HomeMy WebLinkAbout2020 1020Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: October 20, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Receive a presentation, discuss and provide direction to staff regarding traffic at Main Street and Ridgepointe
Drive. (Council)
Suggested Action:
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: October 20, 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: October 20, 2020
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for October 7, 2020. (Stewart)
Suggested Action:
Attachments:
October 7, 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
OCTOBER 7, 2020
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:30 p.m. on the 7
th day of October 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
Present
Present
Present
Absent (Business)
Present
Present
And with 6 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 6:40 p.m.
1.2 Invocation
Councilmember Boyer 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 Proclamation: National Chiropractic Health Month.
Mayor McCourry proclaimed October 2020 as "National Chiropractic
Health" month. The proclamation was accepted by Dr. Andrew Oteo, The Colony's
President of the Texas Chiropractic Association, Region 5 and members of the
association.
Councilmember Marks arrived at 6:45 p.m.
1.6 Items of Community Interest
Mayor recognized Stewart Creek Park Swim Beach Ribbon Cutting held Tuesday,
October 6, 2020. Mayor encouraged citizens to visit this new landmark here in The
Colony.
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City Council – Regular Meeting Agenda
October 7, 2020
Page| 2
Mayor announced Early Voting is to begin Tuesday, October 13, 2020 and end on
October 30, 2020 for the upcoming General Election. Mayor encouraged citizens
to get out and vote on November 3, 2020.
2.0 CITIZEN INPUT
None
3.0 WORK SESSION
3.1 Discussion regarding the status of city facilities and restrictions in The Colony.
Director of Government Relations, Brant Shallenburger, reported on this item to
Council. Mr. Shallenburger discussed the reopening plans and various events of
three facilities that involved the Parks and Recreation Center, the Community
Senior Center and the Aquatic Center.
3.2 Receive a presentation, discuss and provide direction to staff regarding traffic at
Main Street and Ridgepointe Drive.
Councilmember Schrag presented a powerpoint on this item. He discussed possible
solutions to decelerate traffic on Creek Hollow Parkway.
Council provided discussion on this item. Staff will move forward in developing a
plan to bring back for council’s approval.
3.3 Discuss Public Information Requests Quarterly Report as presented for Council
review.
No discussion on this item.
3.4 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Marks; second by Mikulec, motion
carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for September
15, 2020.
4.2 Consider approving Council expenditures for the month of August 2020.
4.3 Consider approving a resolution authorizing the Mayor to execute a Joint Election
Agreement and Contract with Denton County Elections Administrator for election
services for the November 3, 2020 City Council Election.
RESOLUTION NO. 2020-049
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City Council – Regular Meeting Agenda
October 7, 2020
Page| 3
4.4 Consider approving a resolution authorizing the Mayor to execute an Interlocal
Agreement with Denton County for Library Services.
RESOLUTION NO. 2020-050
4.5 Consider approving a resolution authorizing the City Manager to execute a
Professional Services Contract with MHS Planning and Design LLC in the amount
of $21,610.00 with funding provided by the Lake Parks Fund for design services
for the Stewart Creek Park Restroom Project.
RESOLUTION NO. 2020-051
4.6 Consider approving a resolution authorizing the City Manager to execute a contract
with Webuildfun, Inc. for the purchase and installation of seven (7) picnic shelters
in the amount of $86,523.81 at Stewart Creek Park through the BuyBoard
Purchasing Cooperative with funding from the Lake Parks Fund.
RESOLUTION NO. 2020-052
4.7 Consider approving a resolution authorizing the City Manager to execute an
Interlocal Cooperation Agreement for Joint Use of Facilities with Little Elm
Independent School District.
RESOLUTION NO. 2020-053
4.8 Consider approving a resolution authorizing the City Manager to execute an
agreement with US Ecology in the amount of $435,928.00 for the annual contract
of transportation and disposal of non-hazardous bio-solids.
RESOLUTION NO. 2020-054
4.9 Consider approving a resolution authorizing the City Manager to execute Change
Orders # 3 and # 61 and pay the final construction payment under the Advanced
Funding Agreement with the Texas Department of Transportation for Utility
Construction on Main Street.
RESOLUTION NO. 2020-055
4.10 Consider approving a resolution authorizing the City Manager to execute Change
Order # 54 and pay the final construction payment under the Advanced Funding
Agreement with the Texas Department of Transportation for miscellaneous
requested construction services for Main Street.
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City Council – Regular Meeting Agenda
October 7, 2020
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RESOLUTION NO. 2020-056
4.11 Consider approving a resolution authorizing the City Manager to amend the
Purchasing Policy by increasing the dollar requirement from $3,000.00 to
$5,000.00 for obtaining a purchase order and 3 quotes.
RESOLUTION NO. 2020-057
4.12 Consider approving a resolution authorizing the City Manager to renew an
enterprise GIS license agreement with ESRI for 3 years in the amount of $35,000.00
per year for a total of $105,000.00.
RESOLUTION NO. 2020-058
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider approving a resolution authorizing the City Manager to
execute annual contracts with Utility Service Co., Inc. for inspection and
maintenance services of storage tanks located at 5722 N. Colony Boulevard and
5033 Clover Valley.
Assistant City Manager of Administration, Tim Miller, presented the proposed
resolution to Council. Mr. Miller stated the contracts are supporting documents
previously submitted as budgeted projects for rehabilitation and upgrades of
storage tanks that will be maintained over a five year span.
Motion to postpone- Schrag; second by Boyer, motion carried with all ayes.
RESOLUTION NO. 2020-059
5.2 Discuss and consider approving a resolution authorizing the City Manager to
allocate funding from the CARES ACT Coronavirus Relief Fund (CRF) to
Lewisville ISD for the purchase of internet solutions for students from the City of
The Colony.
Director of Community Relations and Programming, Joe Perez, presented the
proposed resolution to Council. Mr. Perez stated the City's plan is to contribute
$10,000 of CARES Act funding to assist Lewisville Independent School District in
providing service to students affected by COVID. Bryon Kolbeck, Chief
Technology Officer, Lewisville Independent School District, provided feedback to
Council's inquiries.
Council provided discussion on this item.
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City Council – Regular Meeting Agenda
October 7, 2020
Page| 5
Motion to approve- Mikulec; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2020-060
Executive Session was convened at 8:23 p.m.
6.0 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).
Regular Session was reconvened at 8:52 p.m.
7.0 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
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 8:53 p.m.
APPROVED:
________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
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City Council – Regular Meeting Agenda
October 7, 2020
Page| 6
_______________________________
Tina Stewart, TRMC
City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: October 20, 2020
Submitted by: Eve Morgan
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a contract with InSite Amenities for the
purchase and installation of pavilions at Perryman Park, Friendship Park and Slay/Baker Park in the amount of
$214,175.00 through the BuyBoard Purchasing Cooperative with funding from the Community Development
Corporation. (Morgan)
Suggested Action:
Attachments:
Pavilions Project Summary.pdf
Financial Summary.pdf
Quote 925 Colony update 9.18.20.pdf
InSite Amenities STANDARD FORM OF AGREEMENT.pdf
Res. 2020-xxx InSite Amenities Pavilions Project.doc
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City Council Agenda Item
Meeting Date: October 7th
Parks & Recreation
TITLE
Consider approving a resolution authorizing the City Manager to execute a contract with InSite
Amenities for the purchase and installation of pavilions at Perryman Park, Friendship Park and
Slay/Baker Park through the BuyBoard Purchasing Cooperative with funding from the Community
Development Corporation.
PURPOSE
The Community Development Corporation has provided funding for new pavilion at Perryman Park,
Friendship Park and Slay/Baker Park. The new pavilions will replace two older pavilions at Perryman
Park and Friendship Park. Slay/Baker Park will have its first pavilion which will be adjacent to the
existing playground.
Originally this project was advertised for bid, but the two qualified bids were rejected by City Council on
September 17th, 2019 due to exceeding the project budget. Staff requested a proposal from InSite
Amenities, a BuyBoard member, for pavilions, installation and site work. The proposal is within the
project budget.
RECOMMENDATION
The Community Development Corporation and staff recommend approval of contract with InSite
Amenities for the purchase and installation of pavilions in the amount of $214,175.00 with funds from
the Community Development Corporation.
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Financial Summary:
Are budgeted funds available? ☒ Yes ☐ No Amount budgeted/available: $218,970.00
Fund(s) (Name and number): CDC – 825-659-6610-0039 Project #029-PAV0107
Cost of recommended bid/contract award: $214,175.00
Total estimated project cost:
$ 214,175.00 Total Construction Costs Already authorized? ☒ Yes ☐ No
$ 214,175.00 Total Estimated Costs
Future Cost (if any): $ N/A Revenue Generated: $ N/A
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the _____________ day of __________________ in the year 2020
by and between the CITY OF THE COLONY, TEXAS, a municipal corporation (hereinafter called
OWNER) and INSITE AMENITIES, L.P. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall perform all Work set out forth in Quotation #925 (QUOTE), dated November 8,
2019, attached hereto as Exhibit A, as specified or indicated in the Contract Documents. The Work is
generally described as follows:
The scope of work consists of furnishing and installing pavilions, concrete flatwork, earthwork,
erosion control, turf establishment, temporary irrigation and associated construction activities
in three neighborhood parks: Friendship Park, Perryman Park and Slay-Baker Park, associated
elements and any other work deemed necessary by the City of the Colony.
Contractor shall operate under Buyboard Cooperative Purchasing Agreement, Parks and
Recreation & Field Lighting Products and Installation; INSITE AMENITIES. All of the above
shall be done in accordance with TxDOT and NCTCOG specifications. All construction
sequencing and barricading will be done according to the City of The Colony Standards. The
opinion of probable construction cost for the overall project is $225,000.00.
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
PARK PAVILIONS 2020
City of The Colony
Article 2. ENGINEER.
The City of The Colony Parks and Recreation Department has designed the Project. The QUOTE and
Contract Documents have been established by the City of The Colony Parks and Recreation Department.
Contract administration will be provided by the City of The Colony Parks and Recreation Department
who is hereinafter called ENGINEER and who is to act as OWNER’S representative, assume all duties
and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents.
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Article 3. CONTRACT TIME.
3.1. CONTRACTOR agrees that all work awarded will be completed within 133 calendar days,
including five (5) inclement weather days, from the date when the Contract Time commences to
run as provided in Item 103.6 of the General Provisions, and completed and ready for final
payment in accordance with Item 109.5.4 of the General Provisions.
The Contractor will submit written documentation to the Construction Inspector assigned by the
City to document inclement weather days. Additional inclement weather calendar days will be
added to the contract only if the five (5) inclement weather days included in the QUOTE have
been approved. Contract time will commence to run as provided in the Contract Documents.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents in current funds subject to additions and deductions by Change Orders as
provided in the contract documents in accordance with the lump sum price listed in the QUOTE.
The contract sum shall be the amount of TWO HUNDRED FOURTEEN THOUSAND ONE
HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($214,175.00). The total tangible
personal property cost included in the contract sum is ONE HUNDRED FOUR THOUSAND
NINE HUNDRED FORTY-FIVE AND SEVENTY-FIVE CENTS ($104,945.75).
Article 5. PAYMENT PROCEDURES.
CITY agrees to pay the Contractor on an invoice basis pursuant to the Texas Prompt Payment Act, Texas
Government Code Section 2251, each payment to represent full and final, non-refundable payment for all
Work provided herein prior to the date invoiced.
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR’S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set
forth in Item SC-105.1.2 of the Supplementary Conditions of the extent of the technical data
contained in such reports and drawings upon which CONTRACTOR is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests, reports, and
studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to
the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost,
progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the
performance or furnishing of the Work at the Contract Price, within the Contract Time and in
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accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Item 102.3 of the General Provisions; and no additional examinations,
investigations, explorations, tests, reports, studies, or similar information or data are or will be
required by CONTRACTOR for such purposes.
7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies, or similar information
or data in respect of said Underground Facilities are or will be required by CONTRACTOR in
order to perform and furnish the Work at the Contract Price, within the Contract time and in
accordance with the other terms and conditions of the Contract Documents, including specifically
the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions.
7.4. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions of the
Contract Documents.
7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies
that he has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 1-4 through 1-8, inclusive).
8.2. Exhibits to this Agreement (immediately following this Agreement, inclusive).
8.3. Certificate of Insurance (Exhibit B) shall be provided by the Sub-Contractor, L.J. Design
and Construction, LLC, as the Sub-Contractor to the Contractor, In-Site Amenities. The
City of the Colony shall be listed as additional insured party on the Certificate of Insurance.
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works Construction,
NCTCOG, fourth edition.
8.6. Supplementary Conditions to the NCTCOG, Part 1: General Provisions. (Exhibit D)
8.7. Certificate of Interested Parties (Form 1295) must be provided by the Selected
Contractor per the Texas Legislature adoption of House Bill 1295 which added
section 2252.908 of the Government Code. Selected Contractor must submit the
completed form prior to the City Council Meeting to award the project.
8.8. Specifications bearing the title: "PROJECT MANUAL - Quote, Contract, Bond Forms,
and Specifications for:
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PARK PAVILIONS 2019
City of The Colony
8.9. Addendum to the NCTCOG Standard Specifications for Public Works Construction
included in Appendix B.
8.10. Construction plans, one set consisting of seventeen (17) sheets with title page.
8.11. CONTRACTOR's QUOTE (EXHIBIT A), and Contract Documents (page 1-4 through
1-8).
8.12. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: All Written Amendments and other documents amending,
modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3
of the General Provisions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly
noted otherwise above).
The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2
and 109.3 of the General Provisions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 101.1 of the General Provisions will
have the meanings indicated in the General Provisions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be bound;
and specifically but without limitation moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect of all covenants, agreements and obligations contained in the Contract Documents.
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Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER
on their behalf.
This Agreement will be effective on __________________________________, 2019.
OWNER: CONTRACTOR:
City of The Colony NAME
6800 Main Street ADDRESS
The Colony, TX 75056 CITY, STATE ZIP
BY: _____________________________ BY: __________________________________
TITLE: City Manager TITLE: _______________________________
ATTEST: _________________________ ATTEST: ______________________________
Address for giving notices: Address for giving notices:
City of the Colony NAME_________________________________
5151 North Colony Blvd. ADDRESS______________________________
The Colony, Texas 75056 CITY, STATE ZIP________________________
Attn: Eve Morgan, PLA Attn: NAME___________________________
Park Development Manager
(If OWNER is a public body, attach (If CONTRACTOR is a corporation, attach
evidence of authority to sign and evidence of authority to sign.)
resolution or other documents
authorizing execution of Agreement.)
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - ____
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF A STANDARD
FORM OF AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND INSITE AMENITIES FOR THE PURCHASE AND
INSTALLATION OF PAVILIONS AT PERRYMAN PARK,
FRIENDSHIP PARK AND SLAY/BAKER PARK THROUGH THE
BUYBOARD PURCHASING COOPERATIVE WITH FUNDING
FROM THE COMMUNITY DEVELOPMENT CORPORATION,
WHICH IS ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “A”; AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT; PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to execute a standard form of agreement for the purchase and installation of
pavilions at Perryman Park, Friendship Park and Slay/Baker Park, which is attached
hereto and incorporated herein as “Exhibit”; and
WHEREAS,the City of The Colony agrees to pay the construction cost for the
overall project in the amount of $214,175.00 through the BuyBoard Purchasing
Cooperative with funding from the Community Development Corporation, which is
attached hereto and incorporated herein as “Exhibit”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The City Council of the City of The Colony authorizes the
execution of a standard form of agreement with InSite Amenities, for the purchase and
installation of pavilions at Perryman Park, Friendship Park and Slay/Baker Park through
the BuyBoard Purchasing Cooperative with funding from the Community Development
Corporation for a total amount of $214,175.00.
Section 2.The City Manager is authorized to execute a standard form of
agreement for said construction, which is attached hereto and incorporated herein as
“Exhibit”.
Section 3.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 20th day of October 2020.
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______________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________________________________
Tina Stewart, TRMC, 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: October 20, 2020
Submitted by: Pam Nelson
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute Consent to Easement Agreement with
the U. S Army Corps of Engineers to allow construction of a portion of The Tribute Shoreline Nature Trail
adjacent to The Tribute Westbury neighborhood. (Nelson)
Suggested Action:
Per our previous Developer's Agreement with Matthews Southwest, they have opted to build public use trails
throughout The Tribute Development In lieu of paying park dedication fees, This segment is another extension
of The Tribute Nature Trail and will be located in the Westbury neighborhood. It will be partially on Tribute HOA
property and on Corps of Engineers land. The Corps requires an easement for the trail on their portion to
ensure it remains available for maintenance and public use.
Attachments:
Tribute Westbury Trail -Corps Easement 10-20-20.pdf
Res 2020-xxx Professional Services-The Tribute Shoreline Nature Trail.docx
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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 THE CONSENT TO EASEMENT AGREEMENT FOR
PROFESSIONAL SERVICES WITH THE U.S. ARMY CORPS OF
ENGINEERS RELATED TO THE PROPOSED TRIBUTE SHORELINE
NATURE TRAIL WITHIN THE TRIBUTE WESTBURY DEVELOPMENT,
AND PROVIDING AN IMMEDIATE EFFECTIVE DATE
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
Section 2.The City Council of the City of The Colony, Texas, has duly reviewed and
considered the Professional Services Agreement by and between the City of The Colony, Texas,
and the U.S. Army Corps of Engineers for professional services related to the proposed Tribute
Shoreline Nature Trail within The Tribute Westbury Development.
Section 3.The City Council of the City of The Colony, Texas, does hereby approve
and authorizes the City Manager to execute the Consent Agreement for Professional Services by
and between the City of The Colony, Texas, and the U.S. Army Corps of Engineers, attached
hereto as Exhibit, and is incorporated herein for all purposes.
Section 4.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
20th day of October, 2020.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, City Secretary
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APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
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Exhibit
Contract for Professional Services
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: October 20, 2020
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution to authorize the setting of a public hearing by the City Council for December 1,
2020 at 6:30 pm in accordance with the requirements of Chapter 395 of the Texas Local Government Code
related to the update of the City’s Impact Fee Ordinance. (Hartline)
Suggested Action:
Summary of Request: Consider approval of a resolution to authorize the setting of a public hearing by the City
Council for December 1, 2020 at 6:30 pm in accordance with the requirements of Chapter 395 of the Texas
Local Government Code related to the update of the City’s Impact Fee Ordinance.
Background:
The impact fee update is a process that is required in order to ensure that the Capital Improvements Plan and
Land Use Assumptions Report are current in order to calculate and set impact fees for water and wastewater.
Chapter 395.053 of the Texas Local Government Code requires, “The governing body of the political subdivision
shall, within 60 days after the date it receives the update of the land use assumptions and the capital
improvements plan, adopt an order setting a public hearing to discuss and review the update and shall
determine whether to amend the plan.” The attached resolution sets the public hearing for the update of the
City’s Impact Fee Ordinance.
The scheduled public hearing date is set for December 1, 2020 at 6:30 P.M.
Proposed Adoption Schedule: Below is a summary of activities that has brought the update to this point. A
schedule for the adoption of the impact fee and report is listed below and follows the scheduling requirements
established by State law.
• Project Kickoff: August 7, 2019
• CIAC Meeting No. 1 (Impact Fee Analysis and Benchmarking): September 8, 2020
• CIAC Meeting No. 2 (Impact Fee Calculations/Benchmarking Consideration/Recommendation
of Impact Fee): September 22, 2020
• City Council (Resolution and Notice of IF Update – within 60 days of receiving the update
of the land use assumptions and capital improvements plan): October 20, 2020
• Newspaper Notice (Publish 30 days prior to Public Hearing (PH)): November 1, 2020
• CIAC written recommendation to City Council (5 business days prior to PH): November 24, 2020
• City Council Public Hearing on Impact fee (adoption with 30 days of PH): December 1, 2020
Recommendation:
Staff recommends the setting of a public hearing by the City Council for December 1, 2020 at 6:30 pm in
accordance with the requirements of Chapter 395 of the Texas Local Government Code related to the update of
the City’s Impact Fee Ordinance.
66
Suggested motion:
I move to recommend approval of a resolution to authorize the setting of a public hearing by the City Council for
December 1, 2020 at 6:30 pm in accordance with the requirements of Chapter 395 of the Texas Local
Government Code related to the update of the City’s Impact Fee Ordinance.
Attachments:
Res. 2020-xxx Impact Fee Ordering Public Hearing.docx
67
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, ORDERING A PUBLIC HEARING TO BE HELD ON
TUESDAY, DECEMBER 1, 2020, TO DISCUSS AND OR APPROVE LAND
USE ASSUMPTIONS, CAPITAL IMPROVEMENT PLANS AND WATER
AND SEWER IMPACT FEE AMENDMENTS; AUTHORIZING THE CITY
SECRETARY TO PUBLISH AND PROVIDE NOTICES REQUIRED FOR
SAID PUBLIC HEARING; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas has previously adopted impact fees pursuant
to Chapter 395 of the Texas Local Government Code; and
WHEREAS,Section 395.052(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to update its land use assumptions and capital improvements plan at least
once every five (5) years; and
WHEREAS,Section 395.044 of the Texas Local Government Code requires the City of
The Colony, Texas, to order a public hearing and publish notice of the public hearing on the
imposition of impact fees at least thirty (30) days before the date of the public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. That the foregoing recitals are hereby found to be true and correct legislative
findings of the City of The Colony, Texas, and are fully incorporated into the body of this
resolution.
Section 2. That the City Council of the City of The Colony, Texas, does hereby schedule a
public hearing to be held on Tuesday, December 1, 2020, at 6:30 p.m., in the City Council
Chambers, located at 6800 Main Street, The Colony, Texas, to consider approving amendments to
the land use assumptions, Capital Improvement Plans, and water and sewer impact fees.
Section 3.That the City Council of the City of The Colony, Texas, does hereby authorize the
City Secretary to publish the following public notice in the official newspaper of the City of The
Colony, Texas, in a form similar to the following:
“NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES”
THE CITY OF THE COLONY, TEXAS, IN ACCORDANCE WITH SECTION 395.055 OF THE
TEXAS LOCAL GOVERNMENT CODE, WILL HOLD A PUBLIC HEARING ON TUESDAY,
DECEMBER 1, 2020, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS, LOCATED AT
6800 MAIN STREET, THE COLONY, TEXAS, TO CONSIDER AND OR APPROVE
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AMENDMENTS OF LAND USE ASSUMPTIONS, WATER AND SEWER CAPITAL
IMPROVEMENTS PLAN, AND IMPOSITION OF AN IMPACT FEE. THE MAXIMUM
IMPACT FEE PER SERVICE UNIT EQUIVILENT IS $ 518.00 FOR WATER FACILITIES
AND $ 4,034.00 FOR WASTEWATER FACILITIES. THE CITY COUNCIL MAY IMPOSE
AN IMPACT FEE PER SERVICE UNIT THAT IS LESS THAN OR EQUAL TO THE
MAXIMUM FEE. ANY MEMBER OF THE PUBLIC HAS THE RIGHT TO APPEAR AT THE
PUBLIC HEARING AND PRESENT EVIDENCE FOR OR AGAINST THE UPDATE.
PLEASE CONTACT THE CITY OF THE COLONY ENGINEERING DEPARTMENT AT 972-
624-3195 WITH ANY QUESTIONS. A DRAFT OF THE IMPACT FEE STUDY MAY BE
VIEWED THROUGH DECEMBER 1, 2020 AT THE COLONY CITY HALL, 6800 MAIN
STREET, THE COLONY, TX, 75056. THE DRAFT OF THE IMPACT FEE STUDY MAY BE
VIEWED BEGINNING FRIDAY OCTOBER 30, 2020.
Section 4.That the City Council of the City of The Colony, Texas, pursuant to Section
395.054 of the Texas Local Government Code, as amended, requires the City to make available
for public inspection, on or before the date of the first publication of the notice of the December
1, 2020, public hearing on the amendments, the land use assumptions, the capital improvements
plan, and any proposed amended impact fee per service unit.
Section 5.That the City Council of the City of The Colony, Texas, pursuant to Section
395.056 of the Texas Local Government Code, as amended, requires the City’s Capital
Improvements Advisory Committee to file written comments on the proposed amendments to the
land use assumptions, capital improvements plan, and impact fee with the City of The Colony,
Texas, by Tuesday, November 6, 2020.
Section 6. That this Resolution shall become effective from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 20
th day of OCTOBER, 2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
69
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: October 20, 2020
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance for amendments to Planned Development-19
(PD-19) District (Ordinance no. 01-1333), by modifying Exhibits B, C, D, and E for the development of an
approximately 97.55 acre tract of land for Business Park (warehouse and light fabrication and assembly) uses.
The subject site is located east of Standridge Drive, north of Memorial Drive, west of Main Street and south of
the Ridgepointe neighborhood. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations
Attachments:
PDA20-0003 -Live Oak Logistics Park PD 19 Amendment CC Staff Report(final)..doc
PDA20-0003.pdf
Exhibit A-Property Desc(LD_97.55 Acre).docx
Exhibits B, C,& D (Plans) Final.pdf
Illustrations (Live Oak Site Layout and Buildings).pdf
Ordinance No. 01-1333 (clearer) for packet.pdf
Ord. 2020-xxxx PD-19 Business Park Amendments.docx
70
CITY COUNCIL REPORT
AGENDA DATE:October 20, 2020
DEPARTMENT:Development Services Department
SUBJECT –PDA20-0003, PD-19 Live Oak Logistic Park- Planned Development Amendment
Conduct a public hearing, discuss and consider an ordinance for amendments to Planned
Development-19 (PD-19) District (Ordinance no. 01-1333), by modifying Exhibits B, C, D, and E
for the development of an approximately 97.55 acre tract of land for Business Park (warehouse and
light fabrication and assembly) uses. The subject site is located east of Standridge Drive, north of
Memorial Drive, west of Main Street and south of the Ridgepointe neighborhood.
APPLICANT/OWNER
Owner:Icon The Colony Land Owner Pool, LLC
Link Industrial Properties New York, NY
Applicant:William Dahlstrom, Jackson Walker, LLP Dallas, TX
EXISTING CONDITION OF PROPERTY
The subject site is currently an approximately 100 acre tract of undeveloped land. The site contains
a mature stand of large canopy trees that buffer the site from the adjacent residential development to
the north.
ADJACENT ZONING AND LAND USE
North - Planned Development-7 (PD-7) Residential (Ridgepointe Neighborhood)
South - Business Park (BP) – Mixed Commercial
East-General Retail (GR) and Planned Development-11 (PD-11) Mixed Commercial
West-City of Lewisville
BACKGROUND
On December 17th, 2001 City Council approved the zoning of the subject site from Business Park
(BP) to Planned Development-19 (PD-19) for Business Park (BP) uses. The PD ordinance provided
a conceptual development plan for a multi-building commercial development on an approximately
102 acre tract. The approved conceptual plan reflects a phased horizontal building configuration
consisting of fifteen (15) Business Park style buildings, connected by internal streets and access
aisles. The approved conceptual development plan reflects tree plantings along the internal streets
and aisles and buffering along the perimeter including a mature stand of large canopy trees within a
250-foot buffer between the subject site and the adjacent residential development to the north.
PROPOSED REQUEST
The applicant requests amendments the Planned Development-19 (PD-19) Ordinance to modify,
and provide updates to the permitted land uses within the development, the configuration of
buildings, buffering, parking, landscaping and establish the phasing and timing of infrastructure and
utilities. The applicant’s request reflects the intent to “modernize” the conceptual development
plans and maintain the characteristics of the development. The proposed conceptual development
plans set forth and more clearly reflect the development concepts prior to the submittal of the
refined detailed development plans; Development Plans are required as each phase commences.
71
The following reflect the proposed changes to PD-19 (Ordinance No. 01-1333):
Exhibit A:
Exhibit A is amended to reflect the updated and revised acreage of PD-19 due to a modification in
the Main Street dedication and the size of the Memorial Drive boundary right-of-way, from what
was contemplated by Ordinance No. 01-1333, by approximately 4.546 acres, so that PD-19 now
encompasses approximately 97.55 acres, as shown on Exhibit A attached to this Ordinance and
incorporated herein.
Exhibit B: Conceptual Land Use Plan
The proposed amendments update Exhibit “B” to reflect the updated overall development acreage
and delineation of Tract A and Tract B.
Exhibit C: Conceptual Development Plan
The proposed amendments update Exhibit “C” to reflect the proposed street grid, parking and
access, landscape, screening and buffering.
Exhibit D: Conceptual Phasing Plan
The proposed amendments update the Conceptual Phasing plan and reflect the reduction of
Buildings from fifteen (15) to nine (9) and the request amends the number of phases from five (5) to
three (3).
Exhibit E: Section I- General Provisions and Section II Business Park Regulations
Exhibit “D” (as reflected in the original ordinance exhibit sequence) was updated as Exhibit “E.”
Exhibit “D” was already in use and out of sequence; this update corrects the sequencing conflict.
Additional updates to Section I and Section II within this exhibit are as follows (text in Bold
Underlined Italics reflect amended language, sequence or context from the original ordinance):
Section I:
2. Prior to the issuance of any building permit for the development of any Business Park,
Warehouse, Light Fabrication and Assembly Processes uses on any portion of the
Property a site plan as required by Section 10- 664 of the Comprehensive Zoning
Ordinance of the City of The Colony, Zoning Ordinance, Chapter 61, shall be submitted
and approved by the City Council and made an exhibit to and a part of this ordinance and
incorporated by reference herein for all purposes.
8. All development within the boundaries of this Planned Development is governed solely by
the standards set forth in this ordinance.
Section II:
In addition to the provisions of Section 10-2100, of the City of The Colony Comprehensive Zoning
Ordinance, Chapter 61 of the City Code of Ordinances, the following regulations shall apply:
1. Permitted Uses in all Buildings located on the Property.
72
i. All uses permitted in the Business Park (BP) Zoning District classification are
permitted within the Property, except for the following:
Art needlework
Bar Lounge or tavern
Bus station and terminal
Bus or truck parking garage
Club, private; lodge or
fraternal organization
Commercial, radio/TV
transmitting station
Eating place with dancing or
entertainment
Electric substation
Library, art gallery/museum
Mortuary or funeral home
Nursing home/convalescent
home
Club, private; lodge or fraternal
organization
Private club, eating place with
beer, wine, or liquor
Private club, with bar service
Railroad terminal (passengers
or freight)
Rectory
Sewage Pumping station
Swimming Pool, private
Hand weaving
Hotel (limited or full service)
Key shop
ii. “Warehouse” (inclusive without limitation of e-commerce logistics and distribution
uses) and “Light Fabrication and Assembly Processes,” (development and assembly
of instruments and similar items) as listed in Section 10-300 of the Zoning
Ordinance shall be permitted on the Property and shall be regulated by
performance standards in accordance with Section 10-400 of the Zoning
Ordinance as may be amended from time to time.
iii. Accessory uses are permitted as set forth in the Zoning Ordinance including, but
not limited to coffee shops and cafeterias contained within warehouse, fitness
centers and other similar facilities.
iv. The Conceptual Development Plan is approved subject to a tree buffer setback
line as shown on the Conceptual Development Plan. No habitable building or
parking is allowed within the tree buffer setback.
v. Dumpsters serving buildings adjacent to Memorial Drive and Standridge Drive
shall be screened from Memorial Drive and Standridge Drive in accordance with
this paragraph. Screening shall consist of: (a) a wing wall extending from the
edge of the building as shown on the Conceptual Development Plan, (b) the
building being served by the dumpster, (c) landscaping, (d) a combination of these
screening types, or (e) any other screening method approved by the Planning
Director. Screening may be located at the edge of a building to screen a dumpster
located anywhere along the building. Screening shall be a minimum of six (6) feet
in height. Dumpsters serving buildings not adjacent to Memorial Drive and
Standridge Drive are not required to be screened.
2. Floor Area Ratio:
The overall cumulative Floor Area Ratio (FAR) for the entire Property shall be a maximum
of 1:1, subject to the following maximum cumulative FAR’s by type of use:
73
Retail/Commercial: 0.45:1
Warehouse/Light Fabrication and Assembly: 0.55:1
Office: 1:1
For purposes of calculating FAR, the entire property is considered a single development
such that FAR shall be calculated as a ratio of the entire development and not calculated
on a per-lot basis. As each building is developed, the developer shall provide updated FAR
calculations providing total floor area developed to assure compliance with the maximum
FAR’s.
3. Landscaping:
i. All landscaping shall comply with the City of The Colony Landscaping Ordinance.
In addition, the buffer yards along the street frontages (including the parkway) shall
be reduced to:
Standridge Drive, Memorial Drive & Main Street: 25’
All other streets: 15’
4. Loading & Service Access:
i.All service areas shall be located to the rear of the buildings and shall not face
Memorial Drive or Standridge Drive R.O.W. Loading and service areas visible
from Memorial Drive and Standridge Drive shall be screened in the same manner
as dumpsters in paragraph 1.e above.
5. Parking:
i.Parking requirements shall comply with The Colony Code of Ordinances, Section
13 and the requirements set forth herein.
ii.Reduction in the parking requirements may be permitted in accordance with a
parking study approved by the Planning Director.
iii.Parking between building and street. A maximum of one hundred (100) feet
between the right-of-way and building façade shall be used for parking and drive
aisles. A maximum of two single rows of parking are permitted between the
primary building and the street. Except as otherwise shown on the Conceptual
Development Plan, parking shall be designed to be perpendicular with the
building and provide a minimum 24-foot wide fire lane.
iv.Parking locations on site. The majority of parking shall be as shown on the
Conceptual Development Plan.
v.Shared parking agreements. Shared parking agreements for adjacent
commercial properties are acceptable where uses exceed the required parking
and the partners agree to share the excess spaces. Shared parking agreements
cannot be approved if there are insufficient parking spaces.
vi.No parking in landscape buffers. Parking is prohibited in required landscape
buffers.
74
vii.Pedestrian pathways. Each parking lot with more than one hundred (100) parking
spaces shall have a designated and landscaped pedestrian pathway from the
public sidewalk to the main entrance of the primary building.
6. Exterior Lighting:
Exterior parking and loading areas shall be provided with adequate security lighting. Such
lighting shall be either wall or pole mounted, with cut-off type luminaire (aimed downward),
to minimize glare directed toward the streets or adjacent properties. All external lights shall
be mounted not to exceed twenty-eight (28) feet in height measured from grade.
7. Signage:
All signage shall be in compliance with the City of The Colony sign ordinance as amended
from time to time. Signage plan shall be approved by the Planning Director.
8. Roadway Improvements:
(a)Phase 1 Improvements:
i. A left turn lane in the eastbound median of Memorial Drive at Building A
shall be constructed by the Developer prior to the issuance of a certificate of
occupancy for Building A.
ii. All required signage, pavement legends, and striping changes on Standridge
Drive, Market Street, and Memorial Drive identified on the TIA that are
necessary for Phase 1 will be installed by the Developer
iii. A traffic signal shall be installed by the City at the intersection of Standridge
Drive and Memorial Drive.
iv. The portion of the Proposed Public Street in Phase 1 shall be constructed by
the Developer prior to the issuance of a certificate of occupancy for Building A
or Building B. The proposed public street right-of-way width shall be sixty (60)
feet and the pavement shall be thirty-seven (37) feet (measured from the back
of the curb to the back of the curb).
(b)Future Phase Improvements:
A Traffic Impact Analysis (TIA) or update to a prior TIA will be required for each
subsequent phase of development in order to identify required roadway
improvements directly related to the development of the Property, responsible party
for constructing the improvements, and the timing for installation of such
improvements. The Developer shall only be responsible for improvements
resulting directly from the development of the Property. Improvements identified
in the current TIA which are subject to future revision include, but are not limited
to the following items:
i. The location, and width of pavement and Right of Way (R.O.W.) for the
proposed New Public Street A. The Proposed Public Street R.O.W. width shall
75
be sixty (60) feet and the pavement width shall be thirty-seven (37) feet
(measured from the back-of- curb to back-of-curb).
ii. Installation of a traffic signal by the City and or the Developer at the
intersection of Memorial Drive and Market Street based on appropriate
warrants. Cost participation shall be determined at the time of the new or
updated TIA.
iii.Installation of a right turn lane by City and or the Developer at the intersection
of Market Street and SH 121 Frontage Road for southbound traffic on the
Frontage Road turning right onto Market Street. Cost participation shall be
determined at the time of the new or updated TIA.
iv.Installation of future left turn lanes by Developer in the eastbound median of
Memorial Drive as shown on the Conceptual Development Plan.
v.Construction of other roadway improvements identified in each subsequent
TIA.
9. Sidewalk:
A six (6) foot wide sidewalk shall be provided along Memorial Drive and Standridge Drive
as shown on the City’s Overall Trails & Bikeways Master Plan. In the event the City
elects to construct a ten (10) foot wide trail along Memorial Drive in lieu of the six (6)
foot sidewalk provided by the Developer, the Developer shall provide a trail easement
along Memorial Drive at a width that allows the City to construct ten (10) foot wide trail
measured from the edge of pavement for Memorial Drive. Such ten (10) foot wide trail
shall be the sole responsibility of the City.
10. Compliance With City Code of Ordinances:
Each individual site will be subject to plat and site plan review and approval to ensure
compliance with all applicable ordinances and requirements of the City before a building
permit is issued.
11. Flexibility:
The Conceptual Development Plan showing building footprints, roadways, driveways,
parking, and other site development features is intended to provide some flexibility and may
be changed at the time of site plan review and approval to meet user needs and market
demands for Office, Light Fabrication and Assembly Process and Warehouse uses.
12. Noise Standard:
Noise level emanating from the proposed development shall not exceed 60 Ldn when
measured at the property line of the single family residential use on the north side of Office
Creek. 60 Ldn is defined as clearly acceptable noise level for single family residential use in
the U.S. Department of Housing and Urban Development “Noise Guidebook”.
13. Trails:
Sidewalks and pedestrian trails will be provided in accordance with Section 10A-1100 of
The Colony Code of Ordinances.
76
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On October 13, 2020 The Planning and Zoning Commission voted 7-0 to recommend approval of
the amendments to Planned Development-19.
DEVELOPMENT REVIEW COMMITTEE REVIEW
The Development Review Committee (DRC) recommends approval of the proposed amendments.
NOTIFICATION
On October 5, 2020 a minimum of fifteen (15) days prior to the City Council public hearing, a
notice of public hearing was published in the local newspaper and public hearing notices were
mailed to adjacent property owners located within 200 of the subject property.
ATTACHMENTS
1. Location Map
2. Planned Development-19 (PD-19) Ordinance (Amended)
3. Site and building layout illustrations
4. Planned Development-19 (PD-19) Ordinance No. 01-1333 (Original)
77
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This ma p was genera ted by GIS d ata provided by Th e Colony GIS Dep artme nt. The City o f The Colony does not guarante e the correctness oraccuracy of any fe atures o n this map. These dig ital pro ducts are for llustra tion pu rposes only a nd a re n ot suitable for site-spe cific decision making. /Project N o. PDA 20-0003 - Project Name: PD19 Live Oak Logistics Park
Subject Area
Sub ject Area
PD19 Li ve Oa k Lo gistics
Agricultu ra l
Business Park
Business Park/Industrial
Duplex Dwelling
Gene ral Retai l
Heavy Commercial
Industrial
Light Commercial
Mobile Home
Neighborhood Servi ce
Office District 1
Pla nned Developmen t
Shopp ing Ce nter
Sin gle Fam ily Dwelling
Townhome
79
EXHIBIT A
PROPERTY DESCRIPTION
WHEREAS, Icon the Colony Land Owner Pool 2, LLC, is the owner of a 97.55 acre tract of land
situated in the H. Hedgecox Survey, Abstract No. 533 and the T. Wilson Survey, Abstract
Number 1352, in the City of The Colony, Denton County, Texas, and being part of a called
98.269 acre tract of land described in Special Warranty Deed to Icon the Colony Land Owner
Pool 2, LLC, recorded in Instrument Number 2015-22562 of the Official Public Records of
Denton County, Texas (O.P.R.D.C.T.), and being more particularly described as follows:
BEGINNING at a 5/8-inch found iron rod with yellow plastic cap stamped “CARTER
BURGESS” for the westerly southwest corner of said 98.269 acre tract, said corner being at the
intersection of north right-of-way line of Memorial Drive (a 100-foot wide right-of-way) with
the east right-of-way line of Standridge Drive (a variable width right-of-way);
THENCE with the east right-of-way line of said Standridge Drive and the west line of said
98.269 acre tract, the following bearings and distances:
North 00 degrees 13 minutes 40 seconds West, a distance of 209.88 feet to a 1/2-inch set
iron rod with yellow plastic cap stamped “HALFF” (hereinafter referred to as “with
HALFF cap”) for the point of curvature of a tangent circular curve to the right, having a
radius of 490.00 feet whose chord bears North 13 degrees 08 minutes 36 seconds East, a
distance of 226.63 feet;
Northeasterly, with said curve, through a central angle of 26 degrees 44 minutes 32
seconds, an arc distance of 228.70 feet to a 1/2-inch set iron rod with HALFF cap for
corner;
North 26 degrees 30 minutes 52 seconds East, a distance of 858.85 feet to a 5/8-inch
found iron rod with yellow cap stamped “CARTER BURGESS” for the point of
curvature of a tangent circular curve to the left, having a radius of 560.00 feet whose
chord bears North 09 degrees 08 minutes 26 seconds East, a distance of 334.44 feet;
Northerly, with said curve, through a central angle of 34 degrees 44 minutes 52 seconds,
an arc distance of 339.62 feet to a leaning 5/8-inch found iron rod for corner;
North 08 degrees 13 minutes 59 seconds West, a distance of 55.19 feet to a 1/2-inch set
iron rod with “HALFF” cap for the southwest corner of Lot 52, Block G of Ridgepointe
Phase 3, an addition to the City of The Colony, Denton County, Texas, recorded in
Cabinet R, Page 107 of the Plat Records of Denton County, Texas (P.R.D.C.T.);
THENCE with the north line of said 98.269 acre tract and the south line of said Ridgepointe
Phase 3 addition, the following bearings and distances:
South 75 degrees 52 minutes 18 seconds East, departing the east right-of-way line of said
Standridge Drive, a distance of 143.05 feet to a corner (not monumented);
80
North 52 degrees 00 minutes 12 seconds East, a distance of 96.18 feet to a corner (not
monumented);
South 66 degrees 05 minutes 51 seconds East, a distance of 56.40 feet to a corner (not
monumented);
North 38 degrees 21 minutes 22 seconds East, a distance of 104.00 feet to a corner (not
monumented);
North 21 degrees 46 minutes 15 seconds West, a distance of 55.44 feet to a corner (not
monumented);
North 56 degrees 54 minutes 45 seconds East, a distance of 183.46 feet to a corner (not
monumented);
North 31 degrees 40 minutes 15 seconds East, a distance of 177.75 feet to a corner (not
monumented);
North 70 degrees 06 minutes 43 seconds East, a distance of 346.39 feet to a corner (not
monumented);
North 22 degrees 08 minutes 20 seconds East, a distance of 151.49 feet to a corner (not
monumented);
North 59 degrees 26 minutes 08 seconds East, passing at a distance of 113.96 feet, the
southeast corner of said Ridgepointe Phase 3 and the south corner of Ridgepointe Phase
2-B, an addition to the City of The Colony, Denton County, Texas, recorded in Cabinet
N, Page 32, P.R.D.C.T., and continuing with the southeast line of said Ridgepointe Phase
2-B addition, in all, a total distance of 182.07 feet to a corner (not monumented);
THENCE with the north line of said 98.269 acre tract and the south line of said Ridgepointe
Phase 2-B addition, the following bearings and distances:
North 28 degrees 11 minutes 15 seconds East, a distance of 193.89 feet to a corner (not
monumented);
North 80 degrees 28 minutes 42 seconds East, a distance of 254.61 feet to a corner (not
monumented);
North 64 degrees 23 minutes 37 seconds East, passing at a distance of 173.12 feet, the
southeast corner of said Ridgepointe Phase 2-B and the southwest corner of Lot 2, Block
1 of Spotless Addition, an addition to the City of The Colony, Denton County, Texas,
recorded in Cabinet N, Page 286, P.R.D.C.T., and continuing with the south line of said
Spotless Addition, in all, a total distance of 375.00 feet to a corner (not monumented);
81
THENCE South 69 degrees 32 minutes 55 seconds East, with the north line of said 98.269 acre
tract and the south line of said Spotless Addition, a distance of 211.60 feet to a corner (not
monumented);
THENCE North 68 degrees 06 minutes 04 seconds East, with the north line of said 98.269 acre
tract and the south line of said Spotless Addition, a distance of 146.46 feet to a corner (not
monumented) on the west right-of-way line of Farm-to-Market Road 423 (F.M. 423) (a variable
width right-of-way);
THENCE with the west right-of-way line of said F.M. 423, the following bearings and distances:
South 45 degrees 25 minutes 39 seconds West, departing the south line of said Spotless
Addition, a distance of 6.59 feet to a corner (not monumented);
South 15 degrees 29 minutes 09 seconds East, a distance of 102.64 feet to a 1/2-inch set
iron rod with “HALFF” cap for corner;
South 63 degrees 05 minutes 39 seconds East, a distance of 56.52 feet to a 1/2-inch set
iron rod with “HALFF” cap for corner;
South 21 degrees 05 minutes 05 seconds East, a distance of 34.94 feet to a 1/2-inch set
iron rod with “HALFF” cap for corner, from which a 1/2-inch found iron rod bears South
41 degrees 52 minutes 45 seconds East, a distance of 2.32 feet;
North 68 degrees 54 minutes 55 seconds East, a distance of 9.25 feet to a 1/2-inch set
iron rod with “HALFF” cap for corner;
South 21 degrees 05 minutes 05 seconds East, a distance of 317.41 feet to a 1/2-inch set
iron rod with “HALFF” cap for corner;
South 23 degrees 54 minutes 55 seconds West, a distance of 31.86 feet to a found
“TXDOT” monument for corner;
South 66 degrees 05 minutes 05 seconds East, a distance of 78.09 feet to a 1/2-inch set
iron rod with “HALFF” cap for the point of curvature of a non-tangent circular curve to
the left, having a radius of 3,364.04 feet whose chord bears South 26 degrees 16 minutes
54 seconds East, a distance of 59.24 feet;
Southerly, with said curve, through a central angle of 01 degree 00 minutes 32 seconds,
an arc distance of 59.24 feet to a 1/2-inch set iron rod with “HALFF” cap for the north
corner of Lot 1, Block 1, Potter Addition, an addition to the City of The Colony, Denton
County, Texas, recorded in Cabinet Y, Page 670, P.R.D.C.T. and on the south line of said
98.269 acre tract;
THENCE South 24 degrees 02 minutes 20 seconds West, with the southeast line of said 98.269
acre tract and the northwest line of said Potter Addition, a distance of 618.87 feet to a 1/2-inch
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found iron rod with “HALFF” cap for the easterly southeast corner of said 98.269 acre tract and
the southwest corner of said Potter addition, said corner being on the north right-of-way line of
aforementioned Memorial Drive;
THENCE with the south line of said 98.269 acre tract and the north right-of-way line of said
Memorial Drive, the following bearings and distances:
South 60 degrees 54 minutes 03 seconds West, a distance of 231.99 feet to the point of
curvature of a tangent circular curve to the left, having a radius of 995.69 feet, whose
chord bears South 42 degrees 28 minutes 12 seconds West, a distance of 629.60 feet,
from which a 5/8-inch found iron rod with yellow cap stamped “CARTER BURGESS”
bears North 68 degrees 29 minutes 25 seconds West, a distance of 0.24 of a foot;
Southwesterly, with said curve, through a central angle of 36 degrees 51 minutes 43
seconds, an arc distance of 640.59 feet to a corner, from which a 1/2-inch found iron rod
bears North 46 degrees 32 minutes 42 seconds East, a distance of 0.48 of a foot;
South 24 degrees 02 minutes 20 seconds West, a distance of 499.54 feet to the point of
curvature of a tangent circular curve to the right, having a radius of 885.00 feet, whose
chord bears South 56 degrees 56 minutes 58 seconds West, a distance of 961.69 feet,
from which a 5/8-inch found iron rod with yellow cap stamped “CARTER BURGESS”
bears North 14 degrees 43 minutes 30 seconds West, a distance of 0.24 of a foot;
Southwesterly, with said curve, through a central angle of 65 degrees 49 minutes 15
seconds, an arc distance of 1,016.68 feet to a corner, from which a 5/8-inch found iron
rod with yellow cap stamped “CARTER BURGESS” bears South 32 degrees 16 minutes
52 seconds East, a distance of 0.23 of a foot;
South 89 degrees 51 minutes 35 seconds West, a distance of 977.01 feet to a 1/2-inch
found iron rod with an “illegible” cap for corner;
North 45 degrees 11 minutes 02 seconds West, a distance of 25.01 feet to the POINT OF
BEGINNING AND CONTAINING 97.55 acres (4,249,322 square feet) of land, more
or less.
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cn'¥ coI. Ol , sxAs
ORDINANCE NO. (9 I-I
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING ORDINANCE NO. 61, THE COMPREHENSWE
ZONING ORDINANCE OF THE CITY, AS AMENDED,
PASSED AND APPROVED ON JUNE 4, 1979, GRANTING A
CHANGE IN ZONING ON A TRACT OF LAND LOCATED
WITHIN THE CITY OF THE COLONY, TEXAS, AND MORE
FULLY DESCRIBED IN EXHIBIT "A"; ORDERING A
CHANGE OF ZONING FROM BUSINESS PARK "BP"
ZONING DISTRICT CLASSIFICATION TO PLANNED
DEVELOPMENT DISTRICT "PD-19", TO ALLOW FOR
MIXED USES; AND IN ACCORDANCE WITH THE
EXHIBITS AND DEVELOPMENT STANDARDS
ATTACHED HERETO; PRESERVING ALL OTHER PARTS
OF THE COMPREHENSIVE ZONING ORDINANCE;
PROVDING A SEVERABILITY CLAUSE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGE AND
AMENDMENT HEREIN MADE; PROVIDING FOR A
PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the owners of the said tract of land (the "Land"), generally described in
Exhibit "A" attached hereto and incorporated herein, filed an application with the City of The
Colony, Texas (the "City") Planning and Zoning Commission requesting a zoning amendment
in accordance with Section 24, Appendix A-Zoning of the City's Code of Ordinances as
amended; and
WHEREAS, after public notices were given in compliance with State law and publichearingswereconducted, and after considering the information submitted at the said public
hearings and all other relevant information and materials, the Planning and ZoningCommissionoftheCityhasrecommendedtotheCityCounciltheProposedPlanned
Development District "PD-19" with the Conceptual Land Use Plan and the Conceptual
Development Plan shown in Exhibits "B" and "C", attached hereto and incorporated herein;and
WHEREAS, after due deliberations and consideration of the recommendation of the Planning and
Zoning Commission, the City Council has in its legislative discretion concluded that the Planned
Development District "PD-19", with the Conceptual Land Use Plan and Conceptual DevelopmentPlanareinthebestinterestsoftheCityofTheColony, Texas, and of the public health, safetyandwelfare.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF TH¥~ COLONY, TEXAS:
Section 1. That all of the above premises are found to be true and correct and are
incorporated into the body of this ordinance as if copied in their entirety.
Section 2. That Ordinance No. 61 of the City of The Colony, Texas (the "City"), beingtheComprehensiveZoningOrdinanceoftheCityofTheColony, Texas, as amended, passed and
approved on June 4, 1979 (the "Comprehensive Zoning Ordinance"), be and the same is herebyamendedinthefollowingparticulars, and that all other sections, subsections, paragraphs,
sentences, phrases and words of said Comprehensive Zoning Ordinance are not amended, but
shall remain intact and are hereby verified, ratified, approved and affirmed:
A. That the zoning of the Property, being tracts A and B and comprising
approximately 102.097 acres located in the T. Wilson Survey Abstract NO. 1352
and the H. Hedgecox Survey Abstract NO. 533, and more particularly described
in Exhibit A attached hereto and incorporated herein for all intent and purposes,is changed to a Planned Development District "PD-19" with mixed uses
permitted in accordance both with those requirements set forth in the ConceptualLandUsePlanandtheConceptualDevelopmentPlanattachedheretoand
incorporated herein as Exhibit B and Exhibit C, and with the specific standards,
regulations and conditions attached hereto and incorporated herein as Exhibit D.
Section 3. That the herein described property shall be used in the manner for the purposeprovidedbytheComprehensiveZoningOrdinanceasamendedhereinbythegrantingofthis
planned development.
Section 4. That a Site Plan which shall be in general conformity with the ConceptualLandUsePlanshowninExhibit "B" shall be submitted by the Owner and Developer as requiredbytheComprehensiveZoningOrdinance, shall be approved or disapproved in accordance withtheproceduressetforthintheComprehensiveZoningOrdinanceandshallbefiled, approved and
made a part of this ordinance prior to the issuance of any building permit under this Planned
Development District Ordinance (the "PD Ordinance").
Section 5. That all development on the property described in the attached Exhibit "A"and made the subject of this ordinance shall be in accordance with those standards and
regulations and conditions set forth in Exhibit "D" attached hereto and incorporated herein for all
purposes.
Section 6. That the City Manager of the City is hereby directed to modify the official
zoning map of the City to reflect the herein change in zoning.
Section 7. That in all other respects of the tract or tracts of land hereinabove describedshallbesubjecttoallapplicableregulationscontainedintheComprehensiveZoningordinanceoftheCityandallotherapplicableandpertinentordinancesoftheCity. In the event thedeveloperhasnotsubstantiallycompletedamajorroadorsubstantiallycompletedabuildingontheproperty, as shown on the approved development plan(s), under this Planned DevelopmentOrdinancewithinthree (3) years from its approval date, the City Council reserves the right to call
a public hearing for the purpose of reconsideration of the general and specific details of zoningregulationsunderthisPDOrdinance.
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Section 8. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan (the "Comprehensive Plan") of the City for the
purpose of promoting the health, safety, morals and the general welfare of the community.
Section 9. This PD Ordinance shall be cumulative of all other ordinances of the City
affecting zoning and shall not repeal any of the provisions of said ordinances except in those
instances where provisions of those ordinances are in direct conflict with the provisions of this
PD Ordinance.
Section 10. If any section, article, paragraph, sentence, clause, phrase or word in this PD
Ordinance, or application thereto any person 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 the ordinance; and the City Council hereby declares it would have passed such
remaining portions of the ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
Section 11. Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be subject to a find in a sum not to
exceed One Thousand Dollars ($2,000.00) for each offense and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
Section 12. The fact that the present zoning ordinance and regulations of the City are
inadequate to properly safeguard the health, safety, morals, peace and general welfare of the
inhabitants of the City creates an emergency for the immediate preservation of the public
business, property, health, safety and general welfare of the public which requires that this
ordinance shall become effective from and after the date of its final passage and publications as
provided by law, and it is accordingly so ordained.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas this
the ~day of ~) h! ,5 ~, ,2001.
ffC~ o~ilTli;d~ o~nY~; P~° 'Tem
ATTEST:
Patti A. Hicks, TRMC,
City Secretary
APPROVED AS TO FORM:
n Hlkel, ~ifft~:~rney
3
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EXtIIBI'E
Legal Descriptions
102.097 ACRE TRACT
BEING A 102.097 ACRE TRACT OF LAND SITUATED IN THE T. WILSON SURVEY,ABSTRACT NO. 1352, AND THE H. HEDGECOX SURVEY, ABSTRACT NO. 533,DENTON COUNTY, TEXAS AND BEING A PART OF THE FOLLOWING TRACTS OF
LAND: TRACT THREE, A CALLED 174.514 ACRE TRACT, TRACT IV, A CALLED
122.111 ACRE TRACT, TRACT III, A CALLED 120.395 ACRE TRACT, TRACT VI, A
CALLED 136.244 ACRE TRACT DESCRIBED IN DEED TO CENTEX DEVELOPMENT
COMPANY, L.P., RECORDED IN VOLUME 2418, PAGE 201 OF THE DEED RECORDSOFDENTONCOUNTY, TEXAS (D.R.D.C.T.), A PART OF A CALLED 5.2224 ACRETRACTOFLANDDESCRIBEDINDEEDTOCENTEXDEVELOPMENTCOMPANY, L.P.RECORDED IN VOLUME 2792, PAGE 112, (D.R.D.C.T.), AND A PART OF A CALLED2.69 ACRE TRACT OF LAND DESCRIBED IN DEED TO CENTEX DEVELOPMENTCOMPANY, L.P., RECORDED IN COUNTY CLERK'S FILE NO. 98-R0096832 OF THEREALPROPERTYRECORDSOFDENTONCOUNTY, TEXAS (R.P.R.D.C.T.).BEARINGS ARE BASED ON THE WEST LINE OF THE SECOND AMENDING PLAT OFRIDGEPOINTE, PHASE 3, AS RECORDED IN CABINET R, PAGE 107, PLATRECORDSOFDENTONCOUNTY, TEXAS (P.R.D.C.T.). SAID 102.097 ACRE TRACTBEINGMOREPARTICULARLYDESCRIBEDBYMETESANDBOUNDSASFOLLOWS:
BEGINNING AT A 5/8" IRON ROD WITH PLASTIC YELLOW CAP STAMPED "CARTERBURGESS" SET ON THE SOUTH LINE OF SAID RIDGEPOINTE, PHASE 3, ALSOBEINGINTHEEASTRIGHT-OF-WAY LINE OF STANDRIDGE DRIVE (VARIABLEWIDTHR-O-W), RECORDED IN CABINET P, PAGE 219, (P.iR.D.C.T.);
THENCE ALONG THE APPROXIMATE CENTER OF OFFICE CREEK AND THE SOUTHLINEOFSAIDRIDGEPOINTE, PHASE 3, ALONG THE SOUTH LINE OF
RIDGEPOINTE, PHASE 2B, RECORDED IN CABINET N, PAGE 32, (P.R.D.C.T.), ANDALONGTHESOUTHLINEOFSPOTLESSADDITION, RECORDED IN CABINET N,PAGE 286, (P.R.D.C.T.), THE FOLLOWING COURSES:
S 75°19'33'' E, A DISTANCE OF 143.04 FEET TO A POINT;
N 52c~32'57'' E, A DISTANCE OF 96.18 FEET TO A POINT;
S 65~'33'06'' E, A DISTANCE OF 56.40 FEET TO A POINT;
N 38'~54'07'' E, A DISTANCE OF '104.00 FEET TO A POINT;
N 21 ~'13'30" W, A DISTANCE OF 55.44 FEET TO A POINT;
N 57"27'30" E, A DISTANCE OF 183.46 FEET TO A POINT;
N 32'13'00" E, A DISTANCE OF 177.75 FEET TO A POINT;
N 70~ 39'25'' E, A DISTANCE OF 346.39 FEET TO A POINT;
I \S LD',gS0g20 I'~0g2EX001 [)OC
1 (},'2/01
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N 22°41'05'' E, A DISTANCE OF 151.49 FEET TO A POINT;
N 59o58'53'' E, A DISTANCE OF 182.07 FEET TO A POINT;
N 28044'00'' E, A DISTANCE OF 193.89 FEET TO A POINT;
N 81 °01'27" E, A DISTANCE OF 254.61 FEET TO A POINT;
N 64056'22'' E, A DISTANCE OF 375.00 FEET TO A POINT;
S 69°00'10'' E, A DISTANCE OF 211.60 FEET TO A POINT;
THENCE N 68°38'49'' E, A DISTANCE OF 209.23 FEET TO A 5/8 INCH IRON RODWITHPLASTICYELLOWCAPSTAMPED "CARTER & BURGESS" FOUND ON THEWESTRIGHT-OF-WAY LINE OF F.M. 423 (VARIABLE WIDTH R-O-W);
THENCE ALONG THE WEST RIGHT-OF-WAY LINE SAID F.M. 423, THE FOLLOWINGCOURSES;
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2974.79 FEET, A
DELTA ANGLE OF 3°57'15'', A CHORD THAT BEARS S 14°36'15'' E, A CHORDLENGTHOF205.26 FEET, AN ARC LENGTH OF 205.31 FEET TO A 5/8 INCH
IRON ROD WITH PLASTIC YELLOW CAP STAMPED "CARTER & BURGESS"
SET;
S 46°42'31" E, A DISTANCE OF 112.74 FEET TO A 5/8 INCH IRON ROD WITHPLASTICYELLOWCAPSTAMPED "CARTER & BURGESS" SET;
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2918.53 FEET, A
DELTA ANGLE OF 6~'16'58'', A CHORD THAT BEARS S 21 °38'19" E, A CHORDLENGTHOF319.87 FEET, AN ARC LENGTH OF 320.03 FEET TO A 5/8 INCHIRONRODWITHPLASTICYELLOWCAPSTAMPED "CARTER & BURGESS"FOUND ON THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN DEED TODAVIDPOTTER, RECORDED IN COUNTY CLERK'S FILE NO. 96-R0074513,R.P.R.D.C.T.;
THENCE S 65~!33'35'' W, ALONG THE NORTH LINE OF SAID POTTER TRACT, ADISTANCEOF17.94 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC YELLOW CAPSTAMPED "CARTER & BURGESS" FOUND;
THENCE S 24°35'05'' W, ALONG THE WEST LINE OF SAID POTTER TRACT, ADISTANCEOF710.59 FEET TO THE CENTERLINE OF THE PROPOSED MEMORIALDRIVE;
h',SLD\g509201 ',092EX001 DOC
I ri,W01 p, ~-
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THENCE SOUTHWESTERLY, ALONG THE CENTERLINE OF SAID PROPOSED
MEMORIAL DRIVE THE FOLLOWING COURSES:
S 61 °44'24" W A DISTANCE OF 159.15 FEET TO A POINT;
ALONG A CURVE TO A CURVE TO THE LEFT HAVING A RADIUS OF 945.69
FEET, A DELTA ANGLE OF 36°38'14'', A CHORD THAT BEARS S 43°25'17" W,
A CHORD LENGTH OF 594.46 FEET, AN ARC LENGTH OF 604.71 FEET TO A
POINT;
S 24o29'56'' W A DISTANCE OF 507.86 FEET TO A POINT;
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 935.00 FEET, A
DELTA ANGLE OF 60°05'57", A CHORD THAT BEARS S 54°11'29" W, A CHORD
LENGTH OF 936.40 FEET, AN ARC LENGTH OF 980.75 FEET TO A POINT;
THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 935.00 FEET,
A DELTA ANGLE OF 6°21'20", A CHORD THAT BEARS S 87025'07'' W, A
CHORD LENGTH OF 103.66 FEET, AN ARC LENGTH OF 103.71 FEET TO A
POINT;
N 89°43'09" W A DISTANCE OF 191.56 FEET TO A POINT;
N 89°35'40"W A DISTANCE OF 801.18 FEET TO A POINT IN THE EAST RIGHT
OF-WAY LINE OF SAID STANDRIDGE ROAD;
THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF STANDRIDGE ROAD THE
FOLLOWING COURSES:
N 00~'19'05'' E A DISTANCE OF 277.55 FEET TO A 5/8 INCH IRON ROD WITH
PLASTIC YELLOW CAP STAMPED "CARTER & BURGESS" SET;
ALONG A CURVE TO A CURVE TO THE RIGHT HAVING A RADIUS OF 490.00
FEET, A DELTA ANGLE OF 26~'44'32'', A CHORD THAT BEARS N 13°41'21'' E, A
CHORD LENGTH OF 226.63 FEET, AN ARC LENGTH OF 228.70 FEET TO A 5/8
INCH IRON ROD WITH PLASTIC YELLOW CAP STAMPED "CARTER &
BURGESS" SET;
N 27°03'37" E A DISTANCE OF 858.86 FEET TO A 5/8 INCH IRON ROD WITH
PLASTIC YELLOW CAP STAMPED "CARTER & BURGESS" SET;
ALONG A CURVE TO A CURVE TO THE LEFT HAVING A RADIUS OF 560.00 '.
FEET, A DELTA ANGLE OF 34"44'51", A CHORD THAT BEARS N 09°41'12'' E, ACHORDLENGTHOF334.44 FEET, AN ARC LENGTH OF 339.62 FEET TO A 5/8
INCH IRON ROD WITH PLASTIC YELLOW CAP STAMPED "CARTER &
BURGESS" SET;
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EXHIBIT "E"
SECTION I
GENERAL PROVISIONS
1. For the purpose of this ordinance, Exhibit B, PD Conceptual Land Use Plan, shall
indicate conceptual alignments of thoroughfares and general locations and delineations of
Zoning Areas within this Planned Development.
2. Prior to the issuance of any building permit for the development of any Business Park,
Warehouse, Light Fabrication and Assembly Processes on any portion of the property
described herein as Tracts A and B (the "Tracts"), a site plan as required by Section 10-
664 of the Comprehensive Zoning Ordinance of the City of The Colony, Zoning
Ordinance, Chapter 61, shall be submitted and approved by the City Council and made an
exhibit to and a part of this ordinance and incorporated by reference herein for all
purposes.
3. The acreage shown for each tract or parcel of land shall be subject to minor refinement
and adjustments at the time of platting based on final placement and design of bounding
thoroughfares and/or exact determination of buildable areas within each tract.
4. Terms used in this ordinance shall have the same definitions as given in the
Comprehensive Zoning Ordinance of the City of The Colony, Ordinance 61 unless
otherwise defined herein.
5. All streets and thoroughfares shown on the Conceptual Land Use Plan shall be designedandconstructedinaccordancewithapprovedCityofTheColonystandards.
6. All developments are subject to the approval of engineering plans in accordance with CityofTheColonystandardsandspecifications.
7. Developer shall design and construct drainage infrastructures in accordance with Federal,State and Local regulations and dedicate the appropriate easements in accordance with
City of The Colony standards.
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EXHIBIT "D"
SECTION I
GENERAL PROVISIONS
1. For the purpose of this ordinance, Exhibit B, PD Conceptual Land Use Plan, shall
indicate conceptual alignments of thoroughfares and general locations and delineations of
Zoning Areas within this Planned Development.
2. Prior to the issuance of any building permit for the development of any Business Park,
Warehouse, Light Fabrication and Assembly Processes on any portion of the propertydescribedhereinasTractsAandB (the "Tracts"), a site plan as required by Section 10-
664 of the Comprehensive Zoning Ordinance of the City of The Colony, Zoning
Ordinance, Chapter 61, shall be submitted and approved by the City Council and made an
exhibit to and a part of this ordinance and incorporated by reference herein for all
purposes.
3. The acreage shown for each tract or parcel of land shall be subject to minor refinement
and adjustments at the time of platting based on final placement and design of boundingthoroughfaresand/or exact determination of buildable areas within each tract.
4. Terms used in this ordinance shall have the same definitions as given in the
Comprehensive Zoning Ordinance of the City of The Colony, Ordinance 61 unless
otherwise defined herein.
5. All streets and thoroughfares shown on the Conceptual Land Use Plan shall be designedandconstructedinaccordancewithapprovedCityofTheColonystandards.
6. All developments are subject to the approval of engineering plans in accordance with CityofTheColonystandardsandspecifications.
7. Developer shall design and construct drainage infrastructures in accordance with Federal,State and Local regulations and dedicate the appropriate easements in accordance with
City of The Colony standards.
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SECTION II
BUSINESS PARK REGULATIONS
In addition to the provisions of Section 10-2100, of the City of The Colony Comprehensive
Zoning Ordinance, Chapter 61 of the City Code of Ordinances, the following regulations shall
apply:
1. Permitted Uses in all Buildings located on tracts "A" and "B" as shown on the approvedConceptualDevelopmentPlan.
a) All uses permitted in the Business Park "BP" Zoning District classification, exceptforthefollowing:
Bar Lounge or tavern
Bus station and terminal
Bus or truck parking garage
Club, private; lodge or fraternal organization
Commercial, radio/TV transmitting station
Eating place with dancing or entertainment
Electric substation
Private club, eating place with beer, wine, or liquor
Private club, with bar service
Railroad terminal (passengers or freight)
b) In addition, "Warehouse" and "Light Fabrication and Assembly Processes,"development and assembly of instruments and similar items) as listed in Section 10-300
of the Zoning Ordinance shall be permitted on tracts A & B and shall be regulated byperformancestandardsinaccordancewithSection10-400 of the Zoning Ordinance as
may be amended from time to time. At any time after building development exceeds
500,000 square feet, "Warehouse" use shall not exceed seventy five (75) percent of the
developed gross floor area of all buildings. Warehouse use for the purpose of this
calculation shall exclude storage, which is ancillary or related to a primary Office or
Retail business, when that storage is up to but not exceeding twenty (20) percent of the
gross floor area of the primary use. (e.g. a grocery store of 30,000 sq. ft. may have up to
but not exceeding 6,000 sq. ft. of storage which is not included in the 75% warehouse
use.)
c) The Conceptual Development Plan is approved subject to a tree buffer setback line
that follows the existing tree line but not to exceed 250 feet as measured from the south
property line of existing single family homes. No building or parking is allowed within
the 250 feet tree buffer setback as shown on the Conceptual Development Plan.
d) Service areas (including bay doors, loading docks, dumpsters etc) shall be screened
by additional landscaping, berms and or masonry walls from the rear of adjacentresidentiallotsonthenorthsideofOfficeCreek.
2. Floor Area Ratio:
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The overall cumulative Floor Area Ratio (FAR) for all tracts shall be a maximum of 1:1,
subject to the following maximum FAR's by type of use:
Retail/Commercial: 0.45:1
Warehouse/Light Fabrication and Assembly: 0.55:1
Office: 1:1
3. Landscaping:
a) All landscaping shall comply with the City of The Colony Landscaping Ordinance. In
addition, the buffer yards along the street frontages (including the parkway) shall be
increased to:
Standridge, Memorial & Main Streets: 30'
All other streets: 25'
4. Loading & Service Access:
All service areas shall be located to the rear of the buildings.
5. Exterior Lighting:
Exterior parking and loading areas shall be provided with adequate security lighting.Such lighting shall be either wall or pole mounted, with cut-off type luminaire (aimed
downward), to minimize glare directed toward the streets or adjacent properties. All
external lights shall be mounted not to exceed twenty eight (28) feet in height measured
from grade.
6. Signage:
All signage shall be in compliance with the City of The Colony sign ordinance as
amended from time to time.
7. FaCade Materials and Treatment:
All Buildings shall be designed and constructed of masonry materials, as defined in the
Gateway Overlay District "GWY" regulations.
8. Traffic Impact Analysis (TIA):
A TIA will be required at the time of site plan review and approval for buildings in the
first phase, in order to consider traffic related issues including, but not limited to
following items:
a) Design of left turn lane on Main Street for westbound traffic on Memorial Drive.
b) Width of paving and Right of Way (R.O.W.) of proposed Street A.
c) Necessity/timing of traffic signal at Standridge and Memorial
d) Timing of construction of Street "A" extension from Memorial to S.H. 121 access
road.
9. Compliance With City Code of Ordinances:
Each individual site will be subject to plat and site plan review and approval to ensure
compliance with all applicable ordinances and requirements of the City before a
building permit is issued.
10. Flexibility:
The Conceptual Development Plan showing building footprints is intended to provide
some flexibility and may be changed at the time of site plan review and approval, to meet
user needs and market demands for Offices, Assembly and Warehouses.
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11. Noise Standard:
Noise level emanating from the proposed development shall not exceed 60 Ldn when
measured at the property line of the single family residential use on the north side of
Office Creek. 60 Ldn is defined as clearly acceptable noise level for single family
residential use in the U.S. Department of Housing and Urban Development "Noise
Guidebook".
12. Memorial Drive completion to Main Street:
Memorial Drive as shown on the approved Conceptual Phasing Plan shall be completed
so as to connect to the existing stubout North of the Walmart Store before a Certificate
of Occupancy is issued for buildings in the third phase. However, the City may require
that Memorial Drive construction be completed at an earlier date, if in accordance with a
traffic impact study, it has been determined that Memorial Drive needs to be in place in
order to maintain traffic circulation at a level of service "C" or better.
13. Construction of proposed Street connecting Memorial Drive and SH 121
The proposed Street between Memorial Drive and SH 121 will be constructed with the
Second Phase of the Development as shown on the approved Conceptual Phasing Plan
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Page 1
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020 - _______
AMENDMENT TO PD-19 PLANNED DEVELOPMENT DISTRICT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING ORDINANCE NO. 01-1333, PLANNED DEVELOPMENT
DISTRICT NO. 19 (PD-19), FOR AN APPROXIMATELY 102.097-ACRE
TRACT OF LAND LOCATED WITHIN THE CITY OF THE COLONY,
TEXAS, AND MORE FULLY DESCRIBED IN EXHIBIT “A” WHICH WAS
ATTACHED TO ORDINANCE No. 01-1333, BY AMENDING EXHIBIT
“A,” “PROPERTY DESCRIPTION” TO REFLECT THE REVISED
ACREAGE OF PD-19 TO 97.55 ACRES, AMENDING EXHIBIT “B,”
“CONCEPTUAL LAND USE PLAN,” AMENDING EXHIBIT “C,”
“CONCEPTUAL DEVELOPMENT PLAN,” AMENDING EXHIBIT “D,”
“CONCEPTUAL PHASING PLAN,” AND AMENDING EXHIBIT “E,”
“SECTION I-GENERAL PROVISIONS” AND “SECTION II-BUSINESS
PARK REGULATIONS”; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OR
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,on or about December 17, 2001, the City Council of the City of The Colony,
Texas, approved Ordinance No. 01-1333, which created Planned Development District 19 (PD-19)
for an approximate 102.097-acre tract of land described in Exhibit A attached to Ordinance No. 01-
1333; and
WHEREAS,the City Council of the City of The Colony, Texas, finds and determines that it
is in the best interest of the City and the citizens of the City of The Colony, Texas, to amend Ordinance
No. 01-133 and provisions regarding PD-19, and amend Exhibit “A,” “Property Description” to
reflect the revised acreage of PD-19 to 97.55 acres, amend Exhibit “B,” “Conceptual Land Use
Plan,” amend Exhibit “C,” “Conceptual Development Plan,” amend Exhibit “D,” “Conceptual
Phasing Plan,” and amend Exhibit “E,” “Section I-General Provisions” and “Section II- Business
Park Regulations” for an approximately 97.55-acre tract of land located within the City of The
Colony, Texas, and more particularly described and/or depicted in Exhibit “A” of this Ordinance and
which is attached hereto and incorporated herein for all purposes; and
WHEREAS,Section 211.006(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment before
the 15th day before the date of the public hearing; and
WHEREAS,Appendix A, Section 24-101(d) of the Code of Ordinances of the City of
The Colony, Texas, provides the following: “[a] public hearing shall be held by city council before
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Page 2
adopting any proposed amendment, supplement or change. Notice of such hearing shall be given
per the publication policy of the city, stating the time and place of such hearing, and shall be
published a minimum of 15 days prior to the date of the public hearing”; and
WHEREAS,the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, have given the requisite notices by publication and otherwise,
and have held due hearings and afforded a full and fair hearing to all property owners generally
and to all persons interested, and the City Council of the City of The Colony, Texas, is of the
opinion and finds that said changes should be granted, and that the Code of Ordinances 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 Planned Development District No. 19 (PD-19), as adopted by Ordinance
No. 01-1333, as amended, is hereby amended as follows:
Amendment to Exhibit A, Property Description
Exhibit A is amended to reflect the updated and revised acreage of PD-19 due to historical
modifications in various right-of-way boundary areas, from what was stated in Ordinance No. 01-
1333, by approximately 4.546 acres, so that PD-19 now encompasses approximately 97.55 acres,
as shown on Exhibit A attached to this Ordinance and incorporated herein.
Exhibit B: Conceptual Land Use Plan
Exhibit B is amended to reflect the updated overall development acreage and delineation of Tract
A and Tract B, as shown on Exhibit B attached to this Ordinance and incorporated herein.
Exhibit C: Conceptual Development Plan
Exhibit C is amended to reflect the proposed street grid, parking and access, landscape, screening
and buffering areas, as shown on Exhibit C attached to this Ordinance and incorporated herein.
Exhibit D: Conceptual Phasing Plan
Exhibit D is amended to update the Conceptual Phasing Plan and reflect the reduction of Buildings
from fifteen (15) to nine (9) and is amended to reflect the number of Phases from five (5) to three
(3), as shown on Exhibit D attached to this Ordinance and incorporated herein.
Exhibit E: Section I- General Provisions and Section II Business Park Regulations
Exhibit D (as reflected in the original ordinance exhibit sequence) is amended to be appropriately
named “Exhibit E.” Amendments to Section I and Section II within this exhibit are as follows
(text in Bold Underlined Italics reflect amended language, sequence or context from the original
ordinance), as shown on Exhibit E attached to this Ordinance and incorporated herein:
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Page 3
SECTION I
GENERAL PROVISIONS
2. Prior to the issuance of any building permit for the development of any Business Park,
Warehouse, Light Fabrication and Assembly Processes uses on any portion of the
Property a site plan as required by Section 10- 664 of the Comprehensive Zoning
Ordinance of the City of The Colony, Zoning Ordinance, Chapter 61, shall be submitted
and approved by the City Council and made an exhibit to and a part of this ordinance
and incorporated by reference herein for all purposes.
8.All development within the boundaries of this Planned Development is governed solely
by the standards set forth in this ordinance.
SECTION II
BUSINESS PARK REGULATIONS
In addition to the provisions of Section 10-2100, of the City of The Colony Comprehensive Zoning
Ordinance, Chapter 61 of the City Code of Ordinances, the following regulations shall apply:
1. Permitted Uses in all Buildings located on the Property.
i. All uses permitted in the Business Park “BP” Zoning District classification are
permitted within the Property, except for the following:
Art needlework
Bar Lounge or tavern
Bus station and terminal
Bus or truck parking garage
Club, private; lodge or fraternal organization
Commercial, radio/TV transmitting station
Eating place with dancing or entertainment
Electric substation
Library, art gallery/museum
Mortuary or funeral home
Nursing home/convalescent home
Club, private; lodge or fraternal organization
Private club, eating place with beer, wine, or liquor
Private club, with bar service
Railroad terminal (passengers or freight)
Rectory
Sewage Pumping station
Swimming Pool, private
Hand weaving
Hotel (limited or full service)
Key shop
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Page 4
ii. “Warehouse” (inclusive without limitation of e-commerce logistics and distribution
uses) and “Light Fabrication and Assembly Processes,” (development and
assembly of instruments and similar items) as listed in Section 10-300 of the
Zoning Ordinance shall be permitted on the Property and shall be regulated by
performance standards in accordance with Section 10-400 of the Zoning
Ordinance as may be amended from time to time.
iii. Accessory uses are permitted as set forth in the Zoning Ordinance including,
but not limited to coffee shops and cafeterias contained within warehouse, fitness
centers and other similar facilities.
iv. The Conceptual Development Plan is approved subject to a tree buffer setback
line as shown on the Conceptual Development Plan. No habitable building or
parking is allowed within the tree buffer setback.
v. Dumpsters serving buildings adjacent to Memorial Drive and Standridge
Drive shall be screened from Memorial Drive and Standridge Drive in
accordance with this paragraph. Screening shall consist of: (a) a wing wall
extending from the edge of the building as shown on the Conceptual
Development Plan, (b) the building being served by the dumpster, (c)
landscaping, (d) a combination of these screening types, or (e) any other
screening method approved by the Planning Director. Screening may be located
at the edge of a building to screen a dumpster located anywhere along the
building. Screening shall be a minimum of six (6) feet in height. Dumpsters
serving buildings not adjacent to Memorial Drive and Standridge Drive are not
required to be screened.
2. Floor Area Ratio:
The overall cumulative Floor Area Ratio (FAR) for the entire Property shall be a maximum
of 1:1, subject to the following maximum cumulative FAR’s by type of use:
Retail/Commercial: 0.45:1
Warehouse/Light Fabrication and Assembly: 0.55:1
Office: 1:1
For purposes of calculating FAR, the entire property is considered a single development
such that FAR shall be calculated as a ratio of the entire development and not calculated
on a per-lot basis. As each building is developed, the developer shall provide updated
FAR calculations providing total floor area developed to assure compliance with the
maximum FAR’s.
3. Landscaping:
i. All landscaping shall comply with the City of The Colony Landscaping
Ordinance. In addition, the buffer yards along the street frontages (including the
parkway) shall be reduced to:
Standridge Drive, Memorial Drive & Main Street: 25’
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Page 5
All other streets: 15’
4. Loading & Service Access:
1.All service areas shall be located to the rear of the buildings and shall not face
Memorial Drive or Standridge Drive R.O.W. Loading and service areas visible
from Memorial Drive and Standridge Drive shall be screened in the same manner
as dumpsters in paragraph 1.e above.
5. Parking:
2. Parking requirements shall comply with The Colony Code of Ordinances, Section
13 and the requirements set forth herein.
3.Reduction in the parking requirements may be permitted in accordance with a
parking study approved by the Planning Director.
4.Parking between building and street. A maximum of one hundred (100) feet
between the right-of-way and building façade shall be used for parking and drive
aisles. A maximum of two single rows of parking are permitted between the
primary building and the street. Except as otherwise shown on the Conceptual
Development Plan, parking shall be designed to be perpendicular with the
building and provide a minimum 24-foot wide fire lane.
5.Parking locations on site. The majority of parking shall be as shown on the
Conceptual Development Plan.
v.Shared parking agreements. Shared parking agreements for adjacent
commercial properties are acceptable where uses exceed the required parking
and the partners agree to share the excess spaces. Shared parking agreements
cannot be approved if there are insufficient parking spaces.
vi.No parking in landscape buffers. Parking is prohibited in required landscape
buffers.
vii.Pedestrian pathways. Each parking lot with more than one hundred (100)
parking spaces shall have a designated and landscaped pedestrian pathway from
the public sidewalk to the main entrance of the primary building.
6. Exterior Lighting:
Exterior parking and loading areas shall be provided with adequate security lighting. Such
lighting shall be either wall or pole mounted, with cut-off type luminaire (aimed
downward), to minimize glare directed toward the streets or adjacent properties. All
external lights shall be mounted not to exceed twenty-eight (28) feet in height measured
from grade.
7. Signage:
All signage shall be in compliance with the City of The Colony sign ordinance as amended
from time to time. Signage plan shall be approved by the Planning Director.
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8. Roadway Improvements:
(a) Phase 1 Improvements:
i. A left turn lane in the eastbound median of Memorial Drive at Building A
shall be constructed by the Developer prior to the issuance of a certificate of
occupancy for Building A.
ii. All required signage, pavement legends, and striping changes on Standridge
Drive, Market Street, and Memorial Drive identified on the TIA that are
necessary for Phase 1 will be installed by the Developer
iii. A traffic signal shall be installed by the City at the intersection of Standridge
Drive and Memorial Drive.
iv. The portion of the Proposed Public Street in Phase 1 shall be constructed by
the Developer prior to the issuance of a certificate of occupancy for Building
A or Building B. The proposed public street right-of-way width shall be sixty
(60) feet and the pavement shall be thirty-seven (37) feet (measured from the
back of the curb to the back of the curb).
(b) Future Phase Improvements:
A Traffic Impact Analysis (TIA) or update to a prior TIA will be required for
each subsequent phase of development in order to identify required roadway
improvements directly related to the development of the Property, responsible
party for constructing the improvements, and the timing for installation of such
improvements. The Developer shall only be responsible for improvements
resulting directly from the development of the Property. Improvements identified
in the current TIA which are subject to future revision include, but are not limited
to the following items:
i. The location, and width of pavement and Right of Way (R.O.W.) for the
proposed New Public Street A. The Proposed Public Street R.O.W. width shall
be sixty (60) feet and the pavement width shall be thirty-seven (37) feet
(measured from the back-of- curb to back-of-curb).
ii. Installation of a traffic signal by the City and or the Developer at the
intersection of Memorial Drive and Market Street based on appropriate
warrants. Cost participation shall be determined at the time of the new or
updated TIA.
iii.Installation of a right turn lane by City and or the Developer at the
intersection of Market Street and SH 121 Frontage Road for southbound
traffic on the Frontage Road turning right onto Market Street. Cost
participation shall be determined at the time of the new or updated TIA.
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Page 7
iv.Installation of future left turn lanes by Developer in the eastbound median of
Memorial Drive as shown on the Conceptual Development Plan.
v.Construction of other roadway improvements identified in each subsequent
TIA.
9. Sidewalk:
A six (6) foot wide sidewalk shall be provided along Memorial Drive and Standridge
Drive as shown on the City’s Overall Trails & Bikeways Master Plan. In the event the
City elects to construct a ten (10) foot wide trail along Memorial Drive in lieu of the six
(6) foot sidewalk provided by the Developer, the Developer shall provide a trail easement
along Memorial Drive at a width that allows the City to construct ten (10) foot wide trail
measured from the edge of pavement for Memorial Drive. Such ten (10) foot wide trail
shall be the sole responsibility of the City.
10. Compliance With City Code of Ordinances:
Each individual site will be subject to plat and site plan review and approval to ensure
compliance with all applicable ordinances and requirements of the City before a building
permit is issued.
11. Flexibility:
The Conceptual Development Plan showing building footprints, roadways, driveways,
parking, and other site development features is intended to provide some flexibility and
may be changed at the time of site plan review and approval to meet user needs and market
demands for Office, Light Fabrication and Assembly Process and Warehouse uses.
12. Noise Standard:
Noise level emanating from the proposed development shall not exceed 60 Ldn when
measured at the property line of the single family residential use on the north side of Office
Creek. 60 Ldn is defined as clearly acceptable noise level for single family residential use
in the U.S. Department of Housing and Urban Development “Noise Guidebook”.
13. Trails:
Sidewalks and pedestrian trails will be provided in accordance with Section 10A-1100 of
The Colony Code of Ordinances.
SECTION 3. That this Planned Development District No. 19 (PD-19) shall be developed
and used only in accordance with the Comprehensive Zoning Ordinance, and Ordinance No. 01-
1333 (PD-19), as amended, and as amended herein.
SECTION 4.That should any sentence, paragraph, subdivision, clause, phrase or section
of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
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SECTION 5.That the Comprehensive Zoning Ordinance of the City of The Colony, Texas,
as amended, and Ordinance No. 01-1333 shall remain in full force and effect, save and except as
amended by this Ordinance.
SECTION 6.That any person, firm or corporation violating any of the provisions or terms
of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, as heretofore amended, and upon conviction shall be
punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and
each and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 7. That this Ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 20th
day of October 2020.
APPROVED:
_____________________________________
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
120
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: October 20, 2020
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance for amendments to Planned Development-22
(PD-22) District (Ordinance no. 08-1772), by modifying Exhibit B, “permitted land uses by category” and adding
an “arts and crafts fair” use and “farmers market” use. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
PDA20-0001 CC Staff Report (RevFinal).pdf
Location Map (Parks and Shacks of AR).pdf
Exhibit A (Shacks and Parks Plat) Final.pdf
Ord. 2020-xxxx PD22 Special Events Amendment.docx
121
CITY COUNCIL REPORT
AGENDA DATE: October 20, 2020
DEPARTMENT: Development Services Department
SUBJECT PDA20-0001 PD-22, Austin Ranch Planned Development Text Amendment
Conduct a public hearing, discuss and consider an ordinance for amendments to Planned
Development-22 (PD-22) District (Ordinance no. 08-1772), by modifying Exhibit B, “permitted
land uses by category” and adding an “arts and crafts fair” use and “farmers market” use.
OWNER/ENGINEER
Owner/Developer: Billingsley Company Dallas, Texas
EXISTING CONDITION OF PROPERTY
Planned Development 22, aka the Austin Ranch PD, is developed with residential multiple -family,
single-family, office, commercial developments and mixed uses.
PROPOSED REQUEST
The applicant is proposing to add the following land uses to the permitted land use chart of the
Austin Ranch Planned Development (PD-22):
“Arts and Crafts Fair - Organized event for the purpose to display and sell of art, crafts and other
goods or services, as well as the public exhibition of collectible automobiles and performances by
musicians.
Farmers Market - Organized event for the purpose to display and sell produce, pastured meat
and eggs, and other edible foodstuffs to the general public.”
These land uses are being added in anticipation of future outdoor events within the designated
areas of the Town Center II sub-district. No official programming or schedule of events have been
provided to staff at this time.
CONSIDERATIONS
Organized Events
The proposed uses will provide for the operations of these specific organized events within the
Austin Ranch development. The Austin Ranch Planned Development Ordinance currently does
not permit such event types.
The proposed amendments shall restrict these organized events to the following:
a. Maximum Duration: Two (2) Days
b. Maximum Frequency Allowed: Four (4) events per a month
122
c. Parking: Event area set up must not infringe on the parking spaces
required to meet code for the current use. Parking will not be
permitted on unimproved surfaces.
d. Traffic Control: Scope of event shall be contained to private
property and shall not require any traffic control.
e. Setbacks: Shall be setback from the public right of way, fire lane
easement, public sidewalk and or adjacent property line a minimum
of five feet.
f. Miscellaneous Permits – Exclusive of event permits, all
miscellaneous permits such as, and not limited to, Tents, Signs,
Stage and Health permits shall be required per city ordinance.
g. Sanitary Facilities: Refer to the currently adopted code of
ordinances for health department requirements and applicable
building codes (per the city permit application).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On October 13, 2020 The Planning and Zoning Commission voted 7-0 to recommend approval of
the amendments to Planned Development-22 with the following conditions:
1. Reduce the maximum duration to one (1) day, and
2. Reduce the maximum frequency to two (2) events per month.
NOTIFICATION
On October 5, 2020 a minimum of fifteen (15) days prior to the City Council public hearing, a
notice of public hearing was published in the local newspaper and public hearing notices were
mailed to adjacent property owners located within 200 of the subject property. No comments,
either for or against the text amendment, were received as of the printing of this packet.
RECOMMENDATION
The Development Review Committee (DRC) recommends approval of the proposed amendments
ATTACHMENTS
1. Location Map
2. Proposed Ordinance
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Subject Area
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This ma p was genera ted by GIS d ata provided by Th e Colony GIS Departmen t. The City of T he Colony does not guar antee th e co rrectness oraccuracy of any fea tures o n this map. These digital products are for llustration purpose s only a nd are no t suitable for site -specific decision making. /The Shacks at Aust in Ranc h
Subject Area
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Page 1
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020 - _______
AMENDMENT TO PD-22 PLANNED DEVELOPMENT DISTRICT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES,
APPENDIX A, COMPREHENSIVE ZONING ORDINANCE, BY
AMENDING ORDINANCE NO. 08-1772, PLANNED DEVELOPMENT
DISTRICT NO. 22 (PD-22), FOR AN APPROXIMATELY 8.108 ACRE
TRACT OF LAND, CONSISTING OF LOTS 1, 2R AND 4, BLOCK A OF
THE SHACKS OF AUSTIN RANCH ADDITION, AND A 3.679 ACRE
TRACT OF LAND CONSISTING OF LOT 6R, BLOCK C, PARKS OF
AUSTIN RANCH ADDITION, BOTH BEING ADDITIONS TO THE CITY
OF THE COLONY, DENTON COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED AND/OR DEPICTED IN EXHIBIT A
WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN FOR
ALL PURPOSES, BY AMENDING EXHIBIT B OF ORDINANCE NO. 08-
1772, “PERMITTED LAND USES BY CATEGORY” BY ADDING AN
“ARTS AND CRAFTS FAIR” USE AND A “FARMERS MARKET” USE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; PROVIDING A PENALTY OR FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,on or about January 5, 2009,the City Council of the City of The Colony, Texas
(“City Council”), approved Ordinance No. 08-1772, Planned Development District 22 (PD-22); and
WHEREAS,the City Council finds and determines that it is in the best interest of the City
and the citizens of the City of The Colony, Texas, to amend Exhibit B “The Permissible Uses of
Land” within PD-22, to allow Arts and Crafts Fairs, and Farmers Market, as allowed uses in Mixed
Use Districts, for an approximately 8.108 acre tract of land, consisting of Lots 1, 2R, and 4, Block A,
of The Shacks of Austin Ranch Addition, and a 3.679 acre tract of land consisting of Lot 6R, Block
C, Parks of Austin Ranch Addition, both being additions to the City of The Colony, Denton County,
Texas (the “City”), and more particularly described and/or depicted in Exhibit A of this Ordinance
and which is attached hereto and incorporated herein for all purposes; and
WHEREAS,Section 211.006(a) of the Texas Local Government Code requires the City
to publish notice of a public hearing concerning a zoning amendment before the 15th day before
the date of the public hearing; and
WHEREAS,Appendix A, Section 24-101(d) of the Code of Ordinances of the City of
The Colony, Texas, provides the following: “[a] public hearing shall be held by city council before
adopting any proposed amendment, supplement or change. Notice of such hearing shall be given
per the publication policy of the city, stating the time and place of such hearing, and shall be
published a minimum of 15 days prior to the date of the public hearing”; and
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Page 2
WHEREAS,the Planning and Zoning Commission and the City Council in compliance
with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas,
have given the requisite notices by publication and otherwise, and have held due public hearings
and afforded a full and fair hearing to all property owners generally and to all persons interested,
and the City Council is of the opinion and finds that said changes should be granted, and that the
Code of Ordinances should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1.The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2.Planned Development District No. 22 (PD-22), as adopted by Ordinance No.
08-1772, as amended, is hereby amended for the approximately 8.108 acre tract of land, consisting of
Lots 1, 2R, and 4, Block A, of The Shacks of Austin Ranch Addition, and a 3.679 acre tract of land
consisting of Lot 6R, Block C, Parks of Austin Ranch Addition, both being additions to the City of
The Colony, Denton County, Texas, and being more particularly described and/or depicted in Exhibit
A of this Ordinance, which is attached hereto and incorporated herein for all purposes, by amending
Exhibit B of Ordinance No. 08-1772, entitled “Permitted Land Uses by Category” by adding an “Arts
& Crafts Fair” use and “Farmers Market” use, which shall read as follows:
EXHIBIT "B"
PERMITTED LAND USES BY CATEGORY
P=Permitted, N=Not Permitted
Item Type of Use Multifamily Business Park Mixed Use
Arts & Crafts Fair N N P
Farmers Market N N P
1. Added Land Use Definitions:
a. Arts and Crafts Fair -Organized event for
the purpose to display and sell art, crafts and
other goods or services, as well as the public
exhibition of collectible automobiles and
performances by musicians.
b. Farmers Market -Organized event for the
purpose to display and sell produce, pastured
meat and eggs, and other edible foodstuffs to
the general public.
2. Defined Locations: Defined areas as reflected on Exhibit “A,” “Town Center II.”
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Page 3
3. Restrictions:
a. Maximum Duration: Two (2) Days.
b. Maximum Frequency Allowed: Four (4) events per a month.
c. Parking: Event area set up must not infringe on the parking
spaces required to meet code for the current use. Parking
will not be permitted on unimproved surfaces.
d. Traffic Control: Scope of event shall be contained to private
property and shall not require any traffic control.
e. Setbacks: Shall be setback from the public right of way, fire
lane easement, public sidewalk and or adjacent property line
a minimum of five feet.
f. Miscellaneous Permits: Exclusive of event permits, all
miscellaneous permits such as, and not limited to, Tents,
Signs, Stage and Health permits shall be required per city
ordinance.
g. Sanitary Facilities: Refer to the currently adopted code of
ordinances for health department requirements and
applicable building codes (per the city permit application).
SECTION 3. This Planned Development District No. 22 (PD-22) shall be developed and
used only in accordance with the Comprehensive Zoning Ordinance, and Ordinance No. 08-1772
(PD-22), as amended, and as amended herein.
SECTION 4.Should any sentence, paragraph, subdivision, clause, phrase or section of
this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 5.The Comprehensive Zoning Ordinance of the City of The Colony, Texas, as
amended, and Ordinance No. 08-1772, shall remain in full force and effect, save and except as
amended by this Ordinance.
SECTION 6.Any person, firm or corporation violating any of the provisions or terms of
this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, as heretofore amended, and upon conviction shall be
punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and
each and every day such violation shall continue shall be deemed to constitute a separate offense.
132
Page 4
SECTION 7. This Ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas,
this 20th day of October 2020.
APPROVED:
_____________________________________
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
133
Page 5
Exhibit A
The Shacks Property
Tract 1
Being all of Lot1, Block A, The Shacks at Austin Ranch, an addition to the City of The Colony,
Texas, according to the plat recorded Instrument No. 20191023000410, Official Public Records
of Denton County, Texas, and containing 1.494 acres of land more or less.
Tract 2
Being all of Lot 2R, Block A, The Shacks at Austin Ranch, an addition to the City of The
Colony, Texas, according to the plat recorded Instrument No. 20191023000410, Official Public
Records of Denton County, Texas, and containing 2.172 acres of land more or less.
Tract 3
Being all of Lot 4, Block A, The Shacks at Austin Ranch, an addition to the City of The Colony,
Texas, according to the plat recorded Instrument No. 20191023000410, Official Public Records
of Denton County, Texas, and containing 4.442 acres of land more or less.
The Boathouse Retail Property
Being all of Lot 6R, Block C, Parks of Austin Ranch Addition, an addition to the City of The
Colony, Texas, according to the plat recorded Instrument No. 201615, Official Public Records of
Denton County, Texas, and containing 3.679 acres of land more or less.
134
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: October 20, 2020
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approval of an ordinance for the Site Plan application for a proposed redevelopment of a
2,370 square-foot restaurant known as Dunkin’ on an approximately 29,495 square-foot tract of land located at
4907 Main Street, located north of the intersection of Main Street and Westport Drive, within the Shopping
Center (SC) Zoning District and the Gateway Overlay District. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
SP19-0019 CC Staff Report Dunkin' - Site Plan.pdf
SP19-0019.pdf
SP19-0019 Proposed Ordinance.pdf
135
1
CITY COUNCIL REPORT
AGENDA DATE: October 20, 2020
DEPARTMENT: Development Services Department
______________________________________________________________________________
SUBJECT SP19-0019 Dunkin’ – Site Plan
Discuss and consider approval of an ordinance for the Site Plan application for a proposed
redevelopment of a 2,370 square-foot restaurant known as Dunkin’ on an approximately 29,495
square-foot tract of land located at 4907 Main Street, located north of the intersection of Main
Street and Westport Drive, within the Shopping Center (SC) Zoning District and the Gateway
Overlay District.
APPLICANT/OWNER
Owner: Shreeji Donut Realty Inc Frisco, Texas
Applicant: Osama Nashed Colleyville, Texas
EXISTING CONDITION OF PROPERTY
The existing principal structure is an abandoned, approximately 2,100 square-foot, low profile
service station composed of unadorned stucco and fenestration. The lot is also occupied with an
approximately 700 square-foot abandoned tire shop. The site includes a circular drive with
access to Main Street (F.M. 423), Westport Drive, and shared access to Shipley Do-Nuts to the
north. Landscaping buffers are undersized and contain a few shrubs. The existing gas station
features to be removed include: metal canopy, tire shop, donation bin, trashcans, air pump,
bollards, monument sign, storage container, and trash enclosure.
PROPOSED DEVELOPMENT
The applicant intends to redevelop the existing building into a 2,370 square-foot restaurant site,
including new facades, landscaping, drive-thru, parking, and lighting.
ADJACENT ZONING
North - Shopping Center (SC) – Shipley Donut
South - Shopping Center (SC) – Dry Clean Super Center
East- General Retail (GR) – Wok Express / Kwik Car
West- Shopping Center (SC) – Cougar Car Wash
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
October 13, 2020 – The Planning and Zoning Commission voted (7-0) to recommend approval
of a Site Plan to redevelop a 2,370 square-foot restaurant known as Dunkin’ on an approximately
29,495 square-foot tract of land located at 4907 Main Street, located north of the intersection of
Main Street and Westport Drive, within the Shopping Center (SC) Zoning District and the
Gateway Overlay District.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the Site Plan meets the requirements of the
Zoning Ordinance as outlined in the Staff Report.
136
2
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Proposed Site Plan
4. Proposed Landscape Plan
5. Proposed Building Elevations
6. Lighting Plan
ATTACHMENT 1
Staff Analysis
LAND USE ANALYSIS
The existing site improvements were previously approved in 1986 as a Diamond Shamrock Gas
Station. Operations ceased in February 2020 and underground storage tanks were removed from
the site. The proposed use will be a donut shop with indoor dining, drive-thru service and
outdoor seating. The proposed use is permitted “by-right” in the Shopping Center (SC) District.
The proposed use is consistent with the surrounding Shopping Center (SC) District uses,
includes mixed retail uses, including restaurants, big-box retail, commercial services, and
offices.
The site is located within the Urban Corridor as reflected on the Future Land Use Plan of the
City. Development within the Urban corridor is designed to achie ve human interactivity, with
enhanced accessibility for pedestrians, and lessen the need for vehicles. The Site Plan reflects a
design consistent with the intent of the Urban Corridor by providing a new six-foot (6)
sidewalk on Westport, outdoor seating an d pedestrian access in consideration of the Future
Land Use Plan.
The Gateway Overlay District identifies development along F.M. 423 Main Street as areas
requiring special attention to detail and design. Many older developments in the area have
been either repurposed or resurfaced in accordance with the Gateway standards. The applicant
worked with staff to incorporate design detail and Gateway standards into the building and site
plan to establish a redevelopment consistent with the Zoning Ordinance, the Future Land Use
Plan, and the Gateway Overlay District.
EXTERIOR MATERIALS
The elevation plan reflects an earth tone color pallet, including shades of grays and tans with
bright pink and orange pink, consistent with the branding of the corporate bra nd. Synthetic
masonry composes most of the exterior with of the application of Exterior insulation and finish
system (EIFS), Fiber Cement, Stone Veneer. Building materials are arranged with offsets, raised
elements, and accent selections to provide interest and scale. The proposed building provides an
aesthetic consistent with the neighboring buildings. The overall design is consistent with the
requirements of the Zoning Ordinance and the Gateway Overlay District.
137
3
Materials (All values in SF)
CIRCULATION AND PARKING
The Site Plan reflects vehicular access points to Main Street, to Westport Drive, and shared
access to the adjacent Shipley Do-Nuts. The off-street parking requirement for restaurants is 1.0
spaces per 150 feet of gross floor area. The site provides twenty (20) parking spaces where
sixteen (16) are required. One (1) ADA van space is provided meeting the minimum. The Site
Plan includes an ADA route from the street to the main entrance, and a six (6) foot sidewalk will
be added along Westport Drive. The site also includes a bike rack for (2) two bikes. The
proposed development meets the specific requirements of Section 13, Vehicular Parking, Parking
Lot, and On-Site Traffic Regulations of the Zoning Ordinance and is consisten t with the
connectivity intent of the Gateway Overlay District.
LANDSCAPING AND IRRIGATION
The proposed Landscape Plan reflects canopy trees, ornamental trees, shrubs and groundcover in
accordance with The Landscape Ordinance, Texas SmartScapes and the Ga teway Overlay
District. The redevelopment of the lot will increase landscape buffers on the north, south and
west sides. South landscape buffers are increased in a manner that accommodates the requisite
interior traffic circulation and pedestrian connecti vity. Internal landscape areas will increase
from zero (0) square feet to 6,299 square feet. Outdoor dining is added to Site Plan and activates
the streetscape. The landscape areas irrigation is provided throughout the site meeting code.
INFRASTRUCTURE IMPROVEMENTS
No city initiated public infrastructure improvements are imminent at this time.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) finds that the proposed Site Plan meets the
requirements of the Zoning Ordinance and recommends approval.
138
Frank 's MiniMart
Wallc o
Dry C leanSupercenter
Texas BrothersBBQ
Cougar CarWash
KwikKar
4908 Main StMain StWestpo rt DrWestport Dr Main StMain StWestport Dr
Blaynes ViewWestport DrMain StMain StMain StMain St4910
4906
4905
4912
4908
49164995
4905
4907
4920
4936494049444948
495249564960
Texas B rother sBBQ
KwikKar
Cougar CarWash
Frank 'sMiniMart
Dry C leanSupercenter
Wallc oLakesideMontessori
Puff &Stuff
BubblezCarwash
This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the cor rectnes s oraccuracy of any features on this map. These digital products are for llus tration purposes only and are not s uitable for s ite-specific decis ion making. /Project No. S P19-0019 - Project N am e: Dunkin Donuts
Subject Area
Subject Area
Dunkin Donuts
Agricultural
Bus ines s Park
Bus ines s Park/Industrial
Duplex Dwelling
General Retail
Heavy Commercial
Industrial
Light Commercial
Mobile Home
Neighborhood Serv ice
Office Dis tric t 1
Planned Development
Shopping Center
Single Family Dwelling
Townhome
139
1
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2020-_____
SITE PLAN – DUNKIN’
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, APPROVING A SITE PLAN APPLICATION FOR A FOR A 2,370 SQUARE-
FOOT RESTAURANT KNOWN AS DUNKIN’ ON AN APPROXIMATELY 29,495
SQUARE-FOOT TRACT OF LAND LOCATED AT 4907 MAIN STREET, AND NORTH
OF THE INTERSECTION OF MAIN STREET AND WESTPORT DRIVE, WITHIN
THE SHOPPING CENTER (SC) ZONING DISTRICT AND THE GATEWAY
OVERLAY DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, and the City Council of the City of The Colony, Texas, is of the
opinion and finds that Site Plan Application No. SP19-0019 for a 2,370 square-foot restaurant
known as DUNKIN’ on an approximately 29,495 square-foot tract of land located at 4907 Main
Street, and north of the intersection of Main Street and Westport Drive, within the Shopping
Center (SC) Zoning District and the Gateway Overlay District.
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 City Council of the City of The Colony, Texas, does hereby
approve the Site Plan, a copy of which is attached hereto as Exhibit A of this Ordinance.
SECTION 3.That it is hereby declared to be the intention of the City Council of the
City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been
enacted by the City Council without the incorporation of this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
140
2
DULY PASSED by the City Council of the City of The Colony, Texas, this 20th Day of October
2020.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
141
142
143
144
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Revisions# Date CommentsPage 1 of 1Date:7/16/2020DUNKIN DONUTSTHE COLONY, TXTGWMS89°30'47"W170.00'S00°06'11"W150.12'N00°14'07"W173.50'N89°30'47"E170.00'Luminaires & Lamps Furnished By Villa Lighting Inc. St Louis, MO. 63103(800)325-0693www.villalighting.comThe electrical contractor shall be responsible for receiving, storage, installation andwiring of light fixtures.The electrical contractor shall report any damaged light fixtures or missing parts toVilla Lighting within 48 hours of receipt of light fixture package.Design is based on current information provided at the time of request. Any changes inmounting height, mounting location, lamp wattage, lamp type, and existing field conditionsthat effect any of the previously mentioned will void the current layout and require a changerequest and recalculation. Calculations are based upon a computer simulation and actual fieldcalculations may vary.Fixtures mounted on 20' pole & 3' baseLight level calculated on the groundG4-3MH: 23MH: 23G4-1MH: 23G4-1G4-2MH: 23G4-2MH: 231.91.2 1.4 1.6 1.8 1.9 1.9 2.0 2.3 2.50.52.01.11.9 1.8 1.7 1.5 1.3 1.1 0.9 0.7 0.61.72.20.80.82.0 2.1 1.9 1.7 1.7 1.7 1.6 1.5 1.31.11.01.20.7 0.6 0.5 0.6 0.6 0.7 0.8 1.0 1.10.61.21.30.6 0.5 0.5 0.5 0.6 1.0 1.2 1.3 1.40.51.41.32.0 2.3 2.3 2.2 2.3 2.7 2.8 2.2 2.3 2.31.42.10.7 0.9 1.0 1.1 1.2 1.2 1.21.3 1.6 1.90.82.11.12.3 2.6 2.7 2.5 2.1 2.1 2.1 1.9 1.61.62.01.20.9 1.0 1.1 1.1 0.9 0.30.9 1.0 1.11.01.20.71.2 1.3 1.3 1.3 1.2 1.2 1.2 1.2 1.21.81.21.00.9 1.0 1.0 1.0 1.0 1.0 1.0 1.1 1.0 1.00.81.00.71.0 1.0 0.9 0.8 0.7 0.6 0.6 0.6 0.60.81.00.71.4 1.3 1.2 1.1 0.9 0.8 0.7 0.6 0.61.10.61.50.8 1.0 1.1 1.2 1.3 1.2 0.41.3 1.5 1.60.61.10.7 0.7 0.6 0.6 0.6 0.7 0.7 0.8 0.9 1.01.41.31.40.41.3 1.4 1.4 1.4 1.5 1.6 1.7 1.61.41.20.41.3 1.3 1.4 1.42.4 2.2 2.2 2.0 1.6 1.3 1.0 0.71.10.4 0.4 0.6 1.0 1.1 1.2 1.2 1.21.0 1.1 1.1 1.2 1.12.0 1.70.51.41.10.50.60.8 0.6 0.5 0.5 0.5 1.3 1.4 1.4 1.62.50.5 0.50.50.70.52.40.70.91.21.62.02.52.52.32.72.72.50.92.30.82.40.80.80.70.6 0.82.52.72.62.52.40.90.90.90.92.31.40.82.40.90.62.92.50.60.60.50.40.41.41.71.81.50.70.60.50.50.41.82.22.22.11.60.80.70.70.70.60.72.61.11.21.20.72.90.73.13.13.13.01.12.81.12.52.32.22.22.12.11.91.91.91.91.92.92.82.62.61.01.01.01.01.01.00.92.62.61.12.81.02.72.62.52.32.22.01.91.41.21.12.62.70.70.20.50.70.80.80.80.70.60.50.50.50.60.60.70.70.80.80.70.70.70.80.70.70.60.60.60.80.20.70.90.90.90.80.60.60.50.50.60.20.80.50.90.90.90.90.90.90.90.90.80.90.80.71.10.50.90.70.60.60.50.50.40.40.81.00.91.10.70.60.60.50.50.40.30.51.01.31.31.31.10.60.70.80.80.90.70.40.40.40.50.50.50.90.61.20.60.60.60.71.30.61.80.50.40.30.60.62.94.34.13.93.94.34.54.33.83.63.63.73.43.42.52.11.71.41.31.31.42.72.72.93.23.72.41.73.83.73.84.14.34.13.63.43.33.34.02.73.72.01.71.51.41.41.52.62.72.93.14.63.11.43.64.14.54.94.54.03.73.83.73.22.64.31.74.11.21.21.21.21.61.41.31.11.11.10.72.12.43.54.54.03.94.44.54.43.83.63.94.14.03.04.12.01.61.31.21.21.22.32.52.83.13.63.61.22.22.22.12.01.91.51.21.11.21.23.91.32.52.93.03.23.43.43.43.33.23.23.13.01.23.41.51.41.21.11.11.11.11.21.31.23.22.23.32.33.53.33.13.02.92.82.62.62.62.63.33.12.03.03.43.43.63.93.63.23.03.02.92.83.52.23.51.71.51.51.41.41.42.52.73.03.23.42.51.31.73.12.82.62.62.62.42.22.01.81.63.51.33.11.31.21.21.22.72.72.93.23.33.33.41.40.40.20.20.30.30.30.40.40.50.20.00.20.10.10.30.50.30.50.00.20.30.40.40.40.30.20.30.30.30.20.20.20.40.10.50.30.20.30.30.30.40.40.40.50.10.50.50.50.40.30.40.10.00.00.00.00.00.10.30.10.00.10.10.10.30.40.50.50.10.50.10.50.40.30.30.30.60.40.40.50.60.80.91.01.10.30.50.20.10.10.20.30.50.60.60.90.50.50.50.50.50.50.60.20.40.30.40.30.30.41.10.30.30.30.40.30.20.20.10.30.20.10.10.10.10.10.10.50.10.40.20.20.10.10.20.21.20.1Calculation SummaryLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinParking LotIlluminanceFc1.674.90.28.3524.50Property LineIlluminanceFc0.331.20.0N.A.N.A.Luminaire ScheduleSymbolQtyLabelArrangementTotal Lamp LumensLLFDescription1G4-3SINGLEN.A.1.000GLEON-AF-03-LED-E1-SL4-HSS2G4-1SINGLEN.A.1.000GLEON-AF-01-LED-E1-SL4-HSS2G4-2SINGLEN.A.1.000GLEON-AF-02-LED-E1-SL4-HSS146
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: October 20, 2020
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider a resolution of the City Council of the City of The Colony, Texas, designating the hotel to
be constructed on an approximately 1.3 acre tract of land located within the Grandscape Addition, an addition to
the City of The Colony, Denton County, Texas, as a qualified hotel and is part of a qualified hotel project.
(Maurina)
Suggested Action:
Attachments:
Res. 2020-xxx Designating Hotel as Qualified Hotel Project.docx
147
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2020 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, DESIGNATING THE HOTEL TO BE CONSTRUCTED
ON AN APPROXIMATELY 1.3 ACRE TRACT OF LAND LOCATED
WITHIN THE GRANDSCAPE ADDITION, AN ADDITION TO THE CITY
OF THE COLONY, DENTON COUNTY, TEXAS, AS A QUALIFIED
HOTEL AS THAT TERM IS DEFINED IN SECTION 351.151(3) OF THE
TEXAS TAX CODE, AND IS PART OF A QUALIFIED HOTEL PROJECT;
AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS,in 2019, the Texas Legislature approved and the Governor signed into law
House Bill 4347 (2019) which in part amended Chapter 351 of the Texas Tax Code to address
qualified hotel projects; and
WHEREAS,the City of The Colony, Texas, is a City described in Section 351.152(41) of
the Texas Tax Code, as a City to which the qualified hotel provisions apply as contained in
Subchapter C of Chapter 351 of the Texas Tax Code, because the City of The Colony, Texas, has
a population of more than 36,000 that is adjacent to the cities of Frisco, Texas and Lewisville,
Texas, which each have populations in excess of 95,000, are located in more than one county, and
border Lake Lewisville; and
WHEREAS, Section 351.151(3) of the Texas Tax Code provides in pertinent part that the
term “qualified hotel” means “a hotel that is designated by a municipality to which this subchapter
applies as the hotel that is part of a qualified project. A qualified hotel: (A) must be located on
land owned by the designating municipality; (B) must be connected to a qualified convention
center facility or have an exterior wall that is located not more than 1,000 feet from the nearest
exterior wall of the qualified convention center facility”; and
WHEREAS,the City of The Colony, Texas, will cause to be constructed a hotel as one or
more separate buildings containing at least 152 guest rooms, a pool deck, full service restaurant
and bar, lobby lounge, a fitness center, and a spa (the “Hotel”), and (ii) a conference center
comprised of approximately 10,000 square feet of continuous space configured into an
approximately 6,000 square foot divisible ballroom and over 4,000 additional square feet of
smaller breakout meeting rooms (the “Convention Center”); and
WHEREAS,the City of The Colony, Texas, will cause the Hotel and Convention Center
to be constructed on an approximately 1.3-acre tract of land in the Grandscape addition, an addition
to the City of The Colony, Denton County, Texas (the “Qualified Hotel Property”); and
WHEREAS,consistent with Section 351.151(3) of the Texas Tax Code, the City Council
for the City of The Colony, Texas, desires to designate the Hotel to be constructed on the Qualified
Hotel Property as a “Qualified Hotel” as that term is used in Section 351.151(3) of the Texas Tax
Code.
148
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
Section 2.The City Council of the City of The Colony, Texas, consistent with Section
351.151(3) of the Texas Tax Code, does hereby designate the Hotel to be constructed on the
Qualified Hotel Property as a “Qualified Hotel” as that term is used in Section 351.151(3) of the
Texas Tax Code and is part of a Qualified Hotel Project.
Section 3.This Resolution shall take effect immediately from and after its passage.
PASSED, APPROVED AND EFFECTIVE THIS the 20
th DAY OF OCTOBER, 2019.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
Jeffrey L. Moore, City Attorney
149
Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: October 20, 2020
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider a resolution consenting to The Colony Local Development Corporation Tax Increment
Contract Revenue Refunding Bonds Series 2020. (Maurina)
Suggested Action:
Attachments:
Res. 2020-xxx COLONY NFM 2020.docx
NFM Refunding Calendar - 10.7.20.pdf
150
RESOLUTION NO. 2020 - ______
A RESOLUTION by the City Council of the City of The Colony, Texas,
consenting to “THE COLONY LOCAL DEVELOPMENT
CORPORATION TAX INCREMENT CONTRACT REVENUE
REFUNDING BONDS SERIES 2020”; and resolving other matters
incident and related to the issuance of such Bonds; and providing an
effective date.
WHEREAS, The Colony Local Development Corporation (the “Issuer”) has been created
and organized as a public, nonprofit local government corporation incorporated pursuant to
Subchapter D of Chapter 431, Texas Transportation Code, as amended (the “Issuer’s Act”) to aid,
assist and act on behalf of the City of The Colony, Texas (the “City”) in the performance of the
City’s governmental functions; and
WHEREAS, by Ordinance No. 2011-1926 adopted on November 8, 2011, the City Council
(the “City Council”) of the City designated a contiguous area as Tax Increment Reinvestment Zone
Number One, City of The Colony, Texas (the “Zone”), pursuant to the Tax Increment Financing
Act, Chapter 311, Texas Tax Code, as amended (the “TIF Act”);
WHEREAS, the Issuer, pursuant to the Issuer’s Act, is authorized to aid, assist and act on
behalf of the City in the performance of the City’s governmental functions, including, but not
limited to: (A) providing a means to implement and finance, or otherwise pay or reimburse, the
costs of projects located within and outside of, and benefitting, the Zone, including the following
projects described in (i)-(v) as follows (collectively referred to as the “Projects”) and all of the
costs of such Projects (the “Project Costs”): (i) public works within and outside such Zone, (ii)
public improvements within and outside such Zone, (iii) programs determined by the City Council
to be necessary or convenient to the implementation of the Zone’s Final Project Plan and
Reinvestment Zone Financing Plan, as the same may be amended from time to time (the “Final
Project and Finance Plan”) for the public purposes of developing and diversifying the economy
of the Zone and developing and expanding business and commercial activity within such Zone,
(iv) other projects that benefit the Zone, and, (v) costs and expenses incidental to the foregoing
works, improvements, programs, and projects, all as more specifically detailed in the Final Project
and Finance Plan; (B) causing and arranging for all of the acquisition, design, construction,
assembly, installation, implementation, operation and maintenance of the Projects; (C) issuing
bonds and notes for the financing of such Projects Costs; and, (D) owning, leasing, selling,
granting, transferring, conveying and otherwise being responsible for the Projects; all for the public
purpose of encouraging development and redevelopment within the Zone;
WHEREAS, on December 6, 2011, the City approved that certain Management
Agreement, by and between the City, the Board of Directors of the Zone (the “Zone Board”) and
the Issuer (the “Management Agreement”), pursuant to which the Issuer is further authorized to
aid, assist, and act on behalf of the City and in the management of the Zone and the implementation
of the Final Project and Finance Plan and the City delegated to the Issuer the power and authority
to assist in achieving the economic development objectives of the City within the Zone, including,
but not limited to, the power to issue, sell or deliver its bonds, notes or other obligations in
accordance with the Management Agreement;
151
101150605.2/10011110052
WHEREAS, the Issuer is authorized under the Issuer’s Act and the TIF Act, subject to the
consent of the City Council as set forth below, to issue bonds to carry out its purposes;
WHEREAS, the Issuer previously issued its Tax Increment Contract Revenue Bonds,
Series 2013 (the “Refunded Bonds”), pursuant to Resolution No. LDC2013-003 (the “Series 2013
Resolution”), the Original Indenture and the First Supplemental Indenture, in order to provide for
(i) financing and refinancing (a) the acquisition of approximately 12.9 acres of land within the
Zone for public infrastructure, as well as the cost for the construction of such public infrastructure
inside and outside the Zone, and (b) the cost for certain site improvements within the Zone, which
includes, but is not limited to grading and drainage (collectively, the “Series 2013 Project”),
(ii) paying capitalized interest on and funding a debt service reserve fund for the Refunded Bonds
(as defined herein) and (iii) financing the cost of issuance of the Refunded Bonds;
WHEREAS, the Board of Directors of the Issuer has found and determined that it is in the
best interest of the Issuer to provide for final payment and discharge of the Refunded Bonds from
proceeds of “The Colony Local Development Corporation Tax Increment Contract Revenue
Refunding Bonds, Series 2020”, (the “Bonds”) as provided for in a bond resolution relating to the
Bonds adopted by the Issuer on October 20, 2020 (the “Bond Resolution”); and
WHEREAS, Section 3 of the Bylaws of the Issuer provide that the Issuer shall not issue
bonds or notes without the consent of the City Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
Section 1: The City Council hereby consents to the issuance of the Bonds by the Issuer
in all respects.
Section 2: The consent herein given is in accordance with Section 3 of the Bylaws of
the Issuer and the Bonds shall never be construed an indebtedness or pledge of the City, or the
State of Texas (the “State”), within the meaning of any constitutional or statutory provision, and
the owners of the Bonds shall never be paid in whole or in part out of any funds raised or to be
raised by taxation or any other revenues of the Issuer, the City, or the State, except those revenues
assigned and pledged by the applicable indentures referenced in the Bond Resolution.
Section 3: The Mayor, the Mayor Pro Tem, the City Manager, the Director of Finance
and the City Secretary of the City are hereby authorized, jointly and severally, to execute and
deliver such endorsements, instruments, certificates, documents, or other papers necessary and
advisable to carry out the intent and purposes of the Resolution.
Section 4: It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Texas Government Code, Chapter 551, as amended.
Section 5: This Resolution shall be in force and effect from and after its passage on
the date shown below.
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PASSED AND ADOPTED, this October 20, 2020.
CITY OF THE COLONY, TEXAS
______________________________
Joe McCourry, Mayor
ATTEST:
______________________________
Tina Stewart, City Secretary
(City Seal)
APPROVED AS TO FORM:
______________________________
Jeff Moore, City Attorney
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155
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: October 20, 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:
156
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: October 20, 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:
157