HomeMy WebLinkAbout2022 0503Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Announcement
Agenda Section:
Subject:
Proclamation recognizing the month of May as "Mental Health Awareness Month" and May 7, 2022 as Children's
Mental Health Awareness Day. (Mayor)
Suggested Action:
Attachments:
Proclamation 2022 Mental Health.docx
4
MAYORAL PROCLAMATION
WHEREAS addressing the complex mental health needs of children, youth, and families today is
fundamental to the future of the City of The Colony; and
WHEREAS the citizens of the City of The Colony value their overall health and that of their
families and fellow citizens and are proud to support observances such as Mental Health Month and
Children’s Mental Health Awareness Day; and
WHEREAS one in five adults has a diagnosable mental health condition; and
WHEREAS only half of Denton County parents are not familiar with mental health services in their
community; and
WHEREAS the need for comprehensive, coordinated mental health services for individuals and
families places upon our community is a critical responsibility; and
WHEREAS there is a strong body of research that supports specific tools that all Americans can
use, to better handle challenges, and protect their overall health and well-being; and
WHEREAS each citizen, local business, school, government agency, healthcare provider, and
faith-based organization shares the burden of mental health concerns and has a responsibility to
promote mental wellness, recovery, and support prevention efforts; and
WHEREAS the Denton County Behavioral Health Leadership Team, Denton County MHMR Center,
United Way of Denton County and the Wellness Alliance for Total Children’s Health of Denton County
led by Cook Children’s, through their unique partnership and prevention-based approaches to serving
children and adolescents, are effectively addressing the mental health needs of children, youth, and
families in our community; and
WHEREAS it is appropriate that a month should be set apart each year for the direction of our
thoughts toward mental health education and the support of treatment and recovery; and
WHEREAS it is appropriate that a day should be set apart each year for the direction of our thoughts
toward our children’s mental health and well-being; and
NOW, THEREFORE,I, Richard Boyer, Mayor of the City of The Colony hereby recognize the
month of May as Mental Health Month and May 7th, 2022 as Children’s Mental Health
Awareness Day,and I call upon our citizens and all agencies and organizations interested in
meeting every person’s mental health needs to unite this month in the observance of such exercises
as will commit the people of The Colony to increasing awareness and understanding of mental
health, the steps our citizens can take to protect their mental health, and the need for appropriate
and accessible services for all people mental health conditions.
SIGNED AND SEALED this 3rd day of May 2022.
___________________________
Richard Boyer, Mayor
City of The Colony, Texas
5
Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging May 1-7, 2022 as Municipal Clerks Week. (Mayor)
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, Richard Boyer, Mayor of The City of The Colony, do
recognize the week of May 1 - May 7, 2022, 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 3rd day of May 2022
___________________________
Richard Boyer, Mayor
City of The Colony, Texas
7
Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Tina Stewart
Submitting Department: Economic Development
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging May 9-15, 2022 as Economic Development Week. (Mayor)
Suggested Action:
Attachments:
Economic Development Week Proclamation 2022.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 creates and
facilitates programs to support local businesses to retain services, goods and jobs in The
Colony; and
WHEREAS, The Colony Economic Development Corporation assists local
businesses by providing information on City, County, State and Federal opportunities; 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
NOW, THEREFORE, I, Richard Boyer, Mayor and City Council of the City of The Colony
do hereby recognize May 9 – 13, 2022 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 3rd day of May 2022.
___________________________
Richard Boyer, Mayor
City of The Colony
9
Agenda Item No:1.8
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: David Swain
Submitting Department: Parks & Recreation
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging National Bike Month. (Mayor)
Suggested Action:
Attachments:
National Bike Month 2022.doc
10
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 66 years,
and is so again in 2022; 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, Richard Boyer, Mayor of the City of The Colony hereby
recognize the month of May as National Bike Month.
SIGNED AND SEALED this 3rd day of May, 2022.
___________________________
Richard Boyer, 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 3, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
12
Agenda Item No:1.10
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Lindsey Stansell
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:
13
Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Miscellaneous
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
14
Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for April 19, 2022. (Stewart)
Suggested Action:
Attachments:
April 19, 2022 DRAFT Minutes.docx
15
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 19, 2022
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 19
th day of April 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
Absent (Personal)
Present
Present
Present
Present
Present
And with 6 councilmembers 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 6:30 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 Recognize Girl Scout Troop 8401 for their donation of agility equipment at the
Pawsome Dog Park.
Parks Manager, Jackie Kopsa, presented this item to Council.
1.6 Items of Community Interest
1.6.1 Receive presentation from the Library regarding upcoming events and activities.
Library Director, Megan Charters, provided upcoming events and activities to the
Council.
Mayor announced the Council’s Redistricting Committee meeting, Monday, April
25, 2022 at 6:30 p.m. The committee will be holding a public meeting to discuss
redistricting maps for single-member districts 3-6.
16
City Council – Regular Meeting Agenda
April 19, 2022
Page| 2
2.0 CITIZEN INPUT
None
3.0 WORK SESSION
3.1 Receive a presentation from The Colony Chamber of Commerce.
Deputy City Manager, Joe Perez, introduced Jennifer Ondreyka, The Chamber of
Commerce Executive Director, to Council. Ms. Ondreyka provided an overview on
this item.
3.2 Discuss Public Information Requests Quarterly Report as presented for Council
review.
No discussion
3.2 Council to provide direction to staff regarding future agenda items.
None
4.0 CONSENT AGENDA
Motion to approve items from the Consent Agenda with the exception of Agenda Item 4.2-4.4
for separate consideration- Marks; second by Wade, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes for April 5,
2022.
*AGENDA ITEMS 4.2, 4.3 AND 4.4 REMOVED FROM THE AGENDA FOR
SEPARATE CONSIDERATIONS*
4.2 Consider approving an ordinance expenditure and budget amendment for the
Economic Development Corporation (EDC) portion of demolition and replacement
of ceiling tile, duct work, and roof replacement of the building at 6301 Main Street
in the amount not to exceed $265,000.00 from the Preferred Vendor List and the
BuyBoard Purchasing Cooperative out of Economic Development Corporation
funds.
ORDINANCE NO. 2022-2466
4.3 Consider approving an ordinance expenditure and budget amendment for the Economic
Development Corporation (EDC) portion of the design, supply, integration, installation,
and commissioning of Dark Fiber Infrastructure connecting two data centers via a new
144-strand fiber backbone capable of at least 40Gbps from Fire Station #4 to 6301 Main
Street in the amount not to exceed $900,000.00 through Interlocal Agreement Pricing or
government pricing cooperative contract out of Economic Development Corporation
funds.
ORDINANCE NO. 2022-2467
17
City Council – Regular Meeting Agenda
April 19, 2022
Page| 3
Motion to approve Agenda Items 4.2, 4.3 and 4.4- Marks; second by Wade, motion carried with
all ayes.
4.4 Consider approving an ordinance expenditure and budget amendment for the
Economic Development Corporation (EDC) portion of the design and installation
for a docking station and emergency backup generator at 6301 Main Street in the
amount not to exceed $225,000.00 through Sourcewell government pricing out of
Economic Development Corporation funds.
ORDINANCE NO. 2022-2468
5.0 REGULAR AGENDA ITEMS
5.1 Presentation by Weaver and Tidwell regarding the Annual Comprehensive
Financial Report for the 2020-2021 Fiscal Year.
City Manager of Operations, Tim Miller, introduced John DeBurro with Tidwell
and Weaver. Mr. DeBurro provided an overview on this item.
5.2 Discuss and consider an ordinance regarding a Site Plan to allow the construction
of access, parking, paving, landscaping, drainage, water, and sanitary sewer
improvements, on an approximately 6.934-acre tract of land located northeast of
the intersection of Grandscape Blvd and Destination Drive, within Planned
Development-25 (PD-25) aka Grandscape zoning district.
Senior Planner, Isaac Williams, presented the proposed ordinance to Council. The
Development Review Committee finds the Site Plan meets the requirements of the
Zoning. On April 12, 2022, the Planning and Zoning Commission voted 4-0 to
recommend approval of the proposed ordinance.
Motion to approve- Wade; second by Marks, motion carried with all ayes.
ORDINANCE NO. 2022-2469
5.3 Discuss and consider an ordinance regarding a Site Plan application for a proposed
8,158 square-foot restaurant with 1,588 square-foot outdoor dining and drive-thru
service known as "Portillo's Hot Dogs" on Lot 1R, Block E. The subject site is
located within the Planned Development 25 (PD-25) aka the Grandscape PD zoning
district.
Senior Planner, Isaac Williams, presented the proposed ordinance to Council. The
Development Review Committee finds the Site Plan meets the requirements of the
Zoning Ordinance. On April 12, 2022, the Planning and Zoning Commission voted
4-0 to recommend approval of the proposed ordinance.
Motion to approve- Marks; second by Holtz, motion carried with all ayes.
ORDINANCE NO. 2022-2470
18
City Council – Regular Meeting Agenda
April 19, 2022
Page| 4
5.4 Discuss and consider an ordinance regarding the Site Plan application of "Jefferson
Grandscape," an approximately 319-unit multi-family development on
approximately 3.614 acres. The subject site is located south of the intersection of
Destination Drive and Grove Lane (Grandscape) within the Planned Development
25 (PD-25) District aka Grandscape zoning district.
Senior Planner, Isaac Williams, presented the proposed ordinance to Council. The
Development Review Committee finds that the Site Plan meets the requirements of
the Zoning Ordinance. On April 12, 2022, the Planning and Zoning Commission
voted 4-0 to approve the proposed ordinance.
Ron Lazenby with Grandscape appeared before Council to answer questions.
Motion to approve-Holtz; second by Wade with the exception of Mayor Boyer voting no, motion
carried with all ayes.
ORDINANCE NO. 2022-2471
5.5 Discuss and consider approving a resolution casting the city's vote for a nominee
to serve as a member of the Board of Managers for the Denco Area 9-1-1 District.
Motion to approve- Schrag; second by Wade, motion carried with all ayes.
RESOLUTION NO. 2022-020
Executive Session was convened at 7:44 p.m.
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).
Regular Session was reconvened at 7:48 p.m.
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).
19
City Council – Regular Meeting Agenda
April 19, 2022
Page| 5
Motion to approve the EDC project and incentive with Project Sparkle Jeans on the terms as
discussed in executive session- Marks, second by Schrag, motion carried with all ayes.
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:50 p.m.
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_______________________________
Tina Stewart, TRMC, CMC
City Secretary
20
Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for March 2022. (Council)
Suggested Action:
Attachments:
Council Expenditures for March.pdf
21
22
23
Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Eve Morgan
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a contract with Child’s Play Inc. for the
purchase and installation of the West Shore Park Playgrounds through the BuyBoard Purchasing Cooperative
for $245,735.00 with funding from the Community Development Corporation. (Morgan)
Suggested Action:
HISTORY
The City purchased land in the Eastvale area for the development of a new park. Plans are in development for
the park and are currently in review. Parks staff held a Pick-A-Playspace public meeting to receive input from
the neighborhood for the park amenities. The playground concept from Child’s Play, Inc. received the highest
rating from the residents.
PURPOSE
Child’s Play, Inc. anticipates a price increase this summer. Purchasing the playground equipment now would
keep the price at the current rate and will put the equipment into production. Typically manufacturing the
equipment has long lead times and this would give us a head start on that process.
The CDC Board and staff recommend approval of the contract with Child’s Play, Inc. for the West Shore
Playground Equipment for $242,815.00 through the BuyBoard Purchasing Cooperative.
Attachments:
The Colony Westshore Park playground 36-136950-7 quote 4-8-22.pdf
Child's Play, Inc. CC Financial Summary.pdf
Res. 2022-xxx Child's Play Inc. - West Shore Park Playgrounds.doc
24
ADDRESS
The Colony West Shore Park
6800 Main Street
The Colony, TX 75056
SHIP TO
The Colony West Shore Park
West Shore Park
The Colony, TX 75056
QUOTE #DATE EXPIRATION DATE
22-2799 04/08/2022 05/20/2022
PROJECT SALES REP
Park Playground JS
DESCRIPTION QTY PRICE EACH AMOUNT
Buyboard
This is a Buyboard Purchasing Cooperative Quote. Pricing reflects
Buyboard discounts as listed under Contract #592-19, Vendor #1501
1 0.00 0.00
BCISNUIN
Custom Nucleus/Intensity Series Playground Structure: 36-136950-7
1 181,465.00 181,465.00
BCISNUIN
***Burke Discount***
1 -40,900.00 -40,900.00
Freight
Freight
1 11,500.00 11,500.00
Installation
Professional Turn-Key Installation of Playground Equipment
1 54,440.00 54,440.00
Geo Textile Fabric
Geo Textile Fabric
2.50 650.00 1,625.00
Wood Fiber
Engineered Wood Fiber
Price Includes: Material, Freight, and Installation
260 45.00 11,700.00
Gravel
3/8 Minus #10 Chat Drainage Gravel
Price Includes: Material, and Freight
100 42.00 4,200.00
Installation
Installation of Gravel base compacted
100 40.00 4,000.00
Drainage System
Drainage System
250 feet of 4" Flex Drain Pipe installed.
250 42.50 10,625.00
PIP Rubber
Poured-In-Place Rubber Surfacing
2.5" Vitriturf installed over concrete base hill side (by others).
Approximately 295 sq. ft.
Price Includes: Material, Freight, and Installation
295 24.00 7,080.00
CPIWARR
SUPPLEMENTAL WARRANTY: In addition to BCI Burke's non-prorated
1 0.00 0.00
25
DESCRIPTION QTY PRICE EACH AMOUNT
warranty, Child's Play, Inc. offers the value added service of 100% free
replacement costs on all warranted BCI Burke products throughout the
duration of the warranty period. The warranted items are shipped directly
to Child's Play and installed free of charge by our installation crew. The
result is zero out-of-pocket costs to the customer on all warranted BCI
Burke products. It is BCI Burke's commitment to a higher quality product,
which makes this "Special Supplemental Warranty" possible.
(2) FREE SITE VISITS: When Child's Play, Inc. installs the equipment,
we will perform two FREE maintenance inspections per year. Customer
to schedule in advance.
Install Terms
Installation charges, if quoted, are for a “standard” installation unless
specifically noted otherwise. Installation charges are due upon
completion. Standard installations generally require from 2-10 business
days to complete, depending upon the amount and type of equipment,
site conditions, weather, and schedule. Work may or may not be
performed in consecutive days. The quote is based on the site being
level and with no resilient surfacing (sand, gravel, bark, etc.) being in
place. A charge will be assessed to level site or remove resilient
surfacing based upon equipment/material costs and man hours required.
Any and all permits and any fees associated with the permits are the
responsibility of owner/contractor.
An additional charge will be required if digging of footing cannot be
performed by equipment or if rock conditions are encountered. Additional
man hours/jack hammers required to dig footings will be added to the
contract price at a minimum of $250/per jack hammer per day.
Installation is based upon unrestricted access to site for equipment, i.e.,
Bobcats, concrete trucks, dump trucks, and miscellaneous work vehicles.
Installers are not responsible for damages to irrigation, landscape and
utilities. Protection for these items is the responsibility of the owner.
1 0.00 0.00
TOTAL $245,735.00
Accepted By Accepted Date
26
Financial Summary:
Are budgeted funds available? ☒ Yes ☐ No Amount budgeted/available: $ 485,280.00
Cost of recommended bid/contract award for:
Child’s Play, Inc. Playground Quote $ 245,735.00
Total estimated project cost:
$ 245,735.00 Total Estimated Costs
27
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - ________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF A STANDARD
FORM OF AGREEMENT BY AND BETWEEN THE CITY OF THE
COLONY AND CHILD’S PLAY INC., FOR THE PURCHASE AND
INSTALLATION OF THE WEST SHORE PARK PLAYGROUNDS
THROUGH THE BUYBOARD PURCHASING COOPERATIVE
WITH FUNDING FROM THE COMMUNITY DEVELOPMENT
CORPORATION; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to execute a standard form of agreement with Child’s Play Inc. for the purchase
and installation of the West Shore Park Playgrounds through the Buyboard Purchasing
Cooperative, and
WHEREAS,the City of The Colony agrees to pay the design and construction
cost for the overall project in the amount of $245,735.00 through the BuyBoard
Purchasing Cooperative with funding from the Community Development Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.The City Council of the City of The Colony authorizes the
execution of a standard form of agreement with Child’s Play Inc.
Section 2.The City Manager is authorized to execute a standard form of
agreement for said project, which is attached hereto and incorporated herein.
Section 3.This resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS THE 3RD DAY OF APRIL 2022.
______________________________
Richard Boyer, Mayor
ATTEST:City of The Colony, Texas
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
28
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
29
Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Molly Owczar
Submitting Department: Customer Services
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to adopt a new appendix “A” rate sheet with a
5.21% increase for residential solid waste and recycling and commercial solid waste per the contract with
Republic Services. (Owczar)
Suggested Action:
Attachments:
Appendix A Republic Rate Sheet 06012022.pdf
republic rate sheet agenda item.docx
Res. 2022-xxx Republic Services Amendment.docx
30
Page 1 of 2
Appendix “A”
Republic Services Residential & Commercial Rates
Effective Date: June 1, 2022
Residential Rates:
1) Solid Waste $11.61 (per month residential customer for once per week with a 95 gallon
(minimum) wheeled poly cart for the collection of MSW. This price also includes the twice per
month cost of bulky item collection.
2) Additional trash cart $9.04 (per month per residential customer for second and/or third solid
waste cart)
3) Green Waste $3.02 (per month per residential customer for weekly collection of green waste)
4) Recycling $5.67 (per month per residential customer for once per week with a 95 gallon
(minimum) wheeled poly cart for the collection of recyclable materials.
Total residential price: $20.30 per month
31
Page 2 of 2
Commercial Rates:
FRONT-LOAD RATES
PICKUPS PER WEEK TYPE 1 X 2 X 3 X 4 X 5 X 6 X EXTRA PU
SIZE YD 85.53573 150.303006 215.122887 279.859 344.647 463.418487 48.52285
3 YD 97.971552 171.08$ 244.16$ 317.25$ 390.32$ 463.42$ 48.52$
4 YD 110.102265 192.37$ 272.87$ 354.25$ 435.65$ 517.03$ 57.46$
6 YD 133.080129 231.08$ 329.07$ 427.10$ 525.09$ 622.94$ 62.18$
8 YD 154.500885 269.10$ 383.70$ 494.98$ 612.91$ 727.49$ 69.31$
10 YD 183.56 319.71$ 455.88$ 588.09$ 728.20$ 864.33$ 86.64$
2 FEL Comp $31.56 per lift Rental & Delivery - Negotiated
4 FEL Comp $63.13 per lift
6 FEL Comp $94.69 per lift
Sunday Service for an
8 YD - $985 per can
per month in addition
to regular service
COMMERCIAL SERVICE FEES
CASTERS 6.565104 PER SET/Month EXTRA YARDS 47.34
GATES PER LIFT DELIVERY 57.87
LOCK BAR PER LIFT REDELIVERY AFTER NON-PAYMENT 0.00
REMOVAL 0.00
SNAP SHOT 0.00
DRY RUN 0.00
INDUSTRIAL ROLLOFF RATES
SIZE TYPE DELIVERY RENTAL/Day Haul Disposal/Ton DEPOSIT/ Container
20 YD Open Top 131.5125 3.1563 294.588 33.6672 Per credit check
30 YD Open Top 131.5125 3.16$ 294.59$ 33.67$ Per credit check
40 YD Open Top 131.5125 3.16$ 294.59$ 33.67$ Per credit check
30 YD Comp Negotiated Negotiated 336.67$ 33.67$ Per credit check
35 YD Comp Negotiated Negotiated 336.67$ 33.67$ Per credit check
40 YD Comp Negotiated Negotiated 336.67$ 33.67$ Per credit check
EXTRA YARDS $47.34
REDELIVERY AFTER NON-PAYMENT 0.00
REMOVAL 0.00
DRY RUN 0.00
COMMERCIAL HAND COLLECT:1 CART 1x/WEEK PER MONTH 25.2504
1 CART 2x/WEEK PER MONTH 35.7714
1 CART 3x/WEEK PER MONTH 42.084
1 CART 4x/WEEK PER MONTH 50.5008
1 CART 5x/WEEK PER MONTH 66.2823
Grapple Truck Service $106.62/hr + Disposal
1.641276
1.641276
Commercial Rates:
32
Republic Item
Consent Item: Consider approving a resolution authorizing the city manager to adopt a new appendix “a” rate sheet with a
5.21% increase for residential solid waste and recycling and commercial solid waste per the contract with Republic Services.
Justification: This is an annual increase per contract with Republic Services for residential solid waste and recycling and
commercial solid waste services. The increase is 5.21% and is factored using the water, sewer, trash consumer price index.
Total residential cost effective June 1, 2022 will be $20.30 (total cost for residential June 1, 2020-May 31, 2022 was $19.39).
Attachments: Appendix “A” Rate Sheet and Resolution
33
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING AN AMENDMENT TO REPUBLIC
WASTE SERVICES COMMERCIAL & INDUSTRIAL AND
RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING
COLLECTION AGREEMENT, ATTACHED HERETO AS EXHIBIT “A”;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas, entered into a solid waste and recycling
collection contract with Republic Waste Services on or about June 1, 2007; and
WHEREAS, the contract allows for rate adjustment requests by Republic Waste Services
annually based on the Consumer Price Index (CPI); and
WHEREAS, the City Council of the City of The Colony, Texas, finds and determines it
to be in the City’s best interest to authorize a residential rate increase of 5.21percent and a
commercial rate increase of 5.21 percent effective June 1, 2022.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas, does hereby authorize
an amendment to the Republic Waste Services solid waste and recycling contract, attached
hereto as Exhibit A,to reflect a rate increase of 5.21 percent for residential services and a rate
increase of 5.21percent for commercial services effective June 1, 2022.
Section 2. That this Resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 3rd DAY OF MAY, 2022.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
34
APPROVED AS TO FORM:
_______________________________
Jeff Moore, City Attorney
35
Exhibit A
36
Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Molly Owczar
Submitting Department: Customer Services
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Cooperative Purchasing Agreement
with the city of Southlake and Infosend, Inc. and the city of The Colony for utility bill printing services. (Owczar)
Suggested Action:
Attachments:
Infosend Council Agenda Item.docx
Infosend Coop Agreement 2022.pdf
Res. 2022-xxx City of Southlake and Infosend Inc.docx
37
Infosend Item
Consent item: Consider approving a resolution authorizing the City Manager to
execute a contract through a cooperative purchasing agreement with the city of
Southlake and Infosend, Inc. and the city of The Colony for utility bill printing
services.
Justification:
Currently utilizing Infosend, Inc. since 2014. Infosend provides accurate, efficient
bill printing services. Current contract will be expired as of June 2022. A
recommendation to enter into a cooperative purchasing agreement with the city
of Southlake and Infosend, Inc. is being presented to continue utilizing Infosend,
Inc.’s services. The contract between Southlake and Infosend has gone through
the competitive bidding process which affords The Colony to be locked into the
best price and service for utility bill printing.
Attachments: Cooperative Purchasing Agreement and resolution
38
39
40
41
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A COOPERATIVE PURCHASING AGREEMENT BETWEEN
THE CITY OF SOUTHLAKE AND INFOSEND INC. FOR UTILITY BILL
PRINTING SERVICES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 791 of the Texas Government Code, in particular, Section
791.025(a) of the Texas Government Code provides that “[a] local government, including a
council of governments, may agree with another local government or with the state or a state
agency, including the comptroller, to purchase goods and services”; and
WHEREAS, Section 791.025(c) of the Texas Government Code provides that “[a] local
government that purchases goods and services under this section satisfies the requirement of the
local government to seek competitive bids for the purchase of the goods and services;” and
WHEREAS, the City of Southlake, Texas, previously competitively bid utility bill
printing services, and Infosend, Inc., was found by the City of Southlake, Texas, to be the lowest
responsible bidder; and
WHEREAS, the City Council of the City of The Colony, Texas, has determined that it
is in the best interest of the citizens to execute the cooperative purchasing agreement with City of
Southlake, Texas, for utility bill printing services, with Infosend, Inc; and
WHEREAS, the City of The Colony, Texas, agrees to the rates included within the
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas, does hereby authorize
a cooperative purchasing agreement with City of Southlake, Texas, for utility bill printing
services with Infosend, Inc.
Section 2. That this Resolution shall take effect immediately from and after its passage.
42
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 3RD DAY OF MAY 2022.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
43
Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Chris Cuellar
Submitting Department: Information Technology
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a 3-year contract with SoftwareOne for
the renewal of Microsoft enterprise licensing through the State of Texas DIR Purchasing Cooperative in the
amount of $78,500.00 per year. (Cuellar)
Suggested Action:
Microsoft licensing is included in the FY21/22 budget
Attachments:
Microsoft Licensing Background Information.doc
Microsoft EA 3-Year Quote 2022.pdf
Microsoft Win10-Office Quote 2022.pdf
Microsoft M365 Quote 2022.pdf
Microsoft Cost Breakdown.xlsx
Res. 2022-xxx SoftwareOne.doc
44
Information Technology Department
TO:Mayor, City Council, and City Manager
FROM:
DATE SUBMITTED:
Chris Cuellar, IT Director
April 27, 2022
MEETING DATE:5/03/2022
RE:Microsoft enterprise agreement background information
Background:
Most City applications and staff utilize Microsoft software daily. This includes servers and
databases used by Customer Services, Public Safety, Engineering, Community Image, Parks,
Public Works, and Library as well as desktop and office suite software used by staff.
Microsoft has been the City’s core software system for more than 20 years.
If approved, the Microsoft enterprise agreement will be purchased using the State of Texas
Department of Information Resources (DIR) contract which is a cooperative purchasing
program for state and local government, education, and other public entities in Texas.
Per below previous Council actions, cost fluctuations over the years are primarily due to the
purchase of or removal of licenses and software add-ons.
Previous Council Action:
A 3-year Microsoft Enterprise agreement was last approved by Council on March 19,
2019 at a cost of $41,852.34 per year.
3-year agreements were also approved in 2016 at $36,431.70 per year, 2012 at
$41,000 per year, 2009 at $53,000 per year, 2005 at $65,000 per year, and 2002 at
$49,940 per year.
Recommendation:
Recommend approval of a 3-year contract with SoftwareOne for Microsoft enterprise
licensing for $78,500 per year through the State of Texas DIR Purchasing Cooperative.
Budget:
Microsoft licensing is included in the FY21/22 budget.
Attachments:
Microsoft renewal quotes
45
46
47
48
49
50
51
Description Quote Number Per Year Total
SoftwareOne Quote US-QUO-1010629 49,688.11$
SoftwareOne Quote US-QUO-1012470 27,606.00$
SoftwareOne Quote US-QUO-1015008 484.90$
SoftwareOne Quote Estimate 720.99$
78,500.00$
235,500.00$
TOTAL 1 YEAR COST
TOTAL 3 YEAR COST
52
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
A 3-YEAR CONTRACT WITH SOFTWAREONE FOR THE RENEWAL OF
MICROSOFT ENTERPRISE LICENSING THROUGH THE STATE OF
TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR)
COOOPERATIVE PURCHASING PROGRAM; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City has determined that it is in the best interest of the City to enter into
a 3-year contract with SOFTWAREONE; and
WHEREAS, with this contract the City of The Colony is agreeing to pay $78,500.00 per
year for the renewal of Microsoft enterprise software services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1.That the City Council of the City of The Colony, Texas, does hereby authorize
a cooperative purchase with SOFTWAREONE for state and local government, education,
and other public entities in Texas.
Section 2.This Resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 3RD, DAY OF MAY 2022.
ATTEST:_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
_____
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
_____
Jeff Moore, City Attorney
53
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider an ordinance regarding a Site Plan application for a mixed residential community known
as “Chelsea Green at The Tribute,” consisting of 17 single-family detached and 147 single-family attached
(Townhome) units, amenity center and green spaces on an approximately 25 acre tract of land within the
Tribute community. The subject site is located at the southwest intersection of Bridge Lane and Lebanon Road
within the Planned Development 18 (PD) aka Tribute Zoning District. (Williams)
Suggested Action:
please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations
Attachments:
SP21-0010 CC Staff Report Chelsea Green at The Tribute - Site Plan (final).pdf
SP21-0010 Location Map.pdf
Development Plans for Ordinance (final).pdf
The Colony - Development Agreement - Building Materials - Chelsea Green - (final) - 042722.docx
Ord. 2022-xxxx Chelsea Green at the Tribute Ordinance.docx
54
1
CITY COUNCIL REPORT
AGENDA DATE: May 3, 2022
DEPARTMENT: Development Services Department
SUBJECT SP21-0010 Chelsea Green at The Tribute- Site Plan
Discuss and consider an ordinance regarding a Site Plan application for a mixed residential
community known as “Chelsea Green at The Tribute,” consisting of 17 single -family detached
and 147 single -family attached (Townhome) units, amenity center and green spaces on an
approximately 25 acre tract of land within the Tribute community. The subject site is located at
the southwest intersection of Bridge Lane and Lebanon Road within the Planned Development 18
(PD) aka Tribute Zoning District.
OWNER/ENGINEER
Developer/Owner: The Tribute LLC Lewisville, Texas
Applicant: JBI Partners, Inc Carrollton, TX
EXISTING CONDITION OF PROPERTY
The property is currently undeveloped.
PROPOSED DEVELOPMENT
Mathews Southwest (the master developer) proposes a site plan of mixed residential development
known as Chelsea Green at The Tribute. Overall Chelsea Green at the Tribute contains
approximately 29.691 acres comprised of two distinct areas of residential development and a third
area for future development (undefined). 4.98 acres are dedicated to the development of seventeen
(17) single-family detached units; 19.4 acres are dedicated to the development of 147 Townhome
units. The remaining acreage is predominately along the southernmost portion of the development
and use and layout is undefined at this time and will be further refined with its own site planning.
ADJACENT ZONING AND LAND USE
North - Planned Development 18 (PD-18) The Tribute
South - Planned Development 18 (PD-18) The Tribute
East - Planned Development 18 (PD-18) The Tribute
West - Planned Development 18 (PD-18) The Tribute
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds that the Site Plan meets the requirements of
Appendix A, Zoning Ordinance, PD-18, and other applicable ordinances of the Code of
Ordinances as outlined in the Staff Report.
PRIOR ACTION
April 26, 2022, the Planning and Zoning Commission voted (7-0) to recommend approval of a
proposed mixed residential community known as “Chelsea Green at The Tribute,” consisting of
17 single-family detached and 147 single-family attached (Townhome) units.
55
2
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Proposed Ordinance and Development Plans (Site Plan, Landscape Plan, Project
Narrative)
4. Proposed Development Agreement (draft)
ATTACHMENT 1
Staff Analysis
Land Use Analysis
The single-family detached lots are proposed as the same or similar as within the existing
neighborhoods. These standards are outlined in PD-23 and PD-18. Each of the townhome
dwellings will have offer either “mews” (lots facing courtyard s instead of streets) or “street
edge”(units pulled closer to the street edge) views.
The townhome units will have development standards established unique to the structure type.
Each development type will be consistent with the context of the architectu ral requirements
within the Tribute’s overall Design Review Guidelines. The conceptual layout and delineation of
the proposed landscape and architectural elements where reflected in the previously approved
amendment. This site plan further refines the overall development in conjunction with the
proposed development agreement which addresses the aesthetic intents of the dwelling units.
Circulation and Parking
Access into the development is provided by Lebanon Road and Bridge Lane . The row of single
family detached lots will be front-loaded and served by “Fairway,” a fifty-foot (50’) right-of-way
which runs north to south. Internal streets will provide rear access to the townhomes. The
townhomes provide two-car garages per dwelling for residents and twenty-six (26) guest parking
spaces in designated areas throughout the development. Parking areas along “Fairway” and
“Rheims” accommodate the recreation areas, but may also provide addition spaces for guest. All
of the streets and access aisles designed to no less than thirty-one feet (31’)
Landscaping
The Landscape Plan reflects a design consistent with contemporary urban mixed-residential
development. The site contains a spacious area of open space with a water feature along Lebanon
that continues along Bridge Lane. Within the Bridge Lane landscape area, is an interspersing of
large and small canopy trees along a pedestrian pathway next to an adjacent mature stand of large
canopy trees. The majority of the internal walkways, dwelling edges and along the p erimeter offer
a consistent mixture of large canopy, small ornamental and ground covers.
Exterior Materials
The applicant has indicated an intent to construct a mix of bedroom layouts within the single-
family units. The single-family detached units will be consistent with the aesthetics scheduled for
the Westbury community. Each townhome unit will reflects an architectural style consistent with
the Tribute community, including styles such as European Eclectic, English Cottage and English
Tudor and Colonial. The unit designs primarily consist of masonry brick and stone in earth tones
56
3
and accents similar to those found in the Tribute. The approved concept plan and the proposed
development agreement reflects the intent to develop with the following aesthetics :
Development Review Committee Review
The Development Review Committee (DRC) finds that the Site Plan meets the requirements of
Appendix A, Zoning Ordinance, PD 18, and other applicable ordinances of the Code of
Ordinances as outlined in the Staff Report.
PRIOR ACTION
April 26, 2022, the Planning and Zoning Commission voted (7-0) to recommend approval of a
proposed mixed residential community known as “Chelsea Green at The Tribute,” consisting of
17 single-family detached and 147 single-family attached (Townhome) units.
57
BRIDGELN
L I N K S
LEBANONRD1001
2800 2808 2816275627682776
7601272827202712
27482740
2704
P D 1 8
AA
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 . SP21-0010 - Project Name: Chelsea Green @ T he Trib ute
Che lse a Gree n Tr ib ut e
Agr icul tu ral
Pla nn e d Deve lo pme nt 1 8
SubjectArea
58
59
60
61
62
landscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW overalllandscape plan LSP 1.01 N O R T H120'60'30'SCALE: 1"=60'0'OVERALL LANDSCAPE PLAN163
landscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW common arealandscape LSP 1.02 N O R T H40'20'10'SCALE: 1"=20'0'SITEPLAN ENLARGEMENTPLAN1MATCHLINE, REF:1/LSP 1.03MATCHLINE, REF:1/LSP 1.08
MATCHLINE, REF:1/LSP 1.0764
landscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW common areaarea landscapeplan LSP 1.03 N O R T H40'20'10'SCALE: 1"=20'0'SITEPLAN ENLARGEMENTPLAN1MATCHLINE, REF:1/LSP 1.04MATCHLINE, REF:1/LSP 1.06MATCHLINE, REF:1/LSP 1.0265
landscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW common arealandscape LSP 1.04 N O R T H40'20'10'SCALE: 1"=20'0'SITEPLAN ENLARGEMENTPLAN1MATCHLINE, REF:1/LSP 1.03MATCHLINE, REF:1/LSP 1.05MATCHLINE, REF:1/LSP 1.06MATCHLINE, REF:1/LSP 1.0366
landscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW common arealandscape plan LSP 1.05 N O R T H40'20'10'SCALE: 1"=20'0'SITEPLAN ENLARGEMENTPLAN1MATCHLINE, REF:1/LSP 1.04MATCHLINE, REF:1/LSP 1.06MATCHLINE, REF:1/LSP 1.0767
landscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW common areaarea landscapeplan LSP 1.06 N O R T H40'20'10'SCALE: 1"=20'0'SITEPLAN ENLARGEMENTPLAN1MATCHLINE, REF:1/LSP 1.04MATCHLINE
,
R
E
F
:
1/LSP 1.07
MATCHLINE, REF:1/LSP 1.02MATCHLINE, REF:1/LSP 1.03MATCHLINE, REF:1/LSP 1.0568
landscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW common arealandscape plan LSP 1.07 N O R T H40'20'10'SCALE: 1"=20'0'SITEPLAN ENLARGEMENTPLAN1MATCHLINE, REF:1/LSP 1.08MATCHLINE, R
E
F
:
1/LSP 1.03 MATCHLINE, REF:1/LSP 1.05MATCHLINE, REF:1/LSP 1.0869
landscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW common arealandscape plan LSP 1.08 N O R T H40'20'10'SCALE: 1"=20'0'SITEPLAN ENLARGEMENTPLAN1MATCHLINE, REF:1/LSP 1.07MATCHLINE, REF:1/LSP 1.02
70
landscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW amenity centerenlargement LSP 2.01N O R T H20'10'5'0'SCALE: 1"=10'AMENITY CENTER ENLARGEMENTPLAN171
Chelsea GreenChelsea Greenlandscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW entry signelevation LSP 3.01 SCALE: 1/2"=1'-0"ENTRY SIGN ENLARGEMENTELEVATION1SCALE: 1"=1'-0"CAST STONE SIGN ENLARGEMENTELEVATION2SCALE: 1/2"=1'-0"ENTRY SIGN SECTIONSECTION372
SIDE ELEVATIONSIDE ELEVATIONFRONT ELEVATIONFRONT ELEVATIONlandscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW pergola details LSP 3.02 SCALE: 3/4"=1'-0"CAST STONE PERGOLA CAP AND BASEPLAN/ PROFILE3SCALE: 1/4"=1'-0"CAST STONE PERGOLA CAP AND BASEPLAN/ PROFILE1SCALE: 1/2"=1'-0"PERGOLA ELEVATIONELEVATION4SCALE: 1/2"=1'-0"PERGOLA ELEVATIONELEVATION273
landscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW plant lists, notesandrequirements LSP 4.01 74
landscape architects, planners & designersprojectproject numberdesigned:sheet titlesheet2001 bryan streetdallas, tx 75201[214] 744-0757issue datesuite 1450drawn:reviewed:D2134903/07/2022The Colony, Texastributechelseagreenhd, vnif, vnsaSeth Atwell #3078not for regulatory approval,permitting or construction.for review only.March 7, 2021ISSUEFORREVIEW lightingphotometric plan LSP 5.01 75
Chelsea Green Site Plan Narrative
The Chelsea Green Site Plan application is for 24.76 acres of the 29.691 acre site. Streets and alleys will
be public. There will be trees along the streets and in the common areas. The property is planned for
146 townhomes that will be a minimum of 25’ x 70’ and 17 single family lots that will be a minimum of
60’ x 120’. Two builders are planned for the townhomes. Single family builders have not been selected
at this time, but they will be required to meet the builder requirements in the CCR’s. Amenities will
include a pool with restrooms, a dog park and open space. The amenities and open space will be part of
The Tribute Owners Association and available for use by residents that are members of the Association.
76
1
2155.013\104618.3
AGREEMENT REGARDING BUILDING MATERIALS
This Agreement Regarding Building Materials (this "Agreement") is executed between
MM-MSW Tribute, L.P. ("Developer") and the City of The Colony (the "City"), each a "Party"
and collectively the "Parties" to be effective __________ ___, 2022 (the "Effective Date").
ARTICLE I
RECITALS
WHEREAS, Developer intends to develop the property described on Exhibit A (the
"Property"); and
WHEREAS, the Developer has volunteered to regulate the architecture of the proposed
townhomes on the Property as reflected on Exhibit B.
NOW THEREFORE, for and in consideration of the mutual covenants of the Parties set
forth in this Agreement, and for other good and valuable consideration the receipt and adequacy
of which are acknowledged and agreed to by the Parties, the Parties agree as follows:
ARTICLE II
BUILDING MATERIALS
II.1 Building Materials and Design Standards. Development of the Property with
townhomes shall comply with Exhibit B, which shall serve as the exclusive building material
and design standard regulations for the architecture of townhome buildings to be constructed on
the Property.
ARTICLE III
ADDITIONAL PROVISIONS
III.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as
of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; (c) are legislative findings of the City Council, and (d) reflect the final intent of the
Parties with regard to the subject matter of this Agreement. In the event it becomes necessary
to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the
recitals, must be taken into consideration and, to the maximum extent possible, given full effect.
The Parties have relied upon the recitals as part of the consideration for entering into this
Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered
into this Agreement.
III.2 Events of Default. No Party shall be in default under this Agreement until
notice of the alleged failure of such Party to perform has been given (which notice shall set forth
in reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time determined based on the nature
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of the alleged failure, but in no event less than 30 days after written notice of the alleged failure
has been given).
III.3 REMEDIES. IF A PARTY IS IN DEFAULT, THE AGGRIEVED PARTY
MAY, AT ITS OPTION AND WITHOUT PREJUDICE TO ANY OTHER RIGHT OR
REMEDY UNDER THIS AGREEMENT, SEEK ANY RELIEF AVAILABLE AT LAW OR
IN EQUITY, INCLUDING, BUT NOT LIMITED TO, AN ACTION UNDER THE UNIFORM
DECLARATORY JUDGMENT ACT, SPECIFIC PERFORMANCE, MANDAMUS, AND
INJUNCTIVE RELIEF. NOTWITHSTANDING THE FOREGOING, HOWEVER, NO
DEFAULT UNDER THIS AGREEMENT SHALL ENTITLE THE CITY TO WITHHOLD
ANY DEVELOPMENT PERMIT APPROVALS OR OTHER CITY APPROVALS UNLESS
THE PLATTED LOT FOR WHICH APPROVALS ARE SUSPENDED IS THE SUBJECT OF
THE DEFAULT.
III.4 Assignment by Developer. Developer has the right (from time to time without
the consent of the City, but upon written notice to the City) to assign this Agreement, in whole
or in part, and including any obligation, right, title, or interest of Developer under this
Agreement, to any person or entity (an "Assignee") that is or will become an owner of any
portion of the Property or that is an entity that is controlled by or under common control with
Developer. Each assignment must be in writing executed by Developer and the Assignee and
must obligate the Assignee to be bound by this Agreement to the extent this Agreement applies
or relates to the obligations, rights, title, or interests being assigned. A copy of each assignment
must be provided to all Parties within 15 days after execution. From and after such assignment,
the City agrees to look solely to the Assignee for the performance of all obligations assigned to
the Assignee and agrees that Developer shall be released from subsequently performing the
assigned obligations and from any liability that results from the Assignee’s failure to perform
the assigned obligations; provided, however, if a copy of the assignment is not received by the
City within 15 days after execution, Developer shall not be released until the City receives such
assignment. No assignment by Developer shall release Developer from any liability that
resulted from an act or omission by Developer that occurred prior to the effective date of the
assignment unless the City approves the release in writing. Developer must maintain written
records of all assignments made by Developer to Assignees, including a copy of each executed
assignment and the Assignee’s Notice information as required by this Agreement, and, upon
written request from any Party or Assignee, shall provide a copy of such records to the
requesting person or entity. The City shall not assign this Agreement. An Assignee shall be
considered a "Party" and the "Developer" for the purposes of the rights, title, interest, and
obligations assigned to the Assignee.
III.5 Binding Obligations. This Agreement shall be recorded in the deed records of
Denton County, Texas, and shall be a covenant that runs with the land is binding on the
Developer's successors and assigns.
III.6 Notices. All notices required or contemplated by this Agreement (or otherwise
given in connection with this Agreement) must be in writing, shall be signed by or on behalf of
the Party giving the Notice, and shall be effective on or after the 10th business day after being
deposited with the United States mail service, Certified Mail, Return Receipt Requested with a
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confirming copy sent by E-mail. Notices given pursuant to this section shall be addressed as
follows:
To the City:City of The Colony, Texas
6800 Main Street
The Colony, Texas 75056
Attn: Troy C. Powell, City Manager
E-mail: tpowell@thecolonytx.gov
With a copy to:
Brown & Hofmeister, LLP
740 E. Campbell Road, Suite 800
Richardson, Texas 75081
Attn: Jeffrey L. Moore
E-mail: jmoore@bhlaw.net
To the Developer:Attn:_______________________
___________________________
___________________________
E-mail:______________________
III.7 Interpretation. The Parties acknowledge that each of them has been actively
involved in negotiating this Agreement. Accordingly, the rule of construction that any
ambiguities are to be resolved against the drafting Party will not apply to interpreting this
Agreement. In the event of any dispute over the meaning or application of any provision of this
Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for
or against any Party, regardless of which Party originally drafted the provision.
III.8 Authority and Enforceability. The City represents and warrants that this
Agreement has been approved by ordinance or resolution duly adopted by the City Council in
accordance with all applicable public notice requirements (including, but not limited to, notices
required by the Texas Open Meetings Act) and that the individual executing this Agreement on
behalf of the City has been duly authorized to do so. Developer represents and warrants that
this Agreement has been approved by appropriate action of Developer, and that the individual
executing this Agreement on behalf of Developer has been duly authorized to do so. Each Party
acknowledges and agrees that this Agreement is binding upon such Party and enforceable
against such Party in accordance with its terms and conditions.
III.9 Entire Agreement; Severability. This Agreement constitutes the entire
agreement between the Parties and supersedes all prior agreements, whether oral or written,
covering the subject matter of this Agreement. This Agreement shall not be modified or
amended except in writing signed by the Parties. If any provision of this Agreement is
determined by a court of competent jurisdiction to be unenforceable for any reason, then (a)
such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable
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provision shall, to the extent possible, be rewritten to be enforceable and to give effect to the
intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect
and shall be interpreted to give effect to the intent of the Parties.
III.10 Applicable Law; Venue. This Agreement is entered into under and pursuant to,
and is to be construed and enforceable in accordance with, the laws of the State of Texas, and
all obligations of the Parties are performable in Denton County. Venue for any action to enforce
or construe this Agreement shall be in Denton County.
III.11 Non Waiver. Anyfailure by a Party to insist upon strict performance by another
Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the
Party shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes
for which it is given. No waiver by any Party of any term or condition of this Agreement shall
be deemed or construed to be a waiver of any other term or condition or subsequent waiver of
the same term or condition.
III.12 No Third Party Beneficiaries. This this Agreement only inures to the benefit
of, and may only be enforced by, the Parties. No other person or entity shall have any right,
title, or interest under this Agreement or otherwise be deemed to be a third-party beneficiary of
this Agreement.
III.13 Form 1295. Submitted herewith is a completed Form 1295 generated by the
Texas Ethics Commission’s (the "TEC") electronic filing application in accordance with the
provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by
the TEC (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from the
Developer, and the City agrees to acknowledge such form with the TEC through its electronic
filing application not later than the 30th day after the receipt of such form. The Parties
understand and agree that, with the exception of information identifying the City and the
contract identification number, neither the City nor its consultants are responsible for the
information contained in the Form 1295; that the information contained in the Form 1295 has
been provided solely by the Developer; and, neither the City nor its consultants have verified
such information.
III.14 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
III.15 Further Documents. Each Party shall, upon request of the other Party, execute
and deliver such further documents and perform such further acts as may reasonably be
requested to effectuate the terms of this Agreement and achieve the intent of the Parties.
III.16 Exhibits. The following Exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A Metes and Bounds Description of the Property
Exhibit B Building Material Requirements
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[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Executed by Developer and the City to be effective on the Effective Date.
ATTEST:CITY OF THE COLONY
By: By:_________________________________
Tina Stewart, City Secretary Richard Boyer, Mayor
Title:_______________________________
Date:_______________________________
APPROVED AS TO FORM:
Name:_____________________________
Jeff Moore, City Attorney
STATE OF TEXAS
§
§
COUNTY OF DENTON §
This instrument was acknowledged before me on ____________, 2022, by Richard Boyer,
Mayor of the City of The Colony, Texas on behalf of said city.
Notary Public, State of Texas
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OWNER:
MM-MSW Tribute, L.P.
By:________________________________
_
Its:________________________________
_
By:________________________________
_
Name:_____________________________
_
Title:______________________________
_
Date:______________________________
_
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on ______________, 2022 by
___________, the __________________ of MM-MSW Tribute, L.P. , a Texas limited partnership,
on behalf of said partnership.
Notary Public, State of Texas
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EXHIBIT A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
(29.691 Acres Total)
LEGAL DESCRIPTION
BEING a parcel of land located in the City of the Colony, Denton County, Texas, a part of the
T.D. Luckett Survey, Abstract No.752, a part of the S. Payton Survey, Abstract No. 1009, and
being all of that called 29.691 acre tract of land described in deed to MM-MSW TRIBUTE, L.P.,
as recorded in County Clerk’s Document Number 2021-30490 and Document Number 2021-
36906, Denton County Deed Records, and being further described as follows:
BEGINNING at a one-half inch iron rod with yellow cap stamped “JBI” found at the northeast
corner of said 29.691 acre tract, said point also being at the intersection of the south right-of-way
line of Bridge Lane (a variable width right-of-way at this point) dedicated by plat Bridge Lane
Addition, an addition to the City of The Colony as recorded in Document Number 2018-93, Denton
County Plat Records, with the west right-of-way line of Lebanon Road (a 120 foot wide right-of-
way) according to the plat recorded in Cabinet W, Page 268, Denton County Plat Records;
THENCE Southwesterly, 1066.00 feet along the west right-of-way line of Lebanon Road
following a curve to the left having a central angle of 29 degrees 38 minutes 57 seconds, a radius
of 2,060.00 feet, a tangent of 545.22 feet, and whose chord bears South 17 degrees 18 minutes 25
seconds West, 1054.15 feet to a one-half inch iron rod with yellow cap stamped “JBI” found for
corner, said point being the southeast corner of said 29.691 acre tract;
THENCE South 89 degrees 18 minutes 15 seconds West, 1,294.56 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found at the southwest corner of said 29.691 acre tract, said point
also being the southeast corner of Lot 1, Block A, The Tribute New Course, an addition to the City
of The Colony as recorded in Cabinet Y, Page 59, Denton County Plat Records;
THENCE along the west line of said 29.691 acre tract and along the east line of said Lot 1, Block
A as follows:
North 38 degrees 20 minutes 39 seconds East, 785.84 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner;
Northeasterly, 172.12 feet along a curve to the left which has a central angle of 49
degrees 18 minutes 36 seconds, a radius of 200.00 feet, a tangent of 91.80 feet, and whose chord
bears North 13 degrees 41 minutes 21 seconds East, 166.86 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
North 10 degrees 57 minutes 57 seconds West, 659.28 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner, said point being the northwest corner of said
29.691 acre tract, said point being the northeast corner of said Lot 1, said point also being in the
south right-of-way line of Bridge Lane;
THENCE along the north line of said 29.691 acre tract and along the south right-of-way line of
Bridge Lane as follows:
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South 66 degrees 33 minutes 04 seconds East, 32.85 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
South 64 degrees 30 minutes 22 seconds East, 322.00 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner;
Southeasterly, 436.78 feet along a curve to the left which has a central angle of 26
degrees 04 minutes 06 seconds, a radius of 960.00 feet, a tangent of 222.24 feet, and whose chord
bears South 77 degrees 32 minutes 24 seconds East, 433.02 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
North 89 degrees 25 minutes 33 seconds East, 112.90 feet to a one-half inch iron rod
with yellow cap stamped “JBI” found for corner;
Southeasterly, 301.35 feet along a curve to the right which has a central angle of 34
degrees 31 minutes 54 seconds, a radius of 500.00 feet, a tangent of 155.41 feet, and whose chord
bears South 73 degrees 18 minutes 30 seconds East, 296.81 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
South 56 degrees 02 minutes 33 seconds East, 70.35 feet to a one-half inch iron rod with
yellow cap stamped “JBI” found for corner;
South 11 degrees 46 minutes 54 seconds East, 35.81 feet to the POINT OF BEGINNING
and containing 1,293,349 square feet or 29.691 acres of land.
Bearings based on Bridge Lane Addition plat recorded in Document Number 2018-93, Denton
County Plat Records.
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2155.013\104618.3
EXHIBIT B
BUILDING MATERIAL REGULATIONS
The elevations on this exhibit are preliminary and subject to change, and are intended only to illustrate the style of architecture (i.e.,
they are not intended to serve as final building elevations for construction). The exterior façade of each townhome (excluding doors
and windows) shall be constructed entirely of masonry, defined as brick, stone, or stucco.
The following requirements apply to townhome development of the Property:
1.An architectural style from the selection described on this exhibit shall be required (e.g., English Tudor, European
eclectic, French eclectic, colonial, English cottage, Mediterranean eclectic and transitional even if all such styles are not represented in
the renderings below). Mixing of architectural styles within a building is not permitted.
2.Each unit within a building should typically be of a distinct elevation, however the same unit elevation may be repeated
within the building one time. (Exception: In architectural styles that allow symmetrical massing [e.g., Colonial] the building units may
be symmetrically mirrored.)
3.Building Massing: 2-story; 2 ½- story; and 3-story building massing may be applied to each unit. The front façade of each
unit should be offset from adjacent units to visually identify the separate dwellings.
4.Roof Styles and Materials: Reference selected architectural style. One roof material shall be selected for each building.
(Exception: New Construction Committee may consider roof pitch reductions).
5.Exterior Wall Finishes: Reference selected architectural style. Maximum of three (3) exterior wall finishes will be permitted
on a building. One material shall be clearly dominant (60% as a guide) on all elevations.
6.Window Styles: Reference selected architectural style.
7.Colors: Reference selected architectural style. Colors shall be consistent on all units within the building.
8.Design Components/Elements: Reference selected architectural style. Variations of design components should be applied
to each unit within the building.
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9.The determination of consistency to the standards shall be administratively done by the Director prior to the issuance of
a building permit.
10.Prior to the issuance of a building permit by the City, a complete electronic set of building elevation plans and exterior
material and color control samples shall be provided to the Director, who shall determine whether the submitted plans and samples
comply with the design standards on this exhibit. The Director shall have the right to disapprove any plans and/or samples in the event
such plans, or samples are not in accordance with the design standards on this exhibit.
11.Architectural design standards by style:
a. ENGLISH TUDOR
i. Roof Style – Gabled roof with primary roof ridge parallel to the front façade.
ii. Exterior Wall Finish – Areas above the eaves at gables shall be half-timber with herringbone or basket-weave
brick pattern infill. Brick patterning or trim boards designed to mimic half-timbering may be substituted for half-
timbering. Stucco may also be used in the conjunction with half-timbers in place of the brick pattern infill.
iii. Window Style – All windows shall have muntin bar detailing to provide a divided light appearance. At a
minimum, half of the windows on the second floor of the front façade shall include diamond pattern divided light
appearance.
iv. Colors – Brick shall be medium to light grey, medium to light tan, or light red. Stone accents shall be medium
to light grey or medium to light tan. Colors of cementitious overcoats shall be submitted to the New Construction
Committee for approval. Mortar color shall be submitted to the New Construction Committee for approval. Half-
timbers or brick patterning (designed to mimic half timbering) shall be stained or painted in a dark brown, dark
green, light grey, or black color. Garage door finishes shall match the half-timber finish. Window, door, and
trim color shall match the half-timber finish.
b. EUROPEAN ECLECTIC
i. Roof Style - A minimum of one (1) gable, gabled dormer, Dutch hip, or combination thereof shall be required
on the front façade.
ii. Exterior Wall Finish -A minimum of three architectural textures are required on the front facade. Architectural
textures are defined as brick; patterned brick (e.g., herringbone, basket weave, brick patterning designed to mimic
half timbering); stone; stucco; smooth stone; painted brick; or cedar shakes.
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iii. Window Style – All windows on the front façade shall have muntin bar detailing to provide a divided light
appearance of at least four (4) lights.
iv. Design Components - Front doors shall be of a minimum 36-inches in width x 96-inches in height. Sidelights
are not permitted. Door transoms are permitted if the design is in proportion with the front entry porch. Front
porches must have a minimum depth of four (4) feet. Decorative masonry, cedar attic vents, or other decorative
elements are required at gables on the front façade.
c. FRENCH ECLECTIC
i. Roof Style - Predominate hipped roofs are required. Hipped roofs will have the primary ridge parallel to the
front facade, except on corner lots where the primary roof ridges must be parallel to the side street. A front facing
crossing gable is not allowed.
ii. Exterior Wall Finish - Architectural finishes with this style are defined as brick; painted brick; stucco; stone;
or a combination of these materials.
iii. Window Style - Windows are allowed to be flat, arched or round top. Square windows are allowed as accent
"punch" windows, but not as a primary facade window. Windows must be vertical in style and proportion.
iv. Colors - The color palette must consist of "warm" colors and tones as indicated by the style. Window, door,
garage door and trim colors shall be of contrast to the brick, stucco, and stone colors.
v. Design Components -Front doors shall be a minimum of 36-inches in width and 96-inches in height. The door
profile can be flat, arched, or round topped and may include a glass component. Door top profiles are encouraged
to match the porch opening head profile. Sidelights are not permitted. Door transoms are permitted if their design
is in proportion with the front entry porch.
vi. Front porches must be a minimum of 4-feet in depth measured from exterior wall adjacent to the front door
of the home to edge of porch.
d. COLONIAL
i. Building Massing - Symmetrical simple geometric massing, 1-story or typically 2- stories in height. Primary
massing may be parallel or perpendicular to the street with full height front portico. Front portico may or may
not include a second story balcony.
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ii. Roof Style - Side gabled or hipped roof style with the primary ridge parallel to the front facade with shallow
eave depths. Gabled only with the primary ridge perpendicular to the front facade. Front porches with entrance
accents.
iii. Exterior Wall Finishes - Primary exterior wall finishes to be brick or painted brick. Horizontal lap siding may
be used as a secondary material.
iv. Window Style -Windows should typically be vertically proportioned; multi-paned; single-hung with flat top
profiles and aligned symmetrically in horizontal and vertical rows, typically 5-ranked on the front facade with
front entry centered. First floor windows to be taller than second floor windows. Window units should incorporate
decorative crown and sill detailing. If used, shutters must appear as operable. S ingle shutters should match the
window opening profile. Double shutters to be ½-width of the window unit and match the opening profile.
Shutters should be appropriate to the Colonial style, paneled on the first floor and louvered on the second.
Decorative hardware and parts (i.e., hinges; dogs; straps; fasteners; etc.) should also be incorporated. Shutters
should be offset from the wall to create visual depth.
e. ENGLISH COTTAGE
i. Building Massing - 1-story, 1½-story, or 2-stories. If 1½-story building massing is applied to the unit then the
1½-story building massing is only required at the front facade. A ½-story is to be defined, for the purposes of
this style, as space existing between roof framing with no vertical exterior wall height at the horizontal eaves.
ii. Roof Style - Hipped roof with primary roof ridge parallel to the front facade, except on corner lots where the
minimum roof ridge must be parallel to the side street. A minimum of one gable, gabled dormer, or combination
thereof, are required on the front façade.
iii. Exterior Wall Finishes - Stone quoins may be incorporated at all outside corners of the front facade as well as
at the front door entry surround. Stone quoins should be flush with the exterior wall face and should extend a
minimum of 12-inches in from the outside corners of the exterior wall or door openings. Stone quoins may be
omitted at the outside corners of the front facade as well as at the front door entry surround if the exterior finish
material is stone to a height of at least 4-feet at the front facade, or if an entire vertical section of the front facade
(with a minimum width of 8-feet) is stone then no stone quoins will be required on that section.
iv. Window Style –A minimum of one (1) window on the front facade shall have iron window planting boxes
for at least 33% of the English Cottage Style homes constructed by each builder. All windows shall have muntin
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bar detailing to provide a divided light appearance of at least 4 lights. At least half of the windows on the first
floor of the front fa9ade shall be grouped in clusters of two or three.
f. MEDITERRANEAN ECLECTIC
i. Building Massing - 1-story; 1½-story; 2-stories; or 2½-stories. If 1½-story building massing is applied to the
Unit, then the 1½-story building massing is only required at the front facade. A half story is to be defined, for the
purpose of the style, as space existing between roof framing with no vertical exterior wall height at the horizontal
eave. Maximum building height shall be limited to 40-feet.
ii. Roof Style - Hipped or gable roofs are allowed. Hipped roofs will have the primary ridge parallel to the front
facade, except on corner lots where the primary roof ridges must be parallel to the side street.
iii. Exterior Wall Finishes - Architectural finishes shall be stucco, stone, a combination of both stucco and stone,
painted brick, or slurry-finished brick.
iv. Window Style -Window styles on the front facade shall have muntin bar detailing to provide a divided light
appearance. Windows are allowed to be flat, arched, or round top. Windows must be vertical in style and
proportion. Square windows are allowed as accent "punch" windows, but not as primary facade windows. Mulled
windows are allowed if they are vertical in proportion.
g. TRANSITIONAL
i. Transitional Style shall be defined as "an architectural style characterized by elements of an older style blended
with elements of a more modern style.
ii. A selected style may be modified with more modern simplified design elements (window styles, entry doors,
garage doors, accents, etc.) for Director consideration.
iii. The basic architectural standards of the selected original style should generally be maintained.
iv. Proposed modifications are at the discretion of the designer however final approval is the prerogative of the
Director.
v. Building Massing –Referenced to the building massing described from the selected style. Deep offsets to
emphasize the individual elements of the massing. Recessed fenestrations
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vi. Roof Style – Referenced to the roof style described from the selected style. Low pitched roofs may be
considered for non-habitable spaces such as covered porches or dormers. Extended roof overhangs.
vii. Exterior Wall Finishes –Referenced to the exterior wall materials described from the selected style. Exterior
wall finishes should be limited to two (2) materials, one clearly dominant over the other.
viii. Window Style - Referenced to window style described from the selected style. Typically, vertical in profile
with simple divided lite patterns.
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022 - _________
SITE PLAN – CHELSEA GREEN AT THE TRIBUTE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR
CHELSEA GREEN AT THE TRIBUTE, FOR AN APPROXIMATELY 25
ACRE DEVELOPMENT OF LAND WHICH INCLUDES 17 SINGLE-
FAMILY DETACHED AND 147 SINGLE-FAMILY ATTACHED
(TOWNHOME) UNITS, AMENITY CENTER AND GREEN SPACES
LOCATED AT THE SOUTHWEST INTERSECTION OF BRIDGE LANE
AND LEBANON ROAD WITHIN THE PLANNED DEVELOPMENT
DISTRICT 18 (PD-18) ZONING 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 PlanApplication No. SP21-0010, for an approximately 25 acre development of land
which includes 17 single-family detached and 147 single-family attached (townhome) units, an
amenity center and green spaces located at the southwest intersection of Bridge Lane and Lebanon
Road within the Planned Development District 18 (PD-18) zoning district should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Site Plan, Landscape Plan and Elevation [Façade] 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 unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
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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 3rd DAY OF MAY, 2022.
Richard Boyer, Mayor
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Exhibit A
[Site Plan, Landscape Plan and Elevation [Façade] Plans]
100
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific Use Permit
(SUP) to allow a Bar, Lounge or Tavern (“Brewpub”) use at 5265 SH 121, with the condition that said use be
located approximately 250 feet to the nearest Beverage Store, where a minimum separation of 1,000 feet are
required. The request is located within an existing building containing approximately 8,400 square feet, and is
located within the Business Park (BP) zoning District and the Gateway Overlay District. (Williams)
Suggested Action:
Please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations
Attachments:
SUP22-0001 CC Staff Report Brewpub at Urban - SUP (final).doc
SUP22-0001 Location Map.pdf
Attachments for ordinance (final)_tbs.pdf
Ord. 2022-xxxx Brewpub Urban8 Site Plan.docx
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CITY COUNCIL REPORT
AGENDA DATE:May 3, 2022
DEPARTMENT:Development Services Department
SUBJECT:SUP22-0001 –Brewpub at Urban 8 Specific Use Permit.
Conduct a public hearing, discuss and consider an ordinance regarding the approval of a Specific
Use Permit (SUP) to allow a Bar, Lounge or Tavern (“Brewpub”) use at 5265 SH 121, with the
condition that said use be located approximately 250 feet to the nearest Beverage Store, where a
minimum separation of 1,000 feet are required. The request is located within an existing building
containing approximately 8,400 square feet, and is located within the Business Park (BP) zoning
District and the Gateway Overlay District.
OWNER/APPLICANT
Owner:Brian Kramer Westlake Village, CA
Applicant:Jim Dooley
New Hope Ranch Investments, Ltd.Carrolton, TX
EXISTING CONDITION OF PROPERTY
The subject site was previously an approximately 8,400 square foot building developed as a food
court-styled dining place known as Urban 8 food court. The interior is modeled similar to a
traditional food court with where individual and independent entities served a variety of cuisine
options in an open air configuration.
ADJACENT ZONING AND LAND USE
North - Business Park- Hotel developments
South - SH 121
East - Business Park- Auto body repair
West -Business Park- Restaurant
PROPOSED DEVELOPMENT
The applicant requests Specific Use Permit (SUP) approval to allow the proposed “Brewpub”
within the existing building at 5265 SH 121. The applicant intends to remodel the interior food
court configuration to accommodate a single user open layout concept. The operations will focus
on the sale and consumption of beer brewed onsite. The establishment will provide a limited
menu incidental to the primary brewing and serving; operations will include the to-go packaging
of a small percentage of the beer produced.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the SUP meets the requirements of the Colony
Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined
in the Staff Report.
PRIOR ACTION
April 26, 2022, the Planning and Zoning Commission voted (7-0) to recommend approval of a
Specific Use Permit (SUP) to allow a Bar, Lounge or Tavern (“Brewpub”) use at 5265 SH 121,
with the condition that said use be located approximately 250 feet to the nearest Beverage Store.
where a minimum separation of 1,000 feet are required.
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ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Site illustration
4. Applicant Narrative
5. Floor Plan
6. Site Plan (survey)
ATTACHMENT 1
Staff Analysis
LAND USE ANALYSIS
The applicant requests SUP approval for the establishment of a “brewpub”. The establishment
will primarily offer brewed beer for on-premises consumption. Food items will be offered
incidental to the brewing operations, however the dining component is not indicated to be at a
restaurant threshold. A portion of the operation will be dedicated to the packaging of beer for off
premise consumption; it is indicated that the anticipated brewing capacity is 1,800-3,300 beer
barrels (bbl).
The previous operations focused on the service of a variety of foods, but also provided alcohol
sales and consumption secondarily to the overall dining experience. This overall operation was
similar to most “restaurant and bar” establishments, accordingly no Specific Use Permit approval
was required for the operations. According to the applicant the proposed operations are more
consistent with that of a “bar, lounge or tavern,” with secondary food sales, than “restaurant with
beer, wine or liquor.” As such, the proposed use requires Specific Use Permit approval as
reflected in the schedule of uses.
The subject site is located approximately 250 feet to an existing beverage store establishment
[Goody Goody]. The Sale of alcoholic beverages sections requires a separation of 1,000 feet
between the proposed use and the existing beverage store establishment. The request will include
a condition of the Specific Use Permit approval as relief from the 1,000 foot distance requirement.
As presented the proposed operations are not anticipated to be incongruous with the surrounding
restaurant, entertainment and beverage store uses.
Section 10-2200 states:
“It shall be unlawful for any beverage store, bar, lounge, or tavern, or private club with
bar service to be constructed, erected or placed closer than 1,000 feet to another beverage
store, bar, lounge or tavern, or private club with bar service.
The measurement of the distance between said beverage store or bar, lounge or tavern
and another such facility shall be in a straight line in all directions from the said beverage
store or bar, lounge or tavern to the nearest point of other such facility. The measurement
for a structure shall be taken from the nearest point that a structure extends in any
direction, including overhanging roofs and all projections or portions of said structures.”
Specific Use Permit (SUP) Criteria
In accordance with Section 10-905 (Special Use Permits - Approval Criteria) of the Zoning
Ordinance, the Planning and Zoning Commission and City Council shall review and evaluate a
Specific Use Permit application using the following criteria:
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1.Conformance with the City of The Colony’s Comprehensive Plan;
The Future Land Use Map identifies this area as “SH-121 Corridor Development Zone,”
which includes including single-family and multifamily residential, commercial, retail,
office, and industrial uses. During the development of the SH 121 corridor plan,
destination-oriented recreational and entertainment land uses were identified as the
most favorable for the future growth of the corridor. The proposed land use is consistent
with the uses permitted within the SH 121 corridor plan as determined by the
Comprehensive Plan.
2.Conformance with applicable regulations and standards established by the zoning
regulations;
With the approval of the SUP and conditions thereof, the application will be in
conformance with the Zoning Ordinance.
3.Compatibility with existing or permitted uses on abutting sites, in terms of building
height, build and scale, setbacks on open spaces, landscaping and site development,
access and circulation features, architectural compatibility;
The proposed use will occupy an existing building established congruent with the height,
and scale with the adjacent developments along the SH 121 service road. Further the
proposed use is generally compatible with the approved uses on abutting sites which
consists of commercial uses including retail, restaurant, hotel and service businesses.
4.Safety and convenience of vehicular and pedestrian circulation in the vicinity,
including traffic reasonably expected to be generated by the proposed use and other
uses reasonable and anticipated in the area, existing zoning and land uses in the area;
The subject site has been reviewed and previously approved by the City, and met the
traffic circulation and associated requirements. The existing building is centrally located
on the lot with a circular drive aisle that provides site-to-site connectivity to the adjacent
lots.
5.Protection of persons and property from erosion, flood, or water damage, fire, noise,
glare, air quality, generation of dust and odors, and similar hazards and impacts;
The subject site was developed in accordance with the applicable regulations at the time
of construction.
6.Location, lighting and type of signs; the relation of signs to traffic control and
adverse effect of signs on adjacent properties;
All existing lighting will remain as previously approved. All signage shall be reviewed in
accordance with the Sign Ordinance.
7.Adequacy and convenience of off-street parking and loading facilities;
The use of the subject site will change from a food court styled dining estblishment, to a
single user “Brewpub” [bar, lounge or tavern] establishment. The previous use established
a parking field of eighty-four (84) spaces based on the overall square footage of the use.
The proposed parking demand is established by the maximum number of occupants as
opposed to the overall square footage; the proposed use is not anticipated to increase the
established occupant capacity.
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8.Determination that the proposed use and site development, together with any
modifications applicable thereto, will be compatible with existing or permitted uses in
the vicinity;
Review of the applicants request revealed minor modifications to accommodate the change
of use, but no additional site development or significant modification to the building or site.
Therefore the proposed use is anticipated to be compatible with the existing or permitted
uses in the vicinity.
9.Determination that any conditions applicable to approval are the minimum necessary
to minimize potentially unfavorable impacts on nearby uses in the same district and
surrounding area
The applicant requests consideration to allow the proposed development to operate at a
distance of approximately 250 feet from the nearby “Goody Goody” retail (Beverage
Store) where a distance of 1,000 feet are required. The proposed use as requested, is not
anticipated to create any unfavorable impacts on nearby uses in the same district and
surrounding area.
10.Determination that the proposed use, together with the conditions applicable thereto,
will not be detrimental to the public health, safety, or welfare of materially injurious
to properties or improvements in the vicinity.
The proposed use is not anticipated to be detrimental to the public health, safety, or
welfare.
Infrastructure Improvements
No specific public infrastructure improvements are planned for this area.
Notification
The Zoning Ordinance requires newspaper notification a minimum of ten (10) days prior to the
Planning and Zoning Commission meeting. Notice for this SUP Public Hearing was published in
The Dallas Morning News on April 14, 2022. In addition, the Zoning Ordinance requires
notification of property owners located within 200 feet of the subject property a minimum of ten
(10) days prior to the public hearing. Public Hearing notices were mailed on April 14, 2022 to
adjacent property owners. No comments either for or against the SUP were received as of
printing of this packet.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the SUP meets the requirements of the Colony
Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as outlined
in the Staff Report.
PRIOR ACTION
April 26, 2022, the Planning and Zoning Commission voted (7-0) to recommend approval of a
Specific Use Permit (SUP) to allow a Bar, Lounge or Tavern (“Brewpub”) use at 5265 SH 121,
with the condition that said use be located approximately 250 feet to the nearest Beverage Store.
105
SAM RAYBURN TOLLWAYEXIT MAIN ST / JOSEY LNSH 1215285
5283
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5201
5265
5252
5245
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GoodyGoodyLiquors
Firest one
MethodistUrgentCare
ServiceKing
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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 . SUP22-0001 - Project Nam e: Brewpu b at Urban 8 - SUP
SUP2 2 -00 0 1 B rew pu b Urb an 8
Busi ne ss Pa rk
SubjectArea
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022 - ________
SPECIFIC USE PERMIT (SUP) – NEW HOPE RANCH INVESTMENTS, LTD.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO
ALLOW A BREW PUB TO MANUFACTURE, BREW, BOTTLE, CAN,
PACKAGE, LABEL, DISTRIBUTE AND SELL OF MALT LIQUOR, ALE,
BEER, WINE, LIQUOR AND SUCH ACTIVITIES THAT ARE
INCIDENTAL THERETO, KNOWN AS NEW HOPE RANCH
INVESTMENTS, LTD. TO BE LOCATED AT 5265 STATE HIGHWAY
121, THE COLONY, TEXAS, CONTAINING A TOTAL AREA OF
APPROXIMATELY 8,400 SQUARE FEET, AND IS WITHIN THE
BUSINESS PARK (BP) ZONING DISTRICT AND THE GATEWAY
OVERLAY DISTRICT; 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, have given any requisite notices by publication and otherwise,
and have held due public hearings, and afforded a full and fair hearing to all property owners
generally, and to all persons interested, and is of the opinion and finds that Specific Use Permit
No. SUP22-0001 should be approved to allow a Brew Pub which will include the manufacture,
brew, bottle, can, package, label, distribute, and sale of malt liquor, ale, wine, liquor, and beer, and
such activities that are incidental thereto, known as New Hope Ranch Investments, Ltd., or related
entity, to be located at 5265 State Highway 121, The Colony, Texas 75056, and is within the
Business Park (BP) Zoning District and the Gateway Overlay District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Specific Use Permit to allow a Brew Pub for New Hope Ranch Investments, Ltd.,
located at 5265 State Highway 121, The Colony, Texas 75056, and is within the Business Park
(BP) Zoning District and Gateway Overlay District.
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 ofthis 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,
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sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation of this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 3
rd DAY OF MAY, 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
________________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Isaac Williams
Submitting Department: Engineering
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance for amendments to Planned Development -16
(PD-16) Ordinance No. 99-1129 and as amended by Ordinance No. 2014-2114 by modifying Exhibit C “Revised
Development Standards” for Tracts 2 and 3 of Tract B-4 as reflected in Ordinance No. 2014-2114 and Lot 7B,
Block A; Lot 3, Block A; and Lot 2, Block A of The Colony Center Addition within Tract B-1 as reflected in
Ordinance No. 2014-2114. The subject area contains approximately 19.86 acres and is located at the northwest
intersection of South Colony Boulevard and State Highway 121 within the Planned Development-16 District and
the Gateway Overlay District. (Williams)
Suggested Action:
please see the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations
Attachments:
PDA22-0002 Village at 121 Parking Reduction Staff Report (final for CC).doc
PDA22-0003.pdf
2022-03-08 Explanation Letter - Parking Reduction.pdf
2022-03-07 LETTER OF INTENT Parkng Reduction Colony Center.pdf
Ordinance Amendment to PD 16 for parking reduction-epv rev (final).docx
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CITY COUNCIL REPORT
AGENDA DATE:May 3, 2022
DEPARTMENT:Development Services Department
PDA22-0003, Parking Reduction- PD16 Planned Development Amendment
Conduct a public hearing, discuss and consider an ordinance for amendments to Planned
Development -16 (PD-16) Ordinance No.99-1129 and as amended by Ordinance No. 2014-2114 by
modifying Exhibit C “Revised Development Standards” for Tracts 2 and 3 of Tract B-4 as reflected
in Ordinance No. 2014-2114 and Lot 7B, Block A; Lot 3, Block A; and Lot 2, Block A of The
Colony Center Addition within Tract B-1 as reflected in Ordinance No. 2014-2114. The subject
area contains approximately 19.86 acres and is located at the northwest intersection of South
Colony Boulevard and State Highway 121 within the Planned Development-16 District and the
Gateway Overlay District.
OWNER/APPLICANT
Owner:Ron Aveneri Dallas, Texas
Applicant:L. Lynn Kadleck Plano, Texas
EXISTING CONDITION OF PROPERTY
Partially developed with mixed commercial establishments.
BACKGROUND
Planned Development 16 (PD-16) setforth the development standards of an approximately 260-acre
zoning district bound by SH 121 to the South, Memorial Drive to the North, Paige Road to the West
and the BNSF Railroad to the East. The planned development PD-16 is divided into Tracts A, B, C,
D and E with land uses permitted within the Business Park (BP) and General Retail (GR) district.
The area is mostly developed, with some vacant areas left within Tracts B, D and E.
Tracts to the east within Planned Development 16 (PD-16) received a similar parking reduction
intended to facilitate commercial development. The eastern portion is currently developed with
multiple buildings containing a variety of uses including retail, restaurant, personal services, and
child care.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On April 12, 2022, The Planning and Zoning Commission voted (4-0) to recommend approval of
request for a Planned Development Amendment to allow a parking reduction of 33% for Tracts 2
and 3 of Tract B-4 as reflected in Ordinance No. 2014-2114 and Lot 7B, Block A; Lot 3, Block A;
and Lot 2, Block A of The Colony Center Addition within Tract B-1 as reflected in Ordinance No.
2014-2114 with the condition that the property owner establish shared parking agreements as
needed.
PROPOSED REQUEST
The subject site is partially development with a mix of commercial development include big box
retail, small standalone retail and fast-food drive-thru restaurant. The applicant has not identified a
specific development to occupy the remaining vacant parcels however, to be consistent with the
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eastern tracts within the Planned Development 16 (PD-16) and accommodate future development
the applicant requests a reduction in the required parking by 33%.
CONSIDERATIONS
1.The subject site is governed by the regulations of Planned Development 16 (as amended) and
the Comprehensive Zoning Ordinance. The uses permitted on the tracts include all uses
permitted in the General Retail (GR) and Business Park (BP) District.
2.As stated by Ordinance No 2014-2114 Restaurant uses within the development require one (1)
parking space per 100 square-foot of gross floor area. Retail shopping center uses [in
accordance with Section 10] require one (1) space for every 250 square feet of gross floor area.
3.The applicant states:
“The subject property will be developed as retail uses with a mix of tenants for retail and
restaurant. It is desired to maximize the allowed building area for the uses. A parking
reduction is needed to accomplish this yet still allow sufficient parking for the development.”
4.The applicant estimates an approximately 227,500 square feet of building could be constructed
on the land area. Potentially 50% of the future development could be dedicated to general retail
uses; 50% of the area dedicated to restaurant or entertainment uses. Then based on the current
parking requirements for general retail and restaurant uses, the site would need to
accommodate for approximately 2,800 parking spaces. 2,800 parking spaces accounts for
approximately 10.5 acres. As proposed, a reduction of 33% could lower the parking
requirement to better accommodate future development. The applicant assesses that more land
dedicated to parking yields smaller buildable areas and fewer viable tracts for development.
Further, the applicant intends to establish shared parking agreements between all parcels and
the parking reduction, makes utilization of the buildable sites and parking spaces more
achievable, without having the “sea” of underutilized parking.
NOTIFICATION
A notice of public hearing was published in the local newspaper on April 1, 2022 a minimum of 15
days prior to the public hearing. In addition, Zoning Ordinance also requires notification of property
owners located within 200 feet of the subject property a minimum of 15 days prior to the public
hearing; public hearing notices were mailed to adjacent property owners on April 1, 2022 No
responses either for or against the Planned Development Amendment were received as of printing
of this packet.
DEVELOPMENT REVIEW COMMITTEE REVIEW
Staff has no objection to the request as proposed for a Planned Development Amendment to allow a
parking reduction of 33% for Tracts 2 and 3 of Tract B-4 as reflected in Ordinance No. 2014-2114
and Lot 7B, Block A; Lot 3, Block A; and Lot 2, Block A of The Colony Center Addition within
Tract B-1 as reflected in Ordinance No. 2014-2114.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On April 12, 2022, The Planning and Zoning Commission voted (4-0) to recommend approval of
request for a Planned Development Amendment to allow a parking reduction of 33% for Tracts 2
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and 3 of Tract B-4 as reflected in Ordinance No. 2014-2114 and Lot 7B, Block A; Lot 3, Block A;
and Lot 2, Block A of The Colony Center Addition within Tract B-1 as reflected in Ordinance No.
2014-2114 with the condition that the property owner establish shared parking agreements as
needed.
ATTACHMENTS
1. Location Map
2. Proposed Amending ordinance exhibits
3. Written Narrative and Letter of intent
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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 . PDA 22-0003 - Project Name: Village 121 Parkin g Redu ct ion
Col on y Ce nt er Ad dn L o ts
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TBPLS Firm No. 10074301
March 30, 2022
WPS No: 0024512.00
Planning Department
6800 Main Street
The Colony, Texas 75056
Re:AMENDMENT TO ORDINANCE NUMBER 99-1129 FOR PD-16, AS AMENDED BY
ORDINANCE NUMBER 2014-2114 FOR PARKING REDUCTION ON PART OF TRACT B
COLONY CENTER ADDITION
The Colony, Texas
To Whom It May Concern:
Please accept this letter as evidence of the intent of the applicant to submit plans for the development of this
project, described in more detail below.
The subject property is located in the northwest quadrant of State Highway 121 and South Colony Boulevard.
The subject property is within Tract B as designated in the Ordinance for Business Park. The subject property
consists of 19.8581 acre of and being Lots 2, 3 and 7B, Block A of Colony Center Addition and a 3.214 acre and
a 1.2091 acre tracts (proposed Lots 8 and 9, Block A of Colony Center Addition). The subject property is vacant
except for a surface parking area located on Lot 7B and access drives located on Lots 2 and 3 and the 3.2214
acre and 1.2091 acre tracts. See the attached survey of the properties.
As has been proven with other developments, there is excess parking when doing larger retail spaces. This has
been acknowledged by the cities and a reduction has been allowed, more specifically, the City of the Colony
has done this on other developments. This has been done to avoid the massive parking lot where all the spaces
are not utilized since the parking ratios assume all retail space is fully occupied with workers and customers.
This has resulted in, and proven to be over parking the developments.
The subject property will be developed as retail uses with a mix of tenants for retail and restaurant. It is
desired to maximize the allowed building area for the uses. A parking reduction is needed to accomplish this
yet still allow sufficient parking for the development. Other projects In the area have utilized a reduction in
parking of 33% without negative results. With a 33% reduction for the subject property, it is estimated that
there could be approximately 227,500 square feet of building constructed on the land area. If 50% of this is
general retail (assuming 1 space per 250 square feet) and 50% is restaurant and entertainment (assuming 1
space per 100 square feet) , there would be a requirement for 1,593 spaces (455 spaces for retail and 1,138
spaces for restaurant and entertainment). With a parking reduction of 33%, there would be a requirement for
1,067 spaces. With the existing layout of the subject property, there is an existing parking area constructed
with 454 spaces. With development of the remaining parcels and with a 33% reduction, there would be a need
to construct an additional 608 spaces versus 1,139 additional spaces without the reduction, which is an
extreme amount of parking.
With the smaller parcels It becomes difficult to maximize the buildable area and meet the existing parking
ratios. With use of a shared parking agreement between all parcels and the parking reduction, it makes
utilization of the buildable sites and parking spaces more achievable, without having the sea of parking
121
TBPLS Firm No. 10074302
underutilized. Therefore, this is a request for a thirty three percent (33%) reduction of the required parking
on the subject property.
The request applicant is Westwood Professional Services. Representative L. Lynn Kadleck can be reached at
(214) 473-4642.
If you have any questions regarding the above items, or need any additional information, please call me at
your convenience. We appreciate this opportunity to work with you.
Sincerely,
L. Lynn Kadleck, P.E.
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LETTER OF INTENT
AMENDMENT TO ORDINANCE 99-1129
FOR PD-16 AS AMENDED BY ORDINANCE NO. 2014-2114
FOR PARKING REDUCTION OF TRACTS WITHIN TRACT B
BEING
LOTS 2, 3, AND 7B, BLOCK A, COLONY CENTER ADDITION AND A
3.2214 ACRE AND 1.2091 ACRE TRACTS BEING PROPOSED LOTS 8
AND 9, BLOCK A, COLONY CENTER ADDITION
An amendment to Ordinance number 99-1129 which created PD-16, as amended by
Ordinance Number 2014-2114, is requested to allow a 33% parking reduction for the
certain tracts of land within Tract B described in the ordinance, said tract being Lots 2, 3
and 7B, Block A of Colony Center Addition, a 3.2214 acre and 1.2091 acre tract
(proposed Lots 8 and 9, Block A of Colony Center Addition). A copy of the survey for
these parcels is attached to the Draft of the PD Amendment.
This Amendment will control over any conflicts between the provisions of all other
ordinances and this ordinance for PD-16 and amendments thereto. If there are sections
of the ordinance for PD-16 that might conflict with this amendment, any provision
stipulated in the ordinance for PD-16 will be controlled by this amendment request. In
particular, Section 4, pertaining to the Comprehensive Zoning Ordinance and Section 8,
pertaining to the Comprehensive Plan of the City.
This amendment will control over any conflict with the Development Guidelines of the
SH-121 Corridor as adopted by Resolution No.9612 on July 1, 1996.
This amendment will control over any conflict with the Gateway Overlay District
Regulations, Ordinance No. 2013-2002, adopted May 7, 2013.
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022-____
PD-16 TEXT AMENDMENTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE AND MAP OF THE CITY OF THE COLONY, TEXAS, AS
HERETOFORE AMENDED, BY REVISING DEVELOPMENT
STANDARDS ON AN APPROXIMATELY 19.86 ACRE TRACT OR
TRACTS OF LAND WITHIN PLANNED DEVELOPMENT NO. 16 (PD-16),
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” AND
DEPICTED ON EXHIBIT “B,” WHICH ARE ATTACHED HERETO AND
INCORPORATED HEREIN, BY REVISING THE PARKING
STANDARDS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Council for the City of The Colony, Texas (“City Council”)
approved the Planned Development zoning for PD-16 on or about July 26, 1999; and
WHEREAS,the applicant has made a request for approval of an amendment to the
development plan which includes deviating from the City’s standards on certain development
regulations; and
WHEREAS,after discussion and consideration, the City Council has determined that the
Revised Development Standards for PD-16, which is attached hereto and incorporated herein by
reference, should be approved; and
WHEREAS, the City 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 pursuant to the
Comprehensive Zoning Ordinance of the City of the Colony, Texas, have given requisite notices
by publication and otherwise, and after holding due hearings and affording a full and fair hearing
to all property owners generally, and to all persons interested and situated in the affected area and
in the vicinity thereof, the City Council of the City of the Colony, Texas, is of the opinion and
finds that these text amendments in the form of Revised Development Standards related to parking
in certain areas of PD-16 should be approved, and in the exercise of legislative discretion has
concluded that the Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of The
Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore
amended, be and the same is hereby amended to grant a change in the parking development standards,
124
a copy of which is attached hereto as Exhibit C, for an approximately 19.86 acre tract or tracts of land
within Planned Development No. 16 (PD-16), being more particularly described in Exhibit A, and
depicted in Exhibit B, copies of which are attached hereto and incorporated herein for all purposes.
SECTION 2.That this Planned Development shall be developed and used only in
accordance with the Comprehensive Zoning Ordinance and Ordinance No. 99-1129, PD-16, as
amended, and as amended herein by Exhibit C, which is attached hereto and incorporated herein
for all purposes, for said 19.86 acre tract or tracts of land within Planned Development No. 16 (PD-
16).
SECTION 3.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 4.That the Comprehensive Zoning Ordinance of the City of The Colony, Texas,
as amended, and Ordinance No. 99-1129, as amended, shall remain in full force and effect, save and
except as amended by this Ordinance.
SECTION 5. 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 6. 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.
DULY PASSED by the City Council of the City of The Colony, Texas, this the ____ day of
________________ , 2022.
APPROVED:
_____________________________________
Richard Boyer, Mayor
ATTEST:
_____________________________________
Tina Stewart, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeff Moore, City Attorney
125
EXHIBIT “A”
LEGAL DESCRIPTION
BEING Lot 2, Block A of Colony Center Addition, an addition to the City of The Colony,
Denton County, Texas as recorded in Document Number 2015-334, Plat Records of Denton
County, Texas.
AND
BEING Lot 3, Block A of Colony Center Addition, an addition to the City of The Colony,
Denton County, Texas as recorded in Document Number 2015-335, Plat Records of Denton
County, Texas.
AND
BEING Lot 7B, Block A, of Colony Center Addition, an addition to the City of The Colony,
Denton County, Texas as recorded in Document Number 2019-68, Plat Records of Denton
County, Texas.
AND
TRACT 3 – PROPOSED LOT 9 DESCRIBED AS BEING a 1.2091 acre tract of land in
the B.B.B. & C.C.R. Survey, Abstract No. 174, The Colony, Denton County, Texas as
conveyed to LunaCrossing, LLC by deed recorded in Instrument No. 30303, Official Public
Records of Denton County, Texas, and being more particular described as follows:
Commencing at a point at the east end of a corner clip right of way dedication at the
intersection of the southwest line of South Colony Boulevard (a 112 foot right of way) with
the southeast line of Memorial Drive (a 120 foot right of way), said point being the
northeast corner of Lot 6, Block A, Colony Center Addition according to the plat thereof
recorded in Document Number 2015-312 of the Official Public Records of Denton County,
Texas and said point the beginning of a curve to the right with radius of 3,984.80 feet, a
central angle of 04 degrees 04 minutes 41 seconds, a chord bearing of South 39 degrees 44
minutes 30 seconds East and a chord distance of 280.09 feet;
-Southeasterly, along said curve and along the suthwest line of South Colony
Boulevard, an arc distance 280.15 feet the Point of Beginnning of said described
tract;
THENCE, Southeasterly, continuing with said curve to the right with a radius of 3,894.80
feet, and along the southwest line of South Colony Boulevad, through a central angle of 02
degrees 56 minutes 03 seconds, a chord bearing of South 36 degress 15 minutes 37 seconds
East and a chord distance of 204.04 feet, an arc distance of 204.06 feet to a point;
THENCE, South 60 degrees 44 minutes 23 seconds West, departing the southwest line of
South Colony Boulevard, a distance 310.14 feet to a point;
126
THENCE, North 29 degrees 15 minutes 33 seconds West, a distance of 147.85 feet to a
point;
THENCE, North 49 degrees 53 minutes 30 seconds East, a distance of 290.46 feet to the
Point of Beginning and containing 1.2091 acres of land, more or less.
AND
TRACT 2 – PROPOSED LOT 8 DESCRIBED AS BEING a 3.2214 acre tract of land in
the B.B.B. & C.C.R. Survey, Abstract No. 174, The Colony, Denton County, Texas as
conveyed to LunaCrossing, LLC by deed recorded in Instrument No. 30303, Official Public
Records of Denton County, Texas, and being more particular described as follows:
Commencing at a point at the east end of a corner clip right of way dedication at the
intersection of the southwest line of South Colony Boulevard (a 112 foot right of way) with
the southeast line of Memorial Drive (a 120 foot right of way), said point being the
northeast corner of Lot 6, Block A, Colony Center Addition according to the plat thereof
recorded in Document Number 2015-312 of the Official Public Records of Denton County,
Texas and said point the beginning of a curve to the right with a radius of 3,984.80 feet, a
central angle of 06 degres 57 minutes 44 seconds, a chord bearing of South 38 degrees 16
minutes 28 seconds East and a chord distance of 483.91 feet;
-Southeasterly, along said curve and along the southwest line of South Colony
Boulevard, an arc distance 483.91 feet the Point of Beginnning of said described
tract;
-
THENCE, Southeasterly, continuing with said curve to the right with a radius of 3,894.80
feet, and along the southwest line of South Colony Boulevard, through a central angle of 04
degrees 47 minutes 05 seconds, a chord bearing of South 32 degress 24 minutes 03 seconds
East and a chord distance of 332.68 feet, an arc distance of 332.77 feet to a point;
THENCE, South 60 degress 44 minutes 27 seconds West, departing the southwest line of
South Colony Boulevard, a distance 429.24 feet to a point;
THENCE, North 29 degrees 15 minutes 33 seconds West, a distance of 322.17 feet to a
point;
THENCE, North 49 degrees 53 minutes 30 seconds East, a distance of 411.01 feet to the
Point of Beginning and containing 3.2214 acres of land, more or less.
127
EXHIBIT “B”
SITE EXHIBITS
128
EXHIBIT “C”
REVISED DEVELOPMENT STANDARDS
1. For Tracts 2 and 3 of Tract B-4 as reflected in Ordinance No. 2014-2114 and Lot 7B, Block
A; Lot 3, Block A and Lot 2, Block A of the Colony Center Addition within Tract B-1, as
reflected in Ordinance No. 2014-2114, in Planned Development No. 16 (PD-16), the
overall parking ratio shall be reduced by up to thirty-three percent (33%) of the
requirements listed for each land use in the Zoning Ordinance. The exact parking ratios
will be determined at the time of the City Council approval of the Site Plans.
2. Each business and tenant in the subject tracts listed above shall enter into shared parking
agreements to ensure sufficient parking availability for each business/tenant for approval
as part of the Site Plan(s)
129
Agenda Item No:5.4
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance approving a detailed map establishing
Single-Member District boundaries for City Council Places 3 through 6. (Holtz)
Suggested Action:
Attachments:
2020_CouncilDistricts_Option1.pdf
2020_CouncilDistricts_Option2_RevA.pdf
2020_CouncilDistricts_Option3.pdf
Ord. 2022-xxxx Single Member District Boundary Map for Places 3-6.docx
130
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D i stri ct P opulati on Target D i fference D evi ati on W hit e B lac k A m_I nd A s ian P ac _I s le Ot her Two_Rac ePlace 3 11723 11133 590 5.30%6435 1508 64 1651 8 588 1469Place 4 10544 11133 -589 -5.29%6820 847 68 874 8 489 1438Place 5 11370 11133 237 2.13%6497 1116 135 1075 14 978 1555Place 6 10897 11133 -236 -2.12%5998 991 143 336 12 1557 1860Total P opulati on 44534
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DIS CL AI ME R:Thi s m ap w as gen er ate d b y G IS d ata pr ovi dedby T he Co lon y GIS D ep artm e nt. T he Ci ty o f T he Co lon y d oe s n ot g ua ra nte e t he cor rec tne ss or acc ura cy of an y fe at ure s o n t his m ap. The se m approducts are fo r il lus tra tion pu rp ose s onl y a nd are no t s uita ble fo r s ite -sp eci fic de cisi on ma kin g.GIS d ata is sub je ct t o c on sta nt c ha ng es , an d ma y n ot be com p lete , a cc ura te or c ur ren t.Da te S av ed : 4 /26 /20 22 11:13:26 AMDocument N am e: Ce ns us Pl an Ori gin alDistrictsUnassignedPlace 3 - Br ia n Wad e Pla ce 4 - Da vid Te rre Pla ce 5 - Pe rr y Sch ra g Pla ce 6 - Jo el Ma rks Cit yLi mit s ^Cou n cil Me mb er s
D i stri ct P opulati on Target D i fference D evi ati on W hit e B lac k A m_I nd A s ian P ac _I s le Ot her Two_Rac ePlace 3 10606 11133 -527 -4.73%5680 1341 68 1630 7 542 1338Place 4 11408 11133 275 2.47%7235 921 79 920 13 631 1609Place 5 11072 11133 -61 -0.55%6364 1192 107 1077 13 822 1497Place 6 11448 11133 315 2.83%6471 1008 156 309 9 1617 1878Total P opulati on 44534
D i stri ct P opulati on Target D i fference D evi ati on W hit e B lac k A m_I nd A s ian P ac _I s le Ot her Two_Rac ePlace 3 10734 11133 -399 -3.58%5738 1359 68 1669 7 542 1351Place 4 10954 11133 -179 -1.61%7013 920 77 887 8 547 1502Place 5 11254 11133 121 1.09%6489 1186 110 1044 12 872 1541Place 6 11592 11133 459 4.12%6510 997 155 336 15 1651 1928Total P opulati on 44534
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133
CITY OF THE COLONY, TEXAS
ORDINANCE NO.2022 - _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A DETAILED MAP ESTABLISHING
SINGLE-MEMBER DISTRICT BOUNDARIES FOR CITY COUNCIL
PLACES 3 THROUGH 6; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 2.03(a) of the City of The Colony, Texas, Home-Rule Charter
provides that “(f)our (4) members of the city council, places 3, 4, 5 and 6 shall be residents of and
elected by the qualified voters of single-member geographical districts of the city, as such districts
may from time to time be determined by the city council and created and described by ordinance.
Places 1 and 2 and the mayor shall be elected by the qualified voters of the entire city, commonly
known as at-large;” and
WHEREAS,Section 2-1 of the City of The Colony, Texas, Code of Ordinances provides
in, pertinent part, that “[s]aid single member geographical district boundaries shall be as
established from time to time by ordinance. The ordinance creating these four districts shall remain
on file in the office of the city secretary;” and
WHEREAS,the City Council for the City of The Colony, Texas, desires to approve this
Ordinance providing further detail of the City Council Single-Member district boundaries for City
Council Places 3 through 6.
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 for the City of The Colony, Texas, does hereby
approve a detailed map establishing the City Council Single-Member district boundariesfor Places
3 through 6, 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
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and
effect.
134
Page 2
SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect.
SECTION 5. This Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 3
rd DAY OF MAY, 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
135
Page 3
Exhibit A
Depiction
of
City of The Colony District Boundary Map
136
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
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).
Suggested Action:
Attachments:
137
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
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).
Suggested Action:
Attachments:
138