HomeMy WebLinkAbout2022 0215Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Megan Charters
Submitting Department: Library
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation recognizing February 17, 2022 as The Colony Public Library Day. (Charters)
Suggested Action:
Attachments:
The Colony Public Library Day Proclamation.docx
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MAYORAL PROCLAMATION
WHEREAS, The Colony Public Library opened on February 17, 1982 and
celebrates its 40th year serving the citizens of The Colony; and
WHEREAS, public libraries play a vital roles in education, recreation, and
empowerment in communities; and
WHEREAS, librarians continue to lead the way in leveling the playing field for
all who seek information and access to technologies; and
WHEREAS, each year the Texas Municipal Library Director’s Association
confers the Achievement of Library Excellence Award for outstanding contributions to
public libraries in Texas; and
WHEREAS, each year applicants must exhibit excellence in providing services to
underserved and special populations, in enhancing services, in marketing their programs
and services in innovative ways, in promoting cultural, topical, and educational
programming, in providing literacy support, in providing summer reading clubs, in
pursuing collaborative efforts, in supporting workforce development, in providing for
digital inclusion, and in comprehensively training staff; and
WHEREAS, of the approximately 565 public libraries that exist in Texas, only 59
received this award in 2021; and
WHEREAS, The Colony Public Library has met the requirements of excellence
and been awarded the 2021 Texas Municipal Library Director’s Association
Achievement of Library Excellence Award; and
NOW, THEREFORE, be it resolved that I, Richard Boyer, Mayor of The Colony,
proclaim February 17th to be The Colony Public Library day in the city of The Colony
and encourage all residents to visit the library and enjoy the many programs and services
offered.
Signed and sealed this 1st day of February 2022.
Richard Boyer, Mayor
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Megan Charters
Submitting Department: Library
Item Type: Announcement
Agenda Section:
Subject:
Receive presentation from the Library regarding upcoming events and activities. (Charters)
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Tina Stewart
Submitting Department: Finance
Item Type: Miscellaneous
Agenda Section:
Subject:
Receive a presentation from the Texas Coalition for Affordable Power (TCAP). (Cranford)
Suggested Action:
Attachments:
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Brant Shallenburger
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Discuss and provide direction to staff regarding the date and location of the 2022 annual Council Retreat.
(Shallenburger)
Suggested Action:
Attachments:
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
10
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Special Session meeting minutes and Regular Session meeting minutes for
February 1, 2022. (Stewart)
Suggested Action:
Attachments:
February 1, 2022 Special Session DRAFT Minutes.doc
February 1,2022 DRAFT Minutes.docx
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MINUTES OF CITY COUNCIL SPECIAL SESSION
HELD ON
FEBRUARY 1, 2022
The Special Session of the City Council of the City of The Colony, Texas, was called to order at
6:00 p.m. on the 1
st day of February 2022, at City Hall, 6800 Main Street, The Colony, Texas,
with the following roll call:
Richard Boyer Mayor Present
Judy Ensweiler Councilmember Present
Robyn Holtz Councilmember Present
Brian Wade Deputy Mayor Pro Tem Present (arrived at 6:15 p.m.)
David Terre Councilmember Present
Perry Schrag Councilmember Present
Joel Marks Mayor Pro Tem Present
And with 7 council members present a quorum was established and the following items were
addressed in this meeting remotely via videoconference.
1. Call to Order – Mayor Boyer called the meeting to order at 6:00 p.m.
2. City Council to conduct interviews for appointments to the following advisory board:
Keep The Colony Beautiful
Councilmember Wade arrived at 6:15 p.m.
3. Discuss and consider the appointment, evaluation, reassignment, or duties of the
following advisory boards:
Keep The Colony Beautiful –No Action
Adjourn
With no further business to discuss the meeting was adjourned at 6:24 p.m.
APPROVED:
________________________________
Richard Boyer, Mayor
City of The Colony
ATTEST:
____
Tina Stewart, TRMC, CMC, City Secretary
12
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
FEBRUARY 1, 2022
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:32 p.m. on the 1
st day of February 2022, at City Hall, 6800 Main Street, The Colony,
Texas, with the following roll call:
Richard Boyer, Mayor
Judy Ensweiler, Councilmember
Robyn Holtz, Councilmember
Brian Wade, Councilmember
David Terre, Councilmember
Perry Schrag, Councilmember
Joel Marks, Councilmember
Present
Present
Present
Present
Present
Present
Present
And with 7 council members present a quorum was established and the following items were
addressed:
1.0 ROUTINE ANNOUNCEMENTS, RECOGNITIONS and PROCLAMATIONS
1.1 Call to Order
Mayor Boyer called the meeting to order at 6:32 p.m.
1.2 Invocation
Reverend James Jenkins with Friendship 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 Congratulatory proclamation for outgoing LISD superintendent Kevin Rogers.
**No discussion on this item**
1.6 Items of Community Interest
1.6.1 Receive presentation from the Parks and Recreation Department regarding
upcoming events and activities.
Special Events Supervisor, Lindsey Stansell, provided upcoming events and
activities to the Council.
2.0 CITIZEN INPUT
Pamela De Santiago, 5204 S. Colony, Suite 200, spoke regarding the upcoming bad
weather, Next Steps will become a warming station made available to citizens of The
Colony to seek shelter if needed.
13
City Council – Regular Meeting Agenda
February 1, 2022
Page| 2
3.0 WORK SESSION
3.1 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item No.
4.5- Schrag; second by Ensweiler, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for January 18,
2022.
4.2 Consider approving a resolution authorizing the City Manager to execute a renewal
contract for services and designating the Dallas Morning News as the city's official
newspaper.
RESOLUTION NO. 2022-007
4.3 Consider approving a resolution authorizing the City Manager to execute an
agreement with Texas Parks and Wildlife Department (TPWD) accepting a Local
Park Grant, in the amount of $400,000.00 for the development of West Shore Park
with funding provided by the Community Development Corporation (CDC).
RESOLUTION NO. 2022-008
4.4 Consider approving a resolution authorizing the City Manager to execute an
amendment of a contractor’s contract with Kraftsman LP for the purchase and
installation of the Kids Colony Splash Park Phase 2 - Amenities through the
BuyBoard Purchasing Cooperative in the amount of $174,131.68 with funding from
the Community Development Corporation.
RESOLUTION NO. 2022-009
4.5 Consider approving a resolution authorizing the City Manager to execute a contract
with Paradigm Traffic Systems in the amount of $100,000.00 to purchase
Intelligent Transportation Systems (ITS) communication equipment that will allow
remote communication for city maintained traffic signals along FM 423 & SH 121.
RESOLUTION NO. 2022-010
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City Council – Regular Meeting Agenda
February 1, 2022
Page| 3
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a second public hearing, discuss and consider approving an ordinance
Readopting, Ratifying, Republishing and Extending Chapter 13, Article III,
Sections 13-31 through 13-37 of the Code of Ordinances regarding Curfew Hours
for Minors.
Police Chief David Coulon provided an overview on the proposed ordinance.
The public hearing was opened and closed at 6:55 p.m. with no speakers.
Motion to approve- Marks; second by Ensweiler, motion carried with all ayes.
ORDINANCE NO. 2022-2460
5.2 Discuss and receive direction regarding the installation of a dedicated dual left turn
lane at the intersection of eastbound and westbound SH 121 Frontage Road and
Paige Road.
***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION***
5.3 Discuss and consider an ordinance approving an amendment adding a new project
to the approved Fiscal Year 2021-2022 GF Capital Projects Fund, in the amount of
$155,000.00 for engineering design and construction services for the installation of
dual left turn lanes at SH 121 Frontage Road and Paige Road.
***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION***
5.4 Discuss and consider appointing a member to the Keep The Colony Beautiful
Board.
Motion to approve the appointment of Pamela De Santiago to the Keep The Colony Beautiful
Board- Marks; second by Ensweiler, motion carried with all ayes.
5.5 Discuss and consider scheduling a City Council meeting for March 22, 2022 due to
canceling the March 15, 2022 meeting (Observance of LISD Spring Break Week)
and provide direction to staff.
Motion to approve scheduling a City Council meeting for March 22, 2022- Terre; second by
Wade, motion carried with all ayes.
15
City Council – Regular Meeting Agenda
February 1, 2022
Page| 4
6.0 EXECUTIVE SESSION
6.1 A. Council shall convene into a closed executive session pursuant to Sections
551.072 and 551.087 of the Texas Government Code to deliberate regarding
purchase, exchange, lease or value of real property and 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).
***ITEM PULLED FROM THE AGENDA WITH NO DISCUSSION***
7.0 EXECUTIVE SESSION ACTION
7.1 A. Any action as a result of executive session regarding purchase, exchange, lease
or value of real property and commercial or financial information the city has
received from a business prospect(s), and the offer of a financial or other incentive
to a business prospect(s).
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:04 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
16
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Isaac Williams
Submitting Department: Development Services
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss an ordinance for amendments to Planned Development-19 (PD-19) District,
by modifying Section II- Business Park Regulations to define and establish regulations for Storage, open (visual
screen) within the 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 Ridgepoint neighborhood. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendation
Attachments:
PDA21-0002 CC Staff Report .pdf
PDA21-0002.pdf
Screening Illustration.pdf
P&Z Minutes 1 25 22 Pending Certification.pdf
Ord. 2022-xxxx PDA21-0002 PD 19 Amendment (Open Storage).docx
17
CITY COUNCIL REPORT
AGENDA DATE: February 15, 2022
DEPARTMENT: Development Services Department
SUBJECT PDA21-0002 PD19 Live Oak Logistics Park- Planned Development Amendment
Conduct a public hearing, discuss and consider an ordinance for amendments to Planned
Development-19 (PD-19) District, by modifying Section II- Business Park Regulations to define
and establish regulations for Storage, open (visual screen) within the 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 Ridgepoint
neighborhood.
APPLICANT/OWNER
Applicant: Brian Strohl
Link Industrial Properties Dallas, Texas
Bill Dahlstom, FAICP, JD
Jackson Walker, LLP Dallas, Texas
Owner: Icon The Colony Land Owner Pool 2, LLP New York, New York
EXISTING CONDITION OF PROPERTY
The subject site contains approximately 97.55 acres and is currently under development as a multi-
building logistics park intended for the occupancy of logistic, office warehouse and light industrial
uses within a business park configuration.
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
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On January 25, 2022, The Planning and Zoning Commission voted (7-0) to recommend approval
of the variance.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
Based on the access limitation associated with this site and the design features incorporated into
the new roadway connection, the Development Review Committee recommends approval of this
variance.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Proposed Ordinance
4. Illustrations
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PROPOSED REQUEST
The applicants request is to define and permit with “Specific Use Permit” approval the ancillary
activity of “Open Storage” within Planned Development 19 (PD-19).
Currently, the applicable regulations do not permit “Open Storage” within this development,
therefore the zoning must be amended to permit and condition this activity.
The applicant requests the following amendment to Planned Development 19 (PD-19):
vi. Storage, open (visual screen) is permitted on the Property by Specific Use Permit
(“SUP”) only in accordance with Section 10-900 “Special Use Permits” and the
following restrictions:
a) Open storage shall be limited to the boundaries set forth on a site plan which
shall be attached to the SUP ordinance;
b) An area used for open storage that faces Memorial Drive or Standridge
Drive, and is not screened with a building (as shown on the approved
Concept Plan or as amended), shall be screened with a wall or fence such
that:
1) the open storage is not visible from Memorial Drive or Standridge
Drive;
2) the screening shall measure no less than eight feet, six inches (8’6”)
in height measured from adjacent grade and be constructed of
masonry or with a concrete or metal frame supporting a permanent
and solid masonry type wall material;
3) gates into the open storage shall be (i) solid metal fencing or (ii) vinyl
coated chain link fencing with visual screening laced within the
chain link; and,
4) the boundaries of screened enclosures may include adjacent truck
courts.
c) Stacking heights for materials shall be less than 8’ in height;
d) Tractor trailers shall not be considered or count towards open storage.
e) Storage of trailers, mobile water tanks, and other similar products assembled
or manufactured may be stored on the Property as open storage subject to
the restrictions herein;
f) Storage of scraps of or discarded pieces of metal, paper, rags, tires, concrete,
bottles and other materials; inoperable, wrecked, scrapped, ruined or
discarded automobiles or parts thereof, machinery or parts thereof, and
appliances or parts thereof is not permitted as open storage;
g) Open storage shall be limited to loading or dock sides of a building;
h) Open storage shall be on a paved surface;
i) Open storage may not be closer than 200’ of any residential property line;
19
CONSIDERATIONS
Development must be in accordance with the Ordinance Number 2020-2408 (PD-19 as amended)
specifically the General Provisions (Section I), Business Park Regulations (Section II) and the
zoning ordinance as applicable.
Open storage is considered an ancillary activity dependent on a primary operation. The amendment
is in anticipation of tenant occupancies that will utilize designated areas to accommodate
operations. As reflected in the amended text, no occupant shall be permitted to have open storage
activities without prior SUP approval. To this point, the applicant has not offered commitment of
a specific tenant however regardless of operator, the proposed restrictions are intended to offer
control, limit and mitigate potential negative impacts of open storage activity throughout the
development. Further, each SUP request will require review and consideration of any potential
impacts and compatibility of any open storage.
The subject site has developed in two (2) separate phases- Phase I and Phase II (a and b); the
approved site plans associated with each phase do not reflect the incorporation of open storage. If
open storage is needed for a tenant’s operations and screening for such is not currently provided,
review of a site plan or amendment thereto may be needed to reflect the incorporation of the
requisite screening.
The applicant has indicated that the open storage would be primarily focused at Building F- the
largest of all buildings within the development. However, if the amendments are approved, then
open storage with the restrictions and SUP approval as stated, may be considered throughout the
development.
The proposed amendment does not alter the previously considered list of permitted uses within the
development.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of ten (10) days prior to the
Planning and Zoning Commission meeting for text amendments. Notice for this Public Hearing
was published in Dallas Morning News on December 31, 2021. In addition, the Zoning Ordinance
also requires notification of property owners located within 200 feet of the subject property a
minimum of ten (10) days prior to the public hearing. Notifications were mailed to a list of twenty-
seven (27) adjacent property owners on December 30, 2021. The Planning and Zoning
Commission opened the public hearing on January 11, 2022, however the applicant requested a
postponement of consideration to the January 25, 2022 meeting to further address comments
generated from previous community input. No comments, either for or against the text amendment,
were received as of the presentation on January 25, 2022 or the printing of this packet for the City
Council.
RECOMMENDATION
On January 25, 2022, The Planning and Zoning Commission voted (7-0) to recommend approval
of the Planned Development Amendment.
The Development Review Committee (DRC) has no objections to the proposed amendments.
20
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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
21
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1
MINUTES
CITY OF THE COLONY
PLANNING AND ZONING COMMISSION
TUESDAY, JANUARY 25, 2022
After determining that a quorum was present, the Planning and Zoning Commission of the City
of The Colony, Texas convened into Regular Session which was held on Tuesday, January 25,
2022 at 6:30 p.m. in the City Council Chambers located at City Hall, 6800 Main Street, The
Colony, Texas, at which time the following items were addressed:
Board Members Present: Karen Hames, Chairman; Brenda Armour; Randy Dull; Shannon
Hebb; Dan Rainey; Kenneth Flo; and Arthel B. Martin.
Board Members Absent: None
Staff Present: Naim Khan, P.E., Senior Engineer, Jeromy Lucas, Fire Marshal, Keyl Groff,
Planner.
1.0 CALL REGULAR SESSION TO ORDER
Chair Hames called the regular session of the Planning and Zoning Commission meeting to order
at 6:30 p.m.
1.1 CITIZEN INPUT
Chair Hames opened the floor for citizen input at 6:3 0 p.m. No citizen came forward for input.
Citizen input was closed at 6:30 pm.
2.0 CONSENT AGENDA
2.1 Consider approval of the minutes of January 11, 2022 Regular Session.
Chair Hames read Consent Agenda Items 2.1 into the record.
Commissioner Martin made a motion to approve items 2.1, seconded by Commissioner
Hebb. The motion carried (7-0).
3.0 PUBLIC HEARING ITEMS
3.1 PDA21-0002 Live Oak Logistic Park – Planned Development Amendment
Conduct a public hearing, discuss and consider making a recommendation to City
Council for amendments to Planned Development-19 (PD-19) District, by modifying
Section II- Business Park Regulations to define and establish regulations for Storage,
open (visual screen) within the 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 Ridgepoint
neighborhood. (Consideration postponed by the Planning and Zoning Commission
from 1/11/22 to 1/25/22)
Mr. Groff presented the report.
Chair Hames noted the changes made by the applicant working with staff to address concerns.
Mr. Johnathan Vinson of 2323 Ross Avenue, Dallas, represented the applicant
25
City of The Colony
January 11, 2022
Planning and Zoning Commission Meeting Minutes
Page 2 of 3
2
Commissioner Martin commented how dark the area is now and asked about lighting.
Mr. Vison replied that any lighting will need to comply with the regulations of the city and the
Planned Development.
Commissioner Hebb conferred with staff that some future tenants would want to store things on
the lot and screen them. Commissioner Hebb also asked if there are no regulations to control the
use presently.
Staff confirmed the request tonight and that a future SUP will address the particulars of location,
screening, and operation. Staff advised the Storage, open (visual screen) was presently not
allowed, and tonight would add the Storage, open (visual screen) with SUP approval.
Mr. Vison added that the SUP would only be permitted in accordance with the standards in the
report. The SUP site review and conditional approval offer a depth of review.
Commissioner Hebb asked about a comparative review of outside storage with Lewisville. Staff
was unable to provide a comparative review and asked if the additional study was requested.
Commissioner Dull asked why don 't review the Storage, open (visual screen) now, and if the
commission asked for a 10 foot wall instead of an 8 foot wall?
Staff answered the allowance must be added in order to consider the review. The wall size could
be a condition of the SUP.
Commissioner Flo asked if it was correct to deny an SUP seeking additional l imits, if the use was
compliant with the standards offered tonight? The commissioner would prefer direct reference
to the SUP consideration into the reports.
Staff answered the city's ordinance can regulate a use like beverage stores but is still subjec t to
the SUP review process and conditions.
Commissioner Rainey indicated that the board may want to go back and review the site plans,
parking plans, and fire lane plans and possibly open the original planned development.
Mr. Vison agreed.
Commissioner Hebb confirmed.
Chair Hames opened the floor for citizen input at 6:57 p.m. No citizen came forward for input, a
public hearing was closed at 6:57 p.m.
Commissioner Hebb made a motion to approve the planned development amendment as
stated, seconded by Commissioner Martin. The motion carried (7-0).
There being no further business to come before the Commission, Madam Chair Hames adjourned
the Regular Session of the Planning and Zoning Commission at 6:57 p.m.
26
City of The Colony
January 11, 2022
Planning and Zoning Commission Meeting Minutes
Page 3 of 3
3
Karen Hames, Chairman
Isaac Williams, Development Services Manager
27
Page 1
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022- ________
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 AND AS AMENDED BY
ORDINANCE NO. 2020-2408, PLANNED DEVELOPMENT DISTRICT NO.
19 (PD-19), FOR AN APPROXIMATELY 97.55 ACRE TRACT OF LAND,
LOCATED WITHIN THE CITY OF THE COLONY, TEXAS AND MORE
FULLY DESCRIBED IN EXHIBIT “A” WHICH IS ATTACHED HERETO
AND INCORPORATED HEREIN FOR ALL PURPOSES, BY AMENDING
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,Planned Development District 19(PD-19) andamended on
October 20, 2021 by Ordinance No. 2020-2408 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 Section
II- Business Park Regulations for an approximately 97.55 acre tract of land, 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
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
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Page 2
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 and as amended by Ordinance No. 2020-2408, is hereby amended by amending Section
II, entitled “Business Park Regulations,” by adding a subsection 1(vi) which shall read as follows:
“vi.Storage, open (visual screen) is permitted on the Property by Specific Use Permit
(“SUP”) only in accordance with Section 10-900 “Special Use Permits” and the
following restrictions:
a) Open storage shall be limited to the boundaries set forth on a site plan
which shall be attached to the SUP ordinance;
b) An area used for open storage that faces Memorial Drive or
Standridge Drive, and is not screened with a building (as shown on
the approved Concept Plan or as amended), shall be screened with a
wall or fence such that:
1) the open storage is not visible from Memorial Drive or
Standridge Drive;
2) the screening shall measure no less than eight feet, six inches
(8’6”) in height measured from adjacent grade and be
constructed of masonry or with a concrete or metal frame
supporting a permanent and solid masonry type wall material;
3) gates into the open storage shall be (i) solid metal fencing or
(ii) vinyl coated chain link fencing with visual screening laced
within the chain link; and,
4) the boundaries of screened enclosures may include adjacent
truck courts.
c) Stacking heights for materials shall not exceed 8’ in height;
d) Tractor trailers shall not be considered or count towards open storage;
e) Storage of trailers, mobile water tanks, and other similar products
assembled or manufactured on site may be stored on the Property as
open storage subject to the restrictions herein;
f) Storage of scraps of or discarded pieces of metal, paper, rags, tires,
concrete, bottles and other materials; inoperable, wrecked, scrapped,
ruined or discarded automobiles or parts thereof, machinery or parts
thereof, and appliances of parts thereof is not permitted as open
storage;
g) Open storage shall be limited to loading or dock sides of a building;
h) Open storage shall be on a paved surface; and,
29
Page 3
i) Open storage may not be closer than 200’ of any residential property
line.”
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 by Ordinance No. 2020-2408, 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.
SECTION 5.That the Comprehensive Zoning Ordinance of the City of The Colony, Texas,
as amended, and Ordinance No. 01-1333 and as amended by Ordinance No. 2020-2408 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 THE 15TH DAY OF FEBRUARY 2022.
APPROVED:
_____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
30
Page 4
Exhibit A
31
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Isaac Williams
Submitting Department: Development Services
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving an engineering variance to Section 2.07 Median Openings - Engineering
Design Manual, to allow a median opening at 430 feet, where 600 feet is the minimum, in accordance with the
Code of Ordinances Section 6-124 - Variance. The subject site contains approximately 18 acres and is located
east of the northeast intersection of Plano Parkway and Windhaven Drive within the Planned Development 22
(PD-22) Zoning District.
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendation.
Attachments:
PP21-0003 CC Staff Report The Shacks - Engineering Variance 2.07.pdf
PP21-0003.pdf
AR-Shacks MF-Median Cut Engineering Variance Narrative-1.17.22.pdf
AR-Shacks MF-Curb Cut Variance Enlarged Exhibit 2.07.pdf
AR-Shacks MF-Overall Site Exhibit.pdf
P&Z Minutes 2-8-22 Draft (pending certification).pdf
32
1
CITY COUNCIL REPORT
AGENDA DATE: February 15, 2022
DEPARTMENT: Development Services Department
PP21-0003 The Shacks Multi-Family - Engineering Design Manual Variance
Discuss and consider making a request regarding an engineering variance to Section 2.07 Median
Openings - Engineering Design Manual, to allow a median opening at 430 feet, where 600 feet is
the minimum, in accordance with the Code of Ordinances Section 6 -124 - Variance. The subject
site contains approximately 18 acres and is located east of the northeast intersection of Plano
Parkway and Windhaven Drive within the Planned Development 22 (PD-22) Zoning District.
OWNER/ APPLICANT
Owner/Developer: University Business Park PHII, LTD
Applicant: Mike Clark
ML Clark Consulting, LLC Dallas, Texas
EXISTING CONDITION OF PROPERTY
The property is currently undeveloped.
PROPOSED REQUEST
The applicant requests an engineering variance to Section 2.07 Median Openings – of the
Engineering Design Manual, to allow a median opening at 430 feet, where 600 feet is the
minimum. The proposed median opening is located approximately 430’ from the northeast
intersection of Plano Parkway and Windhaven Parkway. This variance is to facilitate the access of
a proposed 423-unit multifamily development.
ADJACENT ZONING AND LAND USE
North - Planned Development 22 (PD-22) Austin Ranch- undeveloped
South - Planned Development 22 (PD-22) Austin Ranch- Mixed retail commercial
East - Planned Development 22 (PD-22) Austin Ranch- undeveloped
West - Planned Development 10 (PD-10) undeveloped
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On February 8, 2022, The Planning and Zoning Commission voted (7-0) to recommend approval
of the variance.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee recommends approval of this variance.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Applicant Narrative
4. Variance Exhibit
33
2
Staff Analysis
Considerations
The following standards for median openings are established to facilitate traffic movement and
promote traffic safety:
Major Streets
Median openings will normally be permitted at all intersections with dedicated city streets.
Exceptions would be at certain minor streets where due to unusual c onditions a hazardous
situation would result.
Midblock median openings or other openings with turns permitted into adjacent property will
not normally be permitted unless all the following conditions exist:
a. The property to be served is a significant traffic generator with demonstrated or
projected trip generation of not less than two hundred and fifty (250) vehicles in a
twelve-hour period.
b. The median opening is not less than 600 feet from another median opening.
The applicant submitted a site plan for the development of a two building 423- unit multifamily
complex with interior structured parking; the primary access points to the development are from
Plano Parkway and Windhaven Parkway. To accommodate the proposed site circulation, the site
plan reflects the intent to relocate the adjacent median cut on Plano Parkway further to the south
for better alignment into the site. However as reflected on the site plan the proposed relocation is
approximately 430 feet from the intersection of Plano Parkway and Windhaven Parkway; the
minimum distance from the intersection according to the Engineering Design Manual is 600 feet.
Section 6-124 of the Code of Ordinances, states The Planning and Zoning Commission may
consider and make recommendation to City Council for a variance from the Engineering Design
Manual. The Planning and zoning commission shall consider evidence of the following:
1. The variance is not detrimental to the public safety, health, or welfare or injurious to
other property .
This configuration is intended to provide greater access and circulation throughout the
development. The proposed median cut on Plano Parkway facilitates the primary access
from the north and south and offers one of two points of ingress and egress needed for
emergency access.
Staff has reviewed the overall request, this accommodation allows for the adherence to
Engineering and Fire Department requirements.
2. The conditions upon which the request for a variance is based are unique to the
property for which the varianc e is sought and are not applica ble generally to other
property.
34
3
Staff finds the variance request is based on unique attributes of the property. The proposed
site layout is influenced by the adjacent flood plain to the east; the flood plain prohibits
development within it and reduces the overall buildable land area and compresses the
location of buildings, parking and access. The floodplain footprint compels development
further into the site and closer to the hard corner which is developed with the 7-eleven
convenience store. Development requires a design that will accommodate internal
circulation around and with the 7-eleven as well as the floodplain. The proposed design
reflects a design considerate of, topography and existing street intersections, existin g
driveways, and the fire code requirements.
3. Because of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience if the strict compliance with the subdivision
ordinance is required.
The combination of floodplain and existing development creates a development envelope
with curvilinear boundaries and requires unique consideration for access. The existing
median cut primarily serves the adjacent Oncor Substation access drive. Development of
the complex without the proposed engineering variance would require construction of an
access aisle that compels shared access usage of the Oncor Substation access drive and
would require construction of a drive aisle into the site through unfavorable topography.
The site plan reflects the Oncor Substation access drive has a substantial grade change at
the most likely connection point; usage of that access point creates a significant design
challenge.
Strict compliance would prohibit the median opening relocation and require residents of
the development to potentially navigate a steep grade for ingress/egress. Then, further
perform a U-turn maneuver at the existing median opening to t ravel southbound. The
proposed median opening offers a less strenuous ingress/egress from 7 -eleven and the
proposed development, no U-turn maneuver would be required to travel southbound.
4. The special or peculiar conditions upon which the request is based did not result
from or were not created by the act or omission of the owner or any prior owner,
subsequent to the date of creation of the requirement from which the variance is
sought.
Staff found no act or omission in the history of development that gene rates the
engineering variance request.
Development Review Committee Review
The Development Review Committee recommends approval of this variance.
35
WINDHAVEN PKWY
WALNUTCREEKLNPLANOPKWYB A R TON
CR E E K BLVD
P D 2 2
P D 1 0
This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . BOA21-0006 - Project Nam e: The Shacks Mult i F amily
Th e S ha cks Mu lt i F a mi ly
Pla nn e d Deve lo pme nt 1 0
Pla nn e d Deve lo pme nt 2 2
Subje ctArea
36
37
DESIGNDRAWNDATENOTESFILESHEET02/18/22HDSMLCADAMSP.O.BOX 170ADDISON, TEXAS 75001(214) 675-1960TBPE F-20431ML CLARKCONSULTING, LLCREVISIONSREV NO.DATEDESCRIPTIONBY003-005THE COLONY, DENTON COUNTY, TEXASNORTHEAST CORNER PLANO PARKWAY AND WINDHAVEN PARKWAY ADDNLOT 2, BLOCK ATHE SHACKS MULTIFAMILYD. ANDREWS SURVEY A-18 & B. SHOONOVER SURVEY A-1208NZZVARIANC4.1ENGINEER:ML CLARK CONSULTING, LLCPO BOX 170ADDISON, TEXAS 75001PHONE: (214) 675-1960CONTACT: MICHAEL L. CLARK, PEEMAIL: MCLARK@MLCLARKCONSULTING.COMDEVELOPER:BDDC, INC.1722 ROUTH STREET, SUITE 770DALLAS, TEXAS 75201PHONE: (214) 270-0999CONTACT: LUCILLO PENAEMAIL: LPENA@BILLINGSLEY.COMTSCITY PROJECT No. PP21-0003VARIANCE REQUESTED:ENGINEERING VARIANCE REQUEST TO ENGINEERING DESIGN MANUAL SECTION 2.07(MEDIAN OPENINGS) TO REDUCE THE MINIMUM SPACING DISTANCE BETWEEN MEDIANOPENINGS ON PLANO PARKWAY (PRINCIPAL ARTERIAL) FROM 600 FEET TO 430 FEETBETWEEN THE WINDHAVEN PARKWAY INTERSECTION AND PROPOSED MEDIAN OPENINGTO THE NORTH FOR THE PROPOSED MULTIFAMILY DEVELOPMENT. THE EXISTINGMEDIAN LOCATED FURTHER NORTH IS PROPOSED TO BE REMOVED.THE SHACKS MULTIFAMILYPROPOSED LOT 2, BLOCK A01/19/2238
ΔΔDESIGNDRAWNDATENOTESFILESHEET02/18/22HDSMLCADAMSP.O.BOX 170ADDISON, TEXAS 75001(214) 675-1960TBPE F-20431ML CLARKCONSULTING, LLCREVISIONSREV NO.DATEDESCRIPTIONBY003-005THE COLONY, DENTON COUNTY, TEXASNORTHEAST CORNER PLANO PARKWAY AND WINDHAVEN PARKWAY ADDNLOT 2, BLOCK ATHE SHACKS MULTIFAMILYD. ANDREWS SURVEY A-18 & B. SHOONOVER SURVEY A-1208NZZSPEXBTC4.1ENGINEER:ML CLARK CONSULTING, LLCPO BOX 170ADDISON, TEXAS 75001PHONE: (214) 675-1960CONTACT: MICHAEL L. CLARK, PEEMAIL: MCLARK@MLCLARKCONSULTING.COMDEVELOPER:BDDC, INC.1722 ROUTH STREET, SUITE 770DALLAS, TEXAS 75201PHONE: (214) 270-0999CONTACT: LUCILLO PENAEMAIL: LPENA@BILLINGSLEY.COMTSCITY PROJECT NoS. PP21-0003, PP21-0004 & BOA21-0008PROPOSED LOT 2, BLOCK A1/19/2239
1
MINUTES
CITY OF THE COLONY
PLANNING AND ZONING COMMISSION
TUESDAY, FEBRUARY 8, 2022
After determining that a quorum was present, the Planning and Zoning Commission of the City
of The Colony, Texas convened into Regular Session which was held on Tuesday, February 8,
2022 at 6:30 p.m. in the City Council Chambers located at City Hall, 6800 Main Street, The
Colony, Texas, at which time the following items were addressed:
Board Members Present: Karen Hames, Chairman; Brenda Armour; Randy Dull; Shannon
Hebb; Dan Rainey; Kenneth Flo; and Arthel B. Martin.
Board Members Absent: None
Staff Present: Isaac Williams, Development Services Manager; Brian McNuelty, Engineering
Technician; Naim Khan, P.E., Senior Engineer; Jeromy Lucas, City Fire Marshal; Ed Voss, City
Attorney.
1.0 CALL REGULAR SESSION TO ORDER
Chair Hames called the regular session of the Planning and Zoning Commission meeting to order
at 6:30 p.m.
1.1 CITIZEN INPUT
Chair Hames opened the floor for citizen input at 6:3 0 p.m. No citizen came forward for input.
Citizen input was closed at 6:30 pm.
2.0 CONSENT AGENDA
2.1 Consider approval of the minutes of January 25, 2022 Regular Session.
Chair Hames read Consent Agenda Items 2.1 into the record.
Commissioner Hebb made a motion to approve items 2.1, seconded by Commissioner
Armour. The motion carried (7-0).
3.0 DISCUSSION ITEMS
3.1 PP21-0003 The Shacks Multi-Family - Engineering Design Manual Variance
Discuss and consider making a recommendation to the City Council regarding an
engineering variance to Section 2.07 Median Openings - Engineering Design Manual,
to allow a median opening at 430 feet, where 600 feet is the minimum, in accordance
with the Code of Ordinances Section 6-124 - Variance. The subject site contains
approximately 18 acres and is locat ed east of the northeast intersection of Plano
Parkway and Windhaven Drive within the Planned Development 22 (PD -22) Zoning
District.
3.2 PP21-0004 The Shacks Multi-Family - Engineering Design Manual Variance
Discuss and consider making a recommendation to the City Council regarding an
engineering variance to Section 3.01 Table II-7 B - Engineering Design Manual, to
allow a curb cut dimension of 94.5 feet where 230 feet is the minimum, in accordance
with the Code of Ordinances Section 6-124 - Variance. The subject site contains
approximately 18 acres and is located east of the northeast intersection of Plano
Parkway and Windhaven Drive within the Planned Development 22 (PD -22) Zoning
District.
40
City of The Colony
February 8, 2022
Planning and Zoning Commission Meeting Minutes
Page 2 of 3
2
Chair Hames read Discussion Agenda Items 3.1 and 3.2 into the record.
Mr. Williams advised that both items should be considered together for context, but the vote will
be one individual items. Mr. Williams presented the report.
Commissioner Armour asked as the proposed 430’ median is close to a high traffic area, does
staff anticipate any concern of traffic in the future. The commissioner also asked if the 430’
median cut would adversely affect the operation of adjacent and undeveloped property.
Mr. Williams responded that traffic was reviewed both by the applican t and the engineering
department. The majority of the interest in the request was in addressing the operation of the
proposed site and offering a right turn out. There isn’t enough information known about the
development of the west to dispute that the change creates and adverse condition.
Commissioner Hebb inquired if the developer investigated sharing the driveway with the
substation. The commissioner also asked if the existing opening to the north would be closed and
if a right turn lane was required.
Mr. Williams responded there is a significant grade change at the substation, making the
requested location more appropriate. In addition, the proposed access also assists site circulation.
A proposed turn lane would be very short. The opening would be closed to the north.
Tom Holland, representing Billingsley 1722 Routh Street, offered that a traffic study indicated
the turn lane was not required.
Commissioner Rainey wanted to confirm that the existing turn into the Shacks (Retail) from
Windhaven was about the same as the proposed length. The commissioner further asked if any
issues with the current turn into The Shacks (retail).
Staff indicated there was no measurement available, yet the existing appears shorter. Mr.
Williams expressed and Mr. Kahn confirmed t here were no issues with the current access.
Commissioner Flo asked Mr. Holland if the traffic study requiring no turn lane looked at
projections or present conditions. Mr Holland indicated he couldn’t immediately cite, but
typically traffic studies consider the future surrounding developments.
Mr. Hebb asked how many units were proposed.
Mr. Holland responded, 419 units.
The discussion changed to item 3.2.
Commissioner Dull asked the distance from the current Oncor substation to where the proposed
is. And if the Oncor access was closed.
Mr. Williams responded 94.5 feet. The Oncor access is gated and doesn’t appear like an
appropriate entrance to the apartments.
41
City of The Colony
February 8, 2022
Planning and Zoning Commission Meeting Minutes
Page 3 of 3
3
Commissioner Martin made a motion to approve item 3.1, seconded by Commissioner
Hebb. The motion carried (7-0).
Commissioner Armour asked, that to allow a curb dimension of 94.5 feet, will there be any
adverse effect on drainage.
Mr. Kahn indicated no, Plano Parkway was designed for conditions, and there would be no effect
on drainage.
Commissioner Hebb made a motion to approve item 3.2, seconded by Commissioner
Martin. The motion carried (7-0).
There being no further business to come before the Commission, Madam Chair Hames adjourned
the Regular Session of the Planning and Zoning Commission at 6:54 p.m.
Karen Hames, Chairman
Isaac Williams, Development Services Manager
42
Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Isaac Williams
Submitting Department: Development Services
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider approving an engineering variance to Section 3.01 Table II-7 B - Engineering Design
Manual, to allow a curb cut dimension of 94.5 feet where 230 feet is the minimum, in accordance with the Code
of Ordinances Section 6-124 - Variance. The subject site contains approximately 18 acres and is located east
of the northeast intersection of Plano Parkway and Windhaven Drive within the Planned Development 22
(PD-22) Zoning District. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendation.
Attachments:
PP21-0004 CC Staff Report The Shacks - Engineering Variance 3.01.pdf
PP21-0004.pdf
AR-Shacks MF-Curb Cut Variance Narrative-1.17.22.pdf
AR-Shacks MF-Median Cut Variance Enlarged Exhbit Section 3.01.pdf
AR-Shacks MF-Overall Site Exhibit.pdf
P&Z_Minutes2-8-22 Draft Pending Certification.pdf
43
1
CITY COUNCIL REPORT
AGENDA DATE: February 15, 2022
DEPARTMENT: Development Services Department
PP21-0004 The Shacks Multi-Family - Engineering Design Manual Variance
Discuss and consider making a request regarding an engineering variance to Section 3.01 Table
II-7 B - Engineering Design Manual, to allow a curb cut dimension of 94.5 feet where 230 feet is
the minimum, in accordance with the Code of Ordinances Section 6 -124 - Variance. The subject
site contains approximately 18 acres and is located east of the northeast intersection of Plano
Parkway and Windhaven Drive within the Planned Development 22 (PD-22) Zoning District.
OWNER/ APPLICANT
Owner/Developer: University Business Park PHII, LTD
Applicant: Mike Clark
ML Clark Consulting, LLC Dallas, Texas
EXISTING CONDITION OF PROPERTY
The property is currently undeveloped.
PROPOSED REQUEST
The applicant requests an engineering variance to Section 3.01 Driveway Requirements– of the
Engineering Design Manual, to allow a new curb opening on to Plano Parkway 94.5 feet from the
existing curb opening to the north where 230 feet are required for principal arterial street class
types. This variance is to facilitate the access of a proposed 423 -unit multifamily development.
ADJACENT ZONING AND LAND USE
North - Planned Development 22 (PD-22) Austin Ranch- undeveloped
South - Planned Development 22 (PD-22) Austin Ranch- Mixed retail commercial
East - Planned Development 22 (PD-22) Austin Ranch- undeveloped
West - Planned Development 10 (PD-10) undeveloped
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On February 8, 2022, The Planning and Zoning Commission voted (7-0) to recommend approval
of the variance.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee recommends approval of this variance.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Applicant Narrative
4. Variance Exhibit
44
2
Staff Analysis
Considerations.
The applicant submitted a site plan for the development of a tw o building 423- unit multifamily
complex with interior structured parking; the primary access points to the development are from
Plano Parkway and Windhaven Parkway. To accommodate the proposed site circulation and fire
access, the site plan reflects the intent to relocate the adjacent median opening on Plano Parkway
further to the south which offers better alignment into the site [requested as a variance]. The
proposed median opening necessitates a corresponding driveway (curb opening); the proposed
driveway as reflected on the site plan is approximately 94.5 feet (drive centerline to drive
centerline) from an existing curb opening to the north which services the adjacent Oncor
Substation.
The proposed driveway in combination with the site -to-site connectivity requirements and
proposed median opening, offer patrons of the adjacent 7-eleven and residents of the development
access to southbound Plano Parkway without the need for a U -turn maneuver at the existing
median opening.
45
3
Section 6-124 of the Code of Ordinances, states The Planning and Zoning Commission may
consider and make recommendation to City Council for a variance from the Engineering Design
Manual. The Planning and zoning commission shall consider evidence of the following:
1. The variance is not detrimental to the public safety, health, or welfare or injurious to
other property .
This configuration is intended to provide greater access and circulation throughout the
development. The curb opening onto Plano Parkway facilitates the primary access from
the north and south and offers one of two points of ingress and egress needed for
emergency access. Without the driveway as proposed the site design could not provide the
required 150’ reach from a fire lane.
Staff has reviewed the overall request, this accommodation allows for the adherence to
Engineering and Fire Department requirements.
2. The conditions upon which the request for a variance is based are unique to the
property for which the variance is sought and are not applica ble generally to other
property.
Staff finds the variance request is based on unique attributes of the property. The proposed
site layout is influenced by the adjacent floodplain to the east; the flood plain prohibits
development within it and reduces the overall buildable land area and compresses the
location of buildings, parking and access. The floodplain footprint compels development
46
4
further into the site and closer to the hard corner which is developed with the 7-eleven
convenience store.
Development requires a design that will accommodate internal circulation around and with
the 7-eleven as well as the floodplain. The proposed design reflects a design considerate of
topography and existing street intersections, existing driveways, and the fire code
requirements.
3. Because of the particular physical surroundings, shape or topographical conditions
of the specific property involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience if the stric t compliance with the subdivision
ordinance is required.
The combination of floodplain and existing development creates a development envelope
with curvilinear boundaries and requires unique consideration for access. The existing
curb opening primarily serves the adjacent Oncor Substation access drive. Development of
the complex without the proposed engineering variance would require construction of an
access aisle that compels shared access usage of the Oncor Substation access drive and
would require construction of a drive aisle into the site through unfavorable topography.
The site plan reflects the Oncor Substation access drive has a substantial grade change
(approximately 11’) at the most likely connection point; usage of that access point creates
a significant design challenge.
Strict compliance would prohibit the curb opening and require residents of the
development to potentially navigate a steep grade for ingress/egress. Then, further perform
a U-turn maneuver at the existing median opening to travel southbound. The proposed
median opening offers a less strenuous ingress/egress from 7 -eleven and the proposed
development, no U-turn maneuver would be required to travel southbound only crossing
through the proposed median opening.
The proposed driveway is further supported by the restricted access of the substation
access drive. Although the two drives will be in closer proximity to each other than
traditionally permitted, the restricted access of the access drive will induce circulatio n
through the proposed driveway and the substation access drive will maintain its service
function.
4. The special or peculiar conditions upon which the request is based did not result
from or were not created by the act or omission of the owner or any prior owner,
subsequent to the date of creation of the requirement from which the variance is
sought.
Staff found no act or omission in the history of development that generates the
engineering variance request.
Development Review Committee Review
The Development Review Committee recommends approval of this variance.
47
WINDHAVEN PKWY
WALNUTCREEKLNPLANOPKWYB A R TON
CR E E K BLVD
P D 2 2
P D 1 0
This map w as generat ed by G IS data provided by The Colony G IS Departm ent. T he City of The Colony does not guarantee the correct ness oraccuracy of any feat ures on this map. T hes e digital produc ts are f or llust ration purposes only and ar e not suitable for site-s pec ific dec is ion mak ing. ±Project No . BOA21-0006 - Project Nam e: The Shacks Mult i F amily
Th e S ha cks Mu lt i F a mi ly
Pla nn e d Deve lo pme nt 1 0
Pla nn e d Deve lo pme nt 2 2
Subje ctArea
48
49
DESIGNDRAWNDATENOTESFILESHEET02/18/22HDSMLCADAMSP.O.BOX 170ADDISON, TEXAS 75001(214) 675-1960TBPE F-20431ML CLARKCONSULTING, LLCREVISIONSREV NO.DATEDESCRIPTIONBY003-005THE COLONY, DENTON COUNTY, TEXASNORTHEAST CORNER PLANO PARKWAY AND WINDHAVEN PARKWAY ADDNLOT 2, BLOCK ATHE SHACKS MULTIFAMILYD. ANDREWS SURVEY A-18 & B. SHOONOVER SURVEY A-1208NZZVARIANC4.1ENGINEER:ML CLARK CONSULTING, LLCPO BOX 170ADDISON, TEXAS 75001PHONE: (214) 675-1960CONTACT: MICHAEL L. CLARK, PEEMAIL: MCLARK@MLCLARKCONSULTING.COMDEVELOPER:BDDC, INC.1722 ROUTH STREET, SUITE 770DALLAS, TEXAS 75201PHONE: (214) 270-0999CONTACT: LUCILLO PENAEMAIL: LPENA@BILLINGSLEY.COMTSCITY PROJECT No. PP21-000401/19/22THE SHACKS MULTIFAMILYPROPOSED LOT 2, BLOCK AVARIANCE REQUESTED:ENGINEERING VARIANCE REQUEST TO ENGINEERING DESIGN MANUAL SECTION 3.01(DRIVEWAY REQUIREMENTS) TO REDUCE THE MINIMUM SPACING DISTANCE BETWEENDRIVEWAYS ON PLANO PARKWAY (PRINCIPAL ARTERIAL) FROM 230 FEET TO 94.5 FEETBETWEEN THE EXISTING DRIVEWAY FOR THE ONCOR AND COSERV SUBSTATIONS TO THEPROPOSED DRIVEWAY TO THE SOUTH FOR THE PROPOSED MULTIFAMILY DEVELOPMENT.50
ΔΔDESIGNDRAWNDATENOTESFILESHEET02/18/22HDSMLCADAMSP.O.BOX 170ADDISON, TEXAS 75001(214) 675-1960TBPE F-20431ML CLARKCONSULTING, LLCREVISIONSREV NO.DATEDESCRIPTIONBY003-005THE COLONY, DENTON COUNTY, TEXASNORTHEAST CORNER PLANO PARKWAY AND WINDHAVEN PARKWAY ADDNLOT 2, BLOCK ATHE SHACKS MULTIFAMILYD. ANDREWS SURVEY A-18 & B. SHOONOVER SURVEY A-1208NZZSPEXBTC4.1ENGINEER:ML CLARK CONSULTING, LLCPO BOX 170ADDISON, TEXAS 75001PHONE: (214) 675-1960CONTACT: MICHAEL L. CLARK, PEEMAIL: MCLARK@MLCLARKCONSULTING.COMDEVELOPER:BDDC, INC.1722 ROUTH STREET, SUITE 770DALLAS, TEXAS 75201PHONE: (214) 270-0999CONTACT: LUCILLO PENAEMAIL: LPENA@BILLINGSLEY.COMTSCITY PROJECT NoS. PP21-0003, PP21-0004 & BOA21-0008PROPOSED LOT 2, BLOCK A1/19/2251
1
MINUTES
CITY OF THE COLONY
PLANNING AND ZONING COMMISSION
TUESDAY, FEBRUARY 8, 2022
After determining that a quorum was present, the Planning and Zoning Commission of the City
of The Colony, Texas convened into Regular Session which was held on Tuesday, February 8,
2022 at 6:30 p.m. in the City Council Chambers located at City Hall, 6800 Main Street, The
Colony, Texas, at which time the following items were addressed:
Board Members Present: Karen Hames, Chairman; Brenda Armour; Randy Dull; Shannon
Hebb; Dan Rainey; Kenneth Flo; and Arthel B. Martin.
Board Members Absent: None
Staff Present: Isaac Williams, Development Services Manager; Brian McNuelty, Engineering
Technician; Naim Khan, P.E., Senior Engineer; Jeromy Lucas, City Fire Marshal; Ed Voss, City
Attorney.
1.0 CALL REGULAR SESSION TO ORDER
Chair Hames called the regular session of the Planning and Zoning Commission meeting to order
at 6:30 p.m.
1.1 CITIZEN INPUT
Chair Hames opened the floor for citizen input at 6:3 0 p.m. No citizen came forward for input.
Citizen input was closed at 6:30 pm.
2.0 CONSENT AGENDA
2.1 Consider approval of the minutes of January 25, 2022 Regular Session.
Chair Hames read Consent Agenda Items 2.1 into the record.
Commissioner Hebb made a motion to approve items 2.1, seconded by Commissioner
Armour. The motion carried (7-0).
3.0 DISCUSSION ITEMS
3.1 PP21-0003 The Shacks Multi-Family - Engineering Design Manual Variance
Discuss and consider making a recommendation to the City Council regarding an
engineering variance to Section 2.07 Median Openings - Engineering Design Manual,
to allow a median opening at 430 feet, where 600 feet is the minimum, in accordance
with the Code of Ordinances Section 6-124 - Variance. The subject site contains
approximately 18 acres and is locat ed east of the northeast intersection of Plano
Parkway and Windhaven Drive within the Planned Development 22 (PD -22) Zoning
District.
3.2 PP21-0004 The Shacks Multi-Family - Engineering Design Manual Variance
Discuss and consider making a recommendation to the City Council regarding an
engineering variance to Section 3.01 Table II-7 B - Engineering Design Manual, to
allow a curb cut dimension of 94.5 feet where 230 feet is the minimum, in accordance
with the Code of Ordinances Section 6-124 - Variance. The subject site contains
approximately 18 acres and is located east of the northeast intersection of Plano
Parkway and Windhaven Drive within the Planned Development 22 (PD -22) Zoning
District.
52
City of The Colony
February 8, 2022
Planning and Zoning Commission Meeting Minutes
Page 2 of 3
2
Chair Hames read Discussion Agenda Items 3.1 and 3.2 into the record.
Mr. Williams advised that both items should be considered together for context, but the vote will
be one individual items. Mr. Williams presented the report.
Commissioner Armour asked as the proposed 430’ median is close to a high traffic area, does
staff anticipate any concern of traffic in the future. The commissioner also asked if the 430’
median cut would adversely affect the operation of adjacent and undeveloped property.
Mr. Williams responded that traffic was reviewed both by the applican t and the engineering
department. The majority of the interest in the request was in addressing the operation of the
proposed site and offering a right turn out. There isn’t enough information known about the
development of the west to dispute that the change creates and adverse condition.
Commissioner Hebb inquired if the developer investigated sharing the driveway with the
substation. The commissioner also asked if the existing opening to the north would be closed and
if a right turn lane was required.
Mr. Williams responded there is a significant grade change at the substation, making the
requested location more appropriate. In addition, the proposed access also assists site circulation.
A proposed turn lane would be very short. The opening would be closed to the north.
Tom Holland, representing Billingsley 1722 Routh Street, offered that a traffic study indicated
the turn lane was not required.
Commissioner Rainey wanted to confirm that the existing turn into the Shacks (Retail) from
Windhaven was about the same as the proposed length. The commissioner further asked if any
issues with the current turn into The Shacks (retail).
Staff indicated there was no measurement available, yet the existing appears shorter. Mr.
Williams expressed and Mr. Kahn confirmed t here were no issues with the current access.
Commissioner Flo asked Mr. Holland if the traffic study requiring no turn lane looked at
projections or present conditions. Mr Holland indicated he couldn’t immediately cite, but
typically traffic studies consider the future surrounding developments.
Mr. Hebb asked how many units were proposed.
Mr. Holland responded, 419 units.
The discussion changed to item 3.2.
Commissioner Dull asked the distance from the current Oncor substation to where the proposed
is. And if the Oncor access was closed.
Mr. Williams responded 94.5 feet. The Oncor access is gated and doesn’t appear like an
appropriate entrance to the apartments.
53
City of The Colony
February 8, 2022
Planning and Zoning Commission Meeting Minutes
Page 3 of 3
3
Commissioner Martin made a motion to approve item 3.1, seconded by Commissioner
Hebb. The motion carried (7-0).
Commissioner Armour asked, that to allow a curb dimension of 94.5 feet, will there be any
adverse effect on drainage.
Mr. Kahn indicated no, Plano Parkway was designed for conditions, and there would be no effect
on drainage.
Commissioner Hebb made a motion to approve item 3.2, seconded by Commissioner
Martin. The motion carried (7-0).
There being no further business to come before the Commission, Madam Chair Hames adjourned
the Regular Session of the Planning and Zoning Commission at 6:54 p.m.
Karen Hames, Chairman
Isaac Williams, Development Services Manager
54
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Tina Stewart
Submitting Department: General Admin
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider approving a resolution authorizing the City Manager to execute a Private Transfer
Agreement (Grant by Special Warranty Deed) by and between The Colony Local Development Corporation and
LMG Ventures, LLC, conveying an approximately 6.934 acres of land consisting of Lot 1, Block E of the
Grandscape Addition Phase II, an addition to the City of The Colony, Denton County, Texas (Maurina)
Suggested Action:
Attachments:
Res. 2022-xxx Grant by Special Warranty Deed - LMG Ventures LLC - Lot 1 Block E - 6.934 acres.docx
55
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING AND APPROVING THE
EXECUTION OF A PRIVATE TRANSFER AGREEMENT (GRANT BY
SPECIAL WARRANTY DEED) BY AND BETWEEN THE COLONY
LOCAL DEVELOPMENT CORPORATION AND LMG VENTURES, LLC,
A TEXAS LIMITED LIABILITY COMPANY, CONCERNING THE
CONVEYANCE OF LOT 1, BLOCK E OF THE GRANDSCAPE ADDITION
PHASE II, AN ADDITION TO THE CITY OF THE COLONY, DENTON
COUNTY, TEXAS, CONCERNING AN APPROXIMATELY 6.934 ACRES
OF LAND; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, The Colony Local Development Corporation (hereinafter referred to as the
“LDC”) 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 to
aid, assist and act on behalf of the City of The Colony, Texas (hereinafter referred to as the “City”)
in the performance of the City’s governmental functions; and
WHEREAS,LDC is the sole owner of the approximately 6.934 acres of land subject to
the Private Transfer Agreement (Grant by Special Warranty Deed), a copy of which is attached
hereto as Exhibit A, pursuant to Instrument Numbers 2014-30675, 2014-30676, and 2014-30677
filed and recorded in the Real Property Records of Denton County, Texas; and
WHEREAS,on or about , 2022, the Board of Directors of the
LDC approved the Private Transfer Agreement (Grant by Special Warranty Deed) a copy of which
is attached hereto as Exhibit A, conveying approximately 6.934 acres of land consisting of Lot 1,
Block E of the Grandscape AdditionPhase II, an addition to the City of The Colony, Denton County,
Texas, to LMG Ventures, LLC; and
WHEREAS,the form of the Private Transfer Agreement (Grant by Special Warranty
Deed) was approved as part of the bond validation suit styled Ex parte The Colony, in the 53rd
Judicial District Court, Travis County, Texas, Cause No. 0-1-GV-11-001995, decided January 18,
2012, Trial Exhibit No. 38; and
WHEREAS, the City Council for the City of The Colony, Texas, finds and determines it
is in the best interest of the City of The Colony, Texas, to approve the Private Transfer Agreement
(Grant by Special Warranty Deed) by and between the LDC and LMG Ventures, LLC, a copy of
which is attached hereto as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
56
Page 2
SECTION 1. The findings set forth above are hereby found to be true and correct findings
of the City and 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, does hereby approve
and authorize the President of the LDC to execute the Private Transfer Agreement (Grant by
Special Warranty Deed) by and between the LDC and LMG Ventures, LLC, a copy of which is
attached hereto as Exhibit A, and is incorporated herein for all purposes.
SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto to any persons or circumstances, is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Resolution; and the City Council hereby declaresit would have passed such remaining
portions of this Resolution despite such invalidity, which remaining portions shall remain in full force
and effect.
SECTION 4. This Resolution shall become effective immediately upon passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 15
TH DAY OF FEBRUARY 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC,, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
57
Exhibit A
Private Transfer Agreement
(Grant by Special Warranty Deed)
[Lot 1, Block E of the Grandscape Addition Phase II, an addition to
the City of The Colony, Denton County, Texas]
[6.934 Acres of Land]
58
Agenda Item No:5.5
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Discussion
Agenda Section:
Subject:
Discuss and receive direction regarding the installation of a dedicated dual left turn lane at the intersection of
eastbound and westbound SH 121 Frontage Road and Paige Road. (Hartline)
Suggested Action:
Attachments:
Option 1.-Paige Road at SH 121 - Eastbound Left Turn Lane Exhibit
Option 1.-Paige Road at SH 121 - Westbound Left Turn Lane Exhibit
59
N
201050 30
HORIZONTAL SCALE: 1" = 10'
SH-121 FRONTAGE ROAD (EB)
SH-121/SRT (EB)
P
AI
G
E
R
O
A
D
PLA
N
O P
AR
K
WA
Y
OPTION 1
EASTBOUND FRONTAGE ROAD
ONLY ONLY
MODIFIED
R3-8ULS
R5-1
ONLYONLYONLY ONLYONLY
R3-8LLSSR
SIGN
SIGN
SIGN
SIGN
GB
PED
TSIG
TSIG
SHEETSCALE
AVO:
FILE:
CITY BID No.
I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT1-EB.dgn 12/22/2021 10:24:11 AM ah2789
FAX (817) 232-9784
TEL (817) 847-1422
FORT WORTH, TEXAS 76137-2797
4000 FOSSIL CREEK BLVD
46156-EXH-ALT1-EB.dgnCHECKED
DESIGNED
DRAWN
46156
KJG
AS NOTED FIRM REGISTRATION NO. 312
12/22/202110:24:11 AMah2789I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT1-EB.dgnPDF_2D_CLR_FW_CR_300.pltDesignKJG
NO. REVISION BY DATEHALFF -
LAH LEFT TURN LANE EXHIBIT
PAIGE RD. AT SH 121
PAIGE RD. AT SH 121 - LEFT TURN LANE EXHIBITRELOCATE SIGN
REMOVE AND
PEDESTRIAN SIGNAL
REMOVE AND RELOCATE
11.5'
MARKING
24" STOP BAR
INSTALL 12 LF
CROSSWALK MARKINGS
INSTALL 12 LF PEDESTRIAN
TYPE 20 CURB RAMP
INSTALL TxDOT
REPLACE SIGN
REMOVE AND
MARKING
"PUPPY TRACKS"
DASHED WHITE
INSTALL 120 LF 4"
30' R
6" INTEGRAL CURB
INSTALL 34 LF1.5' R
5' R
2' R
MARKING
24" STOP BAR
INSTALL 40 LF
MARKING
"PUPPY TRACKS"
DASHED WHITE
INSTALL 11 LF 4"
RELOCATE SIGN
REMOVE AND
MEDIAN NOSE
INSTALL CONCRETE
PAVEMENT (THIS SHEET)
REPLACE 605 SF CONCRETE
BRICK PAVERS
REMOVE 680 SF MEDIAN
MARKINGS
U-TURN/LEFT TURN
INSTALL COMBINATION
REVERSE SIDE
LANE
NEW TRAVEL
YELLOW MARKING
INSTALL 42 LF 4" SOLID
WHITE MARKING
INSTALL 17 LF 4" SOLID
NEW GROUND BOX
REMOVE AND INSTALL
YELLOW MARKING
INSTALL 10 LF 4" SOLID
MAST ARM SIGN
REMOVE AND REPLACE
60
N
201050 30
HORIZONTAL SCALE: 1" = 10'
SH-121 FRONTAGE ROAD (W B)
SH-121/SRT (W B)
P
AI
GE
R
OADOPTION 1
WESTBOUND FRONTAGE ROADPAIGE ROADONLY ONLY
MODIFIED
R3-8ULS
R5-1
ONLY ONLY
MODIFIED
R3-8ULS
ONLYONLYONLY ONLYONLY
R3-8LLSSR
SIGN
SIGN
SIGN
GB
GB
PED
TSIG
SHEETSCALE
AVO:
FILE:
CITY BID No.
I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT1-WB.dgn 12/22/2021 10:25:40 AM ah2789
FAX (817) 232-9784
TEL (817) 847-1422
FORT WORTH, TEXAS 76137-2797
4000 FOSSIL CREEK BLVD
46156-EXH-ALT1-WB.dgnCHECKED
DESIGNED
DRAWN
46156
KJG
AS NOTED FIRM REGISTRATION NO. 312
12/22/202110:25:40 AMah2789I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT1-WB.dgnPDF_2D_CLR_FW_CR_300.pltDesignKJG
NO. REVISION BY DATEHALFF -
LAH LEFT TURN LANE EXHIBIT
PAIGE RD. AT SH 121
PAIGE RD. AT SH 121 - LEFT TURN LANE EXHIBIT11.5'
2' R
2' R
MARKING
"PUPPY TRACKS"
DASHED WHITE
INSTALL 118 LF 4"
30' R
2' R
MEDIAN NOSE
INSTALL CONCRETE
MARKING
24" STOP BAR
INSTALL 52 LF
6" INTEGRAL CURB
INSTALL 11 LF
MARKING
24" STOP BAR
INSTALL 12 LF
CROSSWALK MARKINGS
INSTALL 12 LF PEDESTRIAN
PEDESTRIAN SIGNAL
REMOVE AND RELOCATE
TYPE 20 CURB RAMP
INSTALL TxDOT
REPLACE SIGN
REMOVE AND
(THIS SHEET)
CONCRETE PAVEMENT
REPLACE 371 SF
BRICK PAVERS
REMOVE 446 SF MEDIAN
MARKINGS
U-TURN/LEFT TURN
INSTALL COMBINATION
SIGN
INSTALL TRAFFIC
REVERSE SIDE
LANE
NEW TRAVEL
MAST ARM SIGN
REMOVE AND REPLACE
YELLOW MARKING
INSTALL 10 LF 4" SOLID
YELLOW MARKING
INSTALL 26 LF 4" SOLID
WHITE MARKING
INSTALL 9 LF 4" SOLID
NEW GROUND BOX
REMOVE AND INSTALL
61
Agenda Item No:5.6
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Discuss and consider an ordinance approving a budget amendment adding a new project to the approved
Fiscal Year 2021-2022 GF Capital Projects Fund in the amount of $212,000.00 for engineering design and
construction services for adding dual left turn lanes at the SH 121 Frontage Road and Paige Road. (Hartline)
Suggested Action:
Background:
City Staff has evaluated the feasibility of adding dual left turn lanes at the intersection of eastbound and
westbound SH 121 Frontage Roads and Paige Road and discussed this project with City Council during the
Work Session held on February 1, 2022.
Due to only one dedicated left turn lane on the eastbound and westbound SH 121 Frontage Roads at Paige
Road, vehicular traffic backs up significantly during peak traffic times during the day. This project includes
removing a portion of the existing concrete island to create a second left turn lane The project will also include
moving a barrier free ramp, pedestrian signal pole, signal ground box and restriping the existing traffic lanes on
the frontage roads. The addition of dual left turn lanes will help ease traffic backup, help prevent accidents and
will allow vehicular traffic to turn left onto Paige Road using two dedicated lanes. The addition of the turn lanes
will require a TxDOT Access Permit (Form 1058) which historically necessitates the inclusion of the standard
TxDOT driveway section (10-inch CRCP over a 4-inch asphalt base course and lime treated subgrade) and will
also require NTTA review and approval.
Staff is requesting that $212,000.00 be allocated for this new project in the Fiscal Year 2021-2022 Budget for
GF Capital Projects Fund. Allocating these funds for this project will allow Staff to proceed with the design and
construction services for this project during this fiscal budget year.
Recommendations:
Staff recommends approval of a budget amendment and the addition of a new project for the installation of
Dual Left Turn Lanes on the eastbound and westbound SH 121 Frontage Road at Paige Road to the approved
fiscal
year 2021-2022 GF Capital Projects Fund and increase the approved budget by $212,000.00.
Attachments:
Option 1.- SH 121 at Paige Road - Eastbound Left Turn Lane Exhibit
Option 1- SH 121 at Paige Road - Westbound Left Turn Lane Exhibit
Financial Summary.
62
Ord. 2022-xxxx 2021-22 Budget Amendment - GF Capital Projects Dual Left Turn Lanes.docx
63
N
201050 30
HORIZONTAL SCALE: 1" = 10'
SH-121 FRONTAGE ROAD (EB)
SH-121/SRT (EB)
P
AI
G
E
R
O
A
D
PLA
N
O P
AR
K
WA
Y
OPTION 1
EASTBOUND FRONTAGE ROAD
ONLY ONLY
MODIFIED
R3-8ULS
R5-1
ONLYONLYONLY ONLYONLY
R3-8LLSSR
SIGN
SIGN
SIGN
SIGN
GB
PED
TSIG
TSIG
SHEETSCALE
AVO:
FILE:
CITY BID No.
I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT1-EB.dgn 12/22/2021 10:24:11 AM ah2789
FAX (817) 232-9784
TEL (817) 847-1422
FORT WORTH, TEXAS 76137-2797
4000 FOSSIL CREEK BLVD
46156-EXH-ALT1-EB.dgnCHECKED
DESIGNED
DRAWN
46156
KJG
AS NOTED FIRM REGISTRATION NO. 312
12/22/202110:24:11 AMah2789I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT1-EB.dgnPDF_2D_CLR_FW_CR_300.pltDesignKJG
NO. REVISION BY DATEHALFF -
LAH LEFT TURN LANE EXHIBIT
PAIGE RD. AT SH 121
PAIGE RD. AT SH 121 - LEFT TURN LANE EXHIBITRELOCATE SIGN
REMOVE AND
PEDESTRIAN SIGNAL
REMOVE AND RELOCATE
11.5'
MARKING
24" STOP BAR
INSTALL 12 LF
CROSSWALK MARKINGS
INSTALL 12 LF PEDESTRIAN
TYPE 20 CURB RAMP
INSTALL TxDOT
REPLACE SIGN
REMOVE AND
MARKING
"PUPPY TRACKS"
DASHED WHITE
INSTALL 120 LF 4"
30' R
6" INTEGRAL CURB
INSTALL 34 LF1.5' R
5' R
2' R
MARKING
24" STOP BAR
INSTALL 40 LF
MARKING
"PUPPY TRACKS"
DASHED WHITE
INSTALL 11 LF 4"
RELOCATE SIGN
REMOVE AND
MEDIAN NOSE
INSTALL CONCRETE
PAVEMENT (THIS SHEET)
REPLACE 605 SF CONCRETE
BRICK PAVERS
REMOVE 680 SF MEDIAN
MARKINGS
U-TURN/LEFT TURN
INSTALL COMBINATION
REVERSE SIDE
LANE
NEW TRAVEL
YELLOW MARKING
INSTALL 42 LF 4" SOLID
WHITE MARKING
INSTALL 17 LF 4" SOLID
NEW GROUND BOX
REMOVE AND INSTALL
YELLOW MARKING
INSTALL 10 LF 4" SOLID
MAST ARM SIGN
REMOVE AND REPLACE
64
N
201050 30
HORIZONTAL SCALE: 1" = 10'
SH-121 FRONTAGE ROAD (W B)
SH-121/SRT (W B)
P
AI
GE
R
OADOPTION 1
WESTBOUND FRONTAGE ROADPAIGE ROADONLY ONLY
MODIFIED
R3-8ULS
R5-1
ONLY ONLY
MODIFIED
R3-8ULS
ONLYONLYONLY ONLYONLY
R3-8LLSSR
SIGN
SIGN
SIGN
GB
GB
PED
TSIG
SHEETSCALE
AVO:
FILE:
CITY BID No.
I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT1-WB.dgn 12/22/2021 10:25:40 AM ah2789
FAX (817) 232-9784
TEL (817) 847-1422
FORT WORTH, TEXAS 76137-2797
4000 FOSSIL CREEK BLVD
46156-EXH-ALT1-WB.dgnCHECKED
DESIGNED
DRAWN
46156
KJG
AS NOTED FIRM REGISTRATION NO. 312
12/22/202110:25:40 AMah2789I:\46000s\46156\001\CADD\SheetsFTW\46156-EXH-ALT1-WB.dgnPDF_2D_CLR_FW_CR_300.pltDesignKJG
NO. REVISION BY DATEHALFF -
LAH LEFT TURN LANE EXHIBIT
PAIGE RD. AT SH 121
PAIGE RD. AT SH 121 - LEFT TURN LANE EXHIBIT11.5'
2' R
2' R
MARKING
"PUPPY TRACKS"
DASHED WHITE
INSTALL 118 LF 4"
30' R
2' R
MEDIAN NOSE
INSTALL CONCRETE
MARKING
24" STOP BAR
INSTALL 52 LF
6" INTEGRAL CURB
INSTALL 11 LF
MARKING
24" STOP BAR
INSTALL 12 LF
CROSSWALK MARKINGS
INSTALL 12 LF PEDESTRIAN
PEDESTRIAN SIGNAL
REMOVE AND RELOCATE
TYPE 20 CURB RAMP
INSTALL TxDOT
REPLACE SIGN
REMOVE AND
(THIS SHEET)
CONCRETE PAVEMENT
REPLACE 371 SF
BRICK PAVERS
REMOVE 446 SF MEDIAN
MARKINGS
U-TURN/LEFT TURN
INSTALL COMBINATION
SIGN
INSTALL TRAFFIC
REVERSE SIDE
LANE
NEW TRAVEL
MAST ARM SIGN
REMOVE AND REPLACE
YELLOW MARKING
INSTALL 10 LF 4" SOLID
YELLOW MARKING
INSTALL 26 LF 4" SOLID
WHITE MARKING
INSTALL 9 LF 4" SOLID
NEW GROUND BOX
REMOVE AND INSTALL
65
FINANCIAL SUMMARY:
Are budgeted funds available: Yes No Budget Amendment Requested: $212,000.00
Source of Funds: 2021-2022 GF Capital Projects Fund - 895 Excess Funds
Total estimated project cost:
$ 32,000.00 Engineering Already authorized Yes No
$ 10,000.00 Traffic Study Already authorized Yes No
$170,000.00 Construction Already authorized Yes No
$212,000.00 Total estimated costs
Cost of recommended budget amendment increase: $212,000.00
66
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2021 - ________
AMENDING THE FISCAL YEAR 2021-2022 BUDGET
AN ORDINANCE AMENDING ORDINANCE 2021-2447, ADOPTING THE
FISCAL YEAR 2021-2022 BUDGET 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 2021-2022 BUDGET
FOR GF CAPITAL PROJECTS 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 is conducting business pursuant to a budget for
fiscal year 2021-2022, heretofore previously adopted by Ordinance No. 2021-2447 on the 7th day
of September, 2021; 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 2021-22
GF Capital Projects budget by $212,000.00 for the Duel Left Turn Lanes on Eastbound and
Westbound SH 121 Frontage Road at Paige Road.
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 GF Capital Projects budget for the fiscal year ending September 30, 2022 heretofore
previously adopted by Ordinance 2021-2447 duly enacted by the City Council of the City of The
Colony on the 7th day of September, 2021, be and is hereby amended as set forth herein, which
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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 2021-22 GF Capital Projects budget is to be increased by an amount not to exceed
$212,000.00.
SECTION 4.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of Ordinancesof 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 15TH DAY OF FEBRUARY 2022.
__________________________________
Richard Boyer, 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
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Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
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 551.074 of the Texas Government
Code to deliberate the appointment, evaluation, reassignment, discipline, or dismissal of a board member -
Library Board and Keep The Colony Beautiful Board.
Suggested Action:
Attachments:
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Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: February 15, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Any action as a result of executive session regarding the appointment, evaluation, reassignment, discipline, or
dismissal of a board member.
Suggested Action:
Attachments:
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