots to provide a second entrance or emergency access drive. While this proposed layout has only one entrance on LD. Lockett Road, the subdivision is accessible from an existing development in Hurst. The proposed layout meets the requirements for subdivision entrances. Sidewalks and Trails. The Land Development Code requires sidewalks along L.D. Lockett Road and along all interior streets. A 5-foot wide sidewalk is required along L.D. Lockett Road, and the developer has indicated his initial intention to escrow funds for the future construction of this sidewalk. All internal sidewalks must be 4-feet wide and will be built with the construction of the houses on the lots. The construction of hike and bike trails is not required for this property. Impact Issues 1. Master Plan. The PUD-R ordinance for this project amended the Colleyville Master Plan to designate the future land use of this property as single family residential and office development. Since the request proposes to remove the office area, it is inconsistent with the adopted Plan. 2. Surrounding Properties. The surrounding properties are generally undeveloped, though there are some single-family residences located on large acreage tracts in the area. There is a convenience store and gas station located at the southeast corner of L.D.Lockett and Precinct Line Road, and a church located just south of the store. 3. Development Trends. There are no development trends established in this area, as most of the property is undeveloped. The most recent development is the convenience store and church, both located on Precinct Line Road. A zoning change for single family Agenda Briefing Ordinance 0-03-1387 Page 3 of 3 residential and office/retail uses was recently approved on the northeast corner of LD. Lockett Road and Precinct Line Road. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. The developer is responsible for the extension of water and sewer service lines to the individual lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the three tracts that make up the 19.405-acre tract are valued at $985,544. The estimated City property tax revenue for the land is $3,423 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 34 proposed residences would add 325 vehicle trips per day to the surrounding roadways. The 2001-2002 traffic counts indicate that 1,146 vehicles traveled LD.Lockett Road during a 24-hour period, though a date for this count is not known. During that same period, 15,280 vehicles traveled Precinct Line Road at the LD.Lockett Road intersection. 7. Public Notification. Staff mailed notices to 14 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted public hearings and considered this request at the December 2, 2002, meeting. The Commission recommended approval by a unanimous vote. Recommendation Denial, due to technical non-compliance with the Colleyville Master Plan Attachments · Location and Zoning Map · Zoning Exhibit · Information from Applicant · List of Property Owners Notified · DRC Review Memorandum · Developer Response Letter · Ordinance 0-03-1387 ~ !. I I I~ I I ... I ~ I I I I ! I !~I 'l.. ii . ii I'. I!! .. 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TR I 1.67 fR lZ '.02 AC ( I 2.17 It TR I x _51 AC TRACT A TR lAAIC lR 28 .710 II TR 2 JI.,2 AC 12B.12 lilll.ao Cil Location Map & Area of Notification CASE # Z-02-035 - An Amendment to the PUD (0-02-1364) .....- ....,......-- --...... i I I I Ii: tlI iit i 11111."" .. :m~~~~~ i I IJ% Ii" ,IIH !~I tin"iln . . . Iln illllllll I u.% iiil " ---T- ! } Hi I (~ I!. IU~ !I . r- !I~~ Iq i ~ ' , II~, I- I 5 ,~ , 5 · ...s: I . II ". "If JI 1~ J J J; J~ i IS:. J! I! ! II ~ & ~.~. ~'! J ~ . ~f i III II . ~ ! ~i ~i ~ ~il I ~ ! ~IJ n -,,;';:~~~j ~. ~ ;i.,~ ~ 1 I 11 11 1 II. 1 1 1 J1i :~i .~~~ -:}: I ~ B ijllb Ii i! i! ih H, i m ! i i! i~t , ,,~ i fi(lh I.. ~) .) ;11 hI B hU.. ~1 BII '. ~g--r;J . ~ II ~.s f~~ I' I' In Ih I l"i t I l' Id ;r;r--- it! i!1 I:; ii j~ m iH it i!!l ! h Ii m .. .t I:II}I .... ~..;i I 'I II. 1:1: I~i I tl 11i It-I! ;U:. ili; ! n e !,d ;~. 111'1 ~. 'ht · G I 'i!~. 11'11 Itti I I' II tll! !i'L · Ii S ! Uin iiil~I!~!!n PI il~I~;!!n ;m~! I h u'n II n i! i nf.. ~ ~;oo i:n nil ~1I J.' ~m n ~ ~i!.. ~I ~!I ~' ~~q ~ ~ ~'~' ~Iti ~i:q r.u ~I ,?Hf .~ ~I~" lll' ~ · e hll II :'rJ t ~ HI ~ ! 1!ID. ::0 I f Ih:m !i !t.:. II 1"1111 m I" hi :I I !I' Ii · ~! If ~I JI!I~o!J. 11111If"1 - 11~. ,.n II ~ ~ ~. li;!J~1 il!!!~~!~ t .., I ~ '='" N ! ."; I m~s I I~'~~ll~ I {IJ ~ tI. I ~il Illq a.E Ss Illii I'P i. ,i,IE~~ !I! III ! II:il~I'1 'II a~ I~'a I ;1 I I~' I.~~I E! 1'1 rl!1 ~ .., i;I..11 i. S P-!i!B I~~in -- ~% ~% r! ~I Il . &, I . "PUD-R ZONING AMENDMENT" LONESOME DOVE ESTATES PHASE 3 A "PUD-R" Planned Unit Development - Residential In the City of Colleyville, Texas INTRODUCTION Stinson Development Corporation, Inc., being the applicant, hereby requests an amendment to the existing PUD-R zoning (i.e. Ordinance 0-02-1364) for Lonesome Dove Estates Phase 3. This amendment is specifically to convert the approved CN (neighborhood commercial) zoning located along the frontage of L.D. Lockett Road to PUD-R (single family residential) zoning. Lonesome Dove Estates Phase 3 will then be developed as a thirty-four (34) lot single-family residential subdivision with three (3) common open space lots with an overall density of 1.75 lots/acre and an average lot size of 16,004 square feet. The total common open space within the subdivision will be 3.88 acres (20.0% of the residential site area). The residents within Lonesome Dove Estates Phase 3 will have access to the City ofColleyville public park area located immediately east ofthis proposed development. An 8-foot sidewalk will be constructed within the IS-foot pedestrian access, drainage and utility easement located on the common lot lines of lots 6 and 7, Block 3. The proposed planned unit development submitted herein does meet all technical standards for the City ofColleyville's PUR-D zoning district. OWNERSHIP The proposed PUD-R planned unit development is comprised of two (2) tracts of land currently owned by two separate property owners. The Stinson Development Corporation, Inc. currently owns the western tract of land (approximately 11.6 acres) bounded by Lot I, Block 1 Meadowlake subdivision to the west, the Lonesome Dove Estates Phase 2 subdivision to the south, the Mid-Cities Church, Inc. tract to the east and L.D. Lockett Road to the north. The Mid-Cities Church, Inc. currently owns the eastern tract of land (approximately 7.8 acres) bounded by the forementioned Stinson tract to the west and south, the City of Colleyville tract to the east and L.D. Lockett Road to the north. Once the PUD-R zoning amendment process has been completed, the Stinson Development Corporation, Inc. will purchase the Mid-Cities Church, Inc. tract and develop the entire Lonesome Dove Estates Phase 3 residential subdivision. amendmentDevelopment Plan.doc PROPOSED PUD-R DEVELOPMENT CONDITIONS The following development conditions shall be applicable within the Lonesome Dove Estates Phase 3 planned unit development: 1. General a. The purpose of this PUD-R is for single-family residential development, constructed at a density not to exceed a maximum of 1.8 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. Permitted lI!les a. Single family residences, detached. b. Open space. 3. Nnn-re!lidentialll!le!l, I.nt Reqllirement!l and Sethack!l a. None. 4. Re!lidentiall,nt Reqllirement!l and Sethack!l Residential lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size 15,000 square feet b. A verage Lot Size 16,004 square feet c. Minimum Lot Width 95 feet d. Minimum Lot Depth 120 feet e. Front Building Line 30 feet f. Side Building Line I 0 feet g. Rear Building Line 25 feet 5. Open Space a. This development shall provide a minimum of twenty percent (20%) of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. amendmentDevelopment Plan.doc b. The common open space lot (i.e. Lot 4, Block I) may be utilized for storm water detention purposes. c. The common open space lot (i.e. Lot 4, Block I) shall contain two picnic tables with shade covers, eight three-inch caliper trees, a fishing pier and two park benches. d. The common open space lots shall be owned and maintained by the property owners association for Lonesome Dove Estates Phase 3. 6. c.onceptnal Site Plans and Platting a. The subdivision shall be generally consistent with the Zoning ExhibitlPreliminary Plat. The actual street and lot arrangement may differ from that shown on the Zoning ExhibitlPreliminary Plat to accommodate topographic, drainage or other conditions. b. Prior to the issuance of any development permits within this PUD-R and as a condition to the development of the subject property, the developer shall obtain approval of a Final Plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 7. Sidewalks a. The developer shall construct a 5-foot wide sidewalk along L.D. Lockett Road at the same time as other public improvements are constructed in the subdivision, unless funds are escrowed with the City for future construction of the sidewalk. b. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 8. Fencing a. A six (6) foot wrought iron fence similar in type, color and design shall be required along the rear of Lots 12-14, Block I and Lot 2, Block 3. The wrought iron fence shall be built by the homebuilder at the time of home construction. Each individual lot owner shall be responsible for maintenance and upkeep of the wrought iron fence located on their lot. amendmentDevelopment Plan,doc PROPERTY OWNERS ASSOCIATION A property owners association will be established for the Lonesome Dove Estates Pbase 3 planned unit development. The property owners association will be responsible for maintenance of all landscaped and irrigated areas, common open space areas, entry areas and fencing, and enforcement of the deed restrictions in order to maintain the quality and character of Lonesome Dove Estates Phase 3. DEVELOPMENT SCHEDULE Tile proposed 19.405 acre PUD-R Planned Unit Development (i.e. thirty-four (34) residential lots and three (3) common open space lots) will be developed by Stinson Development Corporation, Inc. in a single phase as shown on the Zoning Exhibit/Preliminary Plat. Construction of this development will begin as soon as the zoning amendment and platting process are completed through the City of Colleyville. SUMMARY Tllis PUD-R planned unit development will consist of thirty-four (34) residential lots, three (3) common open space lots if the requested PUD-R zoning amendment is approved by City Council. This proposed development also meets all technical standards for the City of Colleyville's PUD-R zoning district. The overall density within LC)nesome Dove Estates Pbase 3 will be 1.75 lots/acre and the average lot size will be 16,004 square feet. The total common open space within the residential portion of Lonesome Dove Estates Phase 3 will be 3.88 acres (20.0% of residential site area). It is also important to note that the residents within the Lonesome Dove Estates Pilase 3 will also have access to the City of Colleyville public park area (i.e. future youth baseball fields) located immediately east of this proposed development. A summary of the proposed PUD-R Development Conditions for Lonesome Dove Estates Pbase 3 are clearly defined on the Zoning ExhibitlPreliminary Plat. The average home size within Lonesome Dove Estates Pbase 3 will be approximately 3,000 square feet. The average home value within Lonesome Dove Estates Pbase 3 will be in the $330,000 range or higher (i.e. $IIO/square foot @ 3,000 square feet). The anticipated build-out of all residential lots within Lonesome Dove Estates Phase 3 once all improvements are completed and accepted by the city is estimated at two years. amendmentDevelopment Plan_doc We feel that the PUD-R planned unit development described herein is a more compatible and practical use of the property based on the current development surrounding this property. It is also important to note that this property is located approximately 1,600 feet east of the intersection of Precinct Line Road and L.D. Lockett Road and is not really visible from Precinct Line Road. Due to its location and lack exposure and marketing visibility from any major corridors within Colleyville, we feel that this property will more than likely never be developed as neighborhood commercial. There is also an existing creek with a mature stand of trees located approximately 700 feet west of this proposed development. This existing creek would be the most practical location for a future zoning buffer between any future retail/commercial uses located along Precinct Line Road (i.e. west of the creek) and any future single family residential developments located east of the creek. With sincerity and respect, Stinson Development Corporation, Inc., requests consideration and approval of this PUD-R Zoning Amendment of Lonesome Dove Estates Phase 3 by the Planning and Zoning Commission and the City Council of Colleyville, Texas pursuant to the criteria presented and discussed herein. amendmentDevelopment Plan.doc Mid Cities Church Inc. Attn: Denis Faulkner 4905 Eversham Court Colleyville, Texas 76034 Stinson Development Corp. 7510 Davis Blvd., Ste D Fort Worth, Texas 76180 USA Attn: David Houser 2601 Meacham Blvd. Fort Worth, TX 76137 City of Colleyville Martin & Lisa Stajduhar 101 Williamsburg Court Colleyville, TX 76034 Ashraf, Ishak 2928 Oak Ridge Drive Hurst, TX 76054 Wallace Craig P.O. Box 308 Hurst, TX 76053 Norma Jones 2509 Huneysuckle Ave. Fort Worth, TX 76111 Garry & Sharon Tennyson 1507 Johnson Road Keller, TX 76248 Bevsco LP P.O. Box 670903 Dallas, TX 75367 Craig Gandy 1117 W. L.D. Lockett Road Colleyville, Texas 76034 Bear Valley Community Church 7900 Precinct Line Road Colleyville, Texas 76034 City of Hurst 1505 Precinct Line Road Hurst, Texas 76054 Peter & Linda Kuhlmann 6000 Quality Hill Street Colleyville, TX 76034 Case 2-02-035 (Notices dated: November 21,2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville land Development Code. .,t Jan Levy L I Planning & oning Assistant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM November 13,2002 Dick Blackard ~ Joseph Reue, PE 817-488-5802 ~ 817-306-1555 Clayton Husband, AICP, Community Development Manager SUBJECT Z-02-035 PUDR amendment - Lonesome Dove Estates Phase 3 The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION 1. The current PUD-R zoning for tills property was approved by Ordinance 0-02-1364, adopted by the City Council on September 17, 2002. Tills ordinance also amended the Colleyville Master Plan to designate the future land use of this property as single family residential and office development. The zoning request is inconsistent with the Plan, and a recommendation for denial will be made to the Planning & Zoning Commission for technical non-compliance with the Plan. Only the Planning & Zoning Commission and City Council have the discretion to approve residential components in this area. ZONING EXHIBIT DRAWING 1. A 15-foot wide drainage and utility easement needs to be added adjacent to the common lot line of Lots 5 and 6, Block 3. The purpose for tills easement is to provide a location for a sanitary sewer stub to the park property to the east. 2. Increase the size of the drainage and utility easement adjacent to the south lot line of Lot 14, Block 3, to 15 feet in width. The purpose for this increased width is to provide for the looping of water lines in the area. 3. The City-owned tract to the east is planned for basebalVsoftball practice fields. These fields may be lighted when the fields are constructed. The DRC suggests that a note be added to the exhibiUplat indicating that the park may contain lights in the future. P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE Z-02-035 LONESOME DOVE PUD-R ENGINEERING CONSTRUCTION PLANS 1. The Fire Department and Engineering Department have significant concerns about the dead- end water line proposed in the plans. The water line would need to be looped either to the east or west. 2. The engineering construction plans have been reviewed by the Engineering Department, Fire Department and Public Works Department. Comments on the paving, drainage and utility plans noted on a set of marked-up prints, which are ready to be picked up. Questions concerning the engineering construction plans should be directed to Chad Bartee at 817-577- 7587. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific plans for construction. SEWER $1,589 per dwelling unit for SINGLE FAMILY uses. Actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since L.D. Lockett Road is considered an unimproved street and the plat contains more than one residential lot. The owner is required to construct one-half of the streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. A general estimate of the escrow amount is approximately $139 per linear foot, for 598.53 feet, for a total of $83, 196. The response letter to these comments should indicate the developer's initial intention of construction or escrow regarding these streets. 3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the subdivision plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon the review ofthe final plat. 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along L.D. Lockett Road and all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide. The sidewalks along L.D. Lockett Road are required to be 5-feet wide, and the developer is required to construct the L.D. Lockett Road sidewalk as part of the public improvements for this property. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE Z-02-035 LONESOME DOVE PUD-R PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, December 2,2002, 7:00 p.m. Tuesday, December 17, 2002 and January 7, 2003, 7:30 p.m. RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: . a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived . 22 folded copies of the revised Zoning Exhibit drawing · one 8Yi" x 11" reduced copy of the revised exhibit The revised drawings must be submitted no later than Friday, November 22, 2002 in order to make the scheduled hearings. Please contact me at husbandc@ci.collevville.tx.us or 817-577- 7587 if you have any questions. C: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBLIC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE 3 OF 3 WASHINGTON & ASSOCIATES ENGINEERS · PLANNERS 3950 Fossil Creek Boulevard, Suite 210 · Fort Worth, Texas 76137 817/306-1444 · Fax 817/306-1555 MEMORANDUM TO: MR. CLA VrON HUSBAND, ACIP, DEVELOPMENT COORDINATOR FOR THE CITY OF COLLEYVILLE FROM: EARL R. SMITH III SUBJECT: LONESOME DOVE ESTATES PHASE 3 - PUD-R ZONING CHANGE REQUEST DATE: 11/22/2002 CC: MR. DICK BLACKARD Mr. Husband: This memo is intended to respond to the written comments received from the City of Colleyville Development Review Committee letter dated November 13,2002. The following responses to the city written comments are addressed in the order received: General Information Comment: The cumnt PUD-R zoningfOr this properry was approved I:Y ordinance 0-02-1364, adopted I?Y the City Council on September 17, 2002. This ordinance also amended the Collryville Master Plan to designate the juture land use of this property as single jami(y residential and office development. The zoning request is inconsistent with the plan, and a recommendation fOr denial will be made to the Planning & Zoning Commission jor the technical non-compliance wit the plan. OnlY the Planning & Zoning Commission and City Council have the discretion to approve residential components in this area. Response: Meetings with he Planning & Zoning Commission and City Council have been scheduled to review the project as required. Zoning Exhibit Drawing Comment: 1. A 15100t wide drainage and utiliry easement needs to be added adjacent to the common lot line of Lots 5 and 6, Block 3. The purpose jor this easement is to provide a location for a sanitary sewer stub to the park properry to the east. Response: A ten-foot drainage and utility easement has been added to adjacent to Lot 5, Block 3 for the placement of a proposed sanitary sewer stub to the park property. Comment: 2. Increase the size of the drainage and utility easement adjacent to the south lot line of Lot 14, Block 3, to 15 feet in width. The purpose jOr this increased width is to provide jOr the looping of water lines in the area. Response: The proposed water will be looped to an existing eight-inch water line to the east of the property. (See Sheet 4, Preliminary Plan Set) Comment: 3. The City-owned tract to the east is planned jOr baseball/ softball fields. These fields mcry be lighted when the fields are constructed. The DRC suggests that a note be added to the exhibit/plat indicating that the park mcry contain lights in the future. Response: A note has been added to the exhibit/plat stating, "Future baseball/softball fields may contain lights in the event of future improvements." Engineering Construction Plans Comment: 1. The Fire Department and Engineering Department have significant concerns about the dead-end water line proposed in the plans. The water line would need to be looped either to the east or west Response: The proposed water line will be looped to an existing eight-inch water line to the east of the site. (See Sheet 4, Preliminary Plan Set) Comment: ,. The engineering construction plans have been reviewed ~y the Engineering Department, Fire Department and Public Works Department. Comments on pavin~ drainage and utiliry plans and noted on a set of marked-up prints, which are ready jOr pio'k up. Response: All marked-up comments and suggestions have been addressed. 2 Other Information: Other Information 1. (Impact Fees) We understand and acknowledge this comment. 2. (Perimeter Street Improvement Requirements) The developer's initial intention for this development is to escrow the funds for the perimeter street improvements required for L.D. Lockett Road at time of final platting of the property. The estimated amount of escrow funds due at time of fmal platting of residential portion of development is $24,316.66 (i.e. 174.941.f. of frontage @ $139 per linear foot). The estimated amount of escrow funds due at time of final platting of neighborhood commercial portion of development is $58,879.01 (i.e. 423.59 1.f. of frontage @ $139 per linear foot). 3. (Parkland Dedication) We understand and acknowledge this comment. 4. (Sidewalk and Trails) We understand and acknowledge this comment. We note that the developer would like to escrow the funds for the 5-foot sidewalk along L.D. Lockett Road since the southern half of LD. Lockett Road is not proposed to be built at this time (i.e. only escrowing funds for perimeter street improvements). Re-submittal Requirements Attached with this memo are twenty two (22) copies of the revised zoning exhibit, one (1) 8 IN' x II" reduced copy of the revised zoning exhibit and one (3) copies of the revised Preliminary Plan Set for Lonesome Dove Estates Phase 3. Please do not hesitate to contact our office at (817) 306-1444 if you have any additional comments or questions. 3 ORDINANCE 0-03-1387 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY AMENDING ORDINANCE 0-02-1364 IN ITS ENTIRETY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by Stinson Development Corporation and Mid-Cities Church on November 4, 2002, under Case No. Z-02-035; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds description attached as Exhibit "B", by amending Ordinance 0-02-1364, the PUD-R for Lonesome Dove Estates Phase 3, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT Ordinance 0-02-1364 is hereby amended in its entirety to read as follows: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at a density not to exceed a maximum of 1.8 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-03-1387 Page 2 of 4 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions, as shown in the Conceptual Site Plan attached as Exhibit "C". a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line 15,000 square feet 16,050 square feet 1 00 feet 125 feet 30 feet 1 0 feet 25 feet 4. OPEN SPACE a. This development shall provide a minimum of twenty percent (20%) of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. c. Development on the non-residential lot shall conform to the landscaping requirements contained in the Land Development Code. d. The open space lot shall contain two picnic tables with shade covers, eight three-inch caliper trees, a fishing pier and two park benches. 5. CONCEPTUAL SITE PLANS AND PLATTING a. The subdivision shall be generally consistent with the conceptual site plan attached as Exhibit "C". The conceptual site plan shall be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. Prior to the issuance of any development permits within this PUD-R and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary Ordinance 0-03-1387 Page 3 of 4 plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 6. SIDEWALKS a. The developer shall construct a 5-foot wide sidewalk along L.D. Lockett Road at the same time as other public improvements are constructed in the subdivision, unless funds are escrowed with the City for future construction of the sidewalk. b. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 7. FENCING a. A six (6) foot tall ornamental iron fence shall be constructed along the rear lot line of Lots 12-14, Block 1, and Lot 2, Block 3. The fence shall be similar in type, color and design on each lot. The fence shall be constructed prior to the issuance of a certificate of occupancy for the house on the lot. The property owner shall maintain the fence. Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with any zoning regulation contained in the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney Ordinance 0-03-1387 Page 4 of 4 CITY OF COLLEYVILLE: Donna Arp Mayor 110 ,~ t.i' Ii t\ 1"\ R40 EXHIBIT A - ZONING MAP R40 ~#."'J ~~. r""~ ~,.""". ~..~ .--.. ~ .,..~... TA: 1 V fH 'I W ., 32A{ 92 ~\C R40 EXHIBIT B - METES AND BOUNDS DESCRIPTION BEING all that certain tract, parcel, or lot of land located in the ISAA CARADINE SURVEY, Abstract No. 356, Tarrant County, Texas, and more particularly described as follows: BEGINNING at a 'Y:z inch capped steel rod stamped MOAK SURV INC found in the north boundary line of the tract described as Lonesome Dove Estates, Phase 2; Thence West along said north boundary line of Lonesome Dove Estates, Phase 2 North 89 degrees 54 minutes 15 seconds West, 987.95 feet to a point; Thence North 00 degrees 23 minutes 20 seconds East, 297.64 feet to a 5/8 inch steel rod found for corner; Thence South 89 degrees 49 minutes 55 seconds East, 493.04 feet to a 'Y:z inch iron rod found for corner; Thence North 00 degrees 21 minutes 21 seconds East, 921.76 feet to a point in the south right-of-way of L.D. Lockett Road to a 'Y:z inch steel rod found for corner; Thence South 89 degrees 22 minutes 49 seconds East, 233.11 feet along the south right-of-way of L.D. Lockett Road to a 3/8 inch steel rod found for corner; Thence South 00 degrees 03 minutes 45 seconds West, 5.18 feet to a point; Thence South 89 degrees 56 minutes 15 seconds East, 365.42 feet along the south right-of-way of L.D. Lockett Road to a 'Y:z inch iron rod found, said point also being the northeast corner of the Midcities Church Inc. Tract; Then leaving the south right-of-way of L.D. Lockett Road Thence South 00 degrees 10 minutes 56 seconds West, 923.39 feet to a point; Thence North 89 degrees 47 minutes 56 seconds West, 108.61 feet to a 'Y:z inch steel rod set for corner; Thence South 00 degrees 02 minutes 49 seconds East, 279.47 feet to a point, being the POINT OF BEGINNING, and containing 19.405 acres of land (845,268 square feet), more or less. EXHIBIT C -CONCEPTUAL SITE PLAN Il ( I I I I I I II II f I II I I II J J tI ~ It 1# I I l I I /1 II I f Ii II "~' . ,'r.'-~.~. ..J_....~ , ____~___ : 1 ,~ - j~~--:J- - II ! \ rd .-- --I jl ! ,...~~ " I ....... ....._.__1 1,I,..l ...._I II II \ I H " I I I 1 I -..., rtll, ",:, , I I ~ I . ! II _..: I ! I r "''''' I la!<<l:. I' r! f ~S !.... ~~ , ,I", ! ~ RESOLUTION R-03-2085 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JANUARY 7,2003 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF _ AYES, NAYS AND ABSTENTIONS. 2003, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor