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City of
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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
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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.
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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
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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;
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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.
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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
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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.
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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;
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(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
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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;
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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:
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(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
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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.
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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.
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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.
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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
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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
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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
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Location Map & Area of Notification
CASE # Z-02-029 - SUP for an Accessory Building
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.~ 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
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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(:.".
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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 ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2002.
day of
The second reading and public hearing being conducted on the
2003.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton
City Secretary
Donna Arp
Mayor
Ordinance 0-02-1381
Page 3 of 3
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Exhibit A
Zoning Map
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Building Location
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CITY COUNCIL
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.(1) AGENDA BRIEFING
T(.'x,,$
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
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CASE # Z-02-031 - SUP tor a Cellular Tower
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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
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CITY COUNCIL
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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
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CASE # Z-02-036 - Special Use Permit
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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
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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
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CASE # Z-02-034 - Zoning Change - AG to PUD-C
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1179
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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
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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
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CITY COUNCIL
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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
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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
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~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
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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
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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
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CASE # Z-02-035 - An Amendment to the PUD (0-02-1364)
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"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
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EXHIBIT A - ZONING MAP
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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
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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