HomeMy WebLinkAbout2022 1115Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Kimberly Thompson
Submitting Department: Library
Item Type: Presentation
Agenda Section:
Subject:
Receive presentation from the Library regarding upcoming events and activities. (Charters)
Suggested Action:
Attachments:
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Agenda Item No:3.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Council to provide direction to staff regarding future agenda items. (Council)
Suggested Action:
Attachments:
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Agenda Item No:4.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes for November 1, 2022. (Stewart)
Suggested Action:
Attachments:
November 1, 2022 DRAFT Minutes.docx
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1 These items are strictly public service announcements. Expressions of thanks, congratulations or condolences; information
regarding holiday schedules; honorary recognition of city officials, employees or other citizens; reminders about upcoming
events sponsored by the City or other entity that are scheduled to be attended by a city official or city employee. No action
will be taken and no direction will be given regarding these items.
MINUTES OF THE CITY COUNCIL REGULAR SESSION
HELD ON
NOVEMBER 1, 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 1
st day of November 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, Deputy Mayor Pro Tem
David Terre, Councilmember
Perry Schrag, Councilmember
Joel Marks, Mayor Pro Tem
Present
Present
Present
Present
Present
Present
Present
And with 7 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.
Councilman Schrag arrived at 6:31 p.m.
1.2 Invocation
Councilmember Holtz delivered the invocation.
1.3 Pledge of Allegiance to the United States Flag
The Pledge of Allegiance to the United States Flag was recited.
1.4 Salute to the Texas Flag
Salute to the Texas Flag was recited.
1.5 Proclamation recognizing National Animal Shelter Appreciation week.
Mayor proclaimed November 6 - 12, 2022 as "National Animal Shelter
Appreciation Week." Animal Shelter Manager, Mark Cooper, accepted the
proclamation.
1.6 Items of Community Interest
1.6.1 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
Special Events Supervisor, Lindsey Stansell, provided upcoming events and
activities to the Council.
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City Council – Regular Meeting Agenda
November 1, 2022
Page| 2
2.0 CITIZEN INPUT
None.
3.0 WORK SESSION
3.1 Discussion on Oncor service issues within The Colony.
City Manager, Troy Powell, discussed this item with the Council regarding
outages.
3.2 Discussion on LPGA Council Liaison Group.
City Manager, Troy Powell, discussed a suggestion to form a Council Liaison
Group, comprised of himself, Mariko Lanicek and Councilmembers Ensweiler,
Holtz and Wade, to work alongside the LPGA and Outlyr to expand future
tournaments.
3.3 Council to provide direction to staff regarding future agenda items.
None.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item Nos
4.5, 4.6, 4.7 and 4.8- Marks; second by Holtz, motion carried with all ayes.
4.1 Consider approving City Council Regular meeting minutes from October 18, 2022.
4.2 Consider approving a resolution authorizing the City Manager to execute a contract
with the U.S. Army Corps of Engineers allowing for maintenance to the Shoreline
trail.
RESOLUTION NO. 2022-072
4.3 Consider approving a resolution authorizing the City Manager to execute a
professional services contract with TDC2, LLC in the amount of $553,236.53 for a
fiber infrastructure project.
RESOLUTION NO. 2022-073
4.4 Consider approving a resolution authorizing the City Manager to execute a
professional services and software agreement with MCCi, LLC for Laserfiche
document management software in the amount of $57,933.56 with recurring annual
maintenance fees of $20,662.50.
RESOLUTION NO. 2022-074
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City Council – Regular Meeting Agenda
November 1, 2022
Page| 3
4.5 Consider approving a resolution authorizing the City Manager to award a bid to
Holiday Chevrolet (Defender Supply), Whitesboro, TX in the amount of
$331,000.00 for replacement police vehicles.
Motion to approve- Terre; second by Holtz, motion carried with all ayes.
RESOLUTION NO. 2022-075
4.6 Consider approving a resolution authorizing the City Manager to award a bid to
Holiday Chevrolet (Defender Supply), Whitesboro, TX in the amount of
$508,000.00 for new addition police vehicles.
Motion to approve- Terre; second by Holtz, motion carried with all ayes.
RESOLUTION NO. 2022-076
4.7 Consider approving a resolution authorizing the City Manager to accept a Bullet-
Resistant Shield Grant through the Texas Office of the Governor to purchase
additional bullet resistant shields for each police patrol vehicle in the amount of
$32,000.00.
Motion to approve- Marks; second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2022-077
4.8 Consider approving a resolution authorizing the City Manager to execute a Lease
Agreement with The Colony Chamber of Commerce for a space in the Trinity North
Building for the Fiscal Year 2022-23.
Motion to approve- Marks; second by Ensweiler, motion carried with all ayes.
RESOLUTION NO. 2022-078
4.9 Consider approving a resolution authorizing the City Manager to execute an
Engineering Services Contract in the amount of $ 77,400.00 with Halff Associates,
Inc. to prepare construction plans and specifications for the Phase 13B Concrete
Street Repair project.
RESOLUTION NO. 2022-079
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City Council – Regular Meeting Agenda
November 1, 2022
Page| 4
4.10 Consider approving a resolution authorizing the City Manager to execute an
Engineering Services Contract in the amount of $ 56,500.00 with Walter P. Moore
and Associates, Inc. to prepare construction plans and specifications for Bridge
Culvert Repair at Paige Road and Memorial Drive.
RESOLUTION NO. 2022-080
5.0 REGULAR AGENDA ITEMS
5.1 Discuss and consider an ordinance approving the Site Plan application of
“Mavericks,” an approximately 14,321 square-foot dance hall within the Lifestyle
Center of Grandscape. The subject site is located at the southwest corner of the
intersection of Grandscape Blvd and Destination Drive in the NFM-Grandscape
Planned Development (PD25).
Planning Director, Isaac Williams, gave an overview of this item.
Representative, Darren Van Delden, answered questions from the Council
relative to the item.
Motion to approve –Wade; second by Ensweiler, motion carried with all ayes.
ORDINANCE NO. 2022-2495
Executive Session was convened at 7:27 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 7:53 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).
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 7:53 p.m.
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City Council – Regular Meeting Agenda
November 1, 2022
Page| 5
APPROVED:
__________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
_____________________________________
Tina Stewart, TRMC, CMC, City Secretary
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Agenda Item No:4.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for August and September 2022. (Council)
Suggested Action:
Attachments:
Council Expenditures August September.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Marlisa Jemison
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a contract with NGU Sports Lighting,
LLC for the purchase and installation of LED lights in the amount of $140,000.00 at Pawsome Playground Dog
Park to be funded by the Community Development Corporation through the Sourcewell purchasing cooperative.
(Jemison)
Suggested Action:
Staff recommends approval of this item.
Attachments:
Ngu Sports Lighting Memo - Council.doc
OOBTHECOLONYPAWSOME.11.1.22.pdf
Res. 2022-xxx NGU Sports Lighting LLC contract.doc
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1
Parks and Recreation
Memo
To:Mayor & Council
From:Marlisa Jemison, Parks Manager
CC:Troy Powell, City Manager
Jackie Kopsa, Community Services Director
Date:11/4/2022
Re:NGU Sports Lighting Contract for Dog Park Light Replacement
The Parks & Recreation Department would like to execute a contract with NGU Sports Lighting, LLC for
the installation of LED lighting at Pawsome Playground Dog Park.
NGU Sports Lighting will reutilize 4 existing light poles already at the park and install 1 additional pole.
Two of the existing light poles are on the outside of the large dog side of the park, while the other two
are on the inside of the same side. Currently the only light on the small dog side is from minimal spill
light. The new light pole will be installed inside the large dog side, but will face the small dog side. This
will take advantage of the current spill light and provide enough lighting to cover the rest of the area,
while avoiding the power lines on the backside of the small dog side.
NGU Sports Lighting will provide removal of the existing light fixtures and replace them with Lumasport
8-640 watt LED fixtures. For the new light pole, NGU will provide the pole, conduit, and electrical run to
the panel box in addition to the LED fixtures. The LED light fixtures come with a 10-year warranty. The
controls for the lights will be through an AirMesh hub, allowing staff wireless capability to adjust the
lights as well as being able to adjust them on site. The total for installation will be $140,000 through the
Sourcewell purchasing cooperative.
These new LED light fixtures will help to both assuage the concerns from residents behind the dog park
about light spill as well as the concerns from dog park visitors who use the small dog side and have
little visibility past sunset due to the lack of light. NGU Sports Lighting has provided light spill
calculations for the LED fixtures. The highest level along the backside of the dog park, where concerns
had arisen about the spill light, is 0.6 Fc, a negligible amount.
The lead time for the light fixtures and AirMesh hub is 6 weeks, while the lead time for the new pole is
10-12 weeks.
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - ___________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH NGU SPORTS LIGHTING, LLC FOR THE
PURCHASE AND INSTALLATION OF LED LIGHTS AT
PAWSOME PLAYGROUND DOG PARK FROM THE
COMMUNITY DEVELOPMENT CORPORATION THROUGH
THE SOURCEWELL PURCHASING COOPERATIVE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that it is in the best interest of the
citizens to execute a contract with NGU Sports Lighting, LLC for the purchase and
installation of LED lights at Pawsome Playground Dog Park in the amount of
$140,000.00; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1.That the City Council of the City of The Colony, Texas hereby
approves the purchase and installation of LED lights in the amount of $140,000.00 at
Pawsome Playground Dog Park.
Section 2.That the purchase shall be funded by the Community Development
Corporation through the Sourcewell Purchasing Cooperative.
Section 3.That the City Manager is authorized to issue appropriate purchase
order(s).
Section 4.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 15TH DAY OF NOVEMBER 2022.
______________________________
Richard Boyer, Mayor
ATTEST:City of The Colony, Texas
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
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APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
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Agenda Item No:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Molly Owczar
Submitting Department: Customer Services
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to amend Zone 5 water utility rates in relation to
the agreement between the City of Plano and The City of The Colony. (Owczar)
Suggested Action:
As of November 1, 2022, the purchase rate will increase .44 cents per thousand gallons of water.
Attachments:
Plano Water Purchase Rate Letter.pdf
Res. 2022-xxx Amendment of Zone 5 water utility rates.doc
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2022 - __________
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AMENDING RESOLUTION NO. 2022-060 ADOPTION OF THE MASTER
FEE SCHEDULE, BY AMENDING THE ZONE 5 WATER UTILITY
RATES IN RELATION TO THE AGREEMENT BETWEEN THE CITY
OF PLANO AND THE CITY OF THE COLONY; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on July 13, 1998 the City of The Colony entered into an agreement with
the City of Plano to provide potable water service to a portion of the City of The Colony; and
WHEREAS,per the agreement and under Section II(B)(1), the City of The Colony
agrees to pay the City of Plano the rate of one and one-tenth (1.1) the amount Plano pays for its
water from North Texas Municipal Water District (NTMWD) based on one thousand gallons of
water.
WHEREAS,as of November 1, 2022, the new rate for the City of The Colony will be
$3.73 per one thousand gallons of potable water; and
WHEREAS, the City of The Colony adopted the Master Fee Schedule for Fiscal Year
2022-2023 by Resolution No. 2022-060, passed and approved on the 6
th day of September 2022;
and
WHEREAS, the City desires to amend the 2022-2023 Master Fee Schedule, providing
for new fees and fee amendments for the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS THAT:
Section 1. Resolution No. 2022-060, as amended to reflect the updated Zone 5 water
utility rates for the Austin Ranch apartments only, be incorporated as the Master Fee Schedule.
Section 2. That all provisions of any resolution of the City Council of the City of The
Colony in conflict with the provisions of this resolution be, and the same are hereby, repealed,
and all other provisions not in conflict with the provisions of this resolution shall remain in full
force and effect.
Section 3. That this resolution shall take effect immediately from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 15TH DAY OF NOVEMBER 2022.
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_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
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Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Toni Knier
Submitting Department: Public Safety Dispatch
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a professional services, hardware and
software contract with Motorola Solutions, Inc. in the amount of $607,268.00 for the upgrade and expansion of
the 911 dispatch console radio system with recurring maintenance fees averaging $127,000.00 per year.
(Knier)
Suggested Action:
Attachments:
Public Safety Dispatch Radio Project Background.docx
The Colony Consoles Proposal 092122_Final_Signed_Revised_10_31_2022.pdf
Res. 2022-xxx Motorola Solutions Inc. contract.doc
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Public Safety Dispatch Radio Project Background
This is a budgeted item
The contract has been reviewed and approved by the City Attorney
Public Safety Dispatch currently has three radio consoles which are used to
communicate with officers for 911 and other emergency calls
The dispatch radio consoles and are interfaced with the PAWM (Plano, Allen, Wylie and
Murphy) regional radio system
The existing Public Safety Dispatch radio system has been in use since 2010, went end of
life in 2020 and will be at end of support in 2028. Software upgrades are no longer
available for the three consoles
Dispatch added a fourth dispatch workstation to handle the increased 911 call volume;
however, a radio console was not included as it is not possible with the age of the
current system
A major feature upgrade “Console Priority” will allow dispatchers to override all radio
traffic which is critical during time sensitive events
Currently dispatchersmust wait till radio traffic has stopped before they can speak
This upgrade includes setting up the new dispatch radio system with redundancy which
is not currently in place
Major project goals include the following:
Three console upgrades including all related equipment and hardware
One additional radio console for a total of four to match the number of dispatch
positions
Upgrade existing software from version 7 to version 22
ASTRO connectivity services which provide for a direct fiber and backup LTE
connection from The Colony’s radio system to the PAWM regional radio system
This is a 24/7 monitored service with onsite response and is fully
supported end to end by Motorola
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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 PROFESSIONAL SERVICES, HARDWARE AND
SOFTWARE CONTRACT WITH MOTOROLA SOLUTIONS, INC. FOR
THE UPGRADE AND EXPANSION OF THE 911 DISPATCH CONSOLE
RADIO SYSTEM; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of The Colony, Texas, has determined that it is in the best interest
of the City to enter into a professional services, hardware and software contract with Motorola
Solutions, Inc. for the upgrade and expansion of the 911 dispatch console radio system; and
WHEREAS, with this agreement, the City of The Colony is agreeing to pay $607,268.00
with recurring annual maintenance fees averaging $127,000.00 per year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section 1. The City Manager is hereby authorized to execute the
Contract on behalf of the City of The Colony, 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 15TH DAY OF NOVEMBER 2022.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
152
Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Tina Stewart
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to award a bid to Holiday Chevrolet (Defender
Supply), Whitesboro, TX in the amount of $77,000.00 for a new School Resource Officer vehicle with L.E.I.S.D.
(Coulon/Goodson)
Suggested Action:
Attachments:
Res. 2022-xxx New School Resource Officer vehicle with L.E.I.S.D. - Holiday Chevrolet.docx
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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 AWARD A BID TO
HOLIDAY CHEVROLET (DEFENDER SUPPLY), WHITESBORO, TX FOR A
NEW SCHOOL RESOURCE OFFICER VEHICLE WITH L.E.I.S.D.; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of The Colony, Texas, has determined that it is in the best
interest of the City to award a bid to Holiday Chevrolet (Defender Supply), Whitesboro,
TX for a new school resource officer vehicle with L.E.I.S.D. in the amount of $77,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
approves awarding a bid to Holiday Chevrolet (Defender Supply), Whitesboro, TX for a
new school resource officer vehicle with L.E.I.S.D.
Section 2.That the City Manager is authorized to accept the bid in the
amount of $77,000.00.
Section 3.That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS 15TH DAY OF NOVEMBER 2022.
_____________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
154
Agenda Item No:4.7
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Consider approving Mark Kiernan's resignation from Keep The Colony Beautiful Board. (Council)
Suggested Action:
Attachments:
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Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Reconsider and act upon the request for a Specific Use Permit (SUP) to allow a 115-foot (top of highest
appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Park). The subject lease area contains
approximately 1,250 Square feet and is located within the Single-Family 4 (SF-4) 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:
SUP22-0002 Locator Map.pdf
SUP22-0002 Exhibits.pdf
COLONY NORTH_VZW_Jurisdictional_EME_09.16.2022_PE.pdf
SUP22-0002_CC_Staff_Report_Verizon_Monopole_FINAL__reconsideration_.pdf
Ord. 2022-XXXX SUP22-0002-Verizon Monopole.docx
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UNDERWOODSTCOLUMBUSDRCEARY DRTR U IT T C I RTRUITTST
T E R R Y S T
S Q U I R E S D R
5637 5645
5821570157095717561656245632564056485700570858045716581256135621562976125701570957177616
7800
5612 770056205628563656445704571277045609561777085625563356415701570957177712
7716
5700
Infr aredCombatZone S F -4SF-4
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 . SUP22-0002 - Project Nam e: Verizo n 105ft mo nop ole
Ve rizo n 1 0 5f t Mo no po le
Sin gl e Fa mil y
Subj ectArea
157
Colony North (Location Code 503744)
Narrative
The project will entail installing an unmanned telecommunications tower and associated fenced
gravel compound for ground equipment. A concrete access drive will be installed branching off
from an existing concrete access drive that will lead to the fenced compound. There will be a
concrete turnaround area installed directly in front of the fenced compound. The chain-link
fence will be installed at a height of 8'. Privacy slats will be installed to match the adjacent park
fencing. The privacy slats will serve as the screening of the ground equipment in lieu of
traditional landscaping to reduce the maintenance requirements. This variance from the zoning
ordinance is at the request of the City of Colony Parks department. The tower will match the
finish/color of existing light poles within the park.
The project will fill in coverage gaps within Verizon's network -- see propagation maps. At the
request of the City, the tower and compound will be designed for only Verizon's equipment.
The backhaul provider for this site will be One Fiber/Verizon business. Existing co-locations
have been exhausted within the Verizon search ring. Initial plans to install on a nearby utility
company tower fell through.
The project is proposed to be installed on the BB Owen Sports facility/park owned by the City of
Colony. The existing zoning is SF-4/residential. Other attempts to install the proposed tower in
non-residential zoning districts have been rejected. The proposed tower is in a remote area of
the park that is not visible from the public street adjacent to a floodway and field. The adjacent
field and floodway will not be developed, so the tower will not have visual impacts to future
developments. Due to the remote location of the tower/compound, vehicle and pedestrian
traffic will be minimal. Upon completion of construction, Verizon's typical maintenance will be
once a month. Since the tower is unmanned and the location of the tower, there should not be
any impacts to persons and property from erosion, flood/water damage, fire, noise, glare, air
quality, dust/odor, and similar hazards.
During construction, erosion control measures will be installed to prevent silt from leaving the
site. The site will be stabilized as a part of construction to prevent erosion. The proposed
compound and access drive will essentially be installed at grade to avoid changing the existing
drainage pattern of stormwater runoff which drains east directly to Stewart Creek Tributary 1
which leads to Stewart Creek and outfalls into Lewisville Lake. The project is located adjacent to
a floodplain with a BFE of 561’ AMSL. All proposed equipment will be designed to be at least
(2) two feet above the adjacent BFE.
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1
CITY COUNCIL REPORT
AGENDA DATE: November 15th 2022 (Reconsidered from October 5th , 2022)
DEPARTMENT: Planning Department
SUBJECT: SUP22-0002 Verizon 115ft. Telecommunication Monopole
Reconsider and act upon the request for a Specific Use Permit (SUP) to allow a 115-foot (top of
highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Park). The subject
lease area contains approximately 1,250 Square feet and is located within the Single -Family 4
(SF-4) zoning district.
OWNER/APPLICANT
Owner: City of The Colony The Colony, TX
Applicant: Charlton Collum
Verizon Wireless Shertz, TX
EXISTING CONDITION OF PROPERTY
The subject site is the athletic facility known as B.B. Owen Sports Facility located at 570 0
Squires Drive. The B.B. Owen Sports Facility consists of baseball/softball fields, concessions,
laser tag course, parking and restrooms encompassing twenty acres.
ADJACENT ZONING AND LAND USE
North - City of Frisco – undeveloped land
South - SF-4 – Colony No. 21 Subdivision
East - City of Frisco – undeveloped land and single family homes
West - SF-4 – B.B. Owen Elementary School
PROPOSED DEVELOPMENT
The applicant requests Specific Use Permit (SUP) approval to allow the installation of a 115-foot
(top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Park). The
subject lease area contains approximately 1,250 square feet and is located within the Single -
Family 4 (SF-4) zoning district.
Overall, the project will entail installation of an unmanned telecommunications tower and
associated fenced gravel compound for ground equipment. A concrete access drive will be
installed branching off from an existing concrete access drive that will lead to the fenced
compound. There will be a concrete turnaround area installed directly in front of the fenced
compound. The chain-link fence will be installed at a height of 8 feet. Privacy slats will be
installed to match the adjacent park fencing. The privacy slats will serve as the screening of the
ground equipment in lieu of traditional landscaping to reduce the anticipated maintenance. The
tower will match the finish/color of existing light poles within the park in accordance with the
approval review provided by the City’s Parks Department.
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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
On August 23, 2022, the Planning and Zoning Commission voted (6-0) to recommend approval of
a Specific Use Permit (SUP) to allow a 115-foot (top of highest appurtenance) Verizon monopole
at 5700 Squires Drive (B.B. Owen Park). The applicant requested a continuation of consideration
to the September 20th City Council meeting to address Council comments. Consideration was
further continued to October 5th.
On October 5th the City Council voted (4-2) against the motion to approve the SUP request.
This item is being reconsidered pursuant to the City Council Rules of Procedure I have - Section
II (D)(3).
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. SUP Exhibits
4. Applicant Narrative
5. VZW Site Compliance Report
ATTACHMENT 1
STAFF ANALYSIS
LAND USE ANALYSIS
The applicant requests SUP approval for the installation of an unmanned monopole antenna
facility at the B.B. Owen Sports Facility. The City of The Colony has designated areas of the City
where monopoles are allowed to be installed. Section 10C -700.(2) requires the location of
monopole antenna facilities not exceed one hundred twenty feet in height, in certain designated
location so as to minimize the visual impact to established single family neighborhoods. This site
falls within a designated area.
Section 10C-700.(2).(ii) states:
The following sites have been designated for monopole antenna facilities based on their location
and level of visual impact to the city and adjacent properties:
(e) “Sites located East of Main Street and North of Overlake Drive.”
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 “low density residential” which includes
traditional, single-family detached and or attached (duplex) dwelling uni ts. The City has
designated areas where monopole antenna facilities would be allowed. The proposed
project is within a designated area of the City and t he proposed land use is consistent with
the uses permitted within the “low density residential plan as d etermined 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 not exceed one hundred twenty feet in height as required per
Section 10C-700.2 The monopole tower will be within the designated location so as to
minimize the visual impact to established single family neighborhoods and within a
remote area.
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 proposed tower location is in a remote area adjacent to the existing tree line at the
northernmost portion of the site. Due to the remote location to the tower, vehicle and
pedestrian traffic will be minimal. There are no occupiable structures and access is
restricted.
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;
Since the tower is unmanned and given its location, there would not be any impacts t o
persons or property from erosion, flood/water damage, fire, noise, glare, air quality,
dust/odor and similar hazards.
6. Location, lighting and type of signs; the relation of signs to traffic control and
adverse effect of signs on adjacent properties;
The unmanned tower will not have any lighting or signage.
7. Adequacy and convenience of off-street parking and loading facilities;
The proposed tower location is in a remote area adjacent to the existing tree line at the
northernmost portion of the site. No parking and loading facilities are necessary. Only
authorized vehicles and personnel will have access.
8. Determination that the proposed use and site development, together with any
modifications applicable thereto, will be compatible with existing or permit ted uses in
the vicinity;
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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 is not requesting any conditions that could potentially produce 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.
It is staff’s opinion that there would be no impacts to the use, enjoymen t or value of the
property in the vicinity if the SUP is granted. The proposed tower and screening is in a
remote area of the park that is not visible from the public street adjacent to a floodway or
field. The tower and screening is located away from all sports facilities outside the
minimum setback from any public ROW and residential use or district. Since the tower is
unmanned and given its location, there would not be any impacts to persons or property
from erosion, flood/water damage, fire, noise, glar e, air quality, dust/odor and similar
hazards.
INFRASTRUCTURE IMPROVEMENTS
No specific public infrastructure improvements are planned for this area.
NOTIFICATION
The Zoning Ordinance requires newspaper notification a minimum of fifteen (15) days prior to
the City Council meeting. Notice for this SUP Public Hearing was published in The Dallas
Morning News on August 11, 2022. In addition, the Zoning Ordinance requires notification of
property owners located within 200 feet of the subject property a minimum of fifteen (15) days
prior to the public hearing. Public Hearing notices were mailed on August 11, 2022 to adjacent
property owners. No comments either for or against the SU P were received as of printing of this
packet.
No new notifications are provided for reconsideration.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the SUP meets the requirements of T he
Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable ordinances as
outlined in the Staff Report.
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022-_______
SPECIFIC USE PERMIT (SUP) – 115 ft. VERIZON MONOPOLE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO
ALLOW A 115-FOOT (TOP OF HIGHEST APPURTENANCE) VERIZON
MONOPOLE AT 5700 SQUIRES DRIVE (B.B. OWEN PARK). THE
SUBJECT LEASE AREA CONTAINS APPROXIMATELY 1,250 SQUARE
FEET AND IS LOCATED WITHIN THE SINGLE-FAMILY 4 (SF-4)
ZONING 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. SUP22-0002 to
allow a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen
Park). The subject lease area contains approximately 1,250 square feet and is located within the single-
family 4 (SF-4) zoning district should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Specific Used Permit for a 115-foot (top of highest appurtenance) Verizonmonopole at
5700 Squires Drive (B.B. Owen Park). The subject lease area contains approximately 1,250 square
feet and is located within the single-family 4 (SF-4) zoning district, as reflected on and 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 15TH DAY OF NOVEMBER, 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
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Exhibit A
199
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 2022
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider an ordinance approving a Variance to permit an alternative landscape and screening
method of chain-link with vinyl screening slats around the base of a 115-foot (top of highest appurtenance)
Verizon monopole at 5700 Squires Drive (B.B. Owen Sports Facility). The subject lease area contains
approximately 1,250 Square feet and is located within the Single-Family 4 (SF-4) zoning district. (Williams)
Suggested Action:
Please sss the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations.
Attachments:
VM22-0001 Locator Map.pdf
VM22-0001 Exhibits.pdf
VM22-0001 CC Staff Report Verizon Monopole - Variance- FINAL (Nov. 15).pdf
Ord. 2022-XXXX VM22-0001 - Verizon Monopole Landscape Variance.docx
200
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T E R R Y S T
S Q U I R E S D R
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7800
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7716
5700
Infr aredCombatZone S F -4SF-4
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. ±Ve rizo n
Sin gl e Fa mil y
Subj ectArea
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202
Colony North (Location Code 503744)
Narrative
The project will entail installing an unmanned telecommunications tower and associated fenced
gravel compound for ground equipment. A concrete access drive will be installed branching off
from an existing concrete access drive that will lead to the fenced compound. There will be a
concrete turnaround area installed directly in front of the fenced compound. The chain-link
fence will be installed at a height of 8'. Privacy slats will be installed to match the adjacent park
fencing. The privacy slats will serve as the screening of the ground equipment in lieu of
traditional landscaping to reduce the maintenance requirements. This variance from the zoning
ordinance is at the request of the City of Colony Parks department. The tower will match the
finish/color of existing light poles within the park.
The project will fill in coverage gaps within Verizon's network -- see propagation maps. At the
request of the City, the tower and compound will be designed for only Verizon's equipment.
The backhaul provider for this site will be One Fiber/Verizon business. Existing co-locations
have been exhausted within the Verizon search ring. Initial plans to install on a nearby utility
company tower fell through.
The project is proposed to be installed on the BB Owen Sports facility/park owned by the City of
Colony. The existing zoning is SF-4/residential. Other attempts to install the proposed tower in
non-residential zoning districts have been rejected. The proposed tower is in a remote area of
the park that is not visible from the public street adjacent to a floodway and field. The adjacent
field and floodway will not be developed, so the tower will not have visual impacts to future
developments. Due to the remote location of the tower/compound, vehicle and pedestrian
traffic will be minimal. Upon completion of construction, Verizon's typical maintenance will be
once a month. Since the tower is unmanned and the location of the tower, there should not be
any impacts to persons and property from erosion, flood/water damage, fire, noise, glare, air
quality, dust/odor, and similar hazards.
During construction, erosion control measures will be installed to prevent silt from leaving the
site. The site will be stabilized as a part of construction to prevent erosion. The proposed
compound and access drive will essentially be installed at grade to avoid changing the existing
drainage pattern of stormwater runoff which drains east directly to Stewart Creek Tributary 1
which leads to Stewart Creek and outfalls into Lewisville Lake. The project is located adjacent to
a floodplain with a BFE of 561’ AMSL. All proposed equipment will be designed to be at least
(2) two feet above the adjacent BFE.
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CITY COUNCIL REPORT
AGENDA DATE: November 15th 2022 (from September 6, 2022)
DEPARTMENT: Planning Department
SUBJECT: VM22-0001 Verizon 115ft. Telecommunication Monopole
Discuss and consider approval of a Variance to permit an alternative landscape and screening
method of chain-link with vinyl screening slats around the base of a 115-foot (top of highest
appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen Sports Facility). The subject
lease area contains approximately 1,250 square feet and is located within the Single-Family 4 (SF-
4) zoning district.
OWNER/APPLICANT
Owner: City of The Colony The Colony, TX
Applicant: Charlton Collum
Verizon Wireless Shertz, TX
EXISTING CONDITION OF PROPERTY
The subject site is the athletic facility known as B.B. Owen Sports Facility located at 5700 Squires
Drive. The B.B. Owen Sports Facility consists of baseball/softball fields, concessions, laser tag
course, parking and restrooms encompassing twenty acres.
ADJACENT ZONING AND LAND USE
North - City of Frisco – undeveloped land
South - SF-4 – Colony No. 21 Subdivision
East - City of Frisco – undeveloped land and single family homes
West - SF-4 – B.B. Owen Elementary School
PROPOSED DEVELOPMENT
The applicant proposes to construct a 115-foot monopole tower for Verizon at B.B. Owen Sports
Facility. The applicant requests approval of a Variance to Section 10C-700 (2)(iv) and 17A-300C.2
as referenced to allow the proposed Verizon monopole to provide an alternative landscaping and
screening method of chain-link with vinyl screening slats around the base of the monopole.
Overall, the project will entail installation of an unmanned telecommunications tower and
associated fenced gravel compound for ground equipment. A concrete access drive will be installed
branching off from an existing concrete access drive that will lead to the fenced compound. There
will be a concrete turnaround area installed directly in front of the fenced compound. The chain-
link fence will be installed at a height of 8 feet. Privacy slats will be installed to match the adjacent
park fencing. The privacy slats will serve as the screening of the ground equipment in lieu of
traditional landscaping to reduce the anticipated maintenance. The tower will match the finish/color
of existing light poles within the park in accordance with the approval review provided by the City’s
Parks Department.
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DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) recommends approval of the variance request.
PRIOR ACTION
On August 23, 2022, the Planning and Zoning Commission voted (6-0) to recommend approval of
a Variance to permit an alternative landscape and screening method of chain -link with vinyl
screening slats around the base of a 115-foot (top of highest appurtenance) Verizon monopole at
5700 Squires Drive (B.B. Owen Sports Facility).
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Site Illustration
4. Applicant Narrative
ATTACHMENT 1
STAFF ANALYSIS
LAND USE ANALYSIS
The City of The Colony has designated areas of the City where monopoles are allowed to be
installed. Section 10C-700.2 requires the location of monopole antenna facilities, not to exceed one
hundred twenty feet in height, in certain designated location so as to minimize the visual impact to
established single family neighborhoods. This site falls within a designated area.
Section 10C-700.2.ii states:
The following sites have been designated for monopole antenna facilities based on their location
and level of visual impact to the city and adjacent properties:
(e) “Sites located East of Main Street and North of Overlake Drive.”
Monopole antenna facilities are required to receive approval through the Specific Use Permit and
be in compliance with the landscaping requirements under the City Code of Ordinances Section
17A-300C.2, as amended; the SUP request SUP22-0002 shall be considered by the Planning and
Zoning Commission on August 23, 2022 and City Council on September 6, 2022. Section 10C-
700.1.iii requires monopoles antenna facilities be landscaped, irrigated, and maintained in living,
growing condition. Wooden fences are prohibited and wrought iron or chain link may only be used
in conjunction with a landscape screen.
VARIANCE CRITERIA
In accordance with Section 10C-1001 (Variance - Approval Criteria) of the Zoning Ordinance, the
Planning and Zoning Commission and City Council shall review and evaluate a Variance
application using the following criteria:
1. The granting of the variance will not be detrimental to the public safety, health, or
welfare or injurious to other property;
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It is staff’s opinion that there would be no impacts to the use, enjoyment or value of the
property in the vicinity if the variance is granted. The proposed tower and screening is in a
remote area of the park that is not easily visible from the public street adjacent to a floodway
or field. The tower and screening is located away from all sports facilities and outside the
minimum setback from any public ROW and residential use or district. Due to t he remote
location to the tower and screening, vehicle and pedestrian traffic will be minimal. Since
the tower is unmanned and given its location, there would not be any impacts to persons or
property from erosion, flood/water damage, fire, noise, glare, air quality, dust/odor and
similar hazards.
2. The conditions upon which the request for a variance is based that are unique to the
property for which the variance is sought and are not applicable generally to other
property;
The proposed tower location is in a remote area adjacent to the existing tree line at the
northernmost portion of the site. This area of natural terrain is flat with sparse vegetation,
typical of outdoor sport facilities. The proposed screening offers a mo re practical screening
for the location and is consistent with existing screening methods on the site .
3. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, a particular hardship to the owne r would result, as
distinguished from a mere inconvenience, if strict compliance with the engineering
design manual and standard construction details is required;
The applicant has stated that during construction, erosion control measures will be installe d
to prevent silt from leaving the site. The site will be stabilized as a part of construction to
prevent erosion. The proposed compound and access drive will essentially be installed at
grade to avoid changing the existing drainage pattern of storm water runoff which drains
east directly to Stewart Creek Tributary 1 which leads to Stewart Creek and outfalls into
Lewisville Lake. The project is located adjacent to a floodplain with a BFE of 561’ AMSL.
All proposed equipment will be designed to be at least two feet above the adjacent BFE.
4. The special or peculiar conditions upon which the request is based did not result from
or were not created by the act or omission of the owner or any prior owner, subsequent
to the date of creation of the requirement from w hich the variance is sought;
Staff finds that the applicant did not create the special or peculiar condition on which the
variance is requested. The applicant’s request reflects an intent to provide a screening that
is consistent with screening currently located on the site. The screening is compatible with
the existing condition of the site; the request is not a result from or creation by the act or
omission of the owner.
DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION
The Development Review Committee (DRC) recommends approval of the variance request.
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2022-______
VARIANCE –VERIZON MONOPOLE LANDSCAPE VARIANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A “VARIANCE” (I.E. SPECIAL USE
PERMIT)TO PERMIT AN ALTERNATIVE LANDSCAPE AND
SCREENING METHOD OF CHAIN-LINK WITH VINYL SCREENING
SLATS AROUND THE BASE OF A 115-FOOT (TOP OF HIGHEST
APPURTENANCE) VERIZON MONOPOLE AT 5700 SQUIRES DRIVE
(B.B. OWEN SPORTS FACILITY, ON AN APPROXIMATELY 1,250
SQUARE FEET OF LAND, LOCATED WITHIN THE SINGLE-FAMILY-4
(SF-4) 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 ofThe
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 requisite notices and consideration of the site plan application
and related plans, and the City Council of the City of The Colony, Texas, is of the opinion and finds
that Variance Application No. VM22-0001 for a “variance” or special use permit to permit an
alternative landscape and screening method of chain-link with vinyl screening slats around the base
of a 115-foot (top of highest appurtenance) Verizon monopole at 5700 Squires Drive (B.B. Owen
Sports Facility) and located on an approximately 1,250 square feet of land, located within the Single-
Family-4 (SF-4) zoning district should be approved pursuant to Section 10C-1001 of the Code of
Ordinances of the City of The Colony, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the development plans, a copy of which areattached hereto as Exhibit A of this Ordinance,
by approving a “variance” or special use permit to permit an alternative landscape and screening
method of chain-link with vinyl screening slats around the base of a 115-foot (top of highest
appurtenance) Verizon monopole, applicable to the subject lease area, consisting of approximately
1,250 square feet of land, located at 5700 Squires Drive (B.B. Owen Sports Facility), City of The
Colony, Texas.
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
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2
shall be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation of this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. That this Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 15TH DAY OF NOVEMBER, 2022.
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
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Exhibit A
[Development Plans]
209
Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 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:
210
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: November 15, 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:
211