HomeMy WebLinkAbout2021 0504
CITY OF THE COLONY
CITY COUNCIL AGENDA
TUESDAY, MAY 4, 2021
6:30 PM
TO ALL INTERESTED PERSONS
Notice is hereby given of a REGULAR SESSION of the CITY COUNCIL of the City of The Colony,
Texas to be held at 6:30 PM on TUESDAY, MAY 4, 2021 at CITY HALL and via VIDEO
CONFERENCE, 6800 MAIN ST., THE COLONY, TX, at which time the following items will be
addressed:
One or more members of the City Council may participate in this meeting remotely via videoconference.
This meeting notice and agenda are posted online at www.thecolonytx.gov.
The City Hall Council Chambers will be open for this meeting 30 minutes prior to its start but in light of
ongoing public health concerns, we encourage residents to stay home and watch proceedings online via
the City’s website www.thecolonytx.gov. Residents may also watch via Spectrum Governmental Access
Channel 16. (Please note: The City has been working closely with Spectrum on an intermittent sound
quality issue and listeners may not be able to hear the meeting thru Channel 16). If you wish to address
the City Council in person, you can do so by attending the meeting at City Hall. If you wish to have
comments added to the council minutes about issues on the Agenda, may submit their comments to the
City Secretary Office via email or on the city website.
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS AND PROCLAMATIONS
1.1 Call to Order
1.2 Invocation
1.3 Pledge of Allegiance to the United States Flag
1.4 Salute to the Texas Flag
1.5 Proclamation acknowledging May 6, 2021 as National Day of Prayer. (Council)
1.6 Proclamation acknowledging May 2-8, 2021 as Municipal Clerks Week. (Council)
1.7 Proclamation acknowledging May 9-15, 2021 as Economic Development Week. (Council)
1.8 Proclamation acknowledging Motorcycle Safety and Awareness Month. (Council)
1.9 Proclamation acknowledging National Bike Month. (Council)
1.10 Items of Community Interest
1.10.1
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)
REGULAR SESSION of the CITY COUNCIL Agenda
Meeting Date: 05/04/2021
Page - 2
2.0 CITIZEN INPUT
This portion of the meeting is to allow up to five (5) minutes per speaker with a maximum of thirty
(30) minutes for items not posted on the current agenda. The council may not discuss these items,
but may respond with factual data or policy information, or place the item on a future agenda.
Those wishing to speak shall submit a Request Form to the City Secretary.
3.0 WORK SESSION
The Work Session is for the purpose of exchanging information regarding public business or policy. No action is taken
on Work Session items. Citizen input will not be heard during this portion of the agenda.
3.1 Receive a presentation from the Children's Advocacy Center for North Texas. (Perez)
3.2 Discuss and provide direction to staff regarding the annual Boards and Commissions re-
appointment process; specifically those with terms set to expire June 30, 2021. (Council)
3.3 Council to provide direction to staff regarding future agenda items. (Council)
4.0 CONSENT AGENDA
The Consent Agenda contains items which are routine in nature and will be acted upon in one motion. Items may be
removed from this agenda for separate discussion by a Council member.
4.1 Consider approving City Council Regular Session meeting minutes for April 20, 2021. (Stewart)
4.2 Consider approving a resolution authorizing the City Manager to deny Oncor Electric Delivery
Company LLC's requested rate change. (Cranford)
4.3 Consider approving an ordinance amending the budget to increase the approved Fiscal Year 2020-
2021 Storm Water Utility budget in the amount of $90,000.00 for the Alta Oaks Lane Drainage
Improvement Project. (Hartline)
4.4 Consider approving a resolution authorizing the City Manager to execute a Construction Services
Contract in the amount of $74,792.25 with URETEK USA, Inc. for the Alta Oaks Lane Drainage
Improvements Project. (Hartline)
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider an ordinance regarding a Site Plan application for The Colony Plaza, a multi-
building commercial and medical office development located on an approximately 3.845 acre tract
of land located south of the southwest intersection of Lake Ridge Drive and Main Street, within
the Shopping Center (SC) zoning district and Gateway Overlay District. (Williams)
6.0 EXECUTIVE SESSION
6.1 Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas
Government Code regarding contemplated litigation, including commencement of Chapter 54 of
the Texas Local Government Code cause of action, concerning 7413 Water’s Edge Court.
Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging May 6, 2021 as National Day of Prayer. (Council)
Suggested Action:
Attachments:
National Day of Prayer Proclamation.doc
4
MAYORAL PROCLAMATION
WHEREAS, National Day of Prayer is an annual observance held on the
first Thursday of May, inviting people of all faiths to pray for the nation; and
WHEREAS,The National Day of Prayer is orchestrated by the National day
of Prayer Task Force made up of 40,000 volunteers across the United States with
more than 35,000 prayer gatherings.
WHEREAS, Since 1952, there have been annual proclamations by the
President of the United States and since 1993 from governors and other state
leaders, encouraging all Americans to pray on the National Day of Prayer; and
WHEREAS,The National Day of Prayer has great significance for us as a
nation as it enables us to recall and to teach the way in which our founding fathers
sought the wisdom of God when faced with critical decisions; and
WHEREAS, Because of the faith of many of our founding fathers, public
prayer and national days of prayer have a long-standing and significant history in
American Tradition.; and
WHEREAS, Year-end contributions allow the organization to make
significant progress to move forward in accomplishing important strategic
initiatives; and
NOW THEREFORE, I, Joe McCourry, Mayor of the City of The Colony,
Texas do hereby proclaim the month of May 6, 2021 as the “70th National Day of
Prayer”in the City of The Colony, Denton County, Texas.
Signed and sealed this 4thth day of May, 2021.
Joe McCourry, Mayor
ATTEST:
______________________________
Tina Stewart, City Secretary
5
Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging May 2-8, 2021 as Municipal Clerks Week. (Council)
Suggested Action:
Attachments:
Municipal Clerks Week Proclamation.doc
6
MAYORAL PROCLAMATION
WHEREAS,The Office of the Municipal Clerk, a time honored and vital part of
local government exists throughout the world; and
WHEREAS,The Office of the Municipal Clerk is the oldest among public
servants; and
WHEREAS,The Office of the Municipal Clerk provides the professional link
between the citizens, the local governing bodies and agencies of government at other
levels; and
WHEREAS,Municipal Clerks have pledged to be ever mindful of their
neutrality and impartiality, rendering equal service to all; and
WHEREAS,The Municipal Clerk serves as the information center on functions
of local government and community; and
WHEREAS,Municipal Clerks continually strive to improve the administration
of the affairs of the Office of the Municipal Clerk through participation in education
programs, seminars, workshops and the annual meetings of their state, provincial,
county and international professional organizations; and
WHEREAS,It is most appropriate that we recognize the accomplishments of
the Office of the Municipal Clerk
NOW, THEREFORE, I, Joe McCourry, Mayor of The City of The Colony, do
recognize the week of May 2 - May 8, 2021, as “Municipal Clerks Week”, and further
extend appreciation to our Municipal Clerk, Tina Stewart and to all Municipal Clerks
for the vital services they perform and their exemplary dedication to the communities
they represent.
SIGNED AND SEALED this 4th day of May 2021.
___________________________
Joe McCourry, Mayor
City of The Colony, Texas
7
Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Tina Stewart
Submitting Department: Economic Development
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging May 9-15, 2021 as Economic Development Week. (Council)
Suggested Action:
Attachments:
Economic Development Week Proclamation 2021.docx
8
MAYORAL PROCLAMATION
WHEREAS, the International Economic Development Council is the largest
professional economic development organization dedicated to serving economic
developers; and
WHEREAS, The Colony Economic Development Corporation is an active member
of the International Economic Development Council; and
WHEREAS, economic developers promote economic well-being and quality of life
for their communities by creating, retaining, and expanding jobs that facilitate growth,
enhance wealth, and provide a stable tax base; and
WHEREAS, The Colony Economic Development Corporation created and
facilitated programs to support local businesses during Covid-19 to retain services, goods
and jobs during the State mandated shut-down; and
WHEREAS, The Colony Economic Development Corporation assisted local
businesses by providing information on County, State and Federal grant opportunities and
continues to do so during Covid-19; and
WHEREAS, economic developers stimulate and incubate entrepreneurism in order
to help establish the next generation of new businesses, which is the hallmark of the
American economy; and
WHEREAS, economic developers are engaged in a wide variety of settings
including rural and urban, local, state, provincial, and federal governments, public-private
partnerships, chambers of commerce, universities, and a variety of other institutions; and
WHEREAS, economic developers attract and retain high-quality jobs, develop
vibrant communities, and improve the quality of life in their regions; and
WHEREAS, economic developers work in the City of The Colony within the State
of Texas; and
NOW, THEREFORE, I, Joe McCourry, Mayor and City Council of the City of The Colony
do hereby recognize May 9 – 15, 2021 as “National Economic Development Week”; and
further remind the City of The Colony the importance of this community celebration which
supports expanding career opportunities and improving quality of life in our vibrant city.
SIGNED AND SEALED this 4th day of May, 2021.
___________________________
Joe McCourry, Mayor
City of The Colony
9
Agenda Item No:1.8
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging Motorcycle Safety and Awareness Month. (Council)
Suggested Action:
Attachments:
Motorcyle Awareness Proclamation.doc
10
MAYORAL PROCLAMATION
WHEREAS,today’s society is finding more citizens involved in
motorcycling on the roads of our country; and
WHEREAS,motorcyclists are roughly unprotected and much
more likely to be injured or killed in a crash than other vehicle
drivers; and
WHEREAS,campaigns have helped inform riders and
motorists alike on motorcycle safety issues to reduce motorcycle
related risks, injuries, and most of all fatalities, through a
comprehensive approach to motorcycle safety; and
WHEREAS,it is the responsibility of all who put themselves
behind the wheel to become aware of motorcyclists, regarding them
with the same respect as any other vehicle traveling the highways of
this country; and it is the responsibility of riders and motorists alike
to obey all traffic laws and safety rules; and
WHEREAS,urging all of our community to become aware of
the inherent danger involved in operating a motorcycle, and for
riders and motorists alike to give each other the mutual respect they
deserve.
NOW, THEREFORE, I, Joe McCourry, Mayor of The
Colony, Texas, do hereby proclaim the month of May, 2021 as:
MOTORCYCLE SAFETY and AWARENESS MONTH
SIGNED and SEALED this 4
th day of May, 2021.
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, City Secretary
11
Agenda Item No:1.9
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Eve Morgan
Submitting Department: Parks & Recreation
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging National Bike Month. (Council)
Suggested Action:
Attachments:
2021 National Bike Month Proclamation.doc
12
MAYORAL PROCLAMATION
WHEREAS,the bicycle is a viable and environmentally sound form of transportation
and an excellent form of recreation and fitness; and
WHEREAS,many citizens of The Colony will experience the joys of bicycling through
educational programs, club and charity rides, commuting and trail events, safety promotion, or
just getting out and going for a ride; and
WHEREAS,The Colony encourages bicycling activities on its bike trails along
thoroughfares, and at Stewart Creek Park, the Shoreline Trail, Hidden Cove Park, The Tribute
Nature Trail, the Park Loop Trail and many other locations that attract cyclists from around the
region and nation; and
WHEREAS,these bicycling activities and attractions have a positive impact on The
Colony’s economy and tourism industry, and stimulate economic development by making the
city attractive to businesses and citizens who enjoy the out of doors and healthy lifestyles; and
WHEREAS,the education of bicyclists and motorists, creating bicycle-friendly
communities has been shown to improve citizens' health, well-being, and quality of life, boosts
community spirit, improves traffic safety, and reduces pollution and congestion; and
WHEREAS,May has been declared National Bike Month for each of the last 65 years,
and is so again in 2021; and
WHEREAS,the League of American Bicyclists, BikeTexas, bicycle clubs, schools,
parks and recreation departments, police departments, hospitals, companies and civic groups
throughout the state and our community will be promoting bicycling as a leisure and fitness
activity, as well as an environmentally-friendly alternative to the automobile during the month
of May; and
WHEREAS,Biking has become an even more important and needed method of family
recreation during the recent pandemic, allowing for exercise and social distancing when other
opportunities didn’t exist; and
WHEREAS,The Colony City Council recognizes the significance and value of bicycle
activities and the role they play in enhancing the overall quality of life of our community,
NOW, THEREFORE,I, Joe McCourry, Mayor of the City of The Colony hereby
recognize the month of May as National Bike Month.
SIGNED AND SEALED this 4th day of May, 2021.
___________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________
Tina Stewart, City Secretary
13
Agenda Item No:1.10
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Mayra Sullivan
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
14
Agenda Item No:1.11
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Tina Stewart
Submitting Department: Parks & Recreation
Item Type: Announcement
Agenda Section:
Subject:
Receive presentation from Parks and Recreation regarding upcoming events and activities. (Stansell)
Suggested Action:
Attachments:
15
Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Receive a presentation from the Children's Advocacy Center for North Texas. (Perez)
Suggested Action:
Attachments:
16
Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Discuss and provide direction to staff regarding the annual Boards and Commissions re-appointment process;
specifically those with terms set to expire June 30, 2021. (Council)
Suggested Action:
Attachments:
17
Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
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:
18
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for April 20, 2021. (Stewart)
Suggested Action:
Attachments:
April 20, 2021 DRAFT Minutes.docx
19
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
APRIL 20, 2021
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 20
th day of April 2021, at City Hall, 6800 Main Street, The Colony, Texas,
with the following roll call:
Joe McCourry, Mayor
Kirk Mikulec, Deputy Mayor Pro Tem
Richard Boyer, Mayor Pro Tem
Brian Wade, Councilmember
David Terre, Councilmember
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present (arrived at 6:49 p.m.)
Present
Present (arrived at 6:35 p.m.)
And with 7 council members present a quorum was established and the following items were
addressed in this meeting remotely via videoconference.
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor McCourry called the meeting to order at 6:30 p.m.
1.2 Invocation
Pastor Mike Bishop with Lakeway Baptist Church delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Items of Community Interest
1.5.1 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
No discussion
2.0 CITIZEN INPUT
None
3.0 WORK SESSION
3.1 Council to provide direction to staff regarding future agenda items.
None
20
City Council – Regular Meeting Agenda
April 20, 2021
Page| 2
Councilmember Marks arrived at 6:35 p.m.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda- Schrag; second by Wade, motion carried
with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for April 6,
2021.
4.2 Consider approving Council expenditures for the month of March.
4.3 Consider approving a resolution authorizing the City Manager to execute a
publication of a Notice of Intention to issue Certificates of Obligation, including
the adoption of a resolution pertaining thereto.
RESOLUTION NO. 2021-029
4.4 Consider approving a resolution authorizing the City Manager to execute a
Construction Services Contract in the amount of $2,071,434.00 with Quality
Excavation, Ltd., for the Eastvale Asphalt Street Reconstruction Phase 2 Project.
RESOLUTION NO. 2021-030
5.0 REGULAR AGENDA ITEMS
5.1 Presentation by Weaver and Tidwell regarding the Comprehensive Annual
Financial Report for the 2019-2020 Fiscal Year.
Assistant City Manager of Administration, Tim Miller, introduced John Deburro
with Weaver and Tidwell to Council. Mr. Deburro presented the 2019-2020
Fiscal Year Comprehensive Annual Financial Report (CAFR).
Councilmember Terre arrived at 6:49 p.m.
5.2 Conduct a public hearing, discuss and consider an ordinance regarding a zoning
change from Planned Development 20 (PD-20) to Planned Development 28 (PD-
28) aka "Camey Place," to establish and provide single-family development
standards on an approximately 14.306 acre tract of land out of the W. Bridges
Survey, Abstract No. 112, The A. Robertson Survey, Abstract No. 405, The B.B.B.
& C.R.R. Survey, Abstract No. 174, and the B.B.B. & C.R.R. Survey, Abstract No.
172 City of The Colony, Denton County, Texas. The subject site is located at the
northeast intersection of South Colony Boulevard and Memorial Drive.
Senior Planner, Isaac Williams, presented the proposed zoning change ordinance
to Council. Mr. Williams reviewed the land use analysis, circulation and access
21
City Council – Regular Meeting Agenda
April 20, 2021
Page| 3
development, landscaping and common areas.The Development Review
Committee finds that the zoning change request meets all applicable requirements.
On April 13, 2021, the Planning and Zoning Commission voted (7-0) to recommend
approval of the proposed zoning change request.
The public hearing opened at 7:20 p.m. Will Gietema with Arcadia Colony, LLC,
was available to answer questions. There being no other speakers, the public
hearing closed at 7:24 p.m.
Motion to approve- Marks; second by Wade, motion carried with all ayes.
ORDINANCE NO. 2021-2436
5.3 Discuss and consider an ordinance amending the Code of Ordinances by amending
Chapter 6, Article XI, entitled "Signs", by amending Section 6-253, entitled
"Definitions", by amending the definition of "Billboard".
City Attorney, Jeff Moore, provided Council with an overview on the proposed
ordinance.
Motion to approve- Boyer; second by Wade, motion carried with all ayes.
ORDINANCE NO. 2021-2437
Executive Session was convened at 7:30 p.m.
6.0 EXECUTIVE SESSION
6.1.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
and Section 551.087 of the Texas Government Code to deliberate commercial or
financial information the City has received from a business prospect, and to
deliberate the offer of a financial or other incentive to a business prospect -
Nebraska Furniture Mart - LMG Ventures, LLC, and TXFM, Inc.
B. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code regarding contemplated litigation,
including commencement of Chapter 54 of the Texas Local Government Code
cause of action, concerning 7413 Water's Edge Court.
C. 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).
22
City Council – Regular Meeting Agenda
April 20, 2021
Page| 4
Regular Session was reconvened at 9:59 p.m.
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding commercial or financial
information the City has received from a business prospect, and to deliberate the
offer of a financial or other incentive to a business prospect - Nebraska Furniture
Mart - LMG Ventures, LLC, and TXFM, Inc.
No Action
B. Any action as a result of executive session regarding 7413 Water's Edge Court.
No Action
C. 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 9:58 p.m.
APPROVED:
__________________________________
Joe McCourry, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
23
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: David Cranford
Submitting Department: Finance
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to deny Oncor Electric Delivery Company LLC's
requested rate change. (Cranford)
Suggested Action:
The Steering Committee of Cities Served by Oncor has advised the City to deny Oncor's request for a $97.8
million increase in revenues until the request can be fully examined.
Attachments:
Res. 2021-xxx Oncor Electric Delivery Company LLC Denial.docx
24
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - ______
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS
FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY
LLC’S APPLICATION FOR APPROVAL TO AMEND ITS
DISTRIBUTION COST RECOVERY FACTOR TO INCREASE
DISTRIBUTION RATES WITHIN THE CITY SHOULD BE
DENIED; AUTHORIZING PARTICIPATION WITH OCSC;
AUTHORIZING THE HIRING OF LEGAL COUNSEL AND
CONSULTING SERVICES; FINDING THAT THE CITY’S
REASONABLE RATE CASE EXPENSES SHALL BE
REIMBURSED BY THE COMPANY; FINDING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW;
REQUIRING NOTICE OF THIS RESOLUTION TO THE
COMPANY AND LEGAL COUNSEL.
WHEREAS, the City of The Colony, Texas (“City”) is an electric utility customer
of Oncor Electric Delivery Company LLC (“Oncor” or “Company”) with an interest in
the rates and charges of Oncor; and
WHEREAS, the Steering Committee of Cities Served by Oncor (“OCSC”) is a
coalition of similarly situated cities served by Oncor that have joined together to
efficiently and cost effectively review and respond to electric issues affecting rates
charged in Oncor’s service area in matters before the Public Utility Commission
(“Commission”) and the courts; and
WHEREAS, on or about April 8, 2021, Oncor filed with the Commission an
Application for Approval to Amend its Distribution Cost Recovery Factor (“DCRF”),
Commission Docket No. 51996, seeking to increase its total distribution revenue
requirement by approximately $97,826,277; and
WHEREAS, the City of The Colony will cooperate with OCSC in coordinating
their review of Oncor’s DCRF filing with designated attorneys and consultants, prepare
a common response, negotiate with the Company, and direct any necessary litigation, to
resolve issues in the Company’s filing; and
WHEREAS, all electric utility customers residing in the City will be impacted by
this ratemaking proceeding if Oncor’s Application is granted; and
WHEREAS, working with the OCSC to review the rates charged by Oncor allows
members to accomplish more collectively than each city could do acting alone; and
WHEREAS, OCSC’s members and attorneys recommend that members who have
retained original jurisdiction over electric utility rates deny Oncor’s DCRF.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
25
SECTION 1. That the City is authorized to participate with OCSC in Commission
Docket No. 51996.
SECTION 2. That, subject to the right to terminate employment at any time, the
City of The Colony hereby authorizes the hiring of the law firm of Lloyd Gosselink
Rochelle & Townsend, P.C. and consultants to negotiate with the Company, make
recommendations to the City regarding reasonable rates, and to direct any necessary
administrative proceedings or court litigation associated with an appeal Oncor’s DCRF
application.
SECTION 3. That the rates proposed by Oncor to be recovered through its DCRF
charged to customers located within the City limits should be denied.
SECTION 4. That the Company should continue to charge its existing rates to
customers within the City.
SECTION 5. That the City’s reasonable rate case expenses shall be reimbursed in
full by Oncor within 30 days of the adoption of this Resolution, and within 30 days of
presenting monthly bills to Oncor thereafter.
SECTION 6. That it is hereby officially found and determined that the meeting
at which this Resolution is passed is open to the public as required by law and the
public notice of the time, place, and purpose of said meeting was given as required.
SECTION 7. That a copy of this Resolution shall be sent to J. Michael Sherburne,
Vice President – Regulatory, Oncor Electric Delivery Company LLC, 1616 Woodall
Rodgers Freeway, Dallas, Texas 75202; to Tab R. Urbantke, Hunton Andrews Kurth
LLP, 1445 Ross Avenue, Suite 3700, Dallas, Texas 7520; and to Thomas Brocato,
General Counsel to OCSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box
1725, Austin, TX 78767-1725, or tbrocato@lglawfirm.com.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 5th DAY OF MAY 2021.
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
26
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving an ordinance amending the budget to increase the approved Fiscal Year 2020-2021 Storm
Water Utility budget in the amount of $90,000.00 for the Alta Oaks Lane Drainage Improvement Project.
(Hartline)
Suggested Action:
Summary of Request:
Consider approval of a resolution authorizing the City Manager to approve a budget amendment to increase the
approved Fiscal Year 2020-2021 Storm Water Utility budget in the amount of $90,000.00 for the Alta Oaks Lane
Drainage Improvement Project.
Background:
Engineering staff received a complaint from a resident on Alta Oaks Lane indicating that standing water
remained on the roadway in front of his home for an extended period of time after rain events and that the street
didn’t drain properly (See attached photos). City Staff visited the site and confirmed that large water ponding
areas are present at several locations on this street that need to be addressed. One ponding area was very
large and covered the entire street.
To attempt to save the street and avoid major reconstruction costs, city staff met with URETEK USA, Inc.
(URETEK) to see if their firm could lift these areas and restore adequate street drainage. URETEK reviewed
the areas and indicated they could lift the areas and that their firm performed this type of project on a regular
basis for the City of Garland.
City Staff received a proposal from URETEK USA, Inc., a BuyBoard Purchasing Cooperative vendor, to lift the
settled areas which includes all the necessary materials and equipment to complete the drainage
improvements necessary on Alta Oaks Lane. The proposal is for soil densification to strengthen base and
sub-base soils under the concrete pavement by furnishing and injecting expansive URETEK 486 STAR polymer
polyurethane material into the foundation soils beneath the pavement through drilled holes and/or injection
tubes. URETEK will provide a two-year unconditional warranty against settlement of more than 1/2” of the
injected areas. In the unlikely event that movement of more than 1/2” in the injected areas occurs, URETEK will
return to inject the affected area to lift to proper grade at no charge to the City.
Purpose:
To increase the 2020-2021 Storm Water Utility budget for the City of The Colony by $ 90,000.00 for the Alta
Oaks Lane Drainage Improvements Project.
Recommendations:
Staff recommends approval of a budget amendment to increase the approved fiscal year 2020-2021 Storm
Water Utility budget by $90,000.00.
27
Suggested motion: I move to recommend the approval of a resolution authorizing the City Manager to approve a
budget amendment to increase the approved Fiscal Year 2020-2021 Storm Water Utility budget in the amount
of $90,000.00 for the Alta Oaks Lane Drainage Improvement Project.
Attachments:
Financial Summary for Budget Amendment for the Storm Water Utility Fund
Photos Alta Oaks.pdf
Ord. 2021-xxxx 20-21 Storm Water Budget Amendment.doc
28
FINANCIAL SUMMARY:
Are budgeted funds available: Yes No Budget Amendment Requested $90,000.00
Fund(s) number and Account #: 710 and 669-6667 Capital Outlay-Drainage
Source of Funds: 2020-2021 Storm Water Utility
Cost of recommended budget increase: $90,000.00
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - _______
AMENDING THE FISCAL YEAR 2020-2021 BUDGET
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING ORDINANCE 2020-2405, ADOPTING THE
FISCAL YEAR 2020-2021 BUDGET FOR STORM WATER UTILITY FUND
OF CITY OF THE COLONY, TEXAS BY REALIGNING BUDGETS AS SET
FORTH HEREIN; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AMENDING
THE FISCAL YEAR 2020-2021 BUDGET FOR STORM WATER UTILTY
OF THE CITY OF THE COLONY; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND
NAMING AN EFFECTIVE DATE.
WHEREAS, the Council of the City of The Colony, Texas, is conducting business
pursuant to a budget for fiscal year 2020-2021, heretofore previously adopted by Ordinance No.
2020-2405 on the 15th day of September, 2020; and
WHEREAS, Section 102.010 of the Texas Local Government Code authorizes the
governing body of a municipality to make changes in the budget for municipal purposes; and
WHEREAS, the City of The Colony finds it in the best interest of the City to increase the
2020-21 Storm Water Utility budget by $90,000.00 for Alta Oaks Lane Drainage Improvements
Project.
WHEREAS, the City Council has reviewed the budget and has determined that a valid
municipal purpose is served by such budget increases and reallocation of funds.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are incorporated into the body of this Ordinance as if
copied herein in their entirety.
SECTION 2.
AMENDMENT AND ADOPTION
That the Storm Water Utility budget for the fiscal year ending September 30, 2021, heretofore
previously adopted by Ordinance 2020-2405 duly enacted by the City Council of the City of The
Colony, Texas, on the 15th day of September, 2020, be and is hereby amended as set forth herein,
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which amendment is hereby, in all respects, finally approved and adopted as so changed; and the
same shall be hereby filed with the City Secretary of the City of The Colony.
SECTION 3.
BUDGET INCREASES
That the 2020-21 Storm Water Utility budget is to be increased by an amount not to exceed
$90,000.00.
SECTION 4.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of Ordinances of the City of The Colony,
Texas except where the provisions of this Ordinance are in direct conflict with the provisions of
such Ordinances, in which event the conflicting provisions of such Ordinances are hereby
repealed.
SECTION 5.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council of The City of The Colony 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 should 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, or
sections of this Ordinance, since the same would have been enacted by the City Council without
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph,
or section.
SECTION 6.
SAVINGS CLAUSE
All rights and remedies of the City of The Colony are expressly saved as to any and all violations
of the provisions of any Ordinances affecting budgets, budget approval or adoption, which have
accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its date of passage.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 4th DAY OF MAY 2021.
__________________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
City of The Colony, Texas
36
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $74,792.25 with URETEK USA, Inc. for the Alta Oaks Lane Drainage Improvements Project.
(Hartline)
Suggested Action:
Summary of Request: Consider approval of a resolution authorizing the City Manager to sign a Construction
Services Contract in the amount of $74,792.25 with URETEK USA, Inc. for the Alta Oaks Lane Drainage
Improvements Project.
Background:
City Council approved funding for the Alta Oaks Lane Drainage Improvements in the 2021 Storm Water Utility
budget.
Engineering Staff received a complaint from a resident on Alta Oaks Lane indicating that standing water
remained on the roadway in front of his home for an extended period of time after rain events and that the street
didn’t drain properly. (See attached photos). City Staff visited the site and confirmed that large water ponding
areas are present at several locations on this street that needed to be addressed. One ponding areas was very
large and covered the entire street.
To attempt to save the street and avoid major reconstruction costs, City Staff met with URETEK USA, Inc.
(URETEK) to see if their firm could lift these areas and restore adequate street drainage. URETEK reviewed
the areas and indicated they could lift the areas and indicated that their firm performed this type of project on a
regular basis for the City of Garland.
City Staff received a proposal from URETEK USA, Inc., a BuyBoard Purchasing Cooperative vendor, to lift the
settled areas which includes all the necessary materials and equipment to complete the drainage
improvements necessary on Alta Oaks Lane. The proposal is for soil densification to strengthen base and
sub-base soils under the concrete pavement by furnishing and injecting expansive URETEK 486 STAR polymer
polyurethane material into the foundation soils beneath the pavement through holes and/or injection tubes.
URETEK will provide a two-year unconditional warranty against settlement of more than 1/2” of the injected
areas. In the unlikely event that movement of more than 1/2” in the injected areas occurs, URETEK will return to
inject the affected area to lift to proper grade at no charge to the City.
Recommendation:
City Staff checked the references for this firm and received positive feedback from both the City of Garland and
North Gate Constructors and recommends approval of the contract with this company. With approval, the
project is anticipated to start construction in June 2021 with an estimated completion in August 2021.
Suggested motion:
37
I move to recommend approval of a resolution authorizing the City Manager to sign a Construction Services
Contract in the amount of $74,792.25 with URETEK USA, Inc. for the Alta Oaks Lane Drainage Improvements
Project.
Attachments:
Financial Summary
Location Map
Photos of Alta Oaks Lane
URETEK USA, Inc. Proposal- Alta Oaks Lane
Res. 2021-xxx URETEK USA, INC. Construction Services Contract.docx
38
FINANCIAL SUMMARY:
Are budgeted funds available: Yes Amount budgeted/available: $ 90,000.00
Fund(s) number and Account #: 710 and 669-6667 Capital Outlay-Drainage
Source of Funds: 2020-2021 Storm Water Utility
Cost of recommended construction services contract award: $ 74,792.25
Total estimated project cost:
$ 0.00 Engineering Already authorized Yes No
$ 74,792.25 Construction Already authorized Yes No
$ 74,792.25 Total estimated costs
39
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Alta Oaks Lane
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2021 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION SERVICES CONTRACT BETWEEN THE
CITY OF THE COLONY AND URETEK USA, INC., FOR THE ALTA
OAKS LANE DRAINAGE IMPROVEMENTS PROJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the citizens
to award a bid to URETEK USA, INC., for the Alta Oaks Lane Drainage Improvements
Project; and
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.That the City Manager of the City of The Colony, Texas is hereby awards a bid to
URETEK USA, INC., in the amount of $74,792.25 for such work.
Section 2. That the City Manager or his designee is authorized to issue the appropriate
purchase order(s) in accordance with the bid award.
Section 3.This resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 4th DAY OF MAY 2021.
_____________________________
Joe McCourry, Mayor
City of The Colony, Texas
ATTEST:
________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
_______
Jeff Moore, City Attorney
50
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider an ordinance regarding a Site Plan application for The Colony Plaza, a multi-building
commercial and medical office development located on an approximately 3.845 acre tract of land located south
of the southwest intersection of Lake Ridge Drive and Main Street, within the Shopping Center (SC) zoning
district and Gateway Overlay District. (Williams)
Suggested Action:
Please the attached staff report, drawings, maps and illustrations, for detailed land use, site layout and staff
recommendation.
Attachments:
SP20-0002 CC Staff Report The Colony Plaza - Site Plan.pdf
Exhibit A.pdf
Photometric Plan.pdf
Sample Board.pdf
Screen Plan.pdf
SP20-0002.pdf
Ord. 2021-xxxx The Colony Plaza Site Plan.doc
51
1
PLANNING AND ZONING COMMISSION REPORT
AGENDA DATE: May 4, 2021
DEPARTMENT: Development Services Department
SUBJECT: SP20-0002 - The Colony Plaza – Site Plan
Discuss and consider an ordinance regarding a Site Plan application for The Colony Plaza, a
multi-building commercial and medical office development located on an approximately 3.845
acre tract of land located south of the southwest intersection of Lake Ridge Drive and Main
Street, within the Shopping Center (SC) zoning district and Gateway Overl ay District.
OWNER/ENGINEER
Owner: Hagai Rapaport Van Nuys, CA
Engineer: Bryan Weisgerber McKinney, TX
EXISTING CONDITION OF PROPERTY
The subject property is currently undeveloped.
ADJACENT ZONING AND LAND USE
North - Single Family Residential (SF-4) Lake Ridge Estates Neighborhood
South - Shopping Center (SC) Shopping Center – O'Reilly Auto parts
East- Shopping Center (SC) The Shops at The Colony - Mixed Commercial
West- Single Family Residential (SF-4) Lake Ridge Estates Neighborhood
PROPOSED DEVELOPMENT
The applicant requests to develop a six (6) building complex with commercial and medical office
uses. The six (6) buildings include three (3) retail buildings totaling 18,645 square feet and three
(3) office/medical buildings totaling 14,235 square feet.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) recommends approval. The staff finds that the
proposed Site Plan is consistent with the Gateway Overlay District and the Zoni ng Ordinance
requirements.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On April 13, 2021, The Planning and Zoning Commission voted (5 -2) to recommend approval of
a Site Plan to develop a multi-building commercial and medical office development loc ated on an
approximately 3.845 acre tract of land located south of the southwest intersection of Lake Ridge
Drive and Main Street, within the Shopping Center (SC) zoning district and Gateway Overlay
District.
ATTACHMENTS
1. Staff analysis
2. Location map
3. Proposed Ordinance (Exhibits)
4. Photometric Plan, Screen Wall Plan,
Sample Board
52
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ATTACHMENT 1
Staff Analysis
Land Use Analysis
The subject site is located in the Shopping Center (SC) District and Gateway Overlay District.
Shopping Center (SC) Districts are typically found adjacent to residential uses and along major
thoroughfares and or intersections. Permitted uses within the Shopping Center (SC) District
include a mix of retail and light commercial. The developer intends to provide shell space, built
to suit, consistent with development within the Shopping Center (SC) District.
The subject site's existing thirty-two (32) foot elevation drop from south to north requires a
combination of earthwork, retaining walls, and terracing to accommodate the propos ed building
footprints and locations. Building footprints are terraced in three (3) pad levels, with six (6)
building footprints overall. The elevation change between pad level A and pad B is seven and
one half (7.5) feet, and pad level C is five (5) fee t lower than pad level B.
The proposed Site Plan reflects commercial uses fronting Main Street , and medical office uses at
the rear of the site. The proposed configuration serves to reduce or mitigate the commercial
development's potential impact on the adjacent residential; the confirguration places the more
intense retail uses further away from the adjacent residential. The Site Plan reflects rear
building setbacks between fifteen (15) and forty-one (41) feet. The proposed medical office
building B has the closest proximity and is located approximately fifteen (15) feet from the rear
property line; this distance exceeds the minimum ten (10) foot rear yard requirement for
Shopping Center (SC) zoning. A fifteen (15) foot residential alley adjacent t o the west and north
lot line further separates commercial and residential uses. City records reflect the closest
residential building is an additional forty (40) feet beyond the residential property line. The
minimum distance from the rear building med ical building to the nearest residential building is
seventy (70) feet. Medical office building A has a rear yard of thirty-nine (39) feet, and Medical
office building C has a rear yard of forty-one (41) feet.
Building Elevations
The elevation plan reflects modern four-sided architecture throughout the six (6) proposed
buildings. Elevations reflect a storefront retail aesthetic consisting predominately of brick and
include stone, stucco and EIFS. The facades contain horizontal and vertical articulations ,
fenestration, and color changes in compliance with development within the Gateway Overlay
District.
The elevation plan reflects an earth-tone color pallet, including shades of browns and greys.
Proposed retail building e levations consist of storefront commercial design similar to The Shops
at The Colony, to the east. The site's medical office building elevations are comparable to
modern office condominium development.
Retail building A and C include pyramid roof caps composed of metal materials. Alt hough
metal roofing requires a Gateway Standards Waiver from 10A -900 (c)(3)(C), Texas State Law
House Bill 2439 prohibits the restriction of materials approved for use by a national model code
published within the last three code cycles.
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Circulation and Parking
The proposed development provides a majority of proposed parking located at the sides and rear
of the site. A total of 153 parking spaces are presented to accommodate the intended mix of
retail and medical office building uses. Parking Schedule Table 13-100 will determine required
parking at occupancy. Eight (8) ADA accessible spaces, including two ADA van spaces, are
dispersed on-site where grades allow. A continuous ADA path connects all buildings, building
entrances to the existing sidewalk on Main Street. Vehicle circulation connects the development
to Main Street, and a mutual access easement extends south to South Colony Boulevard. Due to a
generally narrow site, topographic limits, and required access, the site required a variance to
allow a five (5) foot parking encroachment within the front yard setback. The Board of
Adjustment approved the encroachment variance on October 21, 2020.
The Site Plan reflects adherence to the Vehicular Parking, Parking Lot, and On -Site Traffic
Regulations of the Zoning Ordinance; the connectivity is consistent with intent of the Gateway
Overlay District.
Landscaping and Buffering
The Landscape Plan reflects the planting of various canopy trees, small ornamental trees, shrubs,
and ground cover consistent with development within the Gateway Overlay District .
Landscaping will be irrigated in compliance with city standards.
Required Provided
Interior Landscaping 10% 6,658 sq. ft. 7,485 sq. ft
Tree Spacing 1: 400 sq.ft 17 26
Perimeter Landscape
Main Street
17 Canopy
27 Ornamental
17 Canopy
27 Ornamental
Perimeter Landscape
North, South & West
6 Canopy
26 Ornamental
7 Canopy
26 Ornamental
The Colony Plaza Landscape Plan reflects a ten (10) foot landscaped buffer adjacent to
residential uses, five (5) foot landscaped buffer adjacent to commercial development, and twenty
(20) foot buffer adjacent to Main Street. Each landscape buffer contains a variety of crape
myrtles, redbuds, and canopy trees to provide interest within the site. The proposed landscape
buffer plantings meet the Gateway Overlay District requirements.
The site's topography necessitates varying degrees of retaining wall; the retaining wall consists
of individually laid blocks of colored, textured Pavestone. The retaining wall is locat ed along the
perimeter and internal to the development. As proposed, the perimeter retaining wall extends to a
maximum height of thirteen and three-quarter (13.75) feet along the north of the property.
Homes adjacent to this portion of the site will have views of unvaried retaining wall design. The
proposed meets the minimum requirements for retaining walls in the Gateway Overlay District.
On the western property line, six (6) foot screen walls are mounted atop the retaining walls of
varying heights. The six (6) foot masonry screen walls are embossed and colorized on both
sides. In places where the retaining wall does not have a n attached screen wall, a wrought iron
handrail is provided to reduce fall hazards.
54
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Portions of building pads A and B are also ringed in retaining walls. An elevation change of
approximately four (4) feet occurs between parking lot elevations and building pad A and B
facades. Views of building facades will be partially obscured when observed at the parking lot.
The elevation change provides a unique raised patio space on building pads A and B.
Lighting
A Lighting Plan proposes a mix of light poles and wall packs to provide parking and safety
lighting. Where possible , the applicant has reduced the number of lighting poles or the height of
lighting poles to mitigate potential impacts. The site's lighting is designed to avoid glare or
direct illumination onto neighboring properties and is consistent with the Gateway Overlay
District.
Development Review Committee Review
Staff finds that the proposed Site Plan is consistent with the Gateway Overlay District and meets
the Zoning Ordinance requirements where applicable. The Development Review Committee
(DRC) recommends approval.
The Planning and Zoning Commission voted (5-2) to recommend approval of a Site Plan to
develop a multi-building commercial and medical office development located on an
approximately 3.845 acre tract of land located south of the southwest intersection of Lake Ridge
Drive and Main Street, within the Shopping Center (SC) District and Gateway Overlay District.
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SUTTON PL
SUTTON PL
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MAIN STMAIN ST5053
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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. /Projec t No. SP 20-0002 - Project N ame: The Colony Pla za
Subject Area
Sub ject Area
The Colon y Plaza
Agricultu ral
Business Park
Business Park/I ndustrial
Duplex Dwelling
Gene ral Retail
Heavy Comm ercial
Industrial
Light Commercial
Mobile Hom e
Neighb orh ood Service
Office District 1
Planned Development
Shopping Ce nter
Single Family Dwelling
Townh ome
69
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021-______
SITE PLAN – THE COLONY PLAZA
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR
THE COLONY PLAZA FOR THE DEVELOPMENT CONSISTING OF
THREE RETAIL BUILDINGS TOTALING APPROXIMATELY 18,645
SQUARE-FOOT AND THREE MEDICAL OFFICE BUILDINGS
TOTALING APPROXIMATELY 14,235 SQUARE-FOOT ON AN
APPROXIMATELY 3.845 ACRE (167,470 SQUARE FEET) TRACT
LOCATED SOUTH OF THE SOUTHWEST INTERSECTION OF LAKE
RIDGE DRIVE AND F.M. 423 (MAIN STREET) AND 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. SP20-0002 for the development of three retail
buildings totaling approximately 18,645 square-foot and three medical office buildings totaling
approximately 14,235 square-foot on an approximately 3.845 acre (167,470 square feet) tract
located south of the southwest intersection of Lake Ridge Drive and F.M. 423 (Main Street) and
is within the Shopping Center (SC) Zoning District and the Gateway Overlay District should be
approved.
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 Plans, copies of which are 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
70
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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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 4th DAY OF MAY 2021.
Joe McCourry, Mayor
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
71
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Exhibit A
72
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government
Code regarding contemplated litigation, including commencement of Chapter 54 of the Texas Local
Government Code cause of action, concerning 7413 Water’s Edge Court.
Suggested Action:
Attachments:
73
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 4, 2021
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Any action as a result of executive session regarding 7413 Water’s Edge Court.
Suggested Action:
Attachments:
74