HomeMy WebLinkAbout2020 1201Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Joe Perez
Submitting Department: General Admin
Item Type: Presentation
Agenda Section:
Subject:
Receive a presentation and update from United Way Denton County regarding assistance provided to residents
and non-profit organizations in The Colony. (Perez)
Suggested Action:
Gary Henderson, UWDC CEO will provide an update to Council on their activities in The Colony assisting
residents with COVID related relief as well as non-profit organizations in The Colony.
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discussion regarding the extended terms of office for all City Boards and Commission members whose term
expires in 2020. (Council)
Suggested Action:
On June 2, 2020 a resolution was approved given the current COVID-19 outbreak, the City Council for the City
of The Colony, Texas, determined it was in the best interest of the City of The Colony, Texas, and its citizens,
for all board and commission members whose terms expire in the year 2020, be extended through December
31, 2020.
Currently the following boards have vacancies:
Board of Adjustment/Sign Board of Appeals/Building Standards Commission - Alternate 2
Keep The Colony Beautiful - Place 4
Technologies - Place 2
Attachments:
Res. 2020-026 Extending Boards and Commissions Terms through Dec. 2020.pdf
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for November 17, 2020. (Stewart)
Suggested Action:
Attachments:
November 17, 2020 DRAFT Minutes.docx
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
NOVEMBER 17, 2020
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:34 p.m. on the 17
th day of November 2020, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Joe McCourry, Mayor
Kirk Mikulec, Councilmember
Richard Boyer, Deputy Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Mayor Pro Tem
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Absent
Present
Present
Present
Present
Present
And with 7 council members present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor McCourry called the meeting to order at 6:34 p.m.
1.2 Invocation
Lance Otey with First Baptist Church delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
1.5.1 Receive presentation from Customer Services regarding upcoming cart
replacements and education on recycle in regards to Republic.
Director of Customer Services, Molly Owczar, gave Council an overview on the
cart assessment plan and recycle pilot audit program.
Council provided discussion on this item.
1.5.2 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
Special Events Coordinator, Lindsey Stansell, provided upcoming events and
activities to the Council.
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City Council – Regular Meeting Agenda
November 17, 2020
Page| 2
2.0 CANVASS THE ELECTION
2.1 Discuss and consider approving an ordinance canvassing the returns and declaring
the results of an election held on Tuesday, November 3, 2020, for the purpose of
electing four (4) councilmembers for said city; providing the candidate for Place 6
elected to office; and ordering a run-off election for Places 3, 4 and 5.
Mayor Pro Tem Terre read excerpts from the canvassing ordinance and called for
a run-off election.
Motion to approve- Wade; second by Schrag, motion carried with all ayes.
ORDINANCE NO. 2020-2410
2.2 Oath of Office for elected City Council member of Place 6.
City Secretary, Tina Stewart, administered the Oath of Office to Joel Marks -
Councilmember for Place 6.
3.0 CITIZEN INPUT
None
4.0 WORK SESSION
4.1 Council to provide direction to staff regarding future agenda items.
None
5.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Terre; second by Schrag, motion carried
with all ayes.
5.1 Consider approving City Council Regular Session meeting minutes for November
4 2020.
5.2 Consider approving Collin Witherspoon's resignation as an alternate from Board of
Adjustment, Sign Board of Appeals and Building Standards Commission Advisory
Boards.
5.3 Consider approving a resolution authorizing the Mayor to execute an Interlocal
Cooperation Agreement with Denton County in the amount of $12,400.00 for fire
protection services beginning October 1, 2020 through September 30, 2021.
RESOLUTION NO. 2020-072
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City Council – Regular Meeting Agenda
November 17, 2020
Page| 3
5.4 Consider approving a resolution authorizing the Mayor to execute an Interlocal
Cooperation Agreement with Denton County in the amount of $21,438.00 for
ambulance services beginning October 1, 2020 through September 30, 2021.
RESOLUTION NO. 2020-073
5.5 Consider approving a resolution authorizing the City Manager to execute a
Construction Services Contact in the amount of $1,313,484.20 with RoeschCo
Construction, Inc. for the construction of the Cascades/Grandscape Trail with
funding from the Community Development Corporation and Park Dedications Fees
from the Cascades Development.
RESOLUTION NO. 2020-074
5.6 Consider approving a resolution authorizing the City Manager to execute a
Professional Services Contract in the amount of $104,870.00 with MHS Planning
& Design for the design, construction of documents, observation and grant
administration for West Shore Park Project with funding provided by the
Community Development Corporation and Texas Park and Wildlife Local Parks
grant.
RESOLUTION NO. 2020-075
5.7 Consider approving a resolution authorizing the City Manager to execute an
Engineering Design Services Contract in the amount of $ 131,600.00 with Halff
Associates, Inc. to prepare construction plans and specifications for the
reconstruction of Hendrix Drive.
RESOLUTION NO. 2020-076
5.8 Consider approving a resolution authorizing the creation of The Colony Hotel
Development Corporation, approving the Articles of Incorporation, appointing the
initial directors and chairperson and items related thereto.
RESOLUTION NO. 2020-077
6.0 REGULAR AGENDA ITEMS
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City Council – Regular Meeting Agenda
November 17, 2020
Page| 4
Executive Session was convened at 7:04 p.m.
7.0 EXECUTIVE SESSION
A. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city attorney
regarding pending or contemplated litigation - Appeal of Brazos Electric Power
Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos
Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16, and related
agreement with Lonzar Delaware, Inc., a Delaware corporation.
B. Council shall convene into a closed executive session pursuant to Section
551.087 of the Texas Government Code regarding commercial or financial
information the city has received from a business prospect(s), and to deliberate the
offer of a financial or other incentive to a business prospect(s).
C. Council shall convene into a closed executive session pursuant to Section
551.076 of the Texas Government Code to deliberate the deployment or specific
occasions for implementation, of security personnel or devices or a security audit.
Regular Session was reconvened at 7:54 p.m.
8.0 EXECUTIVE SESSION ACTION
A. Any action as a result of executive session regarding pending or contemplated
litigation - Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No.
45175 and City of The Colony, Texas v. Brazos Electric Power Cooperative, Inc.
matter, Cause No. 16-06424-16.
No Action
B. Any action as a result of executive session regarding commercial or financial
information the city has received from a business prospect(s).
No Action
C. Any action as a result of executive session regarding the deployment or specific
occasions for implementation, of security personnel or devices or a security audit.
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 8:04 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
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City Council – Regular Meeting Agenda
November 17, 2020
Page| 5
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: David Cranford
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to accept SolidLines bid in the amount of $63,928
for the striping and traffic painting of North Colony Blvd. (Miller)
Suggested Action:
$120,000 is budgeted this year for pavement marking maintenance for streets and throughfares.
SolidLines is a pre-certified vendor. The company recently restriped the City Hall parking lot and the intersection
at Main and Ridgepoint. City has been pleased with their work.
Attachments:
soldlines bid.pdf
Res. 2020-xxx Bid Accept Solidlines.docx
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - _______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO ACCEPT THE BID FROM SOLIDLINES FOR
STRIPING AND TRAFFIC PAINTING OF N COLONY; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the
City Manager to accept SolidLines bid for the striping and traffic painting of N Colony
Blvd.
Section 2. That the City Manager or his designee is authorized to accept the bid.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas this 1st day of December, 2020.
______________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to deny CoServ Gas Ltd's requested rate change.
(Cranford)
Suggested Action:
On November 13, 2020, CoServ Gas, Ltd. (“CoServ” or “Company”), filed its Statement of Intent to change gas
rates at the Railroad Commission of Texas (“RRC”) and in all municipalities exercising original jurisdiction
within its service area, effective January 23, 2021.
CoServ is seeking to increase its gas rates on a system-wide basis by $9.6 million per year, and by $8,113,409
in the incorporated areas. This equates to an increase of 11.6% on total revenues, or 29.0% increase in base
rates for the incorporated areas.
Denial provides the opportunity for the City to work with other effected cites to evaluate the filing and determine
what further strategy or settlement is needed.
Attachments:
coserv staff report.docx
Res. 2020-xxx CoServ.docx
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79837791
MODEL STAFF REPORT REGARDING
COSERV’S REQUESTED RATE CHANGE
PURPOSE:
On November 13, 2020, CoServ Gas, Ltd. (“CoServ” or “Company”), pursuant to
Subchapter C of Chapter 104 of the Gas Utility Regulatory Act, filed its Statement of Intent to
change gas rates at the Railroad Commission of Texas (“RRC”) and in all municipalities exercising
original jurisdiction within its service area, effective January 23, 2021.
CoServ is seeking to increase its gas rates on a system-wide basis by $9.6 million per year,
and by $8,113,409 in the incorporated areas. This equates to an increase of 11.6% on total
revenues, or 29.0% increase in base rates for the incorporated areas. CoServ is also requesting:
(1) Commission approval of depreciation rates for distribution and general plant; (2) a prudence
determination for capital investment; (3) a finding that the approvals of the administrative orders
by the Gas Services Division of the Commission based on the Accounting Order in Gas Utilities
Docket No. 10695 are reasonable and accurate; and (4) a surcharge on customer bills to recover
the reasonable rate case expenses associated with the filing of this statement of intent.
The resolution suspends the January 23, 2021 effective date of the Company’s rate increase
for the maximum period permitted by law to allow the City, working in conjunction with other
similarly situated cities with original jurisdiction served by CoServ, to evaluate the filing, to
determine whether the filing complies with the law, and if lawful, to determine what further
strategy, including settlement, to pursue.
The law provides that a rate request made by cannot become effective until at least 35 days
following the filing of the application to change rates. The law permits the City to suspend the
rate change for 90 days after the date the rate change would otherwise be effective. If the City
fails to take some action regarding the filing before the effective date, CoServ’s rate request
is deemed approved.
Explanation of “Be It Resolved” Sections:
Section 1.The City is authorized to suspend the rate change for 90 days after the date
that the rate change would otherwise be effective for any legitimate purpose. Time to study and
investigate the application is always a legitimate purpose. Please note that the resolution refers to
the suspension period as “the maximum period allowed by law” rather than ending by a specific
date. This is because the Company controls the effective date and can extend the deadline for final
city action to increase the time that the City retains jurisdiction if necessary to reach settlement on
the case. If the suspension period is not otherwise extended by the Company, the City must take
final action on CoServ’s request to increase rates by January 23, 2021.
Section 2.This provision authorizes the City to participate in a coalition of cities
served by CoServ in order to more efficiently represent the interests of the City and their citizens.
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79837792
Section 3.This section authorizes the hiring of attorney Thomas Brocato and the law
firm of Lloyd Gosselink to represent the City in the matters related to CoServ’s application to
increase its rates.
Section 4.This section authorizes the City’s intervention in CoServ’s application for
approval to increase its rates before the Railroad Commission in Docket No. OS-20-00005136.
Section 5.The Company will reimburse the cities for their reasonable rate case
expenses. Legal counsel and consultants approved by the coalition of cities will submit monthly
invoices that will be forwarded to CoServ for reimbursement. No individual city incurs liability
for payment of rate case expenses by adopting a suspension resolution.
Section 6.This section merely recites that the resolution was passed at a meeting that
was open to the public and that the consideration of the Resolution was properly noticed.
Section 7.This section provides that both CoServ’s counsel and counsel for the cities
will be notified of the City’s action by sending a copy of the approved and signed resolution to
certain designated individuals.
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7983776
RESOLUTION NO. 2020 - _______
A RESOLUTION OF THE CITY OF THE COLONY TEXAS
SUSPENDING THE JANUARY 23, 2021 EFFECTIVE DATE
OF COSERV GAS, LTD.’S REQUESTED INCREASE TO
PERMIT THE CITY TIME TO STUDY THE REQUEST AND
TO ESTABLISH REASONABLE RATES; APPROVING
COOPERATION WITH OTHER CITIES IN THE COSERV
GAS, LTD. SERVICE AREA; HIRING LEGAL AND
CONSULTING SERVICES TO NEGOTIATE WITH THE
COMPANY AND DIRECT ANY NECESSARY LITIGATION
AND APPEALS; AUTHORIZING INTERVENTION IN
DOCKET OS-20-00005136 AT THE RAILROAD
COMMISSION; REQUIRING REIMBURSEMENT OF
CITIES’ RATE CASE EXPENSES; FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW;
REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND LEGAL COUNSEL
WHEREAS, on or about November 13, 2020, CoServ Gas, Ltd. (“CoServ” or
“Company”), pursuant to Gas Utility Regulatory Act § 104.102, filed with the City of The Colony
(“City”) a Statement of Intent to change gas rates in all municipalities exercising original
jurisdiction within the Company’s service area, effective January 23, 2021; and
WHEREAS, the City is a gas customer of CoServ and a regulatory authority with
exclusive original jurisdiction over the rates and charges of CoServ within the City; and
WHEREAS, it is reasonable for the City of The Colony to cooperate with other similarly
situated cities in conducting a review of the Company’s application and to hire and direct legal
counsel and consultants and to prepare a common response and to negotiate with the Company
and direct any necessary litigation; and
WHEREAS, the Gas Utility Regulatory Act § 104.107 grants local regulatory authorities
the right to suspend the effective date of proposed rate changes for ninety (90) days; and
WHEREAS, CoServ has filed an application with the Railroad Commission, Docket No.
OS-20-00005136 that could become the docket into which appeals of city action on the CoServ
filing are consolidated; and
WHEREAS, the Gas Utility Regulatory Act § 103.022 provides that costs incurred by
Cities in ratemaking activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
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7983776
SECTION 1.That the January 23, 2021, effective date of the rate request submitted by
CoServ on or about November 13, 2020, be suspended for the maximum period allowed by law to
permit adequate time to review the proposed changes and to establish reasonable rates.
SECTION 2.That the City is authorized to cooperate with other cities in the CoServ
service area to hire and direct legal counsel and consultants, negotiate with the Company, make
recommendations to the City regarding reasonable rates and to direct any necessary administrative
proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed
with the City or Railroad Commission.
SECTION 3.That, subject to the right to terminate employment at any time, the City of
The Colony hereby authorizes the hiring of Thomas Brocato of the law firm of Lloyd Gosselink
Rochelle & Townsend, P.C., and consultants to represent the City in all matters associated with
the TGS application to increase rates and appeals thereof.
SECTION 4.That intervention in Railroad Commission Docket No. OS-20-00005136 is
authorized.
SECTION 5.That the City’s reasonable rate case expenses shall be reimbursed by
CoServ.
SECTION 6.That it is hereby officially found and determined that the meeting at which
this Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
SECTION 7.A copy of this Resolution shall be sent to CoServ, care of Charles Harrell,
CoServ Gas, Ltd. 7701 South Stemmons Freeway, Corinth, Texas 76210 (CHarrell@coserv.com),
and to Thomas Brocato at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701 (tbrocato@lglawfirm.com).
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
1st day of December 2020.
_________________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
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7983776
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Ron Hartline
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute an Engineering Services Contract
Amendment #1 with Olsson, Inc. for surveying and plat preparation services for three lots in the Grandscape
Development. (Hartline)
Suggested Action:
Summary of Request - Consider approval of a resolution authorizing the City Manager to sign Engineering
Services Contract Amendment # 1 with Olsson, Inc. for surveying and plat preparation services for three lots in
the Grandscape Development.
Background - City Council approved funding for the construction of the Austin Ranch Force Main Project in the
2016-2017 and 2018-2019 CIP budgets. The installation of Phase 1 of the Force Main project was completed in
September 2020. The Phase 2 Construction Services Contract was recently awarded by City Council and
construction activities will begin in January 2021.
Easements for the installation of the Force Main were originally provided by LMG Ventures and TXFM when their
properties were platted along Plano Parkway. The easements on these properties were reserved for the future
Force Main. Now that the properties are fully developed, it would be very disruptive to businesses and visitors if
we used the provided easements. It would also be disruptive to traffic flows in the area and would be very
expensive to install the project through existing parking lots and near existing buildings.
During the design of the Force Main project, our engineers found a better alignment that would cause minimal
disruption to existing businesses so the route was changed to take advantage of this benefit. The new
alignment required moving the easement previously provided by TXFM to another location on their property. It
also required the city to obtain a new easement from LMG on a different lot within Grandscape.
LMG agreed to provide the needed easement at no cost to the city if we would abandon our existing easements
on their properties by re-platting. TXFM also agreed to allow the city to move the easement on their property to
a new location if we would re-plat their property and remove the easement that was no longer needed. The
re-platting necessary for this work would be at the cost of the city. See attached map showing the easements
to be moved and/or abandoned. LMG and TXFM have already provided the new easements needed so that the
city Force Main project can be completed and won't be delayed. The new easements have been filed with
Denton County.
Since the original Force Main easements were provided by Plat, the properties will have to be re-platted to
abandon and/or relocate the easements on the LMG and TXFM properties. This contract Amendment with
Olsson, Inc. is to provide the necessary survey and engineering services needed to re-plat the properties and
abandon the easements.
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Recommendation - Staff recommends approval of the Engineering Contract Amendment # 1 with Olsson, Inc.
Attachments:
Force Main Route.pdf
Easement Exchange Plan.pdf
Amendment #1.pdf
Letter Agreement.pdf
Financial Summary 11-19-2020.docx
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Financial Summary:
Are budgeted funds available: Yes No Amount budgeted: $6,317,000.00
Amount available: $1,324,335.90
Fund(s) (Name and number): 2016-2017 Bond Fund
2018-2019 Bond Fund
Cost of recommended bid/contract award: $52,075.00
Total estimated project cost:
$ 90,665.00 Engineering (Alan Plummer Associates) Already authorized Yes No
$ 489,244.00 Engineering (Halff Associates) Already authorized Yes No
$ 1,884,263.00 Construction cost (Completed Phase 1) Already authorized Yes No
$ 2,297,336.43 Construction cost (Phase 2) Already authorized Yes No
$ 52,075.00 Other costs Engineering (Replatting) Already authorized Yes No
$ 4,813,583.43 Total estimated costs
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Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $2,069,596.05 with SYB Construction Co., Inc. for the Phase 9 Residential Streets
Reconstruction Project. (Hartline)
Suggested Action:
Summary of Requests: Consider approval of a resolution authorizing the City Manager to sign a Construction
Services Contract in the amount of $2,069,596.05 with SYB Construction Co., Inc. for the Phase 9 Residential
Streets Reconstruction Project.
Background:
City Council approved funding for the construction of the Phase 9 residential streets in the 2020-2021 budget.
The next set of residential streets to be reconstructed are listed below:
Street Name:
John Yates Drive – Nash Drive to Strickland Avenue (1,500 LF)
Marsh Drive - Hendrix Drive to Paige Road (820 LF)
The streets will be reconstructed to the same width as existing with reinforced concrete pavement. Existing
sidewalk and driveway returns within right-of-ways will also be re-constructed. The project will also include
drainage improvements, street light replacement and applicable utilities. With approval, the project is
anticipated to start construction in January 2021 with an estimated completion in December 2021.
The project bids were opened on November 12, 2020 and the low bidder was SYB Construction Co., Inc. at a
cost of $2,069,596.05. Halff Associates, the Project Design Engineer, received positive feedback from
representatives from cities that have previously worked with the contractor including the City of Dallas, City of
Irving, City of Garland and City of Cedar Hill and they recommend approval of the contract with this company.
See attached Engineering Recommendation letter for additional information.
Recommendation:
Staff recommends approval of the contract with SYB Construction Co. Inc. to perform construction services for
the Phase 9 Residential Streets Reconstruction project.
Suggested motion:
I move to recommend approval of a resolution authorizing the City Manager to sign a Construction Services
Contract in the amount of $2,069,596.05 with SYB Construction Co., Inc. for the Phase 9 Residential Streets
Reconstruction Project.
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Attachments:
Engineering Recommendation Letter
Certified Bid Tab
Financial Summary
Location Map
Res. 2020-xxx Construction Services Contract - SYB Construction Co..docx
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Financial Summary:
Are budgeted funds available: Yes Amount budgeted/available: $2,436,400.00
Fund(s) (Name and number): Fund # 895-669-6670
Project # 012-JYN0146 (John Yates Drive)
Project # 012-MSR0146 (Marsh Drive)
Source of Funds: 2020- 2021 Bond Proceeds
Cost of recommended bid/contract award: $2,069,596.05
Total estimated project cost:
$ 259,600.00 Engineering (Halff Associates) Already authorized Yes No
$ 2,069,596.05 Construction (SYB Construction Co.) Already authorized Yes No
$ 0.00 Other Improvements
$ 2,329,196.05 Total estimated costs
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Baker
North Colon y
NorrisBlair OaksSlay FoxStr ickland
Roberts Gates
Morning StarBig River
GlenviewJoyCrawford Perrin
Pemberton
Adams
Gibson
KnoxJohn YatesPearce
Ashlock
Wagner
M e m o ria lSouth ColonyPhelps
MarlarPruittStanleyKnightBrandenburg
Hetherington LongoPowers
Bedford
Shannon
Walk e r
Wheeler RaganSagers
Ramsey
MillerKing
Young
A listerT
a
ylor
YagerWilcox
BartlettPettitJennings
GriffinWitt
Overland
Rock Canyon
Rockwood
Green Hollow
DarbyThompson
Watkins
Legend
WexleyRolling HillKisor
ConcordMatsonColeElmMarsh
Carroll
MayesBlalockIvySutton
T w i t t y
BranchwoodDay SpringOxfordHendrix
Pain ter
Mountain ValleyLookoutCook
Bear RunWilshireLarner
FisherClover Valley
Westwood
LandmarkChatham
CreekdaleU s h e r
Bentley
Archer
Fall RiverHigh CliffNervin
FosterSouthmoor
H a m i l t o n
G r a h a m
PinebrookAl
l
enStratford
M i d d l e t o n
MerrellWom ack
Freeman
Carri
ageRiverview Dee ColePhoenix
Eagle River
Lake VistaLake Ridge
Gilliam ScottBarstowM a d i s o n
W
oodlands
Stone MountainCrestwood
Hardaway
Marks
Crutchberry
B an deraSanta FeAtterbury
Overton
Keller
HilltopPawneeCockrellW o o d m o s s
Trailvie
wCliffsideChowningMainPruitt MemorialSouth ColonyMa
y
e
s
PaigeMayesµPhase 9 Streets Reconstruction Location Map
Marsh Drive
John Yates Drive (Nash Drive to Strickland Avenue)
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION SERVICES CONTRACT WITH SYB
CONSTRUCTION CO., FOR THE PHASE 9 RESIDENTIAL STREETS
RECONSTRUCTION PROJECT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of
SYB Construction Co., for the Phase 9 Residential Streets Reconstruction Project; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Construction Services Contract with SYB Construction Co., which is attached hereto and
incorporated herein by reference as Exhibit “A”under the terms and conditions provided therein;
and; and
WHEREAS, with said Construction Services Contract the City is agreeing to pay the sum
of $2,069,596.05 for such work.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.The Construction Services Contract, which is attached hereto and incorporated
herein as Exhibit "A", has been reviewed by the City Council of the City of The Colony, Texas, and
found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby,
in all things approved.
Section 2. The City Manager is hereby authorized to execute said Construction Services
Contract on behalf of the City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 1st day of December 2020.
_____________________________
ATTEST:Joe McCourry, Mayor
City of The Colony, Texas
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
45
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
46
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an Ordinance approving Amendments to Land Use
Assumptions, Capital Improvements Plan and Water and Wastewater Impact Fees. (Hartline)
Suggested Action:
Summary of Requests: Conduct a Public Hearing and consider action on an Ordinance approving
Amendments to Land Use Assumptions, Capital Improvements Plan and Water and Wastewater Impact Fees
Background:
On September 22, 2020, the Capital Improvements Advisory Committee (CIAC) met and recommended that
City Council approve the Land Use Assumptions, Capital Improvements Plan and proposed Water and
Wastewater Impact Fees as presented in the report, draft Water and Wastewater Impact Fee Update dated
June 23, 2020 prepared by Freese and Nichols, Inc. (FNI). See attached letter from CIAC that includes their
recommendations to City Council.
The CIAC is recommending a water impact fee of $518.00 per service unit and a wastewater impact fee of
$4,030.00 per service unit as outlined in the report. The Land Use Assumptions are from the Water and
Wastewater Master Plans previously approved by City Council. The Water and Wastewater Capital
Improvements Plans outlined in the report were developed based on the increased capacities needed within
these systems over the next 10-years of projected development and land uses as required by state law. Staff
recommends approval.
Suggested motion:
I move to recommend approval of an Ordinance approving Amendments to Land Use Assumptions, Capital
Improvements Plan and Water and Wastewater Impact Fees as presented in the report, draft Water and
Wastewater Impact Fee Study Update dated June 23, 2020 prepared by Freese and Nichols, Inc. (FNI).
Attachments:
City Council Meeting Slide Presentation
CIAC Recommendation Letter to City Council
Draft Water & Wastewater Impact Fee Update. Dated June 2020
Ord. 2020-xxxx Adopting CIP LUA Water Wastewater Impact Fees.docx
47
December 1, 2020
City Council of The City of The Colony
Water and Wastewater Impact Fee Study Update
1
48
Agenda
2
1
2
3
4
5
6
Impact Fee Basics
Land Use Assumptions
Water/Wastewater CIP
Water/Wastewater Impact Fee Analysis
Benchmarking and Path Forward
CIAC Recommendations
49
Basis of Impact Fees?
An Impact Fee is a one-time charge
assessed to new development for a
portion of the cost of public
infrastructure required to serve it.
“Growth Paying for Growth”
3
50
Discuss CIAC Recommendation to Council
Overview of Study Tasks
Service Areas
Land Use Assumptions
Service Units
Existing Capacity, Usage & Deficiencies
Projected Demand
Capital Improvements Plan
Service Unit Equivalency
Cost per Service Unit Calculation
Ch 395, TLGC
Technical
Requirements
Addressed in
Study Report
4
51
Service Area
5
52
Land Use Assumptions
•10-year growth projections for impact fees
•Based on trend/forecasted community growth
•Population/employment used to derive
demand from new development
•Basis for CIP development
6
53
Land Use Assumption Breakdown
7
Population
Non-Residential
Year
Impact Fee
Area
Population
Austin Ranch
Population
Total Citywide
Population
2019 38,701 4,754 43,455
2029 44,697 9,850 54,547
Total Growth 5,996 5,096 11,092
Year
Impact Fee
Area (Acres)
Austin Ranch
(Acres)
Total Citywide
(Acres)
2019 1,269 72 1,341
2029 1,528 260 1,788
Total Growth 259 188 447
54
Service Units
Service Units are standardized
measurements of the demands
placed on water, wastewater and
roadway facilities by a new
development
Water/Wastewater service units =
capacity of the water meter
installed at the development
8
A 5/8” Water Meter for one Single-Family Dwelling
Unit is Equivalent to 1 Service Unit
55
Water Impact Fee Capital Improvements
Plan
9
56
Water System Impact Fee CIP
10
No. Description of Project
Percent Utilization Costs Based on 2019 Dollars
2019(1)2029 2019-2029 Capital Cost
10-Year
(2019-2029)
EXISTING
A New Pump at Tribute Pump Station
40% 90% 50% $69,470 $34,735
B Impact Fee Studies (2019-2029)
0% 100% 100% $49,680 $49,680
Existing Project Sub-total $119,150 $84,415
PROPOSED
1 1 MG Elevated Storage Tank 0% 40% 40% $5,631,600 $2,252,640
Proposed Project Sub-total $5,631,600 $2,252,640
Total Capital Improvements Cost $5,750,750 $2,337,055
(1) Utilization in 2019 on proposed projects indicates a portion of the project that will be used to address deficiencies within
the existing system, and therefore are not eligible for impact fee cost recovery for future growth.
57
Wastewater Impact Fee CIP
11
58
Wastewater System Impact Fee CIP
12
No. Description of Project
Percent Utilization Costs Based on 2019 Dollars
2019(1)2029 2019-2029 Capital Cost
10-Year
(2019-2029)
EXISTING
A North Trunk Sewer 35% 50% 15% $2,843,300 $426,495
B Phase 1 WWTP Expansion to 4.5 MGD 0% 70% 70% $17,388,600 $12,172,020
C Impact Fee Studies (2019-2029) 0% 100% 100% $49,680 $49,680
Existing Project Sub-total $20,281,580 $12,648,195
PROPOSED
1 Phase 2A WWTP Dewatering Upgrade 60% 70% 10% $11,000,000 $1,100,000
2 Gravity Sewer Along Curry Road 80% 90% 10% $1,713,200 $171,320
3 Wynnwood Lift Station Rehabilitation 75% 95% 20% $1,388,100 $277,620
4 Phase 2B WWTP Capacity Expansion 0% 10% 10% $40,000,000 $4,000,000
Proposed Project Sub-total $54,101,300 $5,548,940
PROPOSED AUSTIN RANCH
AR-1 New 20-Inch Austin Ranch Force Main
(2)– – – $3,797,900 –
AR-2 Austin Ranch Lift Station Pumps Upgrade – – – $778,300 –
AR-3 Serve New Development in East Austin
Ranch in IC-3
– – –$816,800 –
AR-4 Serve Development in Austin Ranch West of
Plano Parkway
– – –$1,363,800 –
AR-5 Parallel 12-inch Force Main – – – $1,829,900 –
Proposed Austin Ranch Sub-total $9,131,510 –
Total The Colony Capital Improvements Cost (excludes Austin Ranch) $74,382,880 $18,197,135
(1) Utilization in 2019 on proposed projects indicates a portion of the project that will be used to address deficiencies within the
existing system, and therefore are not eligible for impact fee cost recovery for future growth.
(2) The 20-inch Austin Ranch Force Main will be built by The Colony but will only convey wastewater flow generated in the
Austin Ranch development. Therefore, this project is not included in the impact fee calculation for the City.
59
Impact Fee Analysis
Impact Fee
per Service Unit =
Impact Fee CIP Cost
New Service Units
•IFCIP Cost credited 50%for the portion of ad-
valorem taxes generated by projects
•Fee collected can be less than maximum by
policy; by service area
13
60
Water and Wastewater Impact Fee Calculations
Water Wastewater
Project Cost $2,337,055 $18,197,135
Finance Cost (3% Interest) $803,751 $6,258,293
Total Eligible Cost $3,140,806 $24,455,428
10-year Projected Growth in Service Units 3,031 3,031
Maximum Impact Fee per Service Unit
without Credit $1,036 $8,068
Impact Fee Credit per Service Unit (50%)$518 $4,034
Maximum Allowable Impact Fee per
Service Unit with Credit (50%)$518 $4,034
Current Impact Fee per Service Unit $1,653 $815
14
61
Current & Maximum Allowable Fees
15
Meter Size
Water Impact Fee Wastewater Impact Fee
Current Maximum
Allowable Current Maximum
Allowable
5/8" PD $1,653 $518 $815 $4,034
3/4" PD $2,480 $777 $1,223 $6,051
1" PD $4,133 $1,295 $2,038 $10,085
1 1/2" PD $8,265 $2,590 $4,075 $20,170
2” PD $13,224 $4,144 $6,520 $32,272
2" Compound $13,224 $4,144 $6,520 $32,272
2” Turbine $16,530 $5,180 $8,150 $40,340
3" Compound $26,448 $8,288 $13,040 $64,544
3” Turbine $39,672 $12,432 $19,560 $96,816
4” Compound $41,325 $12,950 $20,375 $100,850
4” Turbine $69,426 $21,756 $34,230 $169,428
6” Compound $82,650 $25,900 $40,750 $201,700
6” Turbine $152,076 $47,656 $74,980 $371,128
8” Compound $132,240 $41,440 $65,200 $322,720
8” Turbine $264,480 $82,880 $130,400 $645,440
10” Turbine $413,250 $129,500 $203,750 $1,008,500
62
System
2007
Maximum
Allowable
Current
Collection
Rate
2020
Maximum
Allowable
Rate
2020
Recommended
Collection
Rate
Water $1,653 $1,653 $518 -
Wastewater $815 $815 $4,034 -
Total $2,468 $2,468 $4,552 -
Impact Fee Summary
16
Reasons for Change:
•Revised Growth Assumptions (LUA)
•Updated project unit costs
•Water System CIP - changes to water supply and transmission strategy
•Wastewater System CIP – planned wastewater treatment plant expansions
63
Impact Fee Benchmarking:
1 Single-Family Dwelling Unit
17
64
CIAC Recommendation
•Adopt Land Use Assumptions and Capital Improvements Plans for Water and
Wastewater as presented in the Impact Fee Study prepared by Freese and Nichols
in June 2020
•Adopt Water Impact Fee Collection Rate of 50% of Maximum Allowable Impact Fee
•Adopt Wastewater Impact Fee Collection Rate of 50% of Maximum Allowable
Impact Fee
System
2007
Maximum
Allowable
Current
Collection
Rate
2020
Maximum
Allowable
Rate
2020
Recommended
Collection
Rate
Water $1,653 $1,653 $518 $518
Wastewater $815 $815 $4,034 $4,034
Total $2,468 $2,468 $4,552 $4,552
18
65
Suggested Motion
I move to approve an ordinance amending the Land Use
Assumptions, Capital Improvements Plan, and proposed
Water and Wastewater Impact Fees as presented in the
Report, Water and Wastewater Impact Fee Update, dated
June 2020, prepared by Freese and Nichols, Inc.
19
66
December 1, 2020
Questions?
Water and Wastewater Impact Fee Study Update 20
67
68
DRAFT
WATER & WASTEWATER IMPACT FEE
UPDATE
Prepared for:
City of The Colony
June 2020
Prepared by:
FREESE AND NICHOLS, INC.
2711 N. Haskell Avenue, Suite 3300
Dallas, Texas 75204
214-217-2200
FNI Project No. COY19519
69
DRAFT
WATER AND WASTEWATER IMPACT FEE
UPDATE
Prepared for:
City of The Colony
Prepared by:
FREESE AND NICHOLS, INC.
2711 N. Haskell Avenue, Suite 3300
Dallas, Texas 75204
214-217-2200
FNI Project No. COY19519
DRAFT
THIS DOCUMENT IS RELEASED FOR
THE PURPOSE OF INTERIM REVIEW
UNDER THE AUTHORITY OF Cullen
Carlson, P.E., TEXAS NO. 111316 ON
06/23/2020. IT IS NOT TO BE USED
FOR CONSTRUCTION, BIDDING OR
PERMIT PURPOSES.
FREESE AND NICHOLS, INC.
TEXAS REGISTERED ENGINEERING
FIRM F- 2144
70
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
i
TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................................... ES-1
1.0 BACKGROUND .......................................................................................................................... 1-1
2.0 LAND USE ASSUMPTIONS ..................................................................................................... 2-1
2.1 Service Areas ....................................................................................................................................... 2-1
2.2 Historical Population ....................................................................................................................... 2-1
2.3 Projected Population ....................................................................................................................... 2-1
3.0 WATER AND WASTEWATER SYSTEMS ANALYSIS ....................................................... 3-1
3.1 Existing Water and Wastewater Systems ................................................................................ 3-1
3.2 Water and Wastewater Load Projections ................................................................................ 3-1
3.3 Water and Wastewater Model Update ...................................................................................... 3-2
4.0 IMPACT FEE ANALYSIS .......................................................................................................... 4-1
4.1 Eligible CIP Costs ............................................................................................................................... 4-1
4.2 Water and Wastewater Improvements .................................................................................... 4-1
4.3 Service Units........................................................................................................................................ 4-5
4.4 Maximum Impact Fee Calculations ............................................................................................ 4-7
List of Figures
Figure 2-1: Water and Wastewater Impact Fee Service Area ..................................................... 2-2
Figure 2-2: Population by TSZ ...................................................................................................... 2-2
Figure 2-3: Non-Residential Acreage by TSZ ................................................................................ 2-3
Figure 4-1: Water System Impact Fee Capital Improvements ..................................................... 4-2
Figure 4-2: Wastewater System Impact Fee Capital Improvements ........................................... 4-3
List of Tables
Table 1-1: Abbreviations .............................................................................................................. 1-2
Table 2-1: Historical Population ................................................................................................... 2-1
Table 2-2: Water and Wastewater Service Population Projections ............................................ 2-1
Table 2-3: Non-Residential Acreage Projections ......................................................................... 2-1
Table 3-1: Projected Water Demands for Impact Fee Service Area ............................................ 3-2
Table 3-2: Projected Wastewater Flows for Impact Fee Service Area ........................................ 3-2
Table 4-1: Water System Impact Fee Eligible Project Summary................................................. 4-4
Table 4-2: Wastewater System Impact Fee Eligible Project Summary ........................................ 4-4
Table 4-3: Service Unit Equivalencies .......................................................................................... 4-6
Table 4-4: Water and Wastewater Service Units ......................................................................... 4-7
Table 4-5. Maximum Allowable Impact Fees by Meter Size ........................................................ 4-9
Table 4-6: Austin Ranch Impact Fees ......................................................................................... 4-10
71
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
ii
APPENDICES
Appendix A: Water System Impact Fee Project Cost Estimates
Appendix B: Wastewater System Impact Fee Project Cost Estimates
72
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
ES-1
EXECUTIVE SUMMARY
Shrinking funds available for city infrastructure improvements have prohibited many cities from upgrading
infrastructure to meet increasing demands resulting from new growth. To alleviate this issue, many cities
collect “impact fees” from new development to help fund water, wastewater, and roadway improvements
necessitated by such development. These fees provide an objective method for new developments to pay
a share of the costs for impact to the city’s infrastructure. The one-time, up-front charges provide a
predictable cost for new development rather than “negotiated” developer exactions.
The purpose of this report is to summarize the methodology used in the development and calculation of
water and wastewater impact fees for the City of The Colony. The methodology used herein satisfies the
requirements of the Texas Local Government Code Chapter 395 for the establishment of impact fees.
Texas Local Government Code Chapter 395 requires an impact fee analysis before impact fees are set.
Chapter 395 requires that land use assumptions and capital improvement plans be updated at least every
five years.
Land Use Assumptions
Population and land use assumptions are important elements in the analysis of water and wastewater
systems. To assist the City of The Colony in determining the need and timing of capital improvements to
serve future development, a reasonable estimation of future growth is required. Growth and future
development projections were formulated based on assumptions pertaining to the type, location,
quantity, and timing of various future land uses within the community from the 2018 Water and
Wastewater Master Plans. These land use assumptions, which include population projections, are the
basis for the preparation of impact fee capital improvement plans for water and wastewater facilities.
· As of April 2019, the existing population within The Colony’s city limits was approximately 43,455
persons with an estimated 1,341 non-residential acres.
o The City entered into an agreement with developers within the Austin Ranch area in the
southeastern portion of the City to set the impact fees in January of 1998. Therefore, the
Austin Ranch area of the City was excluded from the evaluation of impact fees to be
assessed to the remainder of the City.
· The ten-year (2029) population projection within The Colony’s city limit is 54,547 persons, an
increase of 11,092 persons. Non-residential acreage is projected to increase by 447 acres to a
total of 1,788 acres by 2029.
73
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
ES-2
o The existing population within the city limits, excluding the Austin Ranch development, is
38,701. The projected 2029 population is 44,697. The 10-year population growth,
excluding the Austin Ranch development, is 5,996 persons.
o The existing non-residential acreage within the city limits, excluding the Austin Ranch
development, is 1,269. The projected 2029 non-residential acreage is 1,528. The 10-year
non-residential growth, excluding the Austin Ranch development, is 259 acres.
Maximum Allowable Water Impact Fee
The cost of water capital improvements to serve development projected to occur between 2019 and 2029
is $2,337,055. A 3.0% interest rate compounded annually was used to calculate financing costs. The
increase in the number of service units due to growth over the next ten years is projected as 3,031 service
units. The maximum allowable water impact fee with the credit is $518 per service unit. The maximum
allowable water impact fee calculation is summarized as follows:
Total Capital Improvement Costs = $2,337,055
Financing Costs = $803,751
Total Eligible Costs = $3,140,806
Growth in Service Units = 3,031
Maximum Water Impact Fee = Total Eligible Costs/Growth in Service Units
= $3,140,806 / 3,031
= $1,036 per Service Unit
Maximum Allowable Water Impact Fee = Maximum Impact Fee – Credit (50%)
= $1,036 - $518
= $518 per Service Unit
74
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
ES-3
Maximum Allowable Wastewater Impact Fee
The cost of wastewater system capital improvements to serve development projected to occur between
2019 and 2029 is $18,197,135. A 3.0% interest rate compounded annually was used to calculate financing
costs. The increase in the number of service units due to growth over the next ten years is projected as
3,031 service units. The maximum allowable wastewater impact fee with the credit is $4,034 per service
unit. The maximum allowable wastewater impact fee calculation is summarized as follows:
Total Capital Improvement Costs = $18,197,135
Financing Costs = $6,258,293
Total Eligible Costs = $24,455,428
Growth in Service Units = 3,031
Maximum Wastewater Impact Fee = Total Eligible Costs/Growth in Service Units
= $24,455,428 / 3,031
= $8,068 per Service Unit
Maximum Allowable Wastewater = Maximum Impact Fee – Credit (50%)
Impact Fee = $8,068 - $4,034
= $4,034 per Service Unit
75
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
1-1
1.0 BACKGROUND
Chapter 395 of the Texas Local Government Code requires an impact fee analysis before impact fees can
be created and assessed. Chapter 395 defines an impact fee as “a charge or assessment imposed by a
political subdivision against new development in order to generate revenue for funding or recouping the
costs of capital improvements or facility expansions necessitated by and attributable to the new
development.” In September 2001, Senate Bill 243 amended Chapter 395 thus creating the current
procedure for implementing impact fees. Chapter 395 identifies the following items as impact fee eligible
costs:
· Construction contract price
· Surveying and engineering fees
· Land acquisition costs
· Fees paid to the consultant preparing or updating the capital improvements plan (CIP)
· Projected interest charges and other finance costs for projects identified in the CIP
Chapter 395 also identifies items that impact fees cannot be used to pay for, such as:
· Construction, acquisition, or expansion of public facilities or assets other than those identified on
the capital improvements plan
· Repair, operation, or maintenance of existing or new capital improvements
· Upgrading, updating, expanding, or replacing existing capital improvements to serve existing
development in order to meet stricter safety, efficiency, environmental, or regulatory standards
· Upgrading, updating, expanding, or replacing existing capital improvements to provide better
service to existing development
· Administrative and operating costs of the political subdivision
· Principal payments and interest or other finance charges on bonds or other indebtedness, except
as allowed above
As a funding mechanism for capital improvements, impact fees allow cities to recover the costs associated
with new or facility expansion in order to serve future development. Statutory requirements mandate
that impact fees be based on a specific list of improvements identified in a capital improvements program
and only the cost attributed (and necessitated) by new growth over a ten-year period may be considered.
As projects in the program are completed, planned costs are updated with actual costs to more accurately
reflect the capital expenditure of the program. Additionally, new capital improvement projects may be
added to the system.
76
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
1-2
In June 2019, the City of The Colony authorized Freese and Nichols, Inc. (FNI) to perform an impact fee
analysis on the City’s water and wastewater systems. This report’s purpose is to summarize the
methodology used in the development and calculation of water and wastewater impact fees for the City
of The Colony. The methodology used herein satisfies the requirements of the Texas Local Government
Code Section 395 for the establishment of water and wastewater impact fees.
As part of the impact fee update, FNI conducted workshops with the City’s appointed Capital
Improvements Advisory Committee (CIAC). The CIAC’s role includes recommending a growth rate for
impact fee calculations, reviewing and recommending land use assumptions and Impact Fee Capital
Improvements Plans (CIP), and recommending an impact fee rate to the City Council.
Table 1-1 provides a list of abbreviations used in this report.
Table 1-1: Abbreviations
Abbreviation Full Nomenclature
AWWA American Water Works Association
CIAC Capital Improvements Advisory Committee
CIP Capital Improvements Plan
DWU Dallas Water Utilities
FNI Freese and Nichols, Inc.
GIS Geographic Information Systems
MGD Million Gallons per Day
NCTCOG North Central Texas Council of Government
TSZ Traffic Survey Zone
77
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
2-1
2.0 LAND USE ASSUMPTIONS
Population and land use are important elements in the analysis of water and wastewater systems. Water
demands and wastewater flows depend on the residential population and commercial development
served by the systems and determines the sizing and location of system infrastructure. A thorough analysis
of historical and projected populations, along with land use, provides the basis for projecting future water
demands and wastewater flows.
2.1 SERVICE AREAS
The impact fee service area for this study is defined by the City limits, excluding the Austin Ranch
development in the southern portion of the city. A portion of the development east of the railroad tracks
is provided water service by the City of Plano. The impact fees for Austin Ranch were set by the 1998
Development Agreement Statement of Intent with Billingsley Development Corporation. Figure 2-1
illustrates the water and wastewater impact fee service area for The Colony.
2.2 HISTORICAL POPULATION
Table 2-1 presents the historical populations for the City of The Colony, including the Austin Ranch
development. The data indicated an average growth rate of 2.24% annual growth over the last 7 years.
Table 2-1: Historical Population
Year Population(1)
Population
Growth
Percentage
Growth
2011 36,230 – –
2012 36,590 360 0.99%
2013 37,510 920 2.51%
2014 38,730 1,220 3.25%
2015 39,310 580 1.50%
2016 39,810 500 1.27%
2017 41,160 1,350 3.39%
2018 42,290 1,130 2.75%
Average 2.24%
Maximum 3.39%
(1)Historical populations are based on North Central Texas Council of Government (NCTCOG)
estimates. NCTCOG population values represent the entire city population, including the Austin
Ranch area.
78
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SUSSEX DROTIS DRPARADE DR
DEERWOOD LNH E A R T H S T O N E D R
BUCKSKIN
DR
S
T
ARDRIFT AVE
GLEN MORRIS RD
MISSION AVE
HACK B ERRY CREEK PARK R D
STRAIT LNS IR G A W AINLNCONCORDLNLA
R
IA
TTRLPITKINRDBO N SAIDRNATIO
N DR
RED WOLF LNFRIO WAY
LIMERICK LN
ROUNDT A B LE BLV
DPARAGONDRHARBO R S PRINGSDRDRUIDHILLSDR
MEADOW DRHIGHWOOD TRLBRIAR TREE LN
ROCKWOOD DR
LI
VYLNWLAKE HIGHLAN DS DR
B
E
T
H
PA
G
E
L
O
O
P
HIGHRID
G
EDRSIENNA PL
SHERRY LN
A L IS T E R L N
T O PA Z D R
SA D IE S T
ARIES AVET O W N & C O U N T R Y B L V DLINDSAYGDNSCABAZON DRHIDDENCOV E PAR
KKITE LNJOSEPHINE STMAPLE DRWHISPERINGLAKEDRSANDSTONE DR
BAY HILL DR
CHEETAH TRLKENTSH I RE LN
SAFE HARBOR DR
REPUBLIC DR DALLAS PKWYDARBY LNREGENTPINEHU
RST DR
VERBE N A L NFIDDLERSGREENRD
ARBOR VISTA DRBAY DE VIEUX DR
DAYLIGHT D R
KISOR DR
IVYGR EEN RD
CANOE WAY
BACH BLVDCROWN FOREST DRTRAIL VIEW LNKINGS VIEW DRCAN E HILL DR
C O LT R D
YA C H T C L U B D R
C
Y
P
R
E
S
S P
T
CARUTH LN
S
A
G
E
M
O
N
T D
R
FLICKER ST
A L C O V E D R
LINKS DRPROSPECT DR
LAKE DISTRICT DR
SLEE PY CREEK DR
FOXFIRE LN
REEDER DRSOMERVILLE DRKETTLE CREEK DR
IV Y D RKINGSLEY LNCLEARFORK TRL
H A R V A R D LN
TUMBLING RIVER DR
G O L D E N S P U R
L U N A V IS T A L N
BALFOUR CTGALLANTE DRMORDRED LNC A M P B E L L C T
MIDWAY RDHW Y 121LEBANON RD
STONEBROOK PKWY
LEBA N O NRDBOYD RD
E S H 1 2 1 B U S
Frisco
Carrollton
Lewisville
Plano
Little Elm
Hackberry
Hebron
Dallas
India n C re ekS t e w a rtCreekOffice Creek
M cWh o r t e rCreekMidwa yBranchDRAFT FIGURE 2-1THE COLONYWATER AND WASTEWATER IMPACT FEE SERVICE AREA
Created by Freese and Nichols, Inc.Job No.: COY17543Location: H:\W_WW_PLANNING\01_DELIVERABLES\05_Draft_Report\(Figure_2-1)_Existing_Impact_Fee_Service_Area.mxdUpdated: Tuesday, June 23, 2020 12:22:35 PMUser Name: 03812
!I
LEGEND
Major Basin
The Colony
Austin Ranch
Road
Railroad
Stream
Lake
Parcel
ETJ Boundary
City Limit
Other City Limit
County Boundary 0 3,000
SCALE IN FEET 79
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
2-1
2.3 PROJECTED POPULATION
Projected populations were developed during the development of the Water and Wastewater Master
Plans based on recent City growth patterns and known developments. The City of The Colony total
population (including Austin Ranch) in 2019 was estimated as 43,455, and the population in 2029 is
projected to be 54,547. The 10-year population growth is projected to be 11,092. For the initial 5-year
planning period, FNI assumed a population growth rate of 2.75%, approximately midway between the
historical average and the historical maximum. Much of the growth over the next several years is
expected to occur in the Tribute area, along the Highway 121 corridor, and in the Austin Ranch area.
Population growth is expected to decrease to 2.00% annually, after 2023. During the ten-year planning
horizon, growth is expected south of Highway 121 in the “Grandscape” area and within the Austin Ranch
development. Projected population for the purpose of this Impact Fee study is separated into water and
wastewater service population and population of Austin Ranch, which is within City limits but is excluded
from water and wastewater impact fee area. Projected populations for the water and wastewater
systems are displayed in Table 2-2.
In order to capture growth related to commercial, retail, office, institutional, and industrial development,
existing and 2029 non-residential acreage estimates were developed. Table 2-3 shows the projected non-
residential acreage with water and wastewater service. The existing and future population and non-
residential acreage distribution by NCTCOG traffic survey zone (TSZ) are presented in Figure 2-2 and Figure
2-3, respectively. TSZs are small planning areas used in the demographic forecasting process.
Table 2-2: Water and Wastewater Service Population Projections
Year
Impact Fee Area
Population
Austin Ranch
Population
Total Citywide
Population
2019 38,701 4,754 43,455
2029 44,697 9,850 54,547
Table 2-3: Non-Residential Acreage Projections
Year
Impact Fee Area
(Acres)
Austin Ranch
(Acres)
Total Citywide
(Acres)
2019 1,269 72 1,341
2029 1,528 260 1,788
80
"m
"m
"m
"n
Lake Lewisville COLLIN CO.DENTON CO.DENTON CO.COLLIN CO.SC-238662,401
IC-21,2562,849
WP-53,6633,777
SC-201,7191,960
SC-91,4221,593
IC-33,3524,808
SC-222,5222,797
SC-212,7663,860
SC-42,0932,173
IC-11462,194
SC-191,7111,831
WP-13351,500
SC-172,9762,994
SC-51,6141,691
SC-131,4981,605
SC-162,1602,243
SC-2569598
SC-101,1391,234
SC-3662773SC-61,1621,222
SC-85,5405,585
SC-7698759
SC-149981,041
WP-4249
SC-18495570
SC-12805842
SC-11555590
SC-15539574
WP-300
WP-2190415
SC-1221
MAIN STN JOSEY LNFM 5 44 FM 423S H 1 2 1
PLANO PKWY
PARKER RD
E HEBRON PKWY
N C O LONYBLVDWINDHAVENPKW YME M ORIALDRMARSH LNTEEL PKWYPAIGE RDLEGACY DRBOYD RD
STONEBROOK PKWY
FM 2281LEBANONRD4TH ARMY DRE S H 1 2 1 B U S
S CO L ONYBLVD
K IN GARTHURBLVDBAKER DR
MERLINDRE HILL PARK RDMIDWAY RD
CHARLES STCRIDER RDSTANDRIDGE DRPOLSER RDFISH HATCHERY RDRA GANRD
D
O
ZI
E
R
RDLAVACA TR
LEWISVILLE LAKE DAM
TIMB ER RIDGE D R
H W Y 121LONESTARRANCHPKWYPINE LNANGEL FALLS DR
H I G H S H O A L S D R
E B RANCH H O L L O W D R
S Q U IR E S D R
O X F ORDWLEBANONRDNORR I S DRROSE LNMARE RD
LAKERIDGE RDWSTONE B R O O K PKWY
AVALONDRFLOWERS DR
CITATION CT
COTTON GIN RD
MCKAMY TRL
PROVINCE DRNLEORA LNIVEY
FURNEAUXLNL ILA CLNARBORCREEKDRG REENVIEWDR SPRINGCREEKPKWYTAYLORS
T
ARBOR GLEN RD
MILL B AN K
ETHRIDGE DRKELLY B L V D
RICE DR
LADY OFTHELAKE
BLVD
COUNT R Y S I DE
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ARSHR
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DL
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TADRKENSINGTON DR
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ASSDRBAR C L AY DR
OLD
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ATERDMCKAMEY TR
ADAMS DR
LIAM DR
ELMSTMEDICAL PKWYSTEINBECK STOAKLANDH I L L S L N
CL
EARWATER TRCURRY DRDELWEBBBLVD
HIDA L G O LN
CO L U M BIN E W Y
PERRIN ST TEXAS DRC R O WNPARK L N
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PARK RIDGE PLRAWLINS LNSHERM A N DR TRAILSIDE DRBILTMOOREDRBRANDENBURG LNHONEYBEELN
DAVIDSON STTRINITY DRHIDDENCREEKLNTWIN FALLS DRC A L D W E L L A V E
VIRGINIAPINEDRE C H O LS DRBRESEE DR
HIGHCOUN TRYDRLOM A R DR OSAGE PLTITTLE DRINTERN
A
TIONALPKWY
DIAMONDPOINTLN
L A DYBA NK
DIAMO N D R ID GE D R
B RI AR RIDGELN
CHEYENNEDRSIR TURQUIN LNCOOKIE LN
LEGEND
L
NINDIAN TRLCREST S IDE DR
VOYAGE R DR
NAVARRO WAY
CHESTERFIELD DRCONEYISLANDDR
PAT R I O T D R CANAL STIVY LN
RUSSELL DR
A
N
N
A
AVE
MESADRWINEHARTSTKIN G S BARNSL O N G V U E D R
SUSSEX DROTIS DRPARADE DR
DEERWOOD LNH E A R T H S T O N E D R
S
T
ARDRIFT AVE
GLEN MORRIS RD
MISSION AVE
HACK B ERRY CREEK PARK R D
STRAIT LNS IR G A W AINLNLA
R
IA
TTRLPITKINRDBO N SAIDRNATIO
N DR
RED WOLF LNFRIO WAY
LIMERICK LN
ROUNDT A B LE BLV
DPARAGONDRHARBO R S PRINGSDRDRUIDHILLSDR
MEADOW DRHIGHWOOD TRLBRIAR TREE LN
LI
VYLNB
E
T
H
PA
G
E
L
O
O
P
HIGHRID
G
EDRSIENNA PL
SHERRY LN
A L IS T E R L N
T O PA Z D R
SA D IE S T
ARIES AVET O W N & C O U N T R Y B L V DCABAZON DRHIDDENCOV E PAR
KKITE LNJOSEPHINE STWHISPERINGLAKEDRSANDSTONE DR
BAY HILL DR
CHEETAH TRLKENTSH I RE LN
SAFE HARBOR DR
REPUBLIC DR DALLAS PKWYPINEHU
RST DR
VERBE N A L NFIDDLERSGREENRD
ARBOR VISTA DRBAY DE VIEUX DR
DAYLIGHT D R
KISOR DR
IVYGR EEN RD
CANOE WAY
BACH BLVDCROWN FOREST DRTRAIL VIEW LNKINGS VIEW DRCAN E HILL DR
C O LT R D
YA C H T C L U B D R
C
Y
P
R
E
S
S P
T
CARUTH LN
S
A
G
E
M
O
N
T D
R
FLICKER ST
A L C O V E D R
LINKS DRPROSPECT DR
LAKE DISTRICT DR
SLEE PY CREEK DR
REEDER DRSOMERVILLE DRKETTLE CREEK DRKINGSLEY LNCLEARFORK TRL
H A R V A R D LN
TUMBLING RIVER DR
G O L D E N S P U R
L U N A V IS T A L N
BALFOUR CTGALLANTE DRMORDRED LNC A M P B E L L C T
LEB ANON RD
STONEBROOK PKWY
MIDWAY RDHW Y 121E S H 1 2 1 B U S
Frisco
Carrollton
Lewisville
Plano
Little Elm
Hebron
Hackberry
Dallas
India n C re ekS t e w a rtCreekOffi c e C r e e k
M cWh o r t e rCreekMidwa yBranchDRAFT FIGURE 2-2THE COLONYPOPULATION GROWTH BY TSZ
Created by Freese and Nichols, Inc.Job No.: COY17543Location: H:\W_WW_PLANNING\01_DELIVERABLES\05_Draft_Report\(Figure_2-2)_Pop_Growth_by_TSZ.mxdUpdated: Tuesday, June 23, 2020 12:30:17 PMUser Name: 03812
!I
LEGEND
The Colony
Austin Ranch
Road
Railroad
Stream
Lake
Parcel
ETJ Boundary
City Limit
Other City Limit
County Boundary
0 3,000
SCALE IN FEET
Sub-Basin ID2019 Population (Total 43,455)2029 Population (Total 54,547)
WC - Wynwood PeninsulaSC - Stewart CreekIC - Indian Creek
BASIN
81
"m
"m
"m
"n
Lake Lewisville COLLIN CO.DENTON CO.DENTON CO.COLLIN CO.IC-21397
SC-23297340
WP-51619
IC-301
SC-20175258
SC-93334
IC-159162
SC-22262301
SC-21152154
SC-41010
SC-194747
WP-100
SC-1777
SC-51616
SC-135050
SC-161829
SC-22626
SC-1088
SC-311SC-63434
SC-81515
SC-73535
SC-1400
WP-422
SC-183232
SC-121313
SC-1144
SC-151313
WP-3068
WP-2310
SC-101
MAIN STN JOSEY LNFM 5 44 FM 423S H 1 2 1
PLANO PKWY
PARKER RD
E HEBRON PKWY
N C O LONYBLVDWINDHAVENPKW YME M ORIALDRMARSH LNTEEL PKWYPAIGE RDLEGACY DRBOYD RD
STONEBROOK PKWY
FM 2281LEBANONRD4TH ARMY DRE S H 1 2 1 B U S
S CO L ONYBLVD
K IN GARTHURBLVDBAKER DR
MERLINDRE HILL PARK RDMIDWAY RD
CHARLES STCRIDER RDSTANDRIDGE DRPOLSER RDFISH HATCHERY RDRA GANRD
D
O
ZI
E
R
RDLAVACA TR
LEWISVILLE LAKE DAM
TIMB ER RIDGE D R
H W Y 121LONESTARRANCHPKWYPINE LNANGEL FALLS DR
H I G H S H O A L S D R
E B RANCH H O L L O W D R
S Q U IR E S D R
O X F ORDWLEBANONRDNORR I S DRROSE LNMARE RD
LAKERIDGE RDWSTONE B R O O K PKWY
AVALONDRFLOWERS DR
CITATION CT
COTTON GIN RD
MCKAMY TRL
PROVINCE DRNLEORA LNIVEY
FURNEAUXLNL ILA CLNARBORCREEKDRG REENVIEWDR SPRINGCREEKPKWYTAYLORS
T
ARBOR GLEN RD
MILL B AN K
ETHRIDGE DRKELLY B L V D
RICE DR
LADY OFTHELAKE
BLVD
COUNT R Y S I DE
F
RIS
COLA K ESDRM
ARSHR
I
D
G
E
R
DL
A
C
O
S
TADRKENSINGTON DR
STONEBRIAR DRCOM
P
ASSDRBAR C L AY DR
OLD
G
ATERDMCKAMEY TR
ADAMS DR
LIAM DR
ELMSTMEDICAL PKWYSTEINBECK STOAKLANDH I L L S L N
CL
EARWATER TRCURRY DRDELWEBBBLVD
HIDA L G O LN
CO L U M BIN E W Y
PERRIN ST TEXAS DRC R O WNPARK L N
RO C KCREEKPKWYO A K CREEK DR
CEDAR
RANCHRD
PARK RIDGE PLRAWLINS LNSHERM A N DR TRAILSIDE DRBILTMOOREDRBRANDENBURG LNHONEYBEELN
DAVIDSON STTRINITY DRHIDDENCREEKLNTWIN FALLS DRC A L D W E L L A V E
VIRGINIAPINEDRE C H O LS DRBRESEE DR
HIGHCOUN TRYDRLOM A R DR OSAGE PLTITTLE DRINTERN
A
TIONALPKWY
DIAMONDPOINTLN
L A DYBA NK
DIAMO N D R ID GE D R
B RI AR RIDGELN
CHEYENNEDRSIR TURQUIN LNCOOKIE LN
LEGEND
L
NINDIAN TRLCREST S IDE DR
VOYAGE R DR
NAVARRO WAY
CHESTERFIELD DRCONEYISLANDDR
PAT R I O T D R CANAL STIVY LN
RUSSELL DR
A
N
N
A
AVE
MESADRWINEHARTSTKIN G S BARNSL O N G V U E D R
SUSSEX DROTIS DRPARADE DR
DEERWOOD LNH E A R T H S T O N E D R
S
T
ARDRIFT AVE
GLEN MORRIS RD
MISSION AVE
HACK B ERRY CREEK PARK R D
STRAIT LNS IR G A W AINLNLA
R
IA
TTRLPITKINRDBO N SAIDRNATIO
N DR
RED WOLF LNFRIO WAY
LIMERICK LN
ROUNDT A B LE BLV
DPARAGONDRHARBO R S PRINGSDRDRUIDHILLSDR
MEADOW DRHIGHWOOD TRLBRIAR TREE LN
LI
VYLNB
E
T
H
PA
G
E
L
O
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P
HIGHRID
G
EDRSIENNA PL
SHERRY LN
A L IS T E R L N
T O PA Z D R
SA D IE S T
ARIES AVET O W N & C O U N T R Y B L V DCABAZON DRHIDDENCOV E PAR
KKITE LNJOSEPHINE STWHISPERINGLAKEDRSANDSTONE DR
BAY HILL DR
CHEETAH TRLKENTSH I RE LN
SAFE HARBOR DR
REPUBLIC DR DALLAS PKWYPINEHU
RST DR
VERBE N A L NFIDDLERSGREENRD
ARBOR VISTA DRBAY DE VIEUX DR
DAYLIGHT D R
KISOR DR
IVYGR EEN RD
CANOE WAY
BACH BLVDCROWN FOREST DRTRAIL VIEW LNKINGS VIEW DRCAN E HILL DR
C O LT R D
YA C H T C L U B D R
C
Y
P
R
E
S
S P
T
CARUTH LN
S
A
G
E
M
O
N
T D
R
FLICKER ST
A L C O V E D R
LINKS DRPROSPECT DR
LAKE DISTRICT DR
SLEE PY CREEK DR
REEDER DRSOMERVILLE DRKETTLE CREEK DRKINGSLEY LNCLEARFORK TRL
H A R V A R D LN
TUMBLING RIVER DR
G O L D E N S P U R
L U N A V IS T A L N
BALFOUR CTGALLANTE DRMORDRED LNC A M P B E L L C T
LEB ANON RD
STONEBROOK PKWY
MIDWAY RDHW Y 121E S H 1 2 1 B U S
Frisco
Carrollton
Lewisville
Plano
Little Elm
Hebron
Hackberry
Dallas
India n C re ekS t e w a rtCreekOffi c e C r e e k
M cWh o r t e rCreekMidwa yBranchDRAFT FIGURE 2-3THE COLONYNON-RESIDENTIAL ACREAGE BY TSZ
Created by Freese and Nichols, Inc.Job No.: COY17543Location: H:\W_WW_PLANNING\01_DELIVERABLES\05_Draft_Report\(Figure_2-3)_NonResAcres_by_TSZ.mxdUpdated: Tuesday, June 23, 2020 1:45:57 PMUser Name: 03812
!I
LEGEND
The Colony
Austin Ranch
Road
Railroad
Stream
Lake
Parcel
ETJ Boundary
City Limit
Other City Limit
County Boundary
0 3,000
SCALE IN FEET
Sub-Basin ID2019 Non-Residential Acreage (Total 1,341)2029 Non-Residential Acreage (Total 1,787)
WC - Wynwood PeninsulaSC - Stewart CreekIC - Indian Creek
BASIN
82
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
3-1
3.0 WATER AND WASTEWATER SYSTEMS ANALYSIS
A capital improvements plan (CIP) based on the growth patterns shown in the land use assumptions was
developed for the City of The Colony in conjunction with the Water and Wastewater Master Plan updates
performed by FNI in 2019. The recommended improvements will provide the required capacity to meet
projected water demands and wastewater flows. The water and wastewater projects required to meet
growth in the 10-year period were used in the impact fee analysis.
3.1 EXISTING WATER AND WASTEWATER SYSTEMS
The existing water distribution system currently consists of a network of water lines, five pump stations,
four elevated storage tanks, seven ground storage tanks, five groundwater well sites, and one automated
control valve for filling the Tribute Ground Storage Tank. The City primarily relies on wholesale water
suppliers to provide water to its customers. The City purchases treated water from Dallas Water Utilities
(DWU), and the City of Plano. Additionally, existing groundwater wells are maintained to supplement
supply and buffer summer peak demands. The distribution system is separated into two pressure planes
(PPs): the Tribute PP, which encompasses the Wynnwood Peninsula in the northwestern portion of the
service area, and The Colony PP, which generally encompasses the reminder of the City limits, excluding
the Austin Ranch area.
The existing wastewater system consists of approximately 210 miles of wastewater lines ranging in
diameter from 3-inch to 36-inch in diameter. The City has 3 wastewater basins: Wynnwood Peninsula in
the north, Stewart Creek in the central area, and Indian Creek in the area generally south of Highway 121.
The City operates 14 lift stations to overcome topography, transfer flow between basins, and ultimately
convey flows to the Wastewater Treatment Plant (WWTP), located in the Stewart Creek basin.
3.2 WATER AND WASTEWATER LOAD PROJECTIONS
The population and land use data were used to develop future water demands and wastewater flows
based on a projected average day per capita use and peaking factors. The design criteria used to project
water demands and wastewater flows were developed based on recent historical data.
Historical data from 2010 through 2018 was analyzed and used in conjunction with NCTCOG population
data for the development of projected water usage rates and peaking factors. Table 3-1 presents the
83
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
3-2
projected water demands, and Table 3-2 presents the projected wastewater flows for the City of The
Colony water and wastewater service areas, respectively.
Table 3-1: Projected Water Demands for Impact Fee Service Area
Year Population(2)
Average Day
Demand
(MGD)
Maximum
Day
Demand
(MGD)
Peak Hour
Demand
(MGD)
2019 38,701 4.84 9.68 17.42
2029 44,697 5.59 11.17 20.11
(1) Water Service Area population projection and projected water demands do not include the Austin Ranch
development.
Table 3-2: Projected Wastewater Flows for Impact Fee Service Area
Year Population(1)
Average Annual
Daily Flow
(MGD)
Peak Wet
Weather Flow
(MGD)
2019 38,701 3.10 11.07
2029 44,697 3.63 14.49
(1) Wastewater Service Area population projection and projected wastewater flow does not include the Austin Ranch
development.
3.3 WATER AND WASTEWATER MODEL UPDATE
Hydraulic analysis of existing and future scenarios provides the ability to identify system deficiencies as
well as size ultimate infrastructure and determine phasing. The City’s existing water and wastewater
hydraulic models were updated by FNI staff to reflect the updated demands and wastewater flows for the
impact fee period as well as include the recommended CIP projects for the impact fee time period. Using
the hydraulic models, percent utilization of infrastructure, both existing and proposed, was determined
for the 2019 and 2029 planning periods, and thus impact fee eligible costs can be calculated from total
capital cost.
84
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
4-1
4.0 IMPACT FEE ANALYSIS
The impact fee analysis involves determining the utilization of existing and proposed projects required as
defined by the capital improvement plan to serve new development over the next 10-year time period.
For existing or proposed projects, the impact fee is calculated as a percentage of the project cost, based
upon the percentage of the project’s capacity required to serve development projected to occur between
2019 and 2029. Capacity serving existing development and development projected for more than 10 years
in the future cannot be charged to impact fees.
4.1 ELIGIBLE CIP COSTS
The proposed 10-year water system impact fee eligible projects are shown on Figure 4-1. Project A has
been constructed and is currently in use but will continue to serve growth throughout the 10-year period.
Project 1 is proposed and will be constructed within the next 10 years. The proposed 10-year wastewater
system impact fee eligible projects are shown on Figure 4-2. Projects A and B have been constructed, and
projects 1 through 4 are proposed to be constructed over the next 10 years. Projects AR-1 through AR-5
are proposed to be constructed within the Austin Ranch area and are not included as eligible costs for the
purposes of this study because they are already covered in an existing agreement with Billingsley
Development Corporation.
4.2 WATER AND WASTEWATER IMPROVEMENTS
Proposed water and wastewater system projects to serve the system were developed as part of the Water
and Wastewater Master Plan report developed in 2019. These projects served as the basis for the Impact
Fee CIP. A summary of the costs for each of the eligible projects required for the 10-year growth period
used in the impact fee analysis for both the water and wastewater systems are shown in Tables 4-1 and
4-2, respectively. The 2019 percent utilization is the portion of a project’s capacity required to serve
existing development. It is not included in the impact fee analysis. The 2029 percent utilization is the
portion of the project’s capacity that will be required to serve the City of the Colony in 2029. The 2019-
2029 percent utilization is the portion of the project’s capacity required to serve development projected
to occur from 2019-2029. The portion of a project’s total cost that is used to serve development projected
to occur from 2019 through 2029 is calculated as the total actual cost multiplied by the 2019-2029 percent
utilization. Only this portion of the cost is used in the impact fee analysis.
85
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Lake Lewisville COLLIN CO.DENTON CO.DENTON CO.COLLIN CO.Main and Whitt PS #2 (1) - 0.4 MG Ground Storage Tank(1) - 0.6 MG Ground Storage Tank(1) - 500 gpm Pump(1) - 700 gpm Pump(2) - 1,400 gpm Pumps
Office C reek PS #4 (2) - 3.0 MG Ground Storage Tanks(1) - 2,000 gpm Pump(2) - 4,500 gpm Pumps(1) - 6,000 gpm Pump
Clover Valley PS #1(1) - 0.4 MG Ground Storage Tank(2) - 500 gpm Pumps(1) - 1,300 gpm Pump
1.0 MG Chesapeake EST #3Overflow Elev. = 735'
0.5 MG Clover E ST #1Overflow Elev. = 735'
Tribute PS(1) - 1.0 MG Ground Storage Tank (2) - 1,000 gpm Pumps (2) - 1,000 gpm Pumps
0.5 MG N Colony ES T #2Overflow Elev. = 735'
1.0 MG Tribute ESTOverflow Elev. = 698'
N Colony PS #3(1) - 1.0 MG Ground Storage Tank(2) - 2,100 gpm Pumps
Trinity Well #2Capacity = 1,500 gpm
Paluxy Well #2Capacity = 610 gpm
Trinity Well #4Capacity = 2,180 gpm
Trinity Well #1Capacity = 175 gpm
Trinity Well #3Capacity = 2,000 gpm
1.0 MG Proposed EST
(124"12"18"14"20"16"18"12"1
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DRAFT FIG URE 4-1THE CO LONYWATER SY STEM IMPACT FEECAPITAL IMPROVEMENT PLANLEGEND
Existing E ligible
[Ú Pu mp Station
Proposed Improvements
(#UT Elevated Storag e Ta nk
Existing S ystem
!(W Groun dwater Well
[Ú Pu mp Station
UT Groun d Storage Tan k
(#UT Elevated Storag e Ta nk
10" a nd SmallerWater Lin e
12" a nd LargerWater Lin e
DWU Supply Line
Road
Railro ad
Stream
Lake
Pa rce l
The Colony
Au stin Ran ch
ETJ Bou ndary
City Limit
Other C ity Limit
County Bou ndary
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Created By Freese and Nichols, Inc.Job N o.: (Manually Type Job Number Here)Locati on: H:\W_WW_PLANNING\01_DELIVERABLES\05_Draft_Report\(Figure_4-1)_Water_System_Impact_Fee_CIP.mxdUpdated: Friday, August 21, 2020 11:44:57 AMUser N am e: 03669
0 3,0 00
SCALE IN FEET 86
Vä
Vä
Vä
Vä
Vä
Vä
Vä
Vä
Vä
Vä
Vä
VäVäVä
Vä
Vä
TXWWTP
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(A
(B
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TAR-3
TAR-4
TAR-5
TAR-5
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TAR-1
TAR-1
TAR-1
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30''
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"m
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AACCCCMTTOLL
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Lake Lewisville COLLIN CO.DENTON CO.DENTON CO.COLLIN CO.MasterLift Station 1Existing Capacity: 10.0 MGD
WynnwoodLift StationExisting Capacity: 1.9 MGD2028 Capacity: 2.5 MGD
CottonwoodLift Station
Water EdgeLift Station
EastvaleLift Station B.B. OwensLift Station
IolaLift Station
The Colony WWTPExisting Capacity: 3.8 MGD2019 Capacity: 4.5 MGDDewatering Upgrade2028 Capacity: 6.1 MGD
RidgepointLift Station
Austin RanchLift StationExisting Capacity: 2.7 MGD2023 Capacity: 3.7 MGD2028 Capacity: 5.8 MGD
TributeLift Station
Stewart CreekLift Stations
(1 (4
Parallel 12-inch Force Mainwith 12-inch Force Main
North Trunk Sewer LineUnder Construction
(3
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DRAFT FIGURE 4-2CITY OF THE COLONYWASTEWATER SYSTEM IMPACT FEECAPITAL IMPROVEMENTS PLAN
!I
Created By Freese and Nichols, Inc.Job No.: (Manually Type Job Number Here)Location: H:\W_WW_PLANNING\01_DELIVERABLES\05_Draft_Report\(Figure_4-2)_Wastewater_System_Impact_Fee_CIP.mxdUpdated: Wednesday, July 8, 2020 1:18:28 PMUser Name: 03812
0 3,000
SCALE IN FEET
LEGEND
Existing Wastewater SystemVäLift StationTXWWTPWastewater Treatment Plant
8" and Smaller Wastewater Line
10" and Larger Wastewater Line
Force Main
Road
Railroad
Stream
Lake
Parcel
The Colony
Austin Ranch
ETJ Boundary
City Limit
Other City Limit
County Boundary
PROPOSEDIMPROVEMENTS
Existing Eligible
Wastewater Line
Proposed Improvements
Vä Lift Station
Wastewater Line
Austin Ranch Development
Vä Lift Station
Wastewater Line
Force Main 87
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
4-4
Table 4-1: Water System Impact Fee Eligible Project Summary
No. Description of Project
Percent Utilization Costs Based on 2019 Dollars
2019(1) 2029 2019-2029 Capital Cost
10-Year
(2019-2029)
EXISTING
A New Pump at Tribute Pump Station 40% 90% 50% $69,470 $34,735
B Impact Fee Studies (2019-2029) 0% 100% 100% $49,680 $49,680
Existing Project Sub-total $119,150 $84,415
PROPOSED
1 1 MG Elevated Storage Tank 0% 40% 40% $5,631,600 $2,252,640
Proposed Project Sub-total $5,631,600 $2,252,640
Total Capital Improvements Cost $5,750,750 $2,337,055
(1) Utilization in 2019 on proposed projects indicates a portion of the project that will be used to address deficiencies within the existing
system, and therefore are not eligible for impact fee cost recovery for future growth.
Table 4-2: Wastewater System Impact Fee Eligible Project Summary
No. Description of Project
Percent Utilization Costs Based on 2019 Dollars
2019(1) 2029 2019-2029 Capital Cost
10-Year
(2019-2029)
EXISTING
A North Trunk Sewer 35% 50% 15% $2,843,300 $426,495
B Phase 1 WWTP Expansion to 4.5 MGD 0% 70% 70% $17,388,600 $12,172,020
C Impact Fee Studies (2019-2029) 0% 100% 100% $49,680 $49,680
Existing Project Sub-total $20,281,580 $12,648,195
PROPOSED
1 Phase 2A WWTP Dewatering Upgrade 60% 70% 10% $11,000,000 $1,100,000
2 Gravity Sewer Along Curry Road 80% 90% 10% $1,713,200 $171,320
3 Wynnwood Lift Station Rehabilitation 75% 95% 20% $1,388,100 $277,620
4 Phase 2B WWTP Capacity Expansion 0% 10% 10% $40,000,000 $4,000,000
Proposed Project Sub-total $54,101,300 $5,548,940
PROPOSED AUSTIN RANCH
AR-1 New 20-Inch Austin Ranch Force Main(2) – – – $3,797,900 –
AR-2 Austin Ranch Lift Station Pumps Upgrade – – – $778,300 –
AR-3 Serve New Development in East Austin Ranch in IC-3 – – – $816,800 –
AR-4 Serve Development in Austin Ranch West of Plano
Parkway
– – – $1,363,800 –
AR-5 Parallel 12-inch Force Main – – – $1,829,900 –
Proposed Austin Ranch Sub-total $9,131,510 –
Total The Colony Capital Improvements Cost (excludes Austin Ranch) $74,382,880 $18,197,135
(1) Utilization in 2019 on proposed projects indicates a portion of the project that will be used to address deficiencies within the existing
system, and therefore are not eligible for impact fee cost recovery for future growth.
(2) The 20-inch Austin Ranch Force Main will be built by The Colony but will only convey wastewater flow generated in the Austin Ranch
development. Therefore, this project is not included in the impact fee calculation for the City.
88
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
4-5
4.3 SERVICE UNITS
The maximum impact fee may not exceed the amount determined by dividing the cost of capital
improvements required by the total number of service units attributed to new development during the
impact fee eligibility period. A water service unit is defined as the service equivalent to a water connection
for a single-family residence.
The service associated with public, commercial, and industrial connections is converted into service units
based upon the capacity of the meter used to provide service. The number of service units required to
represent each meter size is based on the safe maximum operating capacity of the appropriate meter
type. American Water Works Association (AWWA) standards C708 (Cold Water Meters – Multi-jet Type),
C701 (Cold Water Meters – Class I Turbine Type), and C702 (Cold Water Meters – Compound Type) were
used to determine the safe maximum operating capacity. The service unit equivalent for each meter size
used by the City is listed in Table 4-3.
89
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
4-6
Table 4-3: Service Unit Equivalencies
Typically, in the City of The Colony, single-family residences are served with a 5/8 x 3/4-inch or 3/4-inch
water meter. Larger meters represent multi-family, public, commercial, and industrial water use. The City
provided data that included the meter size of each active water meter. The growth in water meters was
projected using population growth projections and land use assumptions. The growth in service units was
determined by subtracting the existing service units from the projected 2029 service units and results in
a growth of 3,031 water service units over the 10-year period. Table 4-4 shows the water and wastewater
service units for 2019 and the projected service units for 2029.
90
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
4-7
Table 4-4: Water and Wastewater Service Units
Meter Size 2019 Meters
2019 Service
Units
2029
Meters
2029
Service
Units
Growth in
Service
Units
5/8" x 3/4” PD 10,628 10,628 12,275 12,275 1,647
3/4" PD 1,900 2,850 2,194 3,291 441
1" PD 148 370 171 428 58
1 1/2" PD 113 565 136 680 115
2" Compound 352 2,816 424 3,392 576
3" Compound 44 704 53 848 144
4” Compound 11 275 13 325 50
Total 13,196 18,208 15,266 21,239 3,031
4.4 MAXIMUM IMPACT FEE CALCULATIONS
Texas Government Code Chapter 395 outlines the procedures and requirements for calculating maximum
allowable impact fees to recover costs associated with capital improvement projects needed due to
growth over a 10-year period. Chapter 395 also requires a plan that addresses possible duplication of
payments for capital improvements. This plan can either provide a credit for the portion of revenues
generated by new development that is used for the payment of eligible improvements, including payment
of debt, or reduce the total eligible project costs by 50 percent. The City of The Colony has selected to
utilize the reduction of the total eligible project costs by 50 percent to determine the maximum allowable
impact fees.
Chapter 395 of the Texas Local Government Code states that the maximum impact fee may not exceed
the amount determined by dividing the cost of capital improvements required by the total number of
service units attributed to new development during the impact fee eligibility period less the credit to
account for water and wastewater revenues used to finance capital improvement plans.
The total projected costs include the projected capital improvement costs to serve 10-year development,
the projected finance cost for the capital improvements, and the consultant cost for preparing and
updating the Capital Improvements Plan. A 3.0% interest rate was used to calculate financing costs. Table
4-5 displays the maximum allowable impact fee for water and wastewater by meter size.
91
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
4-8
Water Impact Fee:
Total Capital Improvement Costs = $2,337,055
Financing Costs = $803,751
Total Eligible Costs = $3,140,806
Growth in Service Units = 3,031
Maximum Water Impact Fee = Total Eligible Costs/Growth in Service Units
= $3,140,806/ 3,031
= $1,036 per Service Unit
Maximum Allowable Water Impact Fee = Maximum Impact Fee – Credit (50%)
= $1,036 - $518
= $518 per Service Unit
Current Maximum Allowable Water
Impact Fee
= $1,653 per Service Unit
Wastewater Impact Fee:
Total Capital Improvement Costs = $18,197,135
Financing Costs = $6,258,293
Total Eligible Costs = $24,455,428
Growth in Service Units = 3,031
Maximum Wastewater Impact Fee = Total Eligible Costs/Growth in Service Units
= $24,455,428 / 3,031
= $8,068 per Service Unit
Maximum Allowable Wastewater
Impact Fee
= Maximum Impact Fee – Credit (50%)
= $8,068 - $4,034
= $4,034 per Service Unit
Current Maximum Allowable
Wastewater Impact Fee
= $815 per Service Unit
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DRAFT Water & Wastewater Impact Fee Update
City of The Colony
4-9
Table 4-5. Maximum Allowable Impact Fees by Meter Size
Meter Size
Service Unit
Equivalent
Water Impact
Fee(1)
Wastewater
Impact Fee(1)
Water and
Wastewater
Total Impact
Fee(1)
5/8" PD 1.0 $518 $4,034 $4,552
3/4" PD 1.5 $777 $6,051 $6,828
1" PD 2.5 $1,295 $10,085 $11,380
1 1/2" PD 5.0 $2,590 $20,170 $22,760
2” PD 8.0 $4,144 $32,272 $36,416
2" Compound 8.0 $4,144 $32,272 $36,416
2” Turbine 10.0 $5,180 $40,340 $45,520
3" Compound 16.0 $8,288 $64,544 $72,832
3” Turbine 24.0 $12,432 $96,816 $109,248
4” Compound 25.0 $12,950 $100,850 $113,800
4” Turbine 42.0 $21,756 $169,428 $191,184
6” Compound 50.0 $25,900 $201,700 $227,600
6” Turbine 92.0 $47,656 $371,128 $418,784
8” Compound 80.0 $41,440 $322,720 $364,160
8” Turbine 160.0 $82,880 $645,440 $728,320
10” Turbine 250.0 $129,500 $1,008,500 $1,138,000
(1) Based on maximum allowable water and wastewater impact fees.
Table 4-6 summarizes the Impact Fees for the Austin Ranch Development. This schedule of fees was set
as part of the 1998 Development Agreement with the Billingsley Development Corporation. The impact
fees within the development were not evaluated as part of this report. The table below is being provided
as reference.
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DRAFT Water & Wastewater Impact Fee Update
City of The Colony
4-10
Table 4-6: Austin Ranch Impact Fees(2)
Meter Size Water Impact Fee(1) Wastewater Impact
Fee(1)
Water and Wastewater
Total Impact Fee(1)
5/8" $349 $704 $1,053
3/4" $524 $774 $1,298
1" Simple $873 $1,267 $2,140
1 1/2" Simple $1,745 $2,603 $4,348
2” Simple $2,792 $4,221 $7,013
2" Compound $2,792 $4,221 $7,013
2” Turbine $2,792 $4,221 $7,013
3" Compound $5,584 $8,442 $14,026
3” Turbine $6,108 $8,216 $14,324
4” Compound $8,725 $13,156 $21,881
4” Turbine $10,994 $16,603 $27,597
6” Compound $17,450 $26,382 $43,832
6” Turbine $24,430 $36,934 $61,364
8” Compound $27,920 $42,210 $70,130
8” Turbine $41,880 $63,315 $105,195
10" Compound $40,135 $60,642 $100,777
10” Turbine $66,310 $100,249 $166,559
(1) Based on maximum allowable water and wastewater impact fees.
(2) As determined in the 1998 Developer Agreement between the Billingsley Developer
Corporation and the City of The Colony
94
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
Appendix A: Water System Impact Fee Project Cost Estimates
95
1 short
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 1 LS 350,000$ 350,000$
2 1 LS 2,750,000$ 2,750,000$
3 1 LS 80,000$ 80,000$
4 1 Ac 250,000$ 250,000$
5 1 LS 180,000$ 180,000$
3,610,000$
30%1,083,000$
4,693,000$
20%938,600$
5,631,600$
5,631,600$
SUBTOTAL:
Estimated Project Total:
Comments:
SUBTOTAL:
CONTINGENCY
SUBTOTAL:
ENG/SURVEY
SCADA System Improvements
Land Acquisition
Residual Control System
Opinion of Probable Construction Cost
DESCRIPTION
Misc. Tank Site Work
1.0 MG Elevated Storage Tank
Project Description:Vicinity Map
Construct a new 1.0 MG EST in the Grandscape area.
Project Drivers:
An elevated storage shortfall was projected beginning in 2023. A new 1.0
EST will provide supplemental elevated storage to meet requirements
through Buildout conditions. Additionally, situating the EST in the
Grandscape area will increase fire-flow storage in the area.
Construction Project Number:Phase:
Project Name:1.0 MG Elevated Storage Tank
Capital Improvement Cost Estimate Costs in 2018 Dollars
City of The Colony
96
DRAFT Water & Wastewater Impact Fee Update
City of The Colony
Appendix B: Wastewater System Impact Project Cost Estimate
97
1 SHORT
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 1 LS 11,000,000$ 11,000,000$
11,000,000$
0%-$
11,000,000$
0%-$
11,000,000$
11,000,000$
Capital Improvement Cost Estimate Cost Estimate in 2019 Dollars
City of The Colony
Construction Project Number:Phase:
Project Name:Phase 2A Dewatering Upgrade at WWTP
Opinion of Probable Construction Cost
DESCRIPTION
Dewatering Upgrade
Project Description:Vicinity Map
This project will upgrade the dewatering equipment at the WWTP.
Project Drivers:
The City has a need to upgrade the dewatering equipment at the WWTP in
the near future.
SUBTOTAL:
Estimated Project Total:
Comments: Cost estimate provided by Carollo Engineers.
SUBTOTAL:
CONTINGENCY
SUBTOTAL:
ENG/SURVEY
B-1 98
Capital Improvement Cost Estimate Cost Estimate in 2019 Dollars
City of The Colony
2 SHORT
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 1,320 LF 360$ 475,200$
2 870 LF 400$ 348,000$
3 6 EA 6,000$ 36,000$
4 1,217 SY 150$ 182,500$
5 1 LS 104,200$ 104,200$
1,145,900$
30%343,800$
1,489,700$
15%223,500$
1,713,200$
1,713,200$
Construction Project Number:Phase:
Project Name:Gravity Sewer Along Curry Road
Project Description:Vicinity Map
Replace existing gravity sewer with 30" and 36" lines along Curry Road.
Project Drivers:
This project will increase capacity of the Curry Road gravity sewer and
eliminate the existing bottleneck.
72" Diameter Manhole
Pavement Repair
Mobilization and General Site Preparation
Opinion of Probable Construction Cost
DESCRIPTION
30" Pipe 8- 16 feet deep
36" Pipe 8- 16 feet deep
SUBTOTAL:
Estimated Project Total:
Comments:
SUBTOTAL:
CONTINGENCY
SUBTOTAL:
ENG/SURVEY
B-2 99
Capital Improvement Cost Estimate Cost Estimate in 2019 Dollars
City of The Colony
3 SHORT
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 1 LS 844,000$ 844,000$
2 1 LS 84,400$ 84,400$
928,400$
30%278,600$
1,207,000$
15%181,100$
1,388,100$
1,388,100$
Project Name:Wynnwood Lift Station Rehabilitation
Project Description:Vicinity Map
Rehabiliate the Wynnwood Lift Station by replacing pumps, coating wet
well, pipes and valves.
Project Drivers:
This project will rehabilitate the Wynnwood Lift Station and prolong the life
of the asset.
Construction Project Number:Phase:
Opinion of Probable Construction Cost
DESCRIPTION
LS Rehabilitation
Mobilization and General Site Preparation
SUBTOTAL:
Estimated Project Total:
Comments:
SUBTOTAL:
CONTINGENCY
SUBTOTAL:
ENG/SURVEY
B-3 100
Capital Improvement Cost Estimate Cost Estimate in 2019 Dollars
City of The Colony
4 SHORT
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 1 LS 40,000,000$ 40,000,000$
40,000,000$
0%-$
40,000,000$
0%-$
40,000,000$
40,000,000$
Construction Project Number:Phase:
Project Name:WWTP Capacity Expansion
Project Description:Vicinity Map
Increase capacity at existing WWTP to 6.1 MGD
Project Drivers:
This project will increase capacity of the existing WWTP by 1.6 MGD
(average daily flow), for a total treatment capacity of 6.1 MGD. This
expansion is needed to treat additional flow from projected future growth.
This will expand the City's treatment capacity to meet projected Buildout
conditions.
Opinion of Probable Construction Cost
DESCRIPTION
WWTP Capacity Expansion
SUBTOTAL:
Estimated Project Total:
Comments: Cost Estimate provided by the City. Engineering costs and contingency are included in the LS estimate
SUBTOTAL:
CONTINGENCY
SUBTOTAL:
ENG/SURVEY
B-4 101
Page 1
TM 17119.76.000
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020 - ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING AND ADOPTING THE REVISED AND
AMENDED LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS
PLAN AND IMPACT FEES FOR WATER AND WASTEWATER AS
PROVIDED IN EXHIBIT “A”, TOGETHER WITH ALL AMENDMENTS,
EXHIBITS AND APPENDICES THERETO, WHICH ARE ATTACHED
HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; AND
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER
8, ARTICLE II, ENTITLED “IMPACT FEES,” BY AMENDING
SECTIONS 8-52 AND 8-64 TO PROVIDE FOR WATER AND
WASTEWATER IMPACT FEES AS PROVIDED IN THE
INCORPORATED TABLES ADOPTED HEREIN IN EXHIBIT “A”;
PROVIDING A PUBLICATION CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,the City of The Colony, Texas (hereinafter “City”) contracted with Freese
and Nichols, Inc. to perform a Water and Wastewater Impact Fee Update, a copy of which is
attached hereto and incorporated herein as Exhibit “A,” as amended,” which are attached hereto
and incorporated herein for all purposes; and
WHEREAS, in accordance with Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE,
notices have been published, public hearings have been held and the written recommendations
received concerning land use assumptions and capital improvements plan for Water and
Wastewater Impact Fees, which is identical to the capital improvements plan prepared by a
qualified professional engineer; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of the City
to adopt such land use assumptions and capital improvement plan for water and wastewater
impact fees established herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1.That the City hereby approves and adopts the Land Use Assumptions
(“LUA”), Capital Improvements Plan (“CIP”) and Water and Wastewater Impact Fees presented
in the Water and Wastewater Impact Fee Update prepared by Freese and Nichols, Inc., dated
June 2020, which is attached hereto and incorporated herein for all purposes as Exhibit “A”,
together with all its amendments and exhibits, which are attached hereto and incorporated herein
by reference, and which shall be kept on file in the office of the City Secretary,
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TM 17119.76.000
SECTION 2. That the Code of Ordinances be, and the same is, hereby amended by
amending Chapter 8, Article II, entitled “Impact Fees,” by amending Section 8-52 by amending
the definition of capital improvements plan, and by amending Section 8-64 (a) to provide water
and wastewater impact fees which shall read as follows:
“CHAPTER 8
. . . . .
ARTICLE II. IMPACT FEES
. . . . .
Sec. 8-52. Definitions.
. . . . .
Capital improvements plan means a plan contemplated by this article that
identifies capital improvements of facility expansions for which impact fees may
be assessed. The said plan is dated June 2020 and entitled “Water and
Wastewater Impact Fee Update” prepared by Freese and Nichols, Inc. and on file
in the office of the City Secretary; the plan dated July 2016, entitled Roadway
Impact Fee Update, as prepared by Kimley-Horn and Associates, Inc. and on file
with the office of the city secretary; and the plan dated September 2016, entitled
Office Creek Drainage Impact Fee Update, as prepared by Kimley-Horn and
Associates, Inc., and on file with the office of city secretary.
Sec. 8-64. Amount of impact fees
Impact fees for water, wastewater and roadway facilities shall be as follows:
(a)Water and wastewater impact fee:
Service Area Type of Use Water Wastewater
City Wide
(excludes Austin
Ranch area covered
by January, 1998
Developers Agreement
with Billingsley
Company)
All developments in
any land use
category.
The maximum impact
fee set forth in the
capital improvements
plan and as shown in
Table 4.5 included in
the capital improve-
ments plan.
The maximum impact
fee set forth in the
capital improvements
plan and as shown in
Table 4.5 included in
the capital improve-
ments plan.
* Fee is per service unit as defined and described in the capital improvements plan.
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TM 17119.76.000
SECTION 3.A water and wastewater impact fee, as provided in Exhibit “A” and as
authorized by Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE, as amended, is hereby
imposed. The amount of the water and wastewater impact fee assessed within each Service Area
will be determined as provided in Exhibit “A.”
SECTION 4.The methodology for water and wastewater impact fees, including the
service areas, service units, cost per service unit, and service unit calculation shall be provided in
Exhibit “A”.
SECTION 5.Impact fee calculations, which shall include maximum assessable impact
fee per service unit, plan for awarding the impact fee credit, and service unit demand per unit of
Development shall be as provided in Exhibit “A,” as amended.
SECTION 6.A record must be made and kept of the public hearings conducted as
provided by this chapter and maintained and made available for public inspection for at least ten
(10) years after the date of the hearing.
SECTION 7. This section is adopted pursuant to V.T.C.A., TEXAS LOCAL GOVERNMENT
CODE, Chapter 395. The provisions of this section shall not be construed to limit the power of the
City to utilize other methods authorized under State law or pursuant to other City powers to
accomplish the purposes set forth herein, either in substitution or in conjunction with this section.
Guidelines may be developed by City Council resolution or otherwise to implement and administer
this section.
SECTION 8. The provisions of this section apply to all new development within the
corporate boundaries of the City except for the Austin Ranch area that is covered by 1998
Developers Agreement.
SECTION 9.No application for new development shall be approved within the City
without assessment of an impact fee pursuant to this article, and no building permit shall be issued
unless the applicant has paid the impact fee imposed by and calculated hereunder.
SECTION 10. The City Secretary of the City of The Colony is hereby directed to
publish in one issue of the Official newspaper of the City of The Colony, the Caption and
Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local
Government Code.
SECTION 11. The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this
Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 12. This Ordinance shall be cumulative of all other ordinances of the City
and shall not repeal any of the provisions of those ordinances except in those instances where the
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TM 17119.76.000
provisions of those ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 13. Any person, firm or corporation violating any provision of this
Ordinance shall be fined an amount not to exceed five hundred dollars for each offense; and a
separate offense shall be deemed committed on each day during or on which a violation occurs
or continues.
SECTION 14. That this Ordinance shall take effect immediately from and after its
passage and publication, as the law and charter in such cases provide.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
1st day of December 2020.
_____________________________
ATTEST:Joe McCourry, Mayor
City of The Colony, Texas
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
105
EXHIBIT A
106
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider ordinances regarding amendments to Appendix A, Section 10B
by amending Section 10B-100(b), entitled “General Provisions and Standards All Accessory Uses”; Section
10B-900, entitled “Standards For Storage Buildings/Greenhouses 120 Square Feet In Area Or Less and/or Less
Than Eight Feet In Height”; Section 10B-1000(D), entitled "Setback From Property Lines" and; Section
10B-1100, entitled "Location Standards For Swimming Pools And Hot Tubs”. (Williams)
Suggested Action:
Please see the attached staff report, for staff recommendations
Attachments:
SI20-0003 CC Staff Report Ordinance amendment Appendix A.(final).pdf
Ord. 2020-xxxx Zoning Ordinance - 10B-100 10B-900 10B-1000 10B-1100 Amendment.docx
107
1
CITY COUNCIL REPORT
AGENDA DATE: December 1, 2020
DEPARTMENT: Engineering/Development Services Department
SUBJECT SI20-0003: Zoning Text Amendments- Appendix A, Section 10B, Section 10D,
Section 11, Section 13, Section 17, Section 18, Section 22, Section 23, Section 25
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix
A, Section 10B by amending Section 10B-100(b), entitled “General provisions and standards All
accessory uses”; Section 10B-900, entitled “Standards For Storage Buildings/Greenhouses 120
Square Feet In Area Or Less and/or Less Than Eight Feet In Height”; Section 10B-1000(D), entitled
"Setback From Property Lines" and; Section 10B-1100, entitled "Location Standards For
Swimming Pools And Hot Tubs”; amending Appendix A, Section 10D by amending Section 10D -
2900, entitled "Temporary Accessory Building Regulations” and Sectio n 10D-3100(g), entitled
"Tents And Canopies”; amending Appendix A, Section 11 by repealing Section 11 -700, entitled
"Special Area and Accessory Building Regulations”; repealing Section 11 -600, entitled "Rear
Yard”; repealing Section 11-704 entitled “Height restrictions” and amending Section, entitled
“Illustrations”; amending Section 13 by amending Section 13 -101, entitled "Generally"; amending
Section 17A by amending Section 17A-300(E), entitled "Irrigation”; amending Section 18 by
amending Section 18 -200, entitled "Permit-required"; amending Section 18 by amending Section
18-400 entitled “Inspection”; amending Section 18 by amending Section 18 -601 entitled Fence
materials and types; amending Section 18 by amending Section 18 -701 [under 18-700 Swimming
pool barriers]; repealing in its entirety Section 22, entitled "Certificate of Occupancy and
Compliance”; repealing in its entirety Section 23, entitled "Completion Of Building Under
Construction"; and amending Section 25 by amending Section 25 -100, entitled “Definitions” by
amending various definitions.
BACKGROUND
During customary staff review and maintenance of the Zoning Ordinance, Staff found the Zoning
Ordinance needed amending to revise outdated text, eliminate redundancy, and increase clarity
regarding the review and administration of accessory structures. Accordingly, a list of sections for
amendment was established by staff; the sections for amendment with summary are as follows:
Summary of proposed amendments
Appendix A
10B-100(b). This section is for general requirements for accessory structures. Staff is adding
the word “detached” to “patios/patio covers.” Attached patio covers or patios fall under
remodels, not accessory structures. By definition, an accessory structure is separa te from
the primary structure.
10B-900. This section is for accessory structures that do not require a permit. Staff is
changing the verbiage of this section throughout from “less than 120 square feet” to “120
square feet or less” to correct a gap staff had in our ordinance (staff have 10B-900 stating
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2
“less than 120 square feet” and 10B-1000 stating “greater than 120 square feet.” Leaving
out anything that is 120 square feet). This also puts the accessory structure requirements for
scopes of work this size in alignment with the building codes.
10B-1000. This section is for storage buildings and greenhouses. Staff is changing the
verbiage to state that storage buildings and greenhouses cannot be less than 3 feet from
property lines. This change places this section in alignment with all other accessory structure
requirements and prevents these types of structures from altering property drainage and
causing drainage issues.
10B-1100. This section is for swimming pools and spas. Staff added the word “Location”
to the title since all pool and spa standards are now covered by the 2018 ISPSC.
10B-1100(a) Permit Required. Deleted this section. Already covered by the building codes.
10B-1100(h) Compliance with building code. Changed verbiage from “applicable building
code” to “currently adopted edition of the International Swimming Pool and Spa Code.”
This will help direct people to the appropriate building code for information in lieu of
making them guess.
10D-2900 Temporary accessory buildings. This section is for temporary buildings such as
would be used at a school during construction. Staff deleted “Home sales office (within a
model home)” from this section. It is there in error. The use of a residential homes for home
sales offices is covered under 10D-2400 and these cannot be considered temporary
accessory buildings.
10D-2900(d) Added “accessory” to the statement of maximum number of buildings on a
tract of land to clarify that it pertains to temporary struc tures.
10D-3100(g) Permit. Amended the size of a tent requiring a permit from 400 to 100 to match
our practices for more than the last two years and our applications as well as section 10D-
400 which also requires permits for tents of 100 square feet or more. Although this section
of ordinance is intended more towards the tents selling seasonal items (pumpkins for
Halloween, flowers for Valentine’s Day, etc.) our ordinance does not state that, nor does it
provide any clarification of a temporary use under 10D-400 and this section.
11-600(1). This section details the requirements for rear yards. Staff is changing this section
by removing the reference to “(50) per cent” over the midline of the property. It is unclear
what was intended by this section of o rdinance. The requirements for a structure’s location
and size are already covered in other sections such as required setbacks, maximum lot
coverage, etc.
11-700 Special area and accessory building regulations. Deleting this section. It has no
purpose. These items are covered by the International Building Code as well as 11-701(1)
and 11-701(2) are confusing. One states that the inner court need not be more than 20 feet
wide, but two states 25 feet.
109
3
11-704. This section is for height restriction of acc essory structures. Staff are deleting this
section. Maximum height of an accessory structure is covered under 10B-100(E) (6), and
that is the section staff use for plan reviews and approvals.
13-101(f). This section is for the requirement of a garage for every single-family dwelling.
Staff are changing the verbiage from “upon initial construction” to “for each and every.” It
had been stated in the past that the City does not allow garage conversions, but our ordinance
did not contain anything preventing i t. “Initial construction” explicitly states that after it is
constructed, it may be converted, thereby leaving the structure without a garage of any type.
This change corrects that error.
17A-300.E.1. This section is for the irrigation requirements of la ndscaping. Staff amended
the verbiage to require irrigation systems to be compliant with state law (TCEQ) and directs
people to the correct department for permitting irrigation systems. Plan review and
inspections for irrigation systems require licensing a lready covered by Building Inspections
department.
18-200 Permit required. This section references the requirements for a permit for fences
and retaining walls. Staff changed verbiage to identify where measurements are taken from
(bottom of footing), matching NTX COG and surrounding municipalities. Staff also
changed the verbiage to state that it is less than 50% of the fence per year that can be changed
without a permit being required.
18-301 Fee. This section is for the permit fees of a fence or ret aining wall permit. Staff
deleted the section referencing “and on file with the city secretary.” The fee schedule is not
on that portion of the website and confuses people who look for it on the city secretary
portion of the website, as well as serving no purpose by being stated in there.
18-400 Inspection. This section is for the inspection of fences and retaining walls. Staff
altered the verbiage to include “or as needed to verify compliance with the applicable codes
and/or approved design” to match the building codes.
18-601(A). This section is for the allowable materials for fences and retaining walls. Staff
changed verbiage to state “materials listed for that use.” Current verbiage allows for non -
fence materials to be used so long as it is approved by the building official, without any
guidance or limitations. This change provides both.
18-701(A) and (B). This section is for swimming pool barriers. Staff corrected the code
references for residential and commercial swimming pool barriers to match th e adopted
building codes for residential swimming pools and referenced the appropriate state laws for
commercial swimming pools.
Section 22 Certificate of occupancy and compliance. This section is for certificates of
occupancy and compliance. Staff have amended this section by deleting the entire section.
This is already covered by the building codes and nothing contained therein is of any use.
Section 23 Completion of building under construction. Staff have deleted this section. It is
a violation of the building codes to require a structure to adhere to a different code cycle
110
4
than what was adopted by the City when it was applied for, while it is under construction.
The only exception is a project that was allowed to expire during construction and that is
already covered by the IRC and IBC.
25-100. This section is a list of definitions. Staff have corrected the numbering. There is no
purpose to having some numbered 1 or 2 then having 1.1 or 1.2 afterwar ds. Also deleted
definition “(13) Certificate of occupancy and compliance.” This is already defined and
covered by the building codes. It cannot have a different definition anywhere.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
November 10, 2020 – The Planning and Zoning Commission voted (7-0) to recommend approval
text amendments to Appendix A, Section 10B by amending Section 10B-100(b), entitled “General
provisions and standards All accessory uses”; Section 10B-900, entitled “Standards For Storage
Buildings/Greenhouses 120 Square Feet In Area Or Less and/or Less Than Eight Feet In Height”;
Section 10B-1000(D), entitled "Setback From Property Lines" and; Section 10B-1100, entitled
"Location Standards For Swimming Pools And Hot Tubs”; amending Appendix A, Section 10D by
amending Section 10D-2900, entitled "Temporary Accessory Building Regulations” and Sectio n
10D-3100(g), entitled "Tents And Canopies”; amending Appendix A, Section 11 by repealing
Section 11-700, entitled "Special Area and Accessory Building Regulations”; repealing Section 11 -
600, entitled "Rear Yard”; repealing Section 11-704 entitled “Height restrictions” and amending
Section, entitled “Illustrations”; amending Section 13 by amending Section 13 -101, entitled
"Generally"; amending Section 17A by amending Section 17A -300(E), entitled "Irrigation”;
amending Section 18 by amending Section 18 -200, entitled "Permit-required"; amending Section
18 by amending Section 18-400 entitled “Inspection”; amending Section 18 by amending Section
18-601 entitled Fence materials and types; amending Section 18 by amending Section 18 -701
[under 18-700 Swimming pool barriers]; repealing in its entirety Section 22, entitled "Certificate of
Occupancy and Compliance”; repealing in its entirety Section 23, entitled "Completion Of Building
Under Construction"; and amending Section 25 by amending Section 25 -100, entitled “Definitions”
by amending various definitions.
ORDINANCE REVIEW COMMITTEE (ORC) REVIEW
The Ordinance Review Committee (ORC) recommends approval of the Zoning Ordinance
amendment.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the
City Council meeting for text amendments. Notice for this Public Hear ing was published in The
Dallas Morning News on October 30, 2020. No comments, either for or against the text
amendment, were received as of the printing of this packet.
ATTACHMENTS
1. Proposed Amending Ordinances
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Page 1 of 7
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020-________
APPENDIX A, SECTIONS 10B-100, 10B-900,10B-1000, and 10B-1100 ORDINANCE
AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AMENDING APPENDIX A,SECTION 10B
OF THE CODE OF ORDINANCES OF THE CITY OF THE
COLONY, TEXAS, BY AMENDING SECTION 10B-100, ENTITLED
"GENERAL PROVISIONS AND STANDARDS-ALL ACCESSORY
USES";AMENDING 10B-900, ENTITLED "STANDARDS FOR
STORAGE BUILDINGS/GREENHOUSES LESS THAN 120
SQUARE FEET IN AREA AND/OR LESS THAN EIGHT FEET IN
HEIGHT,"AND REPLACING IT WITH SECTION 10B-900
ENTITLED "STANDARDS FOR STORAGE
BUILDINGS/GREENHOUSES 120 SQUARE FEET IN AREA OR
LESS AND/OR LESS THAN EIGHT FEET IN HEIGHT";
AMENDING SECTION 10B-1000(d), ENTITLED "SETBACK
FROM PROPERTY LINES";AMENDING SECTION 10B-1100
ENTITLED “STANDARDS FOR SWIMMING POOLS AND HOT
TUBS” AND REPLACING IT WITH SECTION 10B-1100,
ENTITLED “LOCATION STANDARDS FOR SWIMMING POOLS
AND HOT TUBS,”PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, Section 10B should be amended by amending Sections 10B-100, 10B-900, 10B-
1000, and 10B1100 of the Code of Ordinances of the City of The Colony, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the Code of Ordinances of the City of The Colony, Texas, be,and the
same is, hereby amended by amending Section 10B-100 entitled “General provisions and
standards- All accessory uses,” which shall read as follows:
“10B-100. General provisions and standards- All accessory uses.
(a) Accessory uses included.Accessory uses and structures are permitted in all zoning districts
unless specifically prohibited in this section.
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Page 2 of 7
(b) Accessory use/structure.Accessory structures shall include, but not be limited to, fences,
detached garages, storage sheds, carports, gazebos/arbors, pools, detached patios/patio covers,
decks, recreational and play equipment, swimming pools/hot tubs and greenhouses.
(c) Applicable regulations.An accessory use or structure is clearly incidental and secondary to
an existing principal use and does not change the character of the principal use. It is located
on the same parcel as the associated principal use. All accessory uses and structures shall be
subject to the general, dimensional, operational, and use-specific regulations stated in this
Code of Ordinances, in addition to the same regulations that apply to the principal use in each
district. In the case of any conflict between the accessory use/structure standards of this section
and any other requirement of this Code of Ordinances, the standards of this section shall
control. Building permit review is required for accessory uses, unless specifically exempted
in this Code of Ordinances. No recreational play equipment or playhouse shall occupy space
in the front yard.
(d) Definitions.The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Arbor shall mean a stand-alone structure designed with lattice used to support climbing
plants.
Cargo container shall mean a pre-manufactured structure that is delivered to a site as a fully
contained unit. This shall include a container that is designed as a shipping container and
used for portable storage; but shall exclude storage sheds that are assembled at the site. A
cargo container, as defined herein, shall be considered a structure for purposes of the
International Building Code.
Carport shall mean a structure that is open on a minimum of two sides and designed or used
to shelter not more than three vehicles and not to exceed 24 feet on its longest dimension.
Donation boxes shall mean an unattended booth, receptacle or combination thereof designed
with a door, slot or other opening that is intended to accept and/or store donated items.
Gazebo shall mean an accessory building consisting of a detached, covered, freestanding,
open-air structure not exceeding 300 square feet.
Patio shall mean a level, all weather surfaced area, also referred to as a terrace, directly
adjacent to a principal building at or within three feet of the finished grade.
Patio cover shall mean a roofed structure supported by columns, which may be attached to
or detached from the principal structure, located over a patio and is open on at least three
sides.
Pergola shall mean an arbor or trellis treated architecturally, for aesthetics and meets
structural requirements required by the International Building Code (IBC), as amended.
Portable on-demand storage container shall mean a transportable, fully-enclosed, box-like
container that is:
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(1) Designed for temporary storage of personal property items, wares and/or building
materials or merchandise;
(2) Typically rented to owners or occupants of property for their temporary use; and
(3)Delivered and removed by truck.
Such containers are uniquely designed for their ease of loading from a transport vehicle.
(e) General standards.All accessory uses, structures and activities shall meet the following
standards:
(1) The accessory use or structure:
(A) Directly serves the principal use or structure and is reasonably and customarily
incidental to the principal use or structure;
(B) Is subordinate in area, size and height to the principal structure;
(C) Is located on the same lot as the principal use or structure; and
(D) Is owned or operated by the same person or entity as the principal use or structure.
(2) Maximum lot coverage.The principal use or structure, together with the accessory
use/structure, shall not violate the maximum lot coverage requirements of this Code of
Ordinances or the governing planned development standards, whichever is greater. Lot
coverage shall be defined as the percentage of the property covered by structures
including the primary dwelling "footprint" and all accessory structures. All impervious
surfaces shall be included in the calculation of lot coverage, except swimming pools, hot
tubs, sidewalks and driveways. Projecting balconies, carports, stairways, porches, patio
covers, patios and decks more than 30 inches above grade are also considered when
calculating lot coverage, as are roof overhangs exceeding four feet.
(3) Order of construction.No accessory use or structure shall be constructed or established
prior to the principal use or structure.
(4) Primary structure.No accessory uses or structures are permitted on a lot or tract without
the existence of a primary structure.
(5) Maximum number of accessory uses, buildings and structures.There is no maximum
number of accessory use buildings or structures permitted per lot; however installation of
an accessory use shall not cause the property to exceed the maximum lot coverage.
Accessory uses, buildings and structures that cause the property to exceed the maximum
lot coverage are prohibited and will be denied.
(6) Height for accessory uses buildings and structures.The maximum height of accessory
uses shall be 16 feet or the height of the principal structure, whichever is less.
(7) Roof.Roofs on carports, patio covers, detached garages and storage buildings have to
have minimum pitch as required by the IBC to allow for drainage.
(8) Municipal accessory structure.A municipal-owned structure separate from the primary
structure that is used for municipal operations including, but not limited to, structures to
provide shade, ancillary storage, activity space, and similar uses.”
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SECTION 3.That the Code of Ordinances of the City of The Colony, Texas, be,and the
same is, hereby amended by repealing in its entirety section 10B-900 entitled “Standards for
storage buildings/greenhouses less than 120 square feet in area and/or eight feet in height,” and
replacing it with new section 10B-900 entitled “Standards for storage buildings/greenhouses 120
square feet or less in area and/or less than eight feet in height” which shall read as follows:
“10B-900. Standards for storage buildings/greenhouses 120 square feet or less in area
and/or less than eight feet in height.
(a) Permit required.All storage buildings/greenhouses 120 square feet or less in area and/or less
than eight feet in height do not require a building permit.
(b) Location. No storage building/greenhouse shall occupy space in the front yard. Storage
buildings 120 square feet or less in area or less than eight feet in height located in the side
yard must be blocked from public view by an appropriate form of solid screening.
(1) Living wall consisting of evergreen plant material spaced a minimum of three feet on
center and eight feet in height at time of mature growth;
(2) Wood fence a minimum of eight feet in height;
(3) Masonry wall a minimum of eight feet in height.
(c) Setback from primary structure.Storage buildings/greenhouses 120 square feet or less in
area and/or greater than eight feet in height must maintain a three-foot setback from the
primary structure.
(d) Setback from property lines.Storage buildings/greenhouses 120 square feet or less in area
or less than eight feet in height may be placed on the rear or side as long as the overhang
and/or eaves do not encroach any adjacent property line, and so long as no water runoff is
allowed to encroach any adjacent property.
(e) Setbacks from easements.No storage building/greenhouse shall be located within anyplatted
or recorded easement or over any known utility.
(f) Maximum building or structure size on a residential lot or parcel.The maximum footprint
of any detached building, structure or use shall not exceed one-half of the principal dwelling's
footprint. See section 10B-100(e)(2) for standards on maximum lot coverage.
(g) Dwelling units prohibited.No dwelling unit shall be located in any accessory structure or
building.
(h) Utilities limited.Water and sewer lines may not be extended to a detached building or
structure on a residential lot or parcel. Electric utilities are permitted but must use the same
meter as the primary structure.”
SECTION 4.That the Code of Ordinances of the City of The Colony, Texas, be,and the
same is, hereby amended by amending Section 10B-1000(d) entitled “Setback from property
lines,” which shall read as follows:
“(d) Setback from property lines.Storage buildings/greenhouses greater than 120 square feet in
area and/or eight feet or greater in height may not be less than three feet from side or rear
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property lines and may not affect property drainage nor cause water to drain from one
property to another.”
SECTION 5.That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by repealing section 10B-1100 entitled “Standards for swimming pools
and hot tubs” and replacing it with Section 10B-1100, entitled “Location standards for swimming
pools and hot tubs,” which shall read as follows:
“10B-1100 Location standards for swimming pools and hot tubs
(a)Location.No swimming pool or hot tub shall occupy space in the front yard. Location is
measured from the perimeter of the excavation.
(b)Setback from primary structure.Swimming pools and hot tubs must maintain a three-foot
setback from the primary structure. Setback is measured from the perimeter of the
excavation.
(c)Setback from property lines.Swimming pools and hot tubs must maintain a three-foot
setback from side and rear property line. Setback is measured from the perimeter of the
excavation.
(d)Setbacks from easements.No swimming pool or hot tub shall be located within any platted
or recorded easement or over any known utility. Setback is measured from the perimeter
of the excavation.
(e)Equipment.No equipment may be placed within the front yard as defined in subsection (a)
of this section, or within any easement. Equipment in relation to the pool and/or hot tub
shall not be affixed to any required perimeter fencing or common fences between property
owners.
(f)Maximum building or structure size on a residential lot or parcel.The maximum footprint
of any detached building, structure or use shall not exceed one-half of the principal
dwelling's footprint. See section 10B-100(e)(2) for standards on maximum lot coverage.
(g)Compliance.All swimming pools and hot tubs are subject to the requirements of the
currently adopted edition of the International Swimming Pool and Spa Code as well as all
applicable local and state health laws.
(h)Demolition of swimming pools and hot tubs. Demolition of swimming pools and hot tubs
("pools") are subject to the following requirements:
(1)All pool pumps, heating equipment, and related piping must be removed. Gas
piping going to the heater, must also be removed at the source as required by the
by the most recently adopted plumbing code.
(2)All electrical wiring for pool equipment must be removed at the source as
required by the most recently adopted electrical code.
(3)Drainage holes of sufficient size and number shall be installed and inspected
prior to filling in of any pool or spa.
(4)Upon completion and inspection of drain holes, the pool shall be filled with
approved compactable materials to the adjacent grade. The top of the fill shall be
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comprised of a minimum 36 inches of clean fill dirt. Backfill shall consist of clean
soil, graded rock or a combination thereof. Broken concrete or other construction
and household debris shall not be considered acceptable fill material.
(5)Compaction report.A certified compaction report will be required for demolition
of a pool or stand-alone hot tub if the pool or hot tub is within five feet of the house
or main structure. If a compaction report is required, it must be conducted by a
certified geotechnical firm and be submitted to the building official prior to final
inspection. The report must indicate the following:
(A)There should be four inches top soil;
(B)Removed 24 inches of the top of the pool structure;
(C)Fill and compact in eight inch lifts;
(D)Density is 95 percent standard proctor;
(E)±3 percent moisture control.
(6)Inspections.The following inspections shall be required:
(A)Disconnection of all utilities;
(B)Installation of drainage holes and backfill;
(C)Final — All work is completed and a certified compaction report is
provided if required.”
SECTION 6.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 7.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect.
SECTION 8.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 9. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 1ST day of DECEMBER, 2020.
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Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance amending Appendix A, Section 10D by amending
Section 10D-2900, entitled "Temporary Accessory Building Regulations” and Section 10D-3100, entitled "Tents
And Canopies.” (Williams)
Suggested Action:
Attachments:
SI20-0003_CC_Staff_Report_Ordinance_amendment_Appendix_A._final_.pdf
Ord. 2020-xxxx Zoning Ordinance - 10D-2900 and 10D-3100 Amendment.docx
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1
CITY COUNCIL REPORT
AGENDA DATE: December 1, 2020
DEPARTMENT: Engineering/Development Services Department
SUBJECT SI20-0003: Zoning Text Amendments- Appendix A, Section 10B, Section 10D,
Section 11, Section 13, Section 17, Section 18, Section 22, Section 23, Section 25
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix
A, Section 10B by amending Section 10B-100(b), entitled “General provisions and standards All
accessory uses”; Section 10B-900, entitled “Standards For Storage Buildings/Greenhouses 120
Square Feet In Area Or Less and/or Less Than Eight Feet In Height”; Section 10B-1000(D), entitled
"Setback From Property Lines" and; Section 10B-1100, entitled "Location Standards For
Swimming Pools And Hot Tubs”; amending Appendix A, Section 10D by amending Section 10D -
2900, entitled "Temporary Accessory Building Regulations” and Sectio n 10D-3100(g), entitled
"Tents And Canopies”; amending Appendix A, Section 11 by repealing Section 11 -700, entitled
"Special Area and Accessory Building Regulations”; repealing Section 11 -600, entitled "Rear
Yard”; repealing Section 11-704 entitled “Height restrictions” and amending Section, entitled
“Illustrations”; amending Section 13 by amending Section 13 -101, entitled "Generally"; amending
Section 17A by amending Section 17A-300(E), entitled "Irrigation”; amending Section 18 by
amending Section 18 -200, entitled "Permit-required"; amending Section 18 by amending Section
18-400 entitled “Inspection”; amending Section 18 by amending Section 18 -601 entitled Fence
materials and types; amending Section 18 by amending Section 18 -701 [under 18-700 Swimming
pool barriers]; repealing in its entirety Section 22, entitled "Certificate of Occupancy and
Compliance”; repealing in its entirety Section 23, entitled "Completion Of Building Under
Construction"; and amending Section 25 by amending Section 25 -100, entitled “Definitions” by
amending various definitions.
BACKGROUND
During customary staff review and maintenance of the Zoning Ordinance, Staff found the Zoning
Ordinance needed amending to revise outdated text, eliminate redundancy, and increase clarity
regarding the review and administration of accessory structures. Accordingly, a list of sections for
amendment was established by staff; the sections for amendment with summary are as follows:
Summary of proposed amendments
Appendix A
10B-100(b). This section is for general requirements for accessory structures. Staff is adding
the word “detached” to “patios/patio covers.” Attached patio covers or patios fall under
remodels, not accessory structures. By definition, an accessory structure is separa te from
the primary structure.
10B-900. This section is for accessory structures that do not require a permit. Staff is
changing the verbiage of this section throughout from “less than 120 square feet” to “120
square feet or less” to correct a gap staff had in our ordinance (staff have 10B-900 stating
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“less than 120 square feet” and 10B-1000 stating “greater than 120 square feet.” Leaving
out anything that is 120 square feet). This also puts the accessory structure requirements for
scopes of work this size in alignment with the building codes.
10B-1000. This section is for storage buildings and greenhouses. Staff is changing the
verbiage to state that storage buildings and greenhouses cannot be less than 3 feet from
property lines. This change places this section in alignment with all other accessory structure
requirements and prevents these types of structures from altering property drainage and
causing drainage issues.
10B-1100. This section is for swimming pools and spas. Staff added the word “Location”
to the title since all pool and spa standards are now covered by the 2018 ISPSC.
10B-1100(a) Permit Required. Deleted this section. Already covered by the building codes.
10B-1100(h) Compliance with building code. Changed verbiage from “applicable building
code” to “currently adopted edition of the International Swimming Pool and Spa Code.”
This will help direct people to the appropriate building code for information in lieu of
making them guess.
10D-2900 Temporary accessory buildings. This section is for temporary buildings such as
would be used at a school during construction. Staff deleted “Home sales office (within a
model home)” from this section. It is there in error. The use of a residential homes for home
sales offices is covered under 10D-2400 and these cannot be considered temporary
accessory buildings.
10D-2900(d) Added “accessory” to the statement of maximum number of buildings on a
tract of land to clarify that it pertains to temporary struc tures.
10D-3100(g) Permit. Amended the size of a tent requiring a permit from 400 to 100 to match
our practices for more than the last two years and our applications as well as section 10D-
400 which also requires permits for tents of 100 square feet or more. Although this section
of ordinance is intended more towards the tents selling seasonal items (pumpkins for
Halloween, flowers for Valentine’s Day, etc.) our ordinance does not state that, nor does it
provide any clarification of a temporary use under 10D-400 and this section.
11-600(1). This section details the requirements for rear yards. Staff is changing this section
by removing the reference to “(50) per cent” over the midline of the property. It is unclear
what was intended by this section of o rdinance. The requirements for a structure’s location
and size are already covered in other sections such as required setbacks, maximum lot
coverage, etc.
11-700 Special area and accessory building regulations. Deleting this section. It has no
purpose. These items are covered by the International Building Code as well as 11-701(1)
and 11-701(2) are confusing. One states that the inner court need not be more than 20 feet
wide, but two states 25 feet.
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11-704. This section is for height restriction of acc essory structures. Staff are deleting this
section. Maximum height of an accessory structure is covered under 10B-100(E) (6), and
that is the section staff use for plan reviews and approvals.
13-101(f). This section is for the requirement of a garage for every single-family dwelling.
Staff are changing the verbiage from “upon initial construction” to “for each and every.” It
had been stated in the past that the City does not allow garage conversions, but our ordinance
did not contain anything preventing i t. “Initial construction” explicitly states that after it is
constructed, it may be converted, thereby leaving the structure without a garage of any type.
This change corrects that error.
17A-300.E.1. This section is for the irrigation requirements of la ndscaping. Staff amended
the verbiage to require irrigation systems to be compliant with state law (TCEQ) and directs
people to the correct department for permitting irrigation systems. Plan review and
inspections for irrigation systems require licensing a lready covered by Building Inspections
department.
18-200 Permit required. This section references the requirements for a permit for fences
and retaining walls. Staff changed verbiage to identify where measurements are taken from
(bottom of footing), matching NTX COG and surrounding municipalities. Staff also
changed the verbiage to state that it is less than 50% of the fence per year that can be changed
without a permit being required.
18-301 Fee. This section is for the permit fees of a fence or ret aining wall permit. Staff
deleted the section referencing “and on file with the city secretary.” The fee schedule is not
on that portion of the website and confuses people who look for it on the city secretary
portion of the website, as well as serving no purpose by being stated in there.
18-400 Inspection. This section is for the inspection of fences and retaining walls. Staff
altered the verbiage to include “or as needed to verify compliance with the applicable codes
and/or approved design” to match the building codes.
18-601(A). This section is for the allowable materials for fences and retaining walls. Staff
changed verbiage to state “materials listed for that use.” Current verbiage allows for non -
fence materials to be used so long as it is approved by the building official, without any
guidance or limitations. This change provides both.
18-701(A) and (B). This section is for swimming pool barriers. Staff corrected the code
references for residential and commercial swimming pool barriers to match th e adopted
building codes for residential swimming pools and referenced the appropriate state laws for
commercial swimming pools.
Section 22 Certificate of occupancy and compliance. This section is for certificates of
occupancy and compliance. Staff have amended this section by deleting the entire section.
This is already covered by the building codes and nothing contained therein is of any use.
Section 23 Completion of building under construction. Staff have deleted this section. It is
a violation of the building codes to require a structure to adhere to a different code cycle
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than what was adopted by the City when it was applied for, while it is under construction.
The only exception is a project that was allowed to expire during construction and that is
already covered by the IRC and IBC.
25-100. This section is a list of definitions. Staff have corrected the numbering. There is no
purpose to having some numbered 1 or 2 then having 1.1 or 1.2 afterwar ds. Also deleted
definition “(13) Certificate of occupancy and compliance.” This is already defined and
covered by the building codes. It cannot have a different definition anywhere.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
November 10, 2020 – The Planning and Zoning Commission voted (7-0) to recommend approval
text amendments to Appendix A, Section 10B by amending Section 10B-100(b), entitled “General
provisions and standards All accessory uses”; Section 10B-900, entitled “Standards For Storage
Buildings/Greenhouses 120 Square Feet In Area Or Less and/or Less Than Eight Feet In Height”;
Section 10B-1000(D), entitled "Setback From Property Lines" and; Section 10B-1100, entitled
"Location Standards For Swimming Pools And Hot Tubs”; amending Appendix A, Section 10D by
amending Section 10D-2900, entitled "Temporary Accessory Building Regulations” and Sectio n
10D-3100(g), entitled "Tents And Canopies”; amending Appendix A, Section 11 by repealing
Section 11-700, entitled "Special Area and Accessory Building Regulations”; repealing Section 11 -
600, entitled "Rear Yard”; repealing Section 11-704 entitled “Height restrictions” and amending
Section, entitled “Illustrations”; amending Section 13 by amending Section 13 -101, entitled
"Generally"; amending Section 17A by amending Section 17A -300(E), entitled "Irrigation”;
amending Section 18 by amending Section 18 -200, entitled "Permit-required"; amending Section
18 by amending Section 18-400 entitled “Inspection”; amending Section 18 by amending Section
18-601 entitled Fence materials and types; amending Section 18 by amending Section 18 -701
[under 18-700 Swimming pool barriers]; repealing in its entirety Section 22, entitled "Certificate of
Occupancy and Compliance”; repealing in its entirety Section 23, entitled "Completion Of Building
Under Construction"; and amending Section 25 by amending Section 25 -100, entitled “Definitions”
by amending various definitions.
ORDINANCE REVIEW COMMITTEE (ORC) REVIEW
The Ordinance Review Committee (ORC) recommends approval of the Zoning Ordinance
amendment.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the
City Council meeting for text amendments. Notice for this Public Hear ing was published in The
Dallas Morning News on October 30, 2020. No comments, either for or against the text
amendment, were received as of the printing of this packet.
ATTACHMENTS
1. Proposed Amending Ordinances
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020-________
APPENDIX A, SECTION 10D-2900 AND 10D-3100 ORDINANCE AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AMENDING APPENDIX A, SECTION 10D
OF THE CODE OF ORDINANCES OF THE CITY OF THE
COLONY, TEXAS, BY REPEALING IN ITS ENTIRETY SECTION
10D-2900, ENTITLED "TEMPORARY ACCESSORY BUILDING
REGULATIONS,” AND REPLACING IT WITH SECTION 10D-
2900 ENTITLED “TEMPORARY ACCESSORY BUILDING
REGULATIONS;”AND REPEALING IN ITS ENTIRETY
SECTION 10D-3100, ENTITLED “TENTS AND CANOPIES”AND
REPLACING IT WITH SECTION 10D-3100 ENTITLED “TENTS
AND CANOPIES”;PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, section 10D-2900, entitled “Temporary accessory building regulations” and
Section 10D-3100, entitled “Tents and Canopies” should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the Code of Ordinances ofthe City of TheColony,Texas, be,and
the same is, hereby amended by repealing section 10D-2900 entitled “Temporary accessory
building regulations,” and replacing it with new section 10D-2900 entitled “Temporary
accessory building regulations,” which shall read as follows:
“10D-2900. Temporary accessory buildings.
The following regulations supplement the meaning and intent of the use regulations as noted
in section 10-200, schedule of uses by district, section 10-300, definitions applicable to the
schedule of uses and section 10D-700, temporary use definitions.
Temporary Accessory Building Regulations
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(a) Example Temporary classroom building associated with a church or private,
public or charter school.
(b) Location
A temporary accessory building may be located in any zoning district
allowed by the primary structure that has a primary structure existing
on the platted lot or tract, or the construction of a primary structure has
commenced.
(c) Approval
City council approval required through the site plan process.
All temporary buildings shall be constructed in accordance with state
and federal codes that apply to their construction or meet all
requirements of the city's building codes.
(d) Number of
buildings
The maximum number of temporary buildings on a lot or tract of land
is two.
(e) Size of buildings The maximum size of a temporary accessory building is 1,800 square
feet.
(f) Duration
A temporary accessory building use may be approved through the
specific use permit process for a maximum period of 36 months.
Thereafter, the permit may be renewed following city council review
on an annual basis.
(g) Architectural
standards
The city manager or his designee may approve an alternate exterior
building material, providing the material is in accordance with the
city's adopted building codes and fire prevention codes. Metal or wood
exterior walls may be allowed, shall be compatible in color with the
principal building and existing surrounding structures and shall be
appropriately finished with materials of a permanent nature such as
baked or enamel finish or painted to the wall manufacturer's standards.
The use of galvanized, corrugated aluminum coated, zinc aluminum
coated or unpainted exterior metal finish is prohibited.
The temporary building shall be constructed in accordance with ADA
standards.
(h) Landscaping
Shrubs (planted three feet on center and a minimum size of 24 inches
in height at the time of planting) shall be provided along the temporary
building skirting facing any public right-of-way.
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(i) Screening
Temporary buildings shall be screened from adjacent single family
homes. Screening may be comprised of evergreen shrubs (planted five
feet on center and a minimum size of 36 inches in height at the time of
planting, with an expected mature height of six feet) or solid fencing a
minimum of six feet in height.
(j)
Construction/Mobility
Temporary accessory buildings shall be constructed in such a manner
that it shall be portable, easily transportable and capable of being
moved.
(k) Sanitary facilities Refer to the currently adopted code of ordinances for health department
requirements and applicable building codes.
(l) Permits
Required:
(1) Site plan application (through planning)
(2) Placement permit, including electric permit (through building
inspections)
(3) Any other permits, as deemed necessary.
(m) Fees Yes, as listed in the adopted city master fee schedule.
SECTION 3.That the Code of Ordinances ofthe City of TheColony,Texas, be,and
the same is, hereby amended by repealing section 10D-3100 entitled “Tents and canopies,”
and replacing it with new section 10D-3100 entitled “Tents and canopies,” which shall read
as follows:
“10D-3100. Tents and canopies.
The following regulations supplement the meaning and intent of the use regulations as noted
in section 10-200, schedule of uses by district, section 10-300, definitions applicable to the
schedule of uses and section 10D-700, temporary use definitions:
Tent and Canopy Regulations
(a) Location
Allowed in all zoning districts.
If the location for the temporary tent/canopy is located on a parking lot, it shall
be located only in excess parking spaces (i.e. spaces that have been provided in
excess of the parking required by ordinance) and shall not infringe on the
required parking for the commercial property.
Tents and canopies shall not be located in fire lanes.
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(b) Approval
Administrative approval, through the application of a tent permit. A site plan
shall be required at the discretion of the city manager or his designee.
An application shall be submitted to the city manager or his designee a minimum
of 28 days prior to the erection of a temporary tent or canopy.
A flame-retardant certificate shall be submitted with the application and shall be
approved by the fire marshal. A copy of the flame-retardant certificate is
required to be affixed to the temporary tent or canopy in a prominent location for
the duration of its use.
(c) Duration Tent permits are valid for no more than 14 consecutive days, unless approved for
a longer timeframe by the fire marshal.
(d) Setbacks
Tents or canopies 400 square feet in area or greater than shall maintain a three-
foot minimum setback from the primary structure.
Tents or canopies 400 square feet in area or greater shall maintain a ten-foot
minimum setback from any adjacent property line.
(e) Utilities
Water and sewer lines may not be extended to a temporary tent or canopy.
Electric utilities are permitted but shall use the same meter as the primary
structure.
(f) Sanitary
facilities
Not required. Special event(s) utilizing tent(s) may require the provision of
portable toilet facilities.
(g) Permit Required if tent is 100 square feet in area or greater.
(h) Fee Yes, as listed in the adopted city master fee schedule.
SECTION 4.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect.
127
Page 5 of 5
SECTION 6.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 7. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 1
ST day of DECEMBER, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
128
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance amending Appendix A, Section 11 by amending
Section 11-600, entitled "Rear Yard”, repealing Section 11-701, entitled “Court standards” and repealing Section
11-704, entitled “Height restrictions”; and amending Appendix A, Illustrations by amending Illustration 3 entitled
“Yards.” (Williams)
Suggested Action:
Attachments:
SI20-0003_CC_Staff_Report_Ordinance_amendment_Appendix_A._final_.pdf
Ord. 2020-xxxx Zoning Ordinance - 11-600 Amendment 11-701 Repeal 11-704 Repeal Illustration 3 amendment.docx
129
1
CITY COUNCIL REPORT
AGENDA DATE: December 1, 2020
DEPARTMENT: Engineering/Development Services Department
SUBJECT SI20-0003: Zoning Text Amendments- Appendix A, Section 10B, Section 10D,
Section 11, Section 13, Section 17, Section 18, Section 22, Section 23, Section 25
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix
A, Section 10B by amending Section 10B-100(b), entitled “General provisions and standards All
accessory uses”; Section 10B-900, entitled “Standards For Storage Buildings/Greenhouses 120
Square Feet In Area Or Less and/or Less Than Eight Feet In Height”; Section 10B-1000(D), entitled
"Setback From Property Lines" and; Section 10B-1100, entitled "Location Standards For
Swimming Pools And Hot Tubs”; amending Appendix A, Section 10D by amending Section 10D -
2900, entitled "Temporary Accessory Building Regulations” and Sectio n 10D-3100(g), entitled
"Tents And Canopies”; amending Appendix A, Section 11 by repealing Section 11 -700, entitled
"Special Area and Accessory Building Regulations”; repealing Section 11 -600, entitled "Rear
Yard”; repealing Section 11-704 entitled “Height restrictions” and amending Section, entitled
“Illustrations”; amending Section 13 by amending Section 13 -101, entitled "Generally"; amending
Section 17A by amending Section 17A-300(E), entitled "Irrigation”; amending Section 18 by
amending Section 18 -200, entitled "Permit-required"; amending Section 18 by amending Section
18-400 entitled “Inspection”; amending Section 18 by amending Section 18 -601 entitled Fence
materials and types; amending Section 18 by amending Section 18 -701 [under 18-700 Swimming
pool barriers]; repealing in its entirety Section 22, entitled "Certificate of Occupancy and
Compliance”; repealing in its entirety Section 23, entitled "Completion Of Building Under
Construction"; and amending Section 25 by amending Section 25 -100, entitled “Definitions” by
amending various definitions.
BACKGROUND
During customary staff review and maintenance of the Zoning Ordinance, Staff found the Zoning
Ordinance needed amending to revise outdated text, eliminate redundancy, and increase clarity
regarding the review and administration of accessory structures. Accordingly, a list of sections for
amendment was established by staff; the sections for amendment with summary are as follows:
Summary of proposed amendments
Appendix A
10B-100(b). This section is for general requirements for accessory structures. Staff is adding
the word “detached” to “patios/patio covers.” Attached patio covers or patios fall under
remodels, not accessory structures. By definition, an accessory structure is separa te from
the primary structure.
10B-900. This section is for accessory structures that do not require a permit. Staff is
changing the verbiage of this section throughout from “less than 120 square feet” to “120
square feet or less” to correct a gap staff had in our ordinance (staff have 10B-900 stating
130
2
“less than 120 square feet” and 10B-1000 stating “greater than 120 square feet.” Leaving
out anything that is 120 square feet). This also puts the accessory structure requirements for
scopes of work this size in alignment with the building codes.
10B-1000. This section is for storage buildings and greenhouses. Staff is changing the
verbiage to state that storage buildings and greenhouses cannot be less than 3 feet from
property lines. This change places this section in alignment with all other accessory structure
requirements and prevents these types of structures from altering property drainage and
causing drainage issues.
10B-1100. This section is for swimming pools and spas. Staff added the word “Location”
to the title since all pool and spa standards are now covered by the 2018 ISPSC.
10B-1100(a) Permit Required. Deleted this section. Already covered by the building codes.
10B-1100(h) Compliance with building code. Changed verbiage from “applicable building
code” to “currently adopted edition of the International Swimming Pool and Spa Code.”
This will help direct people to the appropriate building code for information in lieu of
making them guess.
10D-2900 Temporary accessory buildings. This section is for temporary buildings such as
would be used at a school during construction. Staff deleted “Home sales office (within a
model home)” from this section. It is there in error. The use of a residential homes for home
sales offices is covered under 10D-2400 and these cannot be considered temporary
accessory buildings.
10D-2900(d) Added “accessory” to the statement of maximum number of buildings on a
tract of land to clarify that it pertains to temporary struc tures.
10D-3100(g) Permit. Amended the size of a tent requiring a permit from 400 to 100 to match
our practices for more than the last two years and our applications as well as section 10D-
400 which also requires permits for tents of 100 square feet or more. Although this section
of ordinance is intended more towards the tents selling seasonal items (pumpkins for
Halloween, flowers for Valentine’s Day, etc.) our ordinance does not state that, nor does it
provide any clarification of a temporary use under 10D-400 and this section.
11-600(1). This section details the requirements for rear yards. Staff is changing this section
by removing the reference to “(50) per cent” over the midline of the property. It is unclear
what was intended by this section of o rdinance. The requirements for a structure’s location
and size are already covered in other sections such as required setbacks, maximum lot
coverage, etc.
11-700 Special area and accessory building regulations. Deleting this section. It has no
purpose. These items are covered by the International Building Code as well as 11-701(1)
and 11-701(2) are confusing. One states that the inner court need not be more than 20 feet
wide, but two states 25 feet.
131
3
11-704. This section is for height restriction of acc essory structures. Staff are deleting this
section. Maximum height of an accessory structure is covered under 10B-100(E) (6), and
that is the section staff use for plan reviews and approvals.
13-101(f). This section is for the requirement of a garage for every single-family dwelling.
Staff are changing the verbiage from “upon initial construction” to “for each and every.” It
had been stated in the past that the City does not allow garage conversions, but our ordinance
did not contain anything preventing i t. “Initial construction” explicitly states that after it is
constructed, it may be converted, thereby leaving the structure without a garage of any type.
This change corrects that error.
17A-300.E.1. This section is for the irrigation requirements of la ndscaping. Staff amended
the verbiage to require irrigation systems to be compliant with state law (TCEQ) and directs
people to the correct department for permitting irrigation systems. Plan review and
inspections for irrigation systems require licensing a lready covered by Building Inspections
department.
18-200 Permit required. This section references the requirements for a permit for fences
and retaining walls. Staff changed verbiage to identify where measurements are taken from
(bottom of footing), matching NTX COG and surrounding municipalities. Staff also
changed the verbiage to state that it is less than 50% of the fence per year that can be changed
without a permit being required.
18-301 Fee. This section is for the permit fees of a fence or ret aining wall permit. Staff
deleted the section referencing “and on file with the city secretary.” The fee schedule is not
on that portion of the website and confuses people who look for it on the city secretary
portion of the website, as well as serving no purpose by being stated in there.
18-400 Inspection. This section is for the inspection of fences and retaining walls. Staff
altered the verbiage to include “or as needed to verify compliance with the applicable codes
and/or approved design” to match the building codes.
18-601(A). This section is for the allowable materials for fences and retaining walls. Staff
changed verbiage to state “materials listed for that use.” Current verbiage allows for non -
fence materials to be used so long as it is approved by the building official, without any
guidance or limitations. This change provides both.
18-701(A) and (B). This section is for swimming pool barriers. Staff corrected the code
references for residential and commercial swimming pool barriers to match th e adopted
building codes for residential swimming pools and referenced the appropriate state laws for
commercial swimming pools.
Section 22 Certificate of occupancy and compliance. This section is for certificates of
occupancy and compliance. Staff have amended this section by deleting the entire section.
This is already covered by the building codes and nothing contained therein is of any use.
Section 23 Completion of building under construction. Staff have deleted this section. It is
a violation of the building codes to require a structure to adhere to a different code cycle
132
4
than what was adopted by the City when it was applied for, while it is under construction.
The only exception is a project that was allowed to expire during construction and that is
already covered by the IRC and IBC.
25-100. This section is a list of definitions. Staff have corrected the numbering. There is no
purpose to having some numbered 1 or 2 then having 1.1 or 1.2 afterwar ds. Also deleted
definition “(13) Certificate of occupancy and compliance.” This is already defined and
covered by the building codes. It cannot have a different definition anywhere.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
November 10, 2020 – The Planning and Zoning Commission voted (7-0) to recommend approval
text amendments to Appendix A, Section 10B by amending Section 10B-100(b), entitled “General
provisions and standards All accessory uses”; Section 10B-900, entitled “Standards For Storage
Buildings/Greenhouses 120 Square Feet In Area Or Less and/or Less Than Eight Feet In Height”;
Section 10B-1000(D), entitled "Setback From Property Lines" and; Section 10B-1100, entitled
"Location Standards For Swimming Pools And Hot Tubs”; amending Appendix A, Section 10D by
amending Section 10D-2900, entitled "Temporary Accessory Building Regulations” and Sectio n
10D-3100(g), entitled "Tents And Canopies”; amending Appendix A, Section 11 by repealing
Section 11-700, entitled "Special Area and Accessory Building Regulations”; repealing Section 11 -
600, entitled "Rear Yard”; repealing Section 11-704 entitled “Height restrictions” and amending
Section, entitled “Illustrations”; amending Section 13 by amending Section 13 -101, entitled
"Generally"; amending Section 17A by amending Section 17A -300(E), entitled "Irrigation”;
amending Section 18 by amending Section 18 -200, entitled "Permit-required"; amending Section
18 by amending Section 18-400 entitled “Inspection”; amending Section 18 by amending Section
18-601 entitled Fence materials and types; amending Section 18 by amending Section 18 -701
[under 18-700 Swimming pool barriers]; repealing in its entirety Section 22, entitled "Certificate of
Occupancy and Compliance”; repealing in its entirety Section 23, entitled "Completion Of Building
Under Construction"; and amending Section 25 by amending Section 25 -100, entitled “Definitions”
by amending various definitions.
ORDINANCE REVIEW COMMITTEE (ORC) REVIEW
The Ordinance Review Committee (ORC) recommends approval of the Zoning Ordinance
amendment.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the
City Council meeting for text amendments. Notice for this Public Hear ing was published in The
Dallas Morning News on October 30, 2020. No comments, either for or against the text
amendment, were received as of the printing of this packet.
ATTACHMENTS
1. Proposed Amending Ordinances
133
Page 1 of 3
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020-_______
APPENDIX A, SECTION 11-600, 11-70 1, 11-704, AND ILLUSTRATION 3
ORDINANCE AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AMENDING APPENDIX A, SECTION 11
OF THE CODE OF ORDINANCES OF THE CITY OF THE
COLONY, TEXAS, BY AMENDING SECTION 11-600, ENTITLED
"REAR YARD;”AND REPEALING SECTION 11-700, SECTIONS
11-701 AND 11-704 ENTITLED "COURT STANDARDS”AND
“HEIGHT RESTRICTIONS”AND AMENDING APPENDIX A,
ILLUSTRATIONS BY AMENDING ILLUSTRATION 3 ENTITLED
“YARDS”;PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, Section 11-600, entitled “Rear yard” should be amended, Section 11-700,
Sections 11-701 and 11-704 should be repealed in its entirety, and Appendix A, Illustrations,
should be amended by amending Illustration 3, entitled “Yards.”
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2.That the Code of Ordinances of the City of TheColony,Texas, be,and
the same is, hereby amended by amending Appendix A, Section 11-600 entitled “Rear yard”
which shall read as follows:
“11-600. Rear yard.
(11-601) No building or structure shall hereafter be located, erected or altered to have a rear
yard smaller than herein required.
(1) In the A, MF-1, MF-2, MF-3, MF-4, MH and P districts, no main residential
building may be constructed nearer than ten (10) feet to the rear property line. In
the SF-1, SF-2, SF-3 and SF-4 districts, no main residential building may be
constructed nearer than twenty (20) feet to the rear property line.
(2) In the O-1, O-2, NS, GR, LC, HC and I districts, no rear yard is specified for
nonresidential use except where retail, commercial or industrial uses back upon a
common district line, whether separated by an alley or not, dividing the district
134
Page 2 of 3
from any of the residential districts listed herein, a minimum rear yard of ten (10)
feet shall be provided.
(3)Every part of a required rear yard shall be open and unobstructed to the sky from
a point thirty (30) inches above the general ground level of the graded lot, except
for accessory buildings as permitted in 11-702 and the ordinary projections of
window sills, belt courses, cornices and roof overhangs and other architectural
features projecting not to exceed four (4) feet into the required rear yard and usual
landscape planting and lighting.
(4)In the MH and C districts, a minimum rear yard of ten (10) feet shall be provided.
(5)The minimum required rear yard in a PD, Planned Development district, shall be
established on the site plan or by the amending ordinance.
(6)Where multiple-family dwellings exceed two (2) stories in height, a rear yard
equal to one (1) foot for each two (2) feet in height shall be provided except that
no such rear yard need exceed fifty (50) feet as a result of this provision.”
SECTION 3.That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by repealing in its entirety Appendix A, Section 11-700, Section 11-701,
entitled “Court Standards.”
SECTION 4.That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by repealing in its entirety Appendix A, Section 11-700, Section 11-704,
entitled “Height Restrictions.”
SECTION 5.That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending in its entirety Appendix A, Illustrations, by amending
Illustration 3, entitled “Yards” which shall read as follows:
135
Page 3 of 3
SECTION 6.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 7.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect.
SECTION 8.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 9. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 1
ST day of DECEMBER, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
136
Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance amending Appendix A, Section 13 entitled
“Vehicle parking, parking lot and on-site traffic regulations” by amending Section 13-101 entitled “Generally” and
amending Appendix A, Section 17A entitled “Landscaping” by amending Section 17A-300E entitled “Irrigation.”
(Williams)
Suggested Action:
Attachments:
SI20-0003_CC_Staff_Report_Ordinance_amendment_Appendix_A._final_.pdf
Ord. 2020-xxxx Zoning Ordinance - 13-101 17A-300E Amendment.docx
137
1
CITY COUNCIL REPORT
AGENDA DATE: December 1, 2020
DEPARTMENT: Engineering/Development Services Department
SUBJECT SI20-0003: Zoning Text Amendments- Appendix A, Section 10B, Section 10D,
Section 11, Section 13, Section 17, Section 18, Section 22, Section 23, Section 25
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix
A, Section 10B by amending Section 10B-100(b), entitled “General provisions and standards All
accessory uses”; Section 10B-900, entitled “Standards For Storage Buildings/Greenhouses 120
Square Feet In Area Or Less and/or Less Than Eight Feet In Height”; Section 10B-1000(D), entitled
"Setback From Property Lines" and; Section 10B-1100, entitled "Location Standards For
Swimming Pools And Hot Tubs”; amending Appendix A, Section 10D by amending Section 10D -
2900, entitled "Temporary Accessory Building Regulations” and Sectio n 10D-3100(g), entitled
"Tents And Canopies”; amending Appendix A, Section 11 by repealing Section 11 -700, entitled
"Special Area and Accessory Building Regulations”; repealing Section 11 -600, entitled "Rear
Yard”; repealing Section 11-704 entitled “Height restrictions” and amending Section, entitled
“Illustrations”; amending Section 13 by amending Section 13 -101, entitled "Generally"; amending
Section 17A by amending Section 17A-300(E), entitled "Irrigation”; amending Section 18 by
amending Section 18 -200, entitled "Permit-required"; amending Section 18 by amending Section
18-400 entitled “Inspection”; amending Section 18 by amending Section 18 -601 entitled Fence
materials and types; amending Section 18 by amending Section 18 -701 [under 18-700 Swimming
pool barriers]; repealing in its entirety Section 22, entitled "Certificate of Occupancy and
Compliance”; repealing in its entirety Section 23, entitled "Completion Of Building Under
Construction"; and amending Section 25 by amending Section 25 -100, entitled “Definitions” by
amending various definitions.
BACKGROUND
During customary staff review and maintenance of the Zoning Ordinance, Staff found the Zoning
Ordinance needed amending to revise outdated text, eliminate redundancy, and increase clarity
regarding the review and administration of accessory structures. Accordingly, a list of sections for
amendment was established by staff; the sections for amendment with summary are as follows:
Summary of proposed amendments
Appendix A
10B-100(b). This section is for general requirements for accessory structures. Staff is adding
the word “detached” to “patios/patio covers.” Attached patio covers or patios fall under
remodels, not accessory structures. By definition, an accessory structure is separa te from
the primary structure.
10B-900. This section is for accessory structures that do not require a permit. Staff is
changing the verbiage of this section throughout from “less than 120 square feet” to “120
square feet or less” to correct a gap staff had in our ordinance (staff have 10B-900 stating
138
2
“less than 120 square feet” and 10B-1000 stating “greater than 120 square feet.” Leaving
out anything that is 120 square feet). This also puts the accessory structure requirements for
scopes of work this size in alignment with the building codes.
10B-1000. This section is for storage buildings and greenhouses. Staff is changing the
verbiage to state that storage buildings and greenhouses cannot be less than 3 feet from
property lines. This change places this section in alignment with all other accessory structure
requirements and prevents these types of structures from altering property drainage and
causing drainage issues.
10B-1100. This section is for swimming pools and spas. Staff added the word “Location”
to the title since all pool and spa standards are now covered by the 2018 ISPSC.
10B-1100(a) Permit Required. Deleted this section. Already covered by the building codes.
10B-1100(h) Compliance with building code. Changed verbiage from “applicable building
code” to “currently adopted edition of the International Swimming Pool and Spa Code.”
This will help direct people to the appropriate building code for information in lieu of
making them guess.
10D-2900 Temporary accessory buildings. This section is for temporary buildings such as
would be used at a school during construction. Staff deleted “Home sales office (within a
model home)” from this section. It is there in error. The use of a residential homes for home
sales offices is covered under 10D-2400 and these cannot be considered temporary
accessory buildings.
10D-2900(d) Added “accessory” to the statement of maximum number of buildings on a
tract of land to clarify that it pertains to temporary struc tures.
10D-3100(g) Permit. Amended the size of a tent requiring a permit from 400 to 100 to match
our practices for more than the last two years and our applications as well as section 10D-
400 which also requires permits for tents of 100 square feet or more. Although this section
of ordinance is intended more towards the tents selling seasonal items (pumpkins for
Halloween, flowers for Valentine’s Day, etc.) our ordinance does not state that, nor does it
provide any clarification of a temporary use under 10D-400 and this section.
11-600(1). This section details the requirements for rear yards. Staff is changing this section
by removing the reference to “(50) per cent” over the midline of the property. It is unclear
what was intended by this section of o rdinance. The requirements for a structure’s location
and size are already covered in other sections such as required setbacks, maximum lot
coverage, etc.
11-700 Special area and accessory building regulations. Deleting this section. It has no
purpose. These items are covered by the International Building Code as well as 11-701(1)
and 11-701(2) are confusing. One states that the inner court need not be more than 20 feet
wide, but two states 25 feet.
139
3
11-704. This section is for height restriction of acc essory structures. Staff are deleting this
section. Maximum height of an accessory structure is covered under 10B-100(E) (6), and
that is the section staff use for plan reviews and approvals.
13-101(f). This section is for the requirement of a garage for every single-family dwelling.
Staff are changing the verbiage from “upon initial construction” to “for each and every.” It
had been stated in the past that the City does not allow garage conversions, but our ordinance
did not contain anything preventing i t. “Initial construction” explicitly states that after it is
constructed, it may be converted, thereby leaving the structure without a garage of any type.
This change corrects that error.
17A-300.E.1. This section is for the irrigation requirements of la ndscaping. Staff amended
the verbiage to require irrigation systems to be compliant with state law (TCEQ) and directs
people to the correct department for permitting irrigation systems. Plan review and
inspections for irrigation systems require licensing a lready covered by Building Inspections
department.
18-200 Permit required. This section references the requirements for a permit for fences
and retaining walls. Staff changed verbiage to identify where measurements are taken from
(bottom of footing), matching NTX COG and surrounding municipalities. Staff also
changed the verbiage to state that it is less than 50% of the fence per year that can be changed
without a permit being required.
18-301 Fee. This section is for the permit fees of a fence or ret aining wall permit. Staff
deleted the section referencing “and on file with the city secretary.” The fee schedule is not
on that portion of the website and confuses people who look for it on the city secretary
portion of the website, as well as serving no purpose by being stated in there.
18-400 Inspection. This section is for the inspection of fences and retaining walls. Staff
altered the verbiage to include “or as needed to verify compliance with the applicable codes
and/or approved design” to match the building codes.
18-601(A). This section is for the allowable materials for fences and retaining walls. Staff
changed verbiage to state “materials listed for that use.” Current verbiage allows for non -
fence materials to be used so long as it is approved by the building official, without any
guidance or limitations. This change provides both.
18-701(A) and (B). This section is for swimming pool barriers. Staff corrected the code
references for residential and commercial swimming pool barriers to match th e adopted
building codes for residential swimming pools and referenced the appropriate state laws for
commercial swimming pools.
Section 22 Certificate of occupancy and compliance. This section is for certificates of
occupancy and compliance. Staff have amended this section by deleting the entire section.
This is already covered by the building codes and nothing contained therein is of any use.
Section 23 Completion of building under construction. Staff have deleted this section. It is
a violation of the building codes to require a structure to adhere to a different code cycle
140
4
than what was adopted by the City when it was applied for, while it is under construction.
The only exception is a project that was allowed to expire during construction and that is
already covered by the IRC and IBC.
25-100. This section is a list of definitions. Staff have corrected the numbering. There is no
purpose to having some numbered 1 or 2 then having 1.1 or 1.2 afterwar ds. Also deleted
definition “(13) Certificate of occupancy and compliance.” This is already defined and
covered by the building codes. It cannot have a different definition anywhere.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
November 10, 2020 – The Planning and Zoning Commission voted (7-0) to recommend approval
text amendments to Appendix A, Section 10B by amending Section 10B-100(b), entitled “General
provisions and standards All accessory uses”; Section 10B-900, entitled “Standards For Storage
Buildings/Greenhouses 120 Square Feet In Area Or Less and/or Less Than Eight Feet In Height”;
Section 10B-1000(D), entitled "Setback From Property Lines" and; Section 10B-1100, entitled
"Location Standards For Swimming Pools And Hot Tubs”; amending Appendix A, Section 10D by
amending Section 10D-2900, entitled "Temporary Accessory Building Regulations” and Sectio n
10D-3100(g), entitled "Tents And Canopies”; amending Appendix A, Section 11 by repealing
Section 11-700, entitled "Special Area and Accessory Building Regulations”; repealing Section 11 -
600, entitled "Rear Yard”; repealing Section 11-704 entitled “Height restrictions” and amending
Section, entitled “Illustrations”; amending Section 13 by amending Section 13 -101, entitled
"Generally"; amending Section 17A by amending Section 17A -300(E), entitled "Irrigation”;
amending Section 18 by amending Section 18 -200, entitled "Permit-required"; amending Section
18 by amending Section 18-400 entitled “Inspection”; amending Section 18 by amending Section
18-601 entitled Fence materials and types; amending Section 18 by amending Section 18 -701
[under 18-700 Swimming pool barriers]; repealing in its entirety Section 22, entitled "Certificate of
Occupancy and Compliance”; repealing in its entirety Section 23, entitled "Completion Of Building
Under Construction"; and amending Section 25 by amending Section 25 -100, entitled “Definitions”
by amending various definitions.
ORDINANCE REVIEW COMMITTEE (ORC) REVIEW
The Ordinance Review Committee (ORC) recommends approval of the Zoning Ordinance
amendment.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the
City Council meeting for text amendments. Notice for this Public Hear ing was published in The
Dallas Morning News on October 30, 2020. No comments, either for or against the text
amendment, were received as of the printing of this packet.
ATTACHMENTS
1. Proposed Amending Ordinances
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020-________
APPENDIX A, SECTION 13-101 AND 17A-300E. ORDINANCE AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AMENDING APPENDIX A, SECTION 13
OF THE CODE OF ORDINANCES OF THE CITY OF THE
COLONY, TEXAS, ENTITLED “VEHICLE PARKING, PARKING
LOT AND ON-SITE TRAFFIC REGULATIONS” BY AMENDING
SECTION 13-101, ENTITLED “GENERALLY;”SECTION 17A OF
THE CODE OF ORDINANCES OF THE CITY OF THE COLONY,
TEXAS, ENTITLED “LANDSCAPING” BY AMENDING SECTION
17A-300 E, ENTITLED “IRRIGATION”; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, Section 13 entitled “Vehicle parking, parking lot and on-site traffic
regulations” should be amended by amending Section 13-101, entitled “Generally”, and
that Appendix A, Section 17A, Section 17A-300.E entitled "Irrigation" should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Appendix A, Section 13, entitled “Vehicle parking,
parking lot and on-site traffic regulations” by amending Section 13-101, entitled “Generally,”
which shall read as follows:
“13-101. Generally.
These requirements apply generally to all districts except as otherwise noted:
(a) Except as expressly allowed in this section, required off-street parking spaces must be
located on the same lot or parcel as the principal use. No off-street parking shall be
allowed within required setbacks, except that parking for single family and two-family
dwellings may be located in the driveway of the individual units.
(b) In all residential zoning districts and the office districts (O-1 and O-2), no parking space,
garage or carport or other automobile storage space or structure shall be used for the
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storage of any truck or trailer except a panel or pickup truck not exceeding one-ton gross
registered carrying capacity.
(c) In all residential zoning districts, except for the manufactured home (MH) districts, a
boat or recreational vehicle including a motor home or travel trailer may be parked or
stored on the residential premises of the owner provided that such boat, vehicle or motor
home may be parked or stored only within that portion of the residential lot which is
located to the rear of the required front yard line.
(d) The floor area of structures devoted to off-street parking of vehicles shall be excluded
in computing the floor area for off-street parking requirements.
(e) Private access drives to parking lots or areas which are accessory to or serve
nonresidential uses in the O-1, O-2, GR, C, I or nonresidential PD district shall not be
through residential districts.
(f) An enclosed, attached or detached garage of not less than 440 square feet in floor area
and with a minimum width of 20 feet shall be provided for each and every single-family
dwelling unit, regardless of zoning district.”
SECTION 3. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Appendix A, Section 17A, Section 17A-300.E entitled
"Irrigation" which shall read as follows:
“E. Irrigation.
1. All required landscaped areas shall be irrigated in compliance with TCEQ irrigation
rules and laws. An irrigation permit must be applied for through the Building
Inspections department.
2.The irrigation system shall be in place and operational at the time of the landscape
inspection for certificate of occupancy and/or building final, and be maintained and
kept operational at all times.
3.Landscape plans shall include an irrigation drawing which shall indicate the nature
and location of irrigation which will be used.
4.No irrigation shall be required for undisturbed natural areas or undisturbed existing
trees.”
SECTION 4.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all
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other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect.
SECTION 6.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 7. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 1
ST day of DECEMBER, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:5.6
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance amending Appendix A, Section 18 entitled “Fence
and wall regulations,” repealing Section 22, entitled “Certificate of occupancy and compliance,” repealing
Section 23, entitled “Completion of building under construction” and amending Section 25, entitled “Definitions.”
(Williams)
Suggested Action:
Attachments:
SI20-0003_CC_Staff_Report_Ordinance_amendment_Appendix_A._final_.pdf
Ord. 2020-xxxx Zoning Ordinance - Sections 18 22 23 and 25.docx
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1
CITY COUNCIL REPORT
AGENDA DATE: December 1, 2020
DEPARTMENT: Engineering/Development Services Department
SUBJECT SI20-0003: Zoning Text Amendments- Appendix A, Section 10B, Section 10D,
Section 11, Section 13, Section 17, Section 18, Section 22, Section 23, Section 25
Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix
A, Section 10B by amending Section 10B-100(b), entitled “General provisions and standards All
accessory uses”; Section 10B-900, entitled “Standards For Storage Buildings/Greenhouses 120
Square Feet In Area Or Less and/or Less Than Eight Feet In Height”; Section 10B-1000(D), entitled
"Setback From Property Lines" and; Section 10B-1100, entitled "Location Standards For
Swimming Pools And Hot Tubs”; amending Appendix A, Section 10D by amending Section 10D -
2900, entitled "Temporary Accessory Building Regulations” and Sectio n 10D-3100(g), entitled
"Tents And Canopies”; amending Appendix A, Section 11 by repealing Section 11 -700, entitled
"Special Area and Accessory Building Regulations”; repealing Section 11 -600, entitled "Rear
Yard”; repealing Section 11-704 entitled “Height restrictions” and amending Section, entitled
“Illustrations”; amending Section 13 by amending Section 13 -101, entitled "Generally"; amending
Section 17A by amending Section 17A-300(E), entitled "Irrigation”; amending Section 18 by
amending Section 18 -200, entitled "Permit-required"; amending Section 18 by amending Section
18-400 entitled “Inspection”; amending Section 18 by amending Section 18 -601 entitled Fence
materials and types; amending Section 18 by amending Section 18 -701 [under 18-700 Swimming
pool barriers]; repealing in its entirety Section 22, entitled "Certificate of Occupancy and
Compliance”; repealing in its entirety Section 23, entitled "Completion Of Building Under
Construction"; and amending Section 25 by amending Section 25 -100, entitled “Definitions” by
amending various definitions.
BACKGROUND
During customary staff review and maintenance of the Zoning Ordinance, Staff found the Zoning
Ordinance needed amending to revise outdated text, eliminate redundancy, and increase clarity
regarding the review and administration of accessory structures. Accordingly, a list of sections for
amendment was established by staff; the sections for amendment with summary are as follows:
Summary of proposed amendments
Appendix A
10B-100(b). This section is for general requirements for accessory structures. Staff is adding
the word “detached” to “patios/patio covers.” Attached patio covers or patios fall under
remodels, not accessory structures. By definition, an accessory structure is separa te from
the primary structure.
10B-900. This section is for accessory structures that do not require a permit. Staff is
changing the verbiage of this section throughout from “less than 120 square feet” to “120
square feet or less” to correct a gap staff had in our ordinance (staff have 10B-900 stating
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“less than 120 square feet” and 10B-1000 stating “greater than 120 square feet.” Leaving
out anything that is 120 square feet). This also puts the accessory structure requirements for
scopes of work this size in alignment with the building codes.
10B-1000. This section is for storage buildings and greenhouses. Staff is changing the
verbiage to state that storage buildings and greenhouses cannot be less than 3 feet from
property lines. This change places this section in alignment with all other accessory structure
requirements and prevents these types of structures from altering property drainage and
causing drainage issues.
10B-1100. This section is for swimming pools and spas. Staff added the word “Location”
to the title since all pool and spa standards are now covered by the 2018 ISPSC.
10B-1100(a) Permit Required. Deleted this section. Already covered by the building codes.
10B-1100(h) Compliance with building code. Changed verbiage from “applicable building
code” to “currently adopted edition of the International Swimming Pool and Spa Code.”
This will help direct people to the appropriate building code for information in lieu of
making them guess.
10D-2900 Temporary accessory buildings. This section is for temporary buildings such as
would be used at a school during construction. Staff deleted “Home sales office (within a
model home)” from this section. It is there in error. The use of a residential homes for home
sales offices is covered under 10D-2400 and these cannot be considered temporary
accessory buildings.
10D-2900(d) Added “accessory” to the statement of maximum number of buildings on a
tract of land to clarify that it pertains to temporary struc tures.
10D-3100(g) Permit. Amended the size of a tent requiring a permit from 400 to 100 to match
our practices for more than the last two years and our applications as well as section 10D-
400 which also requires permits for tents of 100 square feet or more. Although this section
of ordinance is intended more towards the tents selling seasonal items (pumpkins for
Halloween, flowers for Valentine’s Day, etc.) our ordinance does not state that, nor does it
provide any clarification of a temporary use under 10D-400 and this section.
11-600(1). This section details the requirements for rear yards. Staff is changing this section
by removing the reference to “(50) per cent” over the midline of the property. It is unclear
what was intended by this section of o rdinance. The requirements for a structure’s location
and size are already covered in other sections such as required setbacks, maximum lot
coverage, etc.
11-700 Special area and accessory building regulations. Deleting this section. It has no
purpose. These items are covered by the International Building Code as well as 11-701(1)
and 11-701(2) are confusing. One states that the inner court need not be more than 20 feet
wide, but two states 25 feet.
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11-704. This section is for height restriction of acc essory structures. Staff are deleting this
section. Maximum height of an accessory structure is covered under 10B-100(E) (6), and
that is the section staff use for plan reviews and approvals.
13-101(f). This section is for the requirement of a garage for every single-family dwelling.
Staff are changing the verbiage from “upon initial construction” to “for each and every.” It
had been stated in the past that the City does not allow garage conversions, but our ordinance
did not contain anything preventing i t. “Initial construction” explicitly states that after it is
constructed, it may be converted, thereby leaving the structure without a garage of any type.
This change corrects that error.
17A-300.E.1. This section is for the irrigation requirements of la ndscaping. Staff amended
the verbiage to require irrigation systems to be compliant with state law (TCEQ) and directs
people to the correct department for permitting irrigation systems. Plan review and
inspections for irrigation systems require licensing a lready covered by Building Inspections
department.
18-200 Permit required. This section references the requirements for a permit for fences
and retaining walls. Staff changed verbiage to identify where measurements are taken from
(bottom of footing), matching NTX COG and surrounding municipalities. Staff also
changed the verbiage to state that it is less than 50% of the fence per year that can be changed
without a permit being required.
18-301 Fee. This section is for the permit fees of a fence or ret aining wall permit. Staff
deleted the section referencing “and on file with the city secretary.” The fee schedule is not
on that portion of the website and confuses people who look for it on the city secretary
portion of the website, as well as serving no purpose by being stated in there.
18-400 Inspection. This section is for the inspection of fences and retaining walls. Staff
altered the verbiage to include “or as needed to verify compliance with the applicable codes
and/or approved design” to match the building codes.
18-601(A). This section is for the allowable materials for fences and retaining walls. Staff
changed verbiage to state “materials listed for that use.” Current verbiage allows for non -
fence materials to be used so long as it is approved by the building official, without any
guidance or limitations. This change provides both.
18-701(A) and (B). This section is for swimming pool barriers. Staff corrected the code
references for residential and commercial swimming pool barriers to match th e adopted
building codes for residential swimming pools and referenced the appropriate state laws for
commercial swimming pools.
Section 22 Certificate of occupancy and compliance. This section is for certificates of
occupancy and compliance. Staff have amended this section by deleting the entire section.
This is already covered by the building codes and nothing contained therein is of any use.
Section 23 Completion of building under construction. Staff have deleted this section. It is
a violation of the building codes to require a structure to adhere to a different code cycle
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than what was adopted by the City when it was applied for, while it is under construction.
The only exception is a project that was allowed to expire during construction and that is
already covered by the IRC and IBC.
25-100. This section is a list of definitions. Staff have corrected the numbering. There is no
purpose to having some numbered 1 or 2 then having 1.1 or 1.2 afterwar ds. Also deleted
definition “(13) Certificate of occupancy and compliance.” This is already defined and
covered by the building codes. It cannot have a different definition anywhere.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
November 10, 2020 – The Planning and Zoning Commission voted (7-0) to recommend approval
text amendments to Appendix A, Section 10B by amending Section 10B-100(b), entitled “General
provisions and standards All accessory uses”; Section 10B-900, entitled “Standards For Storage
Buildings/Greenhouses 120 Square Feet In Area Or Less and/or Less Than Eight Feet In Height”;
Section 10B-1000(D), entitled "Setback From Property Lines" and; Section 10B-1100, entitled
"Location Standards For Swimming Pools And Hot Tubs”; amending Appendix A, Section 10D by
amending Section 10D-2900, entitled "Temporary Accessory Building Regulations” and Sectio n
10D-3100(g), entitled "Tents And Canopies”; amending Appendix A, Section 11 by repealing
Section 11-700, entitled "Special Area and Accessory Building Regulations”; repealing Section 11 -
600, entitled "Rear Yard”; repealing Section 11-704 entitled “Height restrictions” and amending
Section, entitled “Illustrations”; amending Section 13 by amending Section 13 -101, entitled
"Generally"; amending Section 17A by amending Section 17A -300(E), entitled "Irrigation”;
amending Section 18 by amending Section 18 -200, entitled "Permit-required"; amending Section
18 by amending Section 18-400 entitled “Inspection”; amending Section 18 by amending Section
18-601 entitled Fence materials and types; amending Section 18 by amending Section 18 -701
[under 18-700 Swimming pool barriers]; repealing in its entirety Section 22, entitled "Certificate of
Occupancy and Compliance”; repealing in its entirety Section 23, entitled "Completion Of Building
Under Construction"; and amending Section 25 by amending Section 25 -100, entitled “Definitions”
by amending various definitions.
ORDINANCE REVIEW COMMITTEE (ORC) REVIEW
The Ordinance Review Committee (ORC) recommends approval of the Zoning Ordinance
amendment.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to the
City Council meeting for text amendments. Notice for this Public Hear ing was published in The
Dallas Morning News on October 30, 2020. No comments, either for or against the text
amendment, were received as of the printing of this packet.
ATTACHMENTS
1. Proposed Amending Ordinances
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020-________
APPENDIX A, SECTION 18, 22, 23 AND 25 ORDINANCE AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING APPENDIX A, SECTION 18 OF THE
CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS,
BY REPEALING IN ITS ENTIRETY SECTION 18, ENTITLED
"FENCE AND WALL REGULATIONS," AND REPLACING IT WITH
A NEW SECTION 18, ENTITLED "FENCE AND WALL
REGULATIONS;” AMENDING APPENDIX A BY REPEALING IN ITS
ENTIRETY SECTION 22, ENTITLED “CERTIFICATE OF
OCCUPANCY AND COMPLIANCE”; AMENDING APPENDIX A BY
REPEALING IN ITS ENTIRETY SECTION 23, ENTITLED
“COMPLETION OF BUILDING UNDER CONSTRUCTION”; AND
AMENDING APPENDIX A BY AMENDING SECTION 25, ENTITLED
“DEFINITIONS”; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, Section 18, entitled “Fence and wall regulations” should be amended, Section
22, entitled “Certificate of occupancy and compliance” should be repealed in its entirety,
Section 23, entitled “Completion of building under construction” should be repealed in its
entirety, and Section 25, entitled “Definitions” should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas, be, and
the same is, hereby amended by amending Appendix A, section 18 by repealing in its entirety
Section 18, and replacing it with a new Section 18, entitled "Fence and wall regulations"
which shall read as follows:
“SECTION 18. – Fence and wall regulations
18-100. Definitions.
As used in this section, the following terms shall have the respective meanings ascribed to
them:
Above-ground/on-ground pool:See Swimming pool.
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Barrier:A fence, wall, building wall or combination thereof, which completely surrounds
the swimming pool and obstructs access to the swimming pool.
Corner lot:A lot situated as the junction of two or more dedicated public streets.
Fence:Any wall or structure more than 24 inches in height constructed for the purpose of
enclosing, screening, restricting access to, or decoration of, any lot, building or structure.
Fence angle arms:Angle arms attached to the top rail of a fence for the purpose of attaching
barbed wire, razor wire and similar materials. Fence arms may be permitted on fences located in
industrial districts so long as they do not extend beyond the property line.
Front yard:An open, unoccupied space on a lot facing a street and extending from the front
of the lot to the front of the principal building, between the side lot lines.
Hot tub:See Swimming pool.
In-ground pool:See Swimming pool.
Rear yard:A space unoccupied by the principal structure extending for the full width of the
lot between a principal structure and the rear lot line.
Repair:The construction, repair or replacement of less than 50 percent of the perimeter of
an existing fence within a 12-month period.
Residential:That which is situated on the premises of a detached one- or two-family
dwelling or a one-family town house not more than three stories in height.
Retaining wall:A wall designed to resist the lateral displacement of soil or other materials.
Reverse frontage corner lot:A corner lot where the rear lot line is adjacent to a side lot line
of an adjoining lot or across an alley from such side lot line.
Side yard:An open unoccupied space on the same lot with the building, situated between
the building and the side line of the lot, and extending from the front yard to the rear yard.
Spa, portable:A nonpermanent or permanent, portable or nonportable structure intended for
recreational bathing, in which all controls, water-heating and water-circulating equipment are
connected or part of such structure.
Swimming pool:Any structure intended for swimming or recreational bathing that contains
water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming
pools, hot tubs and spas.
18-200. Permit-required.
It shall be unlawful for any person to construct or have constructed any type of fence or
retaining wall, without first having secured a permit from the city. Provided however, a permit
shall not be required to repair less than fifty percent (50%) of an existing fence per anum or to
construct a retaining wall less than four feet in height measured from bottom of footing to the top
of wall. Any stone, masonry or brick wall or fence constructed of similar materials greater than
four feet in height shall be engineered, designed and the plans sealed by a state professional
engineer.
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18-300. Fee and application.
(18-301)Fee.Prior to the issuance of any building permit required by this section, a fee as
established by resolution of the city council shall accompany the application for such
permit, payable to the city, for the issuance of the permit and the inspection to be made
upon completion of the fence or retaining wall.
18-302 Application.Any person must supply the following information when applying for a
permit to erect a fence or retaining wall under this section:
(A) Applicant's name and address; and if the person represents a company or corporation,
the name and address of the foreman of the company or corporation together with
the name of the president of the same shall be supplied.
(B) Name of owner of the property.
(C) Local address where fence is to be erected.
(D) Materials of construction.
(E) Height of fence.
(F) Graphic outline of the property to be fenced, with the fence signified by distinctive
lines which delineate the location of such fence.
(G) Approximate value.
(H) If required, plans and structural drawings shall be stamped and signed by a
professional civil or structural engineer.
18-400. Inspection.
Upon completion of installation of any fence or retaining wall, or as needed to verify
compliance with the applicable codes and/or approved design, the building official shall be
called upon for inspection thereof. The building official or the building official's designee will
then issue a certificate of acceptance or a rejection slip indicating the defects. All fences and
retaining walls constructed under the provisions of this section shall be maintained in proper
working condition and in good repair and so as to comply with the requirements of this section at
all times.
18-500. Public property.
No fence or guy wires, braces or posts of such fence shall be constructed upon or caused,
allowed or permitted to protrude over property that the city or the general public has dominion
and control over, owns or has an easement over, under, around or through, except upon utility
easements which are permitted to be fenced.
18-600. General standards.
18-601 Fence materials and types.
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(A) Except as otherwise stated herein, fences shall be constructed of stone, masonry,
brick, wood, vinyl, chain link, wrought iron or other materials listed for that use that
the chief building official determines have the same quality, appearance and
durability. Products manufactured for other uses such as but not limited to plywood,
corrugated steel, tarping material or fiberglass panels are prohibited fence materials.
(B) In order to allow ingress and egress of fire department and police department
personnel there must be at least one gate no less than three feet wide on each fence
that is adjacent or parallel to a public alley or utility easement.
(C) Any fence erected or maintained in the city shall not be electrically charged or barbed
wire unless approved by the building official.
18-602 Rear yard requirements.It shall be unlawful to erect a fence at a height exceeding
eight feet, six inches in any rear yard or along any rear yard lot line.
18-603 Side yard requirements.It shall be unlawful to erect a fence at a height exceeding
eight feet six inches in any side yard or along any side lot line.
18-604 Front yard requirements.No fence shall be constructed or maintained within a front
yard from the front building line to the front lot line, or in the required front yard area of
an unimproved lot within the city, except in residential zoning districts, decorative
fences meeting the following conditions may be erected in front yards:
(A) No fence shall be erected to a height greater than four feet above the finished lot
grade.
(B) The solid area of the fence shall not exceed 50 percent of the total area of the fence.
(C) Wood, wrought iron or plastic products, which are specifically designed for fence
construction, shall be permitted. The building official shall approve samples of all
other materials to be used. Materials or products such as chain link, mesh, rope,
string, wire and wire products including, but not limited to, barbed wire, razor wire,
chicken wire, wire fabric and welded wire fabrics, chain, netting, cut or broken glass,
paper, corrugated metal panels and plywood are prohibited.
18-605 A fence or wall shall not be located within sight visibility triangles as follows:
(A) At street intersections, a triangle with 30-foot sides starting at the corner where two
curb lines intersect and extending out away from the corner for a distance of 30 feet
where the two points will intersect to make a triangle as depicted in the following
graphic:
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Permitted Fence Location at Street Intersections
(B) At intersections of alleys with streets, a triangle created from extending from the
back of the sidewalk a distance of ten feet and extending from the edge of pavement
within the alley a distance of ten feet and connecting the two points as depicted in
the following graphic:
Permitted Fence Location at Intersection of Alley with Street
(C) At intersections of driveways with streets, a triangle created from extending from the
back of the sidewalk a distance of ten feet and extending from the edge of driveway
pavement a distance of ten feet and connecting the two points as depicted in the
following graphic:
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Permitted Fence Location at Intersection of Driveway with Street
(D) At intersections of driveways with alleys, a triangle created from extending from the
edge of alley pavement a distance of five feet and extending from the edge of
driveway pavement a distance of five feet and connecting the two points as depicted
in the following graphic:
Permitted Fence Location at Intersection of Driveway with Alley
(18-606)Fence height.Fences shall be measured from the interior adjacent finished grade to
the highest portion of the fence. Fences, which are constructed on top or in conjunction
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with a retaining wall, shall be measured from the top of the wall to the highest portion
of the fence provided the interior finished yard grade is level with the top of the
retaining wall. All rear and side yard fences shall not exceed eight feet, six inches in
height. All front yard fences shall not exceed four feet in height.
18-700. Swimming pool barriers.
(18-701) Indoor and outdoor swimming pools, including an in-ground, above-ground or on-
ground pool, hot tub or spa shall be provided with a barrier, which shall comply with
the following adopted codes:
(A) Residential swimming pools:Most recently adopted edition of the International
Swimming Pool and Spa Code.
(B) Public swimming pools:Most recently adopted edition of the International
Swimming Pool and Spa Code and state Health and Safety codes.
18-800. Maintenance.
(18-801) All fences and retaining walls shall be maintained so as to comply with the
requirements of this section at all times. Such requirements include, but are not limited
to, the following maintenance standards.
(A) Vertical alignment.All fences shall not be out of vertical alignment more than one
and one-half inches per foot of fence height.
(B) General maintenance.
(1) Any and all broken, loose, damaged, rotting, or missing parts (i.e., slats, posts,
rails, panels, gates) must be repaired or replaced with materials permitted by this
article or the fence and its posts completely removed. Any fence enclosing a
swimming pool or spa must be repaired immediately.
(2) A fence that has deteriorated to a condition that is unsafe shall be repaired,
replaced or removed. Removal shall consist of all and any fence materials (i.e.,
slats, posts, rails, panels). Nothing herein shall be construed so as to prohibit the
complete removal of a fence, unless such fence encloses a swimming pool or
spa.
(3) Fences shall not be externally braced with guy wires or any other material that
may be viewable from a public street, right-of-way, alleyway or property and
easements over which the city or the general public has dominion and control.
(4) Retaining walls shall be maintained in a structurally sound condition and not
extend beyond the property line of the premise into the public right-of-way.
Structurally sound condition shall be determined by a certified structural
engineer.
18-900. Screening walls or visual barriers and open storage.
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Any screening wall or fence required under the provisions of the specific use permit,
planned development district, site plan approval or other requirement shall be constructed of
masonry or with a concrete or metal frame supporting a permanent masonry type wall material
which does not contain openings constituting more than forty (40) square inches in each one (1)
square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual
barrier. All wall or fence openings shall be equipped with gates equal in height and screening
characteristics to the wall or fence.
18-1000. Appeals procedures.
All appeals requested for this section must be filed in accordance with section 21 of the
zoning ordinance and chapter 211 of the local government code.”
SECTION 3. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by repealing in its entirety Appendix A, Section 22, entitled “Certificate
of occupancy and compliance.”
SECTION 4. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by repealing in its entirety Appendix A, Section 23, entitled “Completion
of building under construction.”
SECTION 5.That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Appendix A, Section 25, entitled “Definitions,” which shall
read as follows:
“Section 25. - Definitions
25-100.Certain words in this section of ordinance are defined as follows:
(1)Accessory use (permanent)means a use that is customarily incidental, appropriate and
subordinate and incidental to the principal use of land or buildings and that is located
upon the same lot/tract therewith.
(2)Accessory building (residential)means, in a residential district, a subordinate building that
is attached or detached and is used for a purpose that is customarily incidental and
secondary to the main structure but does not change the character of the principal use
and/or involve the conduct of a business. Examples may include, but are not limited to,
the following: a private garage for automobile storage, tool shed, greenhouse, home
workshop, children's playhouse, storage building, garden shelter, etc.
(3)Alley:A public way which affords only secondary means of access to property abutting
thereon.
(4)Apartment:A room or suite of rooms in a multifamily dwelling or apartment house
arranged, designed or occupied as a place of residence by a single family, individual or
group of individuals.
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(5)Apartment house:Any building or portion thereof which is designed, built, rented, leased
or let to be occupied as three (3) or more dwelling units or apartments or which is
occupied as a home or place of residence by three (3) or more families living in
independent dwelling units.
(6)Area of the lot:The area of the lot shall be the net area of the lot and shall not include
portions of streets and alleys.
(7)Automobile:A four-wheeled, self-propelled vehicle designed for passenger
transportation, including electric or natural gas automobiles that run on electricity or
natural gas.
(8)Basement:A building story which is partly underground, but having at least one-half (½)
of its height above the average level of the adjoining ground. A basement shall be counted
as a story in computing building height.
(9)Block:An area enclosed by streets and occupied by or intended for buildings; or if said
word is used as a term of measurement, it shall mean the distance along a side of a street
between the nearest two (2) streets which intersect said street on said side.
(10)Board of adjustment:Zoning board of adjustment as provided for in Section 21.
(11)Building:Any structure built for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind. When subdivided in a manner sufficient to
prevent the spread of fire, each portion so subdivided may be deemed a separate building.
(12)Building line:A line parallel or approximately parallel to the street line at a specified
distance therefrom making the minimum distance from the street line that a building may
be erected.
(13)Building official:The person designated to enforce the zoning and building regulations of
the City of The Colony.
(14)Cargo container means a premanufactured structure, of metal construction, that is
delivered to a site as a fully contained unit. This shall include a container that is designed
as a shipping container and used for portable storage; but shall exclude storage sheds that
are assembled at the site. A cargo container, as defined herein, shall be considered a
structure for purposes of the International Building Code.
(15)Cellar:A building story with more than one-half (½) its height below the average level of
the adjoining ground. A cellar shall not be counted as a story in computing building height.
(16)Certificate of occupancy and compliance:An official certificate issued by the city through
the enforcing official which indicates conformance with or approved conditional waiver
from the zoning regulations and authorizes legal use of the premises for which it is issued.
(17)City council:The governing body of the City of The Colony, Texas.
(18)City manager:Chief administrative officer of the City of The Colony, Texas.
(19)Court:An open, unoccupied space, bounded on more than two (2) sides by the walls of a
building. An inner court is a court entirely surrounded by the exterior walls of a building.
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An outer court is a court having one side open to a street, alley, yard or other permanent
space.
(20)Coverage:The per cent of a lot or tract covered by the roof or first floor of a building. Roof
eaves to the extent of four (4) feet from the walls of a building shall be excluded from the
coverage computations.
(21)Depth of lot:The mean horizontal distance between the front and rear lot lines.
(22)District:A section of the City of The Colony for which the regulations governing the area,
height or use of the land and buildings are uniform.
(23)Dwelling unit:A building or portion of a building which is arranged, occupied, or intended
to be occupied as living quarters and includes facilities for food preparation and sleeping.
(24)Family:Any number of individuals living together as a single housekeeping unit, in which
not more than three (3) individuals are unrelated by blood, marriage or adoption.
(25)Floor area:The total square feet of floor space within the outside dimensions of a building
including each floor level, but excluding cellars, carports or garages.
(26)Heavy load vehicle:A self-propelled vehicle having a manufacturer's recommended gross
vehicle weight rating (GVWR) of greater than 10,000 pounds, such as tractor-trailers,
buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "heavy
load vehicle" unless specifically stated otherwise.
(27)Height:The vertical distance of a building measured from the average established grade at
the street line or from the average natural front yard ground level, whichever is higher, to
(1) the highest point of the roof's surface if a flat surface, (2) to the deck line of mansard
roofs or (3) to the mean height level between eaves and ridge for hip and gable roofs and,
in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks,
water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not
exceeding ten (10) feet in height. If the street grade has not been officially established, the
average front yard grade shall be used for a base level.
(28)Light load vehicle:A self-propelled vehicle having no more than two axles such as a pick-
up truck or van but excluding recreation vehicles and vehicles designed for commercial
hauling or for the moving of home furnishings and similar articles.
(29)Living unit:The room or suite of rooms occupied by a family and must include cooking
facilities to qualify as a living unit.
(30)Lodging house:A building where lodging for four (4) or more persons is provided for
compensation.
(31)Lot:Land occupied or to be occupied by a building and its accessory building, and
including such open spaces as are required under this ordinance and having its principal
frontage upon a public street or officially approved place and complying with Section 16
of this ordinance.
(32)Lot depth:The mean distance between the front and rear lot lines.
(33)Lot lines:The lines bounding a lot as defined herein.
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(34)Lot of record:A lot which is part of a subdivision, the plat of which has been recorded in
the office of the county clerk of Denton County.
(35)Lot width:The width of a lot at the front building line. (See Appendix Illustration 1.)
(36)Main building means the building or buildings on a lot/tract which are occupied by the
primary use.
(37)Motel:An inn or group of cabins designed for occupancy by paying guests, a hotel.
(38)Nonconforming use:A building structure or use of land lawfully occupied at the time of
the effective date of this ordinance or amendments thereto, and which does not conform to
the use regulations of the district in which it is situated.
(39)Occupancy:The use or intended use of the land or buildings by proprietors or tenants.
(40)Open space:Area included in any side, rear or front yard or any unoccupied space on the
lot that is open and unobstructed to the sky except for the ordinary projections of cornices,
eaves and porches but not including dedicated streets or other dedicated public space.
(41)Parking space:An enclosed or unenclosed all-weather surfaced area of not less than one
hundred eighty (180) square feet (measuring approximately 9 feet by 20 feet) not on a
public street or alley, together with an all-weather surfaced driveway connecting the area
with a street or alley permitting free ingress and egress without encroachment on the street
or alley. Any parking adjacent to a public street wherein the maneuvering is done on the
public street shall not be classified as off-street parking in computing the parking area
requirements for any use.
(42)Planning and zoning commission:The agency appointed by the city council as an advisory
body to it relative to zoning matters and the physical development of the city and its
environs.
(43)Portable accessory building:An accessory structure.
(44)Residence:Same as dwelling; also when used with "District," an area of residential
regulations.
(45)Room:A building or portion of a building which is arranged, occupied or intended to be
occupied as living or sleeping quarters, but not including toilet or cooking facilities.
(46)Rooming house:(See Lodging house.)
(47)Sexually oriented business:An inclusive term used to describe collectively the following
businesses: adult arcade, sexually oriented media store, adult cabaret, adult motel, adult
motion picture theatre, adult theatre, escort agency, sex shop, nude model studio, or sexual
encounter center.
(48)Sign:An outdoor advertising device that is a structure or that is attached to or painted on a
building or that is leaned against a structure or displayed on the premises to promote a
person, group, commodity or item or to attract attention to the premises or some object or
item.
(49)Story:The height between the successive floors of a building or from the top floor to the
roof. The standard height for a story is eleven (11) feet six (6) inches.
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(50)Story, half:The space between the top floor and the roof which may be used for residence
purposes but which, because of roof slope and structural design, does not cover more than
fifty (50) per cent of the area of the ground floor of the building.
(51)Street:Any thoroughfare or public driveway, other than an alley, more than thirty (30) feet
in width and which has been dedicated or deeded to the public for public use.
(52)Street line:A dividing line between a lot, tract or parcel of land and a contiguous street,
the right-of-way line.
(53)Structural alterations:Any change in the supporting member of a building, such as a
bearing wall, column, beams or girders.
(54)Structure:(Same as Building.)
(55)Thoroughfare:(Same as Street.)
(56)Yard:An open space other than a court, on the lot in which a building is situated and which
is not obstructed from a point thirty (30) inches above the general ground level of the
graded lot to the sky, except as provided for roof overhang and similar special architectural
features.
(57)Yard, front:An open, unoccupied space on a lot facing a street extending across the front
of the lot between the side lot lines and from the main building to the front lot or street line
with the minimum horizontal distance between the street line and the main building line as
specified for the district in which it is located. (See Appendix Illustrations 3 and 5.)
(58)Yard, rear:An open, unoccupied space, except for accessory buildings as herein permitted,
extending across the rear of a lot from one side lot to the other side lot line and having a
depth between the building and the rear lot line as specified in the district in which the lot
is situated. (See Appendix Illustration 3.)
(59)Yard, side:An open, unoccupied space or spaces on one or two (2) sides of a main building
and on the same lot with the building, situated between the building and a side line of the
lot and extending through from the front yard to the rear yard. Any lot line not the rear line
or a front line shall be deemed a side line. (See Appendix Illustrations 3 and 4.)
(60)Zoning district map:The official certified map upon which the boundaries of the various
zoning districts are drawn and which is an integral part of the zoning ordinance.”
SECTION 6.If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 7.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect.
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SECTION 8.Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 9. This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 1ST day of DECEMBER, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
162
Agenda Item No:5.7
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Discuss and consider approving the City Council meeting schedule for 2021. (Council)
Suggested Action:
Attachments:
Council Meeting Dates - Schedule 2021 DRAFT.doc
163
2021 City Council Meeting Dates
City of The Colony Council meetings are normally the 1st and 3rdTuesdays of each month.
January 5
January 19
February 2
February 16
March 2
(LISD Spring Break March 15-19)
March 15 (Cancelled)
April 6
April 20
May 4
May 18
June 1
June 15
July 6
July 20
August 4 (Wed due to National Night Out Aug 3
rd)
August 17
September 7
September 21
October 6 (Wed due to National Night Out Oct 5
th)
October 19
November 3 (Wed due to the General Election Nov 2nd)
November 16
December 7
December 21
This schedule is subject to change. Confirmation of dates is recommended during months with
holidays.
164
Agenda Item No:5.8
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Discuss and elect Mayor Pro Tem and Deputy Mayor Pro Tem according to the Code of Ordinances, Chapter
2, Section 2-4 (b). (Council)
Suggested Action:
Sec. 2-4. - Same - Election of the mayor pro tem and deputy mayor pro tem.
(a) The city council shall elect a mayor pro tem and deputy mayor pro tem at its first regular meeting in
December of each year.
(b) During election years, in the event city council has not been elected due to a run-off election between
candidates, the city council shall, at its first regular meeting completion of the municipal run-off election, elect
one of its members of the city council to serve as mayor pro tem and deputy mayor pro tem.
Attachments:
165
Agenda Item No:5.9
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Discuss and consider making appointments to Council committees and appoint liaisons to the various Council
appointed boards. (Council)
Suggested Action:
Attachments:
166
Agenda Item No:5.10
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number One Board of
Directors for terms expiring December 2020. (Council)
Suggested Action:
Section 3 of the City of The Colony Ordinance No. 2011-1926 creates a nine (9) member board of directors for
the TIRZ five (5) board members' terms expire December of 2020.
Attachments:
TIRZ #1.doc
167
Updated: December 2019
TAX INCREMENT REINVESTMENT ZONE NO. 1
TERM
NAME PLACE ORIG.APPOINTMENT EXPIRES
Joe McCourry 1 2011 12-20
Richard Boyer, Chair 2 2011 12-20
Troy Powell 3 2011 12-20
Tim Miller, Secretary 4 2011 12-20
Allen Harris, Treasurer 5 2011 12-20
Joel Marks 6 2011 12-21
Perry Schrag 7 2011 12-21
Commissioner Ron Marchant 8 2011 12-21
1029 W. Rosemeade Parkway County appoints
Carrollton, TX 75007
Commissioner Barry Jordan 9 2018 12-21
1819 Addington Drive County appoints
Carrollton, TX 75007
Terms: 2 years, staggered
Members: 9
Designated area is Grandscape.
168
Agenda Item No:5.11
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number One Board of
Directors to serve as Chairman for a one year term. (Council)
Suggested Action:
Attachments:
Sec. 3 of TC Ordinance No. 2011-1926.pdf
169
170
Agenda Item No:5.12
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Discuss and consider making appointments to the Tax Increment Reinvestment Zone Number Two Board of
Directors for terms expiring December 2020. (Council)
Suggested Action:
Section 3 of the City of The Colony Ordinance No. 2013-2034 creates a nine (9) member board of directors for
the TIRZ. Four (4) board members terms expire December 2020.
Attachments:
TIRZ #2.doc
171
Updated December 2019
TAX INCREMENT REINVESTMENT ZONE NO. 2
TERM
NAME PLACE ORIG.APPOINT EXPIRES
Joe McCourry 1 12-13 12-21
Richard Boyer, Chair 2 12-13 12-21
Kirk Mikulec 3 12-13 12-21
Troy Powell 4 12-13 12-20
Tim Miller 5 12-13 12-20
Joel Marks, Secretary 6 12-13 12-20
David Terre 7 12-14 12-20
Kristian Teleki 8 12-13 12-21
320 W. Main
Lewisville, TX 75057
.
Kathy Cunningham 9 12-13 12-21
320 W. Main
Lewisville, TX 75057
Terms: 2 years, staggered
Members: 9
Created by Ord No. 2013-2034, December 3, 2013
Designated Area is The Tribute
172
Agenda Item No:5.13
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Discuss and consider appointing a member of the Tax Increment Reinvestment Zone Number Two Board of
Directors as Chairman for a one year term. (Council)
Suggested Action:
Section 3 of the City of The Colony Ordinance No. 2011-1926 creates a nine (9) member board of directors for
the TIRZ. Section 3 also stipulates that the city council appoint a member of the board to serve as chairman for
a one year term.
Attachments:
Sec. 3 of TC Ordinance No. 2013-3034.pdf
173
174
Agenda Item No:5.14
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Discuss and consider making appointments to the Local Development Corporation Board of Directors for terms
expiring December 2020. (Council)
Suggested Action:
Article XII of the Articles of Incorporation for The Colony Local Development Corporation identify the nine (9)
initial directors of the corporation and their term expiration dates. Five (5) members have terms expiring in
December 2020.
Attachments:
LDC.doc
175
Updated December 2019
LOCAL DEVELOPMENT CORPORATION
TERM
NAME PLACE ORIG.APPOINT/RE-APPOINT EXPIRES
Joe McCourry 1 11-11 12-20
Richard Boyer, Chair 2 11-11 12-20
Brian Wade 3 12-16 12-20
Troy Powell, Treasurer 4 11-11 12-20
Tod Maurina 5 11-11 12-20
David Terre, Secretary 6 11-11 12-21
Kirk Mikulec, Vice-Pres. 7 11-11 12-21
Perry Schrag 8 11-11 12-21
Joel Marks 9 11-11 12-21
Terms: 2 years, staggered
Members: 9
176
Agenda Item No:5.15
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Discuss and consider appointing a member of the Local Development Corporation Board of Directors to serve
as Chairman for a one year term. (Council)
Suggested Action:
Article II, Section I of the By-laws of the Local Development Corporation states that the city council shall appoint
the chairman/president.
Attachments:
Article II Sec. I of Bylaws.pdf
177
178
179
Agenda Item No:5.16
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discuss and consider rescheduling or canceling the December 15, 2020 City Council meeting (Observance of
Christmas) and provide direction to staff (Council)
Suggested Action:
Attachments:
180
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
A. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code to seek legal advice from the city attorney regarding pending or contemplated litigation -
Appeal of Brazos Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v.
Brazos Electric Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas
Government Code regarding commercial or financial information the city has received from a business
prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s).
Suggested Action:
Attachments:
181
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
A. Any action as a result of executive session regarding pending or contemplated litigation - Appeal of Brazos
Electric Power Cooperative, Inc., PUC Docket No. 45175 and City of The Colony, Texas v. Brazos Electric
Power Cooperative, Inc. matter, Cause No. 16-06424-16.
B. Any action as a result of executive session regarding commercial or financial information the city has
received from a business prospect(s).
Suggested Action:
Attachments:
182