HomeMy WebLinkAbout2023 0516Agenda Item No:1.5
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Tina Stewart
Submitting Department: Parks & Recreation
Item Type: Proclamation
Agenda Section:
Subject:
Proclamation acknowledging National Bike Month. (Mayor)
Suggested Action:
Attachments:
Bike Month Proclamation.doc
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MAYORAL PROCLAMATION
WHEREAS,throughout the month of May, The City of The Colony, County of Denton
will celebrate biking and the freedom, the joy, and the well-being it imbues within us, as well as
the power that more people riding bikes has in making life better for everyone; and
WHEREAS,May 15-21, 2023 is “Bike to Work Week” and May 19, 2023 is “Bike to
Work Day;” and
WHEREAS,throughout the month of May, the residents of The City of The Colony,
County of Denton and its visitors will experience the joys of bicycling through group rides,
races, commuting events, educational programs, charity events, and/or by simply getting out
and going somewhere by bike; and
WHEREAS,bicycling has been shown to improve citizens’ health, well-being and
quality of life; growing the economy of The Colony, attracting tourism dollars and local
business spending and reducing pollution, congestion and parking costs on our streets and
roads; and
WHEREAS,local bicycle clubs, organizations, chamber, tourism bureau, schools,
parks and recreation departments, police departments, public health districts, hospitals,
businesses and civic groups will be joining the League of American Bicyclists in promoting
bicycling during the month of May 2023; and
WHEREAS,these groups are promoting the use of the bicycle as both a means of
transportation and recreation year-round to attract more visitors to enjoy our local parks and
train systems, as well as restaurants, hotels, retail establishments, and cultural and scenic
attractions; and
WHEREAS,these groups are also promoting greater public awareness of bicycle
operation and safety education during Bike Month and year-round in an effort to reduce
collisions, injuries and fatalities and improve health and safety for everyone on the road; and
NOW, THEREFORE I, Richard Boyer, Mayor of The City of The Colony, County of
Denton, do hereby proclaim May 2023 as Bike Month, in The City of The Colony, County of
Denton, and I urge all residents to join me in this special observance.
SIGNED AND SEALED this 2nd day of May, 2023.
____________________________
Richard Boyer, Mayor
City of The Colony, Texas
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Agenda Item No:1.6
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Discussion
Agenda Section:
Subject:
Items of Community Interest
Suggested Action:
Attachments:
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Agenda Item No:1.7
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
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: May 16, 2023
Submitted by: Brant Shallenburger
Submitting Department: General Admin
Item Type: Discussion
Agenda Section:
Subject:
Discuss and consider a request from Lovepacs for a grant request of $5,000.00 for the 2023-2024 fiscal year
budget. (Shallenburger)
Suggested Action:
Attachments:
Lovepacs_Request4Funding_TC.pdf
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Agenda Item No:3.2
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Discussion
Agenda Section:
Subject:
Receive a presentation, discuss and provide direction to staff regarding the application of "Alternative
Compliance" and "Minor and Major" waivers within the Gateway Overlay District. (Williams)
Suggested Action:
Attachments:
Gateway Overlay Amendments (Alternative Compliance-Minor and Major Waivers).doc
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CITY COUNCIL MEMO
AGENDA DATE:May 16, 2023
DEPARTMENT:Planning and Zoning Department
SUBJECT:
Provide a presentation, discuss and receive direction regarding the application of
"Alternative compliance" and "Minor and Major" waivers within the Gateway Overlay
District (GWY)
BACKGROUND
During customary staff review and maintenance of the Zoning Ordinance, Staff found that on
multiple occasions, development and redevelopment projects within the Gateway Overlay District
required either consideration of relief from the standards (Gateway Standards Waiver) of the
district or had to resort to significant site layout changes to accommodate the requirements of the
Overlay.
Staff evaluated such projects which revealed an opportunity to incorporate additional tools for site
designs considerations.
In general, these regulations would apply to any development or tract within the Gateway Overlay
District, but the most significant impact are likely those areas within the City that are “infill,”
have been impacted by roadway widening, or are encumbered by utilities or natural features.
Staff recommends the introduction of “Alternative Compliance” through, the breakdown of the
existing Gateway Standards Waiver in the “Major” [waiver] and “Minor” [waiver] categories.
The proposed amendments are intended to offer additional site and building design considerations
for areas within the City that are commonly challenged by the regulations of Gateway. These
alternative considerations will present flexibility without the loss of the districts high design
standards.
PROPOSED CONSIDERATIONS
Purpose & Applicability
1. Purpose. Establishes a provision for Alternative Compliance associated with the review
and approval of a development or redevelopment project, including improvements to
existing on-site structures or existing site features.
2. The purpose of the Alternative Compliance process is to ensure that:
a. A proposed project is in compliance with this Gateway Overlay District (GWY) to
the greatest extent appropriate for the improvements to be undertaken.
b. A proposed project meets requirements that are appropriate for lots or sites and
site-specific development or redevelopment challenges by applying a flexible
approval procedure.
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c. Allows for different standards that are in agreement with the City’s adopted
Comprehensive Plan and produce an equal or enhanced level of results as
intended by the original development standards.
3. Applicability.
a. A request for Alternative Compliance from certain provisions are specifically cited
within this Gateway Overlay District and may be submitted for review and
approval along with the project’s initial development application (as applicable
for the project). All Alternative compliance requests must be clearly delineated
graphically or in narrative format including a reference to the specific section
within this Gateway Overlay District that allows consideration of alternative
standard(s).
b. The applicable zoning district standards for a project are not to be reduced or
varied using the Alternative compliance process unless standard is specifically
cited as qualifying for Alternative compliance consideration in its respective
section of this Gateway Overlay District.
4. Responsible Official. The Planning Director is the official responsible for processing a
request for Alternative compliance consideration.
5. Alternative Compliance Evaluation Criteria
a. The Alternative Compliance standard(s) sought by the applicant must be in
agreement with, and promote, the recommendations and policies within the City’s
adopted Comprehensive Plan.
b. The proposed standard(s) must not reduce a standard unless it is, to the greatest
extent practical, equally mitigated or improved by increasing standards of other
requirements.
c. The proposed standard(s) must not modify the land uses allowed in the zoning
district in which the subject property is located, nor add a land use not normally
allowed in the zoning district.
6. Appeal
If the Planning Director denies an Alternative Compliance [Minor Waiver] request, the
applicant may seek an appeal from the City Council.
-Minor and Major Gateway Standards Waiver
The Gateway Overlay District was amended in 2019 to correct the improper use of the Specific
Use Permit [SUP] process to address relief from the development standards of the Gateway
Overlay District.
The Gateway Standards Waiver [GSW] was established to replace the SUP; a GSW request is
evaluated by:
The impact on adjacent property owners;
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The existence of a hardship that is not a result of the property owner's action;
The appropriateness of the request in terms of location, density and height of the structure
or use; and,
The compatibility with the existing uses on the lot and surrounding land uses.
Staff recommends incorporating additional evaluation criteria as stated above.
The components of Alternative Compliance are the “Minor” and “Major” Gateway Standards
Waivers, and are generally structured as follows:
Minor (Minor Waiver):A change to the standards of this district that is not contrary to the stated
goals and intent of the District as interpreted and authorized by the Director.
o Any Waiver must be specifically requested by the applicant. No Waivers to
standards will be considered approved if not specifically identified in the request
for approval of a Gateway Standards Waiver application.
o [Minor] Waivers may be approved administratively by the Director. These are
specifically sanctioned waivers; a predefined list of acceptable waivers from the
Gateway Overlay District.
Examples of predefined minor waivers:
Regulation: Minimum percentage of interior landscaping. A minimum of ten percent of the
gross vehicular use area shall be devoted to living landscape which includes turf,
groundcover, plants, shrubs and trees. This is to be measured from the edge of the parking
and/or driveway paving and sidewalks.
o Minor Waiver example: The minimum percentage of interior landscaping area
may be reduced by 25% provided all perimeter, transitional and right-of-way
buffers are at their fullest extent and planted at a rate of 1.5 times the original
required.
Regulation: Tree spacing. There shall be a minimum of one large canopy tree planted for
each 400 square feet or fraction thereof of required interior landscape area. Three small
ornamental trees may be substituted for one required large canopy tree not to exceed 25%
of the required number of large canopy trees.
o Minor Waiver example: The substitution percentage may be increased by a
maximum of 30% provided that for each increment of 15% (or fraction thereof)
above the minimum, an additional item from the amenity list is incorporated into
the site.
Regulation: Landscape islands. Interior areas of parking lots shall contain planting
islands located so as to best relieve the expanse of paving. Such islands shall contain at
least one large canopy tree, and shall be located at the terminus of all parking rows. The
remainder of the island space shall be landscaped with shrubs, ornamental grasses, turf
and/or living groundcover not to exceed three feet in height. Trees located within a
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landscape island may be counted toward the total number of required interior trees. The
minimum total area of such islands shall be nine feet by 18 feet, but may be designed to
accommodate the turning radii to facilitate traffic maneuverability.
o Minor Waiver example: interior parking islands may substitute the large canopy
tree for a cluster of three (3) small ornamental trees not to exceed 25% of the
number of large canopy trees required within the planting islands.
Regulation: Streetscape buffers along S.H. 121. A 25-foot wide landscape buffer shall be
provided adjacent to the right-of-way of S.H. 121. This landscape buffer strip is exclusive
of the street parkway (i.e. located entirely within the subject property).
o Minor Waiver example: The required 25-foot wide SH 121 landscape buffer may
be reduced by 20% with an increase of buffer materials at a rate of 1.5 times the
original required.
Regulation: New development. A 20-foot wide landscape buffer shall be provided adjacent
to the right-of-way of Main Street (F.M. 423). This landscape buffer strip is exclusive of
the street parkway (i.e. located entirely within the subject property).
o Minor Waiver example: The required 20-foot wide 423 landscape buffer may be
reduced by 25% with an increase of buffer materials at a rate 1.5 times the
original required.
Regulation: Streetscape buffers along all other streets within the Gateway Overlay
District. Properties with frontage on any road other than S.H. 121 or Main Street (F.M.
423) shall provide a 15-foot wide landscape buffer adjacent to the right-of-way. This
landscape buffer strip is exclusive of the street parkway (i.e. located entirely within the
subject property).
o Minor Waiver example: The required 15-foot wide landscape buffer along all
other non F.M. 423 and SH 121 may be reduced by 40% with an increase of buffer
materials at a rate 1.5 times the original required.
Regulation: Tree spacing within right-of-way buffers. Landscape buffers adjacent to the
public right-of-way shall contain at least one large canopy tree every 40 linear feet or
fraction thereof and two ornamental trees every 50 linear feet of street frontage, inclusive
of driveways. Trees may be grouped or clustered to facilitate site design.
o Minor Waiver example: One (1) large canopy tree spacing may be increased up to
an additional 10 feet, with the incorporation of six (6) ornamental trees for every
50 linear feet of street frontage.
Other potential areas for waiver consideration
o Bay door locations: Allowance of Bay doors to face the right-of-way with
enhanced site design;
o Defined use of impermeable vegetative screen in lieu of allowed fence/screening
materials;
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o Defined use of enhanced xeriscape.
Major (Major Waiver):[Major] Gateway Standards Waivers are material and substantial
changes to the design standards in the Gateway Overlay District, or changes which may initially
appear to be in conflict with the goals and intent of this District. Major Waivers may only be
approved by the City Council, following a recommendation by the Planning Director and the
Planning Commission.
Major waivers are essentially those waivers that are greater than those considered minor
and require City Council approval.
ACTIONS
Staff recommends consideration of the amendments mentioned above, and seeks direction
regarding the scope of the amendments.
Upon City Council direction, staff will prepare an amending ordinance for consideration by the
Ordinance Review Committee, the Planning Commission and City Council.
ATTACHMENTS
n/a
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Agenda Item No:3.3
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Kimberly Thompson
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: May 16, 2023
Submitted by: Kimberly Thompson
Submitting Department: City Secretary
Item Type: Minutes
Agenda Section:
Subject:
Consider approving City Council Regular Session meeting minutes from May 2, 2023. (Stewart)
Suggested Action:
Attachments:
May 2, 2023 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
MAY 2, 2023
The Regular Session of the City Council of the City of The Colony, Texas, was called to order
at 6:31 p.m. on the 2
nd day of May 2023, 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, Mayor Pro Tem
David Terre, Councilmember
Perry Schrag, Deputy Mayor Pro Tem
Joel Marks, Councilmember
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 6:31 p.m.
1.2 Invocation
Mayor Pro Tem Wade 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 acknowledging April 30 - May 6, 2023 as Municipal Clerks Week.
Mayor acknowledged April 20 – May 6, 2023 as “Municipal Clerks Week.”
City Secretary, Tina Stewart, accepted the proclamation.
1.6 Recognize the City Secretary's Office with the Texas Municipal Clerk's
Association Achievement of Excellence Award.
Mayor presented the Texas Municipal Clerk’s Association Achievement of
Excellence Award to the City Secretary’s Office.
City Secretary, Tina Stewart, accepted this prestigious award on behalf of the
City Secretary’s Office.
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City Council – Regular Meeting Agenda
May 2, 2023
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Council extended encouraging words to City Secretary Stewart and thanked her
for all of her efforts.
1.7 Proclamation acknowledging Water Safety Month.
Mayor recognized the month of May as “Water Safety Month.”
Aquatic Park Manager, Kirstin Wilson, along with Coordinator Wanda Brown,
accepted the proclamation.
1.8 Items of Community Interest
1.8.1 Receive presentation from Parks and Recreation regarding upcoming events and
activities.
Special Events Supervisor, Lindsey Stansell, provided upcoming events and
activities to the Council.
Councilman Schrag arrived at 6:36 p.m.
2.0 CITIZEN INPUT
Roger Terry, 5521 N. Colony, spoke concerning brighter lighting from N. Colony
south to Memorial Drive. He commended the Council for doing a great job.
3.0 WORK SESSION
3.1 Council to provide direction to staff regarding future agenda items.
Councilman Schrag suggested a future agenda item on distance requirements for
alcohol establishments.
4.0 CONSENT AGENDA
Motion to approve all items from the Consent Agenda with the exception of Agenda Item No 4.2
- Ensweiler; second by Wade, motion carried with all ayes.
4.1 Consider approving City Council Regular Session meeting minutes from April 18,
2023.
4.2 Consider approving a resolution authorizing the City Manager to execute a Second
Addendum to Health Services Agreement with Marathon Health, LLC in the
amount of $322,850.00 for continued services for continued operation of The
Colony Wellness Center.
Motion to approve- Ensweiler; second by Holtz, motion carried with all ayes.
RESOLUTION NO. 2023-037
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City Council – Regular Meeting Agenda
May 2, 2023
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4.3 Consider approving a resolution authorizing the City Manager to execute a grant in
the amount of $70,480.00 for the City's local share portion in a request for a State
of Texas Events Trust Fund Grant.
RESOLUTION NO. 2023-038
4.4 Consider approving a resolution authorizing the City Manager to execute an
agreement with the North Texas Municipal Water District (NTMWD) for goods
and services.
RESOLUTION NO. 2023-039
5.0 REGULAR AGENDA ITEMS
5.1 Conduct a public hearing, discuss, and consider an ordinance adopting the
Standards of Care Policy for Day Camp Programs.
Recreation Coordinator, Andrea DuArte, gave an overview of this item. She, along
with Recreation Administrator Manager, Lindsey Stansell, answered questions
from Council.
The public hearing opened and closed at 6:56 p.m. with no speakers.
Motion to approve– Wade; second by Ensweiler, motion carried with all ayes.
ORDINANCE NO. 2023-2509
5.2 Discuss and consider an ordinance regarding the Site Plan application of
“PopStroke, an approximately 67,745 square-foot indoor/outdoor Commercial
Amusement facility within Lot 3R, Block A. The subject site is located within the
Area “H” of the Grandscape Lifestyle Center, north of the intersection of
Destination Drive and Grove Lane within Planned Development 25 (PD-25).
Director of Planning, Isaac Williams, gave an overview of the proposed site plan.
Representative, Shane Robichaud, answered questions from Council.
Councilman Marks arrived at 6:58 p.m.
Motion to approve– Holtz; second by Marks, motion carried with all ayes.
ORDINANCE NO. 2023-2510
5.3 Discuss and consider an ordinance regarding the Site Plan application of “Cosm,”
an approximately 69,992 square-foot indoor Commercial Amusement facility
within Lot 3R, Block A. The subject site is located within the Area “H” of the
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City Council – Regular Meeting Agenda
May 2, 2023
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Grandscape Lifestyle Center, north of the intersection of Destination Drive and
Grove Lane within Planned Development 25 (PD-25).
Director of Planning, Isaac Williams, gave an overview of the proposed site plan.
Representative, Tyler Washburn, answered questions from Council.
Motion to approve– Holtz; second by Ensweiler, motion carried with all ayes.
ORDINANCE NO. 2023-2511
5.4 Discuss and consider a request for a Bar, Lounge and Tavern establishment
known as Tipsy Trip, to 1) be located approximately 295 feet from The Learning
Experience daycare center, where a minimum of 300 feet are required, and 2) be
located approximately 580 feet from The Thirsty Growler, and approximately 940
feet from Loyalty Liquors, where a minimum of 1,000 feet are required. The
subject site is located at 5701 SH 121, Suite 105 within The Planned
Development 16 (PD-16) zoning district.
Director of Planning, Isaac Williams, gave an overview of this item.
Representative, Alisha Ajani, answered questions from Council.
Motion to approve– Schrag; second by Wade, motion failed with the following nay votes, Boyer,
Ensweiler, Holtz and Terre.
Executive Session was convened at 7:46 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).
B. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city
attorney regarding Section 6-258 of the Code of Ordinances.
C. Council shall convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to seek legal advice from the city
attorney regarding City of The Colony, Texas v. Irma Chavez and Manuel R.
Cruz, Cause No. 23-2438-431, 431st District Court, Denton County, Texas.
Regular Session was reconvened at 8:50 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
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City Council – Regular Meeting Agenda
May 2, 2023
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received from a business prospect(s), and the offer of a financial or other incentive
to a business prospect(s)
No Action
B. Any action as a result of executive session regarding Section 6-258 of the Code of
Ordinances.
No Action
C. Any action as a result of executive session regarding City of The Colony, Texas v.
Irma Chavez and Manuel R. Cruz, Cause No. 23-2438-431, 431st District Court, Denton
County, Texas.
No Action
ADJOURNMENT
With there being no further business to discuss the meeting adjourned at 8:50 p.m.
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: May 16, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Expenditures
Agenda Section:
Subject:
Consider approving Council expenditures for February and March 2023. (Council)
Suggested Action:
Attachments:
Council Expenditures for Feb. to March 2023.pdf
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Agenda Item No:4.3
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Tina Stewart
Submitting Department: City Secretary
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution supporting House Bill 2133 which amends Section 41.0052 of the Texas
Election Code to allow certain municipalities to move their elections held on the November Uniform Election
date to the May Uniform Election date. (Mayor)
Suggested Action:
Attachments:
Res. 2023-xxx Support of House Bill 2133.docx
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, SUPPORTING HOUSE BILL 2133 WHICH AMENDS
SECTION 41.0052 OF THE TEXAS ELECTION CODE TO ALLOW
CERTAIN MUNICIPALITIES TO MOVE THEIR REGULAR ELECTIONS
HELD ON THE NOVEMBER UNIFORM ELECTION DATE TO THE MAY
UNIFORM ELECTION DATE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS,in December of 2012, the City Council for the City of The Colony, Texas,
voted to move the date in which it conducts elections for municipal office from the May uniform
election date to the November general election date; and
WHEREAS,the first election for City Council positions held in November was in 2014;
and
WHEREAS,since that time, The Colony City Council and staff members have been met
with complaints and displeasure from voters with the election date change; citing confusion over
mixing partisan and non-partisan races on the same ballot, assumed political party affiliation of
candidates due to ballot position and a desire to have City Council elections paired with those
involving the Lewisville Independent School District; and
WHEREAS,after nearly a decade of conducting November City Council elections in a
good faith attempt, discussions began with our state officials considering the possibility of
legislation permitting The Colony to move elections back to May with the full knowledge that this
would result reducing the current Council terms of office by six (6) months;and
WHEREAS,in February 2023, Representative Kronda Thimesch filed HB 2133 to allow
the City of The Colony, Texas,to move elections from November to May beginning in 2024; and
WHEREAS,HB 2133 passed the House of Representatives on May 5th 2023, and has been
sent to the Texas Senate for consideration.
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, Texas, strongly supports House
Bill 2133 (2023) and any legislation which would authorize the City of The Colony, Texas, to
move its November regular elections to the May uniform election date.
SECTION 2. This support for House Bill 2133 (2023) and any similar legislation be
communicated to members of the Senate State Affairs Committee, the Texas Senate, and the Texas
Governor’s office.
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SECTION 3. This Resolution shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 16TH DAY OFMAY, 2023.
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:4.4
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
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 Fifth Amendment to the Commercial
& Industrial and Residential Solid Waste Collection, Transport and Disposal and Residential Recycling
Collection, Transport & Processing Agreement with Republic Services updating the fee schedule. (Owczar)
Suggested Action:
Attachments:
Exhibit 1 Republic Rates Attachment
2023 Republic Rates Amendment.pdf
Res. 2023-xxx Fifth Amendment - Solid Waste Agreement - Republic.pdf
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING AND APPROVING A FIFTH
AMENDMENT TO THE COMMERCIAL & INDUSTRIAL AND
RESIDENTIAL SOLID WASTE COLLECTION, TRANSPORT AND
DISPOSAL AND RESIDENTIAL RECYCLING COLLECTION,
TRANSPORT & PROCESSING AGREEMENT WITH REPUBLIC
SERVICES, ATTACHED HERETO AS EXHIBIT “1”; AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas, entered into a solid waste and recycling
collection contract with Republic Waste Services on June 1, 2007; 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 approve a Fifth Amendment to the Commercial & Industrial
and Residential Solid Waste Collection, Transport and Disposal and Residential Recycling
Collection, Transport & Processing Agreement, which is attached hereto as Exhibit 1, and is
incorporated here for all purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. The findings set forth above are incorporated into the body of this Resolution
as if fully set forth herein.
Section 2. That the City Council of the City of The Colony, Texas, does hereby
approve the Fifth Amendment to the Commercial & Industrial and Residential Solid Waste
Collection, Transport and Disposal and Residential Recycling Collection, Transport & Processing
Agreement, which is attached hereto as Exhibit A, and is incorporated here for all purposes.
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
day of , 2023.
______________________________
Richard Boyer, Mayor
City of The Colony, Texas
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ATTEST:
________________________________
Tina Stewart, TRMC, City Secretary
APPROVED AS TO FORM:
_______________________________
Jeff Moore, City Attorney
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Exhibit 1
Fifth Amendment to the Commercial & Industrial and
Residential Solid Waste Collection, Transport and
Disposal and Residential Recycling Collection, Transport &
Processing Agreement
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Agenda Item No:4.5
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Tina Stewart
Submitting Department: Public Works/Water Distribution
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Professional Services Contract in
the amount of $118,100.00 with Huitt-Zollars, Inc. to design, develop and construct the Public Works Bathroom
Expansion. (Whitt)
Suggested Action:
Attachments:
Colony Proposal 4.19.23.docx
Res. 2023-xxx Huitt- Zollars Professional Services Agreement.docx
54
April 19, 2023
City of The Colony
Mr. James Whitt, MSCM
Director of Public Works
#1 Harris Plaza
The Colony, Texas 75056
Re:Expansion of the Public Works Building located at #1 Harris Plaza
Dear Mr. Whitt:
Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide our proposal for professional
Architectural and Engineering services to the City of The Colony (City) for a new, (approximately
1,000 SF) restroom, shower, and locker room addition to the existing Public Works Building located
at #1 Harris Plaza, The Colony, Texas. Our proposal is based upon the following scope of
services, compensation, and schedule. The terms and conditions shall be per the City’s Standard
Agreement for Professional Services.
BASIC SERVICES:
1.Based on the City approved Schematic Design Plan (dated January 31, 2022),
preparation of Design Development Documents, and Construction Documents.
These services include Architectural, Mechanical / Electrical / Plumbing
Engineering, Fire Protection Specifications, and Structural Engineering.
2.From the completed Facilities Condition Assessment Report (dated November 2,
2022) - Design Development and Construction Documents, for only the following
Site and Building deficiencies noted in the FCA report:
a. Site and Building ADA compliance issues.
b. Replace or reverse the swing of Plan Room Door.
c. Repair the plastic laminate kitchen counter tops.
d. Replace the existing thru wall Air-Conditioning unit.
e. Repair as required the existing 6-gallon water heater
and relief valve discharge.
All other deficiencies noted in the FCA report are included in Special Services.
3.Deliverables:
a. 100% Design Development Documents.
b. 50% Construction Documents (for review).
c. 95% Construction Documents and Specifications (for
review).
d. 100% Construction Documents and Specifications.
COMPENSATION:
1.0 $85,000 Lump Sum
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2.0 Invoicing
Invoices will be submitted monthly. Lump sum tasks shall be invoiced based
upon percentage of work completed. Reimbursable expenses shall be billed at
cost plus a 10% overhead mark-up.
SCHEDULE:
We anticipate the following project schedule from Notice to Proceed:
Design Development - Construction Documents 14-weeks
SPECIAL SERVICES:
1. From the completed Facilities Condition Assessment Report (dated November 2,
2022) preparation of Design Development and Construction Documents, for all of the
Building deficiencies noted in the FCA report: (except the 5 items noted previously
that are included in Basic Services.)
2. Deliverables:
a. 100% Design Development Documents.
b. 50% Construction Documents (for review).
c. 95% Construction Documents and Specifications (for
review).
d. 100% Construction Documents and Specifications.
COMPENSATION:
1.0 $33,100.00 Lump Sum
2.0 Invoicing
Invoices will be submitted monthly. Lump sum tasks shall be invoiced based upon
percentage of work completed. Reimbursable expenses shall be billed at cost plus
a 10% overhead mark-up.
SCHEDULE:
We anticipate the following project schedule from Notice to Proceed:
Design Development - Construction Documents can be completed within the same 14-
week time frame as Basic Services, if done simultaneously.
EXCLUSIONS:
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Any Hazardous Materials testing.
1. New Water and Sewer site infrastructure lines – to be provided by the City.
Any Construction Administration Services for the Basic Services and Special Services
(noted above) scopes of work. This includes, but is not limited to:
1. Attending or participating in Construction progress meetings.
2. Job site progress reviews or visits.
3. Reviewing and responding to any Contractor submittals, shop drawings,
product data, and samples.
4. Reviewing or responding to Contractor RFI’s (Requests for information).
5. Reviewing or responding to Contractor’s Progress Payment Requests.
6. Reviewing or commenting on Contractor’s Punch list items and / or work to
be corrected or repaired.
Sincerely,
Huitt-Zollars, Inc.
Kirby Chadwell, AIA
Vice President
James Whitt, MSCM
Director of Public Works
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HUITT-
ZOLLARS, INC., FOR THE PUBLIC WORKS BATHROOM EXPANSION
PROJECT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of The Colony, Texas (the “City”), desires to obtain the services of
Huitt-Zollars, Inc., for the Public Works Bathroom Expansion Project; and
WHEREAS, the City has determined that it is in the best interest of the City to enter into
the Professional Services Agreement with Huitt-Zollars, Inc., to prepare construction
design plans and specifications; and
WHEREAS, with said Professional Services Agreement the City is agreeing to pay the
sum of $103,620.00 for such work.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
Section 1.The Professional Services Agreement, is found to be acceptable and in the best
interest of the City and its citizens, be, and the same is hereby, in all things approved.
Section 2. The City Manager is hereby authorized to execute said Professional Services
Agreement on behalf of the City of The Colony, Texas.
Section 3.This Resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS THIS THE 16TH DAY OF MAY 2023.
__________________________________
ATTEST:Richard Boyer, Mayor
City of The Colony, Texas
___________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
___________________________________
Jeffrey L. Moore, City Attorney
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Agenda Item No:4.6
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Tina Stewart
Submitting Department: Police
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute the submission of a grant application
to the Office of the Governor for Body Worn Cameras. (Goodson)
Suggested Action:
Applications from nonprofit corporations, local units of governments, and other political subdivisions must
submit a resolution electronically using the 'Upload' function in the eGrants system. The resolution must contain
the following:
• Authorization by the governing body for the submission of the application to OOG that clearly identifies the
name of the project for which funding is requested;
• A commitment to provide all applicable matching funds;
• A designation of the name and/or title of an authorized official who is given the authority to apply for, accept,
reject, alter, or terminate a grant (Note: If a name is provided, you must update OOG should the official change
during the grant period.); and
• A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds
to OOG.
Attachments:
Res. 2023-xxx Body Worn Camera.docx
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, APPROVING A GRANT REQUEST FOR BODY WORN CAMERAS
THROUGH THE GOVERNOR’S PUBLIC SAFETY OFFICE; DESIGNATION OF
THE NAME AND/OR TITLE OF AN AUTHORIZED OFFICIAL DURING THE
GRANT PERIOD; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS THAT:
WHEREAS,The City of The Colony, Texas, finds it in the best interest of the citizens of
The Colony that the be operated for 2023-2024; and
WHEREAS, The City of The Colony agrees to provide applicable matching funds for the
said project as required by the body worn camera grant application; and
WHEREAS, The City of The Colony agrees that in the event of loss or misuse of the
Office of the Governor funds, The City of The Colony assures that the funds will be returned to
the Office of the Governor in full.
WHEREAS,The City of The Colony designates Jay Goodson as the grantee’s authorized
official. The authorized official is given the power to apply for, accept, reject, alter or terminate
the grant on behalf of the applicant agency.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, APPROVES SUBMISSION OF THE GRANT
APPLICATION FOR THE BODY WORN CAMERAS TO THE OFFICE OF THE
GOVENOR.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS THE 16
TH DAY OF MAY 2023.
________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
___________________________________
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:4.7
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Robert Kotasek
Submitting Department: Engineering
Item Type: Resolution
Agenda Section:
Subject:
Consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in
the amount of $894,683.00 with JBM Excavation, LLC for the Stewart Peninsula Drainage Improvements
Project. (Hartline)
Suggested Action:
Background:
City Council approved funding for this project in the 2022/2023 CIP Budget.
During a recent heavy rain event, street flooding occurred in front of two residential homes located at 3821 and
3825 Shoal Creek Dr. The water overtopped the curb on the street and drained between the homes at these
addresses during the rain event. Engineering has completed an investigation and design project for the storm
drainage system and determined that the solution will require upsizing the inlets and storm drain laterals in front
of the homes, removing sediment from an existing pond on the Stewart Creek Golf Course and rebuilding a
drop structure downstream of the pond.
In addition to the flooding problem on Shoal Creek, a second larger pond at the Stewart Creek Golf Course
overflowed during the same rain event and drained across a fairway area as the water drained to the lake. The
operator of the course indicated that this happens frequently during heavy rains and damages the course. He
asked if the overflow pipe for the second pond could be upsized to handle these storm flows to help prevent
damage to the course. At the direction of city management, design for the overflow pipe was completed with
this project since it is a part of the same drainage system. A Site Location Map of the areas of concern are
attached.
The project bids were opened on April 20, 2023 and the low bidder was JBM Excavation, LLC at a cost of
$894,683.00. Halff Associates, the Project Design Engineer, received positive feedback from representatives
that have previously worked with the contractor including the City of Sanger, City of Tioga and Lake Kiowa. Halff
Associates recommends approval of the contract with this company.
With approval, the project is anticipated to start construction in July 2023 with an estimated completion in
February 2024.
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Attachments:
Location Map
Engineer's Letter of Recommendation
Bid Certification Summary
Financial Summary
Res. 2023-xxx JBM Excavation - Stewart Peninsula Drainage Improvements Project.docx
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2 1 "
60"18"72"4 2 "24"48"2 7 "51"33"36"3 0 "18"30"1 8 "24"2 1 "18"18"24"18"
18"21"18"
4 2 "48"S h o a l C r e e k
StewartHar b or
Cypress CoveSt Andrews Pebbl
e BeachTerraceHampton
Westway
Cottonwood Springs
µLocation MapStewart Penisula Drainage Improvements Project
Existing storm drain outfall into pond
Pond to be dredged
Drop structure
Area of Golf Course that floo dsduring large storm events
Discharge pipe that needs to be upsized
Flooding in street and between homes
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City of The Colony - Stewart Peninsula Drainage
BID #69-23-07
Bid Opening: April 20, 2023
City of The Colony Project Manager: Ron Hartline, PE
Halff Associates, Inc. Project Manager: Joseph Buchanan , PE
Recommended:Incomplete Submittal
JBM EXCAVATION LLC
CAPKO CONCRETE
STRUCTURES LLC
ASHTON SAWING AND
DRILLING
TOTAL BID $894,683.00 $1,686,100.50 $18,226.59
Addenda N/A N/A N/A
Bid Bond YES Yes NO
Bids Certified by: _____________________________________________________________
BID SUMMARY
Joseph Buchanan, PE
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FINANCIAL SUMMARY:
Are budgeted funds available: Yes
Amount budgeted/available: $1,102,000.00 (FY 2022-2023 General Fund Balance)
Source of Funds: 2022-2023 General Fund Balance ($1,102,000.00)
Cost of recommended construction contract award: $ 894,683.00
Total estimated project cost:
$ 155,600.00 Engineering Already authorized Yes No
$ 894,683.00 Construction Already authorized Yes No
$ 1,050.283.00 Total estimated costs
68
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2023 - _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSTRUCTION SERVICES CONTRACT BETWEEN THE
CITY OF THE COLONY AND JBM EXCAVATION, LLC FOR THE
STEWART PENINSULA DRAINAGE IMPROVEMENTS PROJECT; AND
PROVIDING AN EFFECTIVE DATE.
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 has duly reviewed and
considered the Construction Services Contract between the City of The Colony, Texas and JBM
Excavation, LLC for the Stewart Peninsula Drainage Improvements Project, in the amount of
$894,683.00.
Section 2. That this contract amendment is found to be acceptable and in the best interest of
the City and its citizens, and the City Manager is hereby authorized to execute the contract on behalf
of the City of The Colony, Texas, with the terms and conditions as stated therein.
Section 3.This resolution shall take effect immediately from and after its adoption and it
is so resolved.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 16TH DAY OF MAY 2023.
____________________________________
Richard Boyer, Mayor
City of The Colony, Texas
ATTEST:
____________________________________
Tina Stewart, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
____________________________________
Jeffrey L. Moore, City Attorney
69
Agenda Item No:5.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Conduct a public hearing, discuss and consider an ordinance regarding the approval of an amendment to a
Specific Use Permit Amendment (SUPA) to allow a Studio (dance) use known as “TYC Dance,” at 6700 Main
Street, Suite 131, containing approximately 4,176 sq. ft., and located within the Shopping Center (SC) Zoning
District and Gateway Overlay District. (Williams)
Suggested Action:
Please the attached staff report, drawings, maps and illustrations for detailed land use, site layout and staff
recommendations
Attachments:
SUPA23-0002 CC - TYC Dance Expansion - SUPA Staff Report.doc
TYC Dance Expansion - location map and exhibits.pdf
Ord. 2023-xxxx TYC Dance SUP.docx
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CITY COUNCIL REPORT
AGENDA DATE:May 16, 2023
DEPARTMENT:Planning and Zoning Department
SUBJECT:SUPA23-0002 – 6700 Main Street, Suite 131 TYC Dance (Studio dance use) –
Specific Use Permit Amendment
Conduct a public hearing, discuss and consider an ordinance regarding the approval of an
amendment to a Specific Use Permit Amendment (SUPA) to allow a Studio (dance) use known as
“TYC Dance,” at 6700 Main Street, Suite 131, containing approximately 4,176 sq. ft., and located
within the Shopping Center (SC) Zoning District and Gateway Overlay District.
OWNER/ENGINEER
Owner:Lakeridge LTD P/S Dallas, Texas
Applicant:Jalyn Stough Allen, Texas
EXISTING CONDITION OF PROPERTY
The property is currently developed as the Lakeridge Shopping Center located at 6700 Main
Street. On December 3rd 2001 the City Council passed an ordinance to allow a Studio (Dance)
within the floor plan of 6700 Main Street, Suite 131. The tenant space suite 132, was previously
developed as an office, known as Christopher Hatfield: All State Insurance.
ADJACENT ZONING AND LAND USE
North - General Retail (GR) Zoning District – The Colony City Hall
South - Single Family 4 (SF-4) Zoning District - Residential
East - Single Family 4 (SF-4) Zoning District - Residential
West -Shopping Center (SC) Zoning District – Oaks Village Shopping Center
PROPOSED AMENDMENT
The applicant requests a Specific Use Permit (SUP) Amendment to expand the existing suite 131
Studio Dance operations to include the area of suite 132. The expansion will increase the studio
(dance) use area from 1,894 square feet to 4,176 square feet.
The proposed expansion will include an additional dance studio, office, storage, two bathrooms
and expand the waiting area.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) finds the SUP amendment meets the requirements
of The Colony Code of Ordinances, Appendix A, Zoning Ordinance and other applicable
ordinances as outlined in the Staff Report.
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PRIOR ACTION
The City of The Colony’s Planning and Zoning Commission at its meeting on May 9, 2023
approved the request (6-0) regarding an amendment to a Specific Use Permit Amendment
(SUPA) to allow a Studio (dance) use known as “TYC Dance,” at 6700 Main Street, Suite 131,
containing approximately 4,176 sq. ft., and located within the Shopping Center (SC) Zoning
District and Gateway Overlay District.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Site Plan
4. Floor Plan
5. Elevation Photograph
6. Applicant Narrative
ATTACHMENT 1
Land Use Analysis
The subject site is located within the Shopping Center (SC) Zoning District.The Zoning
Ordinance requires a Specific Use Permit for Studio uses, including art, music, ceramics, drama,
speech, dance or similar personal skills or art. The existing suite 131 presently has an SUP;
however, the zoning ordinance conditions no specific use permit may be established, enlarged or
altered unless city council issues a zoning amendment ordinance. The proposed enlarged use area
will occupy the existing suite 131 and agglomerate suite 132, the former Christopher Hatfield;
All State Insurance space. The applicant intends to operate “TYC Dance” Monday to Friday from
9 a.m. to 8 p.m. and Saturday from 9 a.m. to 1 p.m.
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:
1.Conformance with the City of The Colony’s Comprehensive Plan;
The Future Land Use Map identifies this area as “Mixed Use Center” which includes
commercial, entertainment and community service uses. The proposed land use is in
conformance with The Colony Comprehensive Plan.
2.Conformance with applicable regulations and standards established by the zoning
regulations;
With the approval of the SUP amendment, 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 Studio (dance) use is generally compatible with the approved uses on
abutting sites. The area surrounding the suite are mainly retail 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;
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The site layout for the subject site has been reviewed and has been previously approved by
the City, which meets traffic circulation and associated requirements.
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 subject site meets the Zoning Ordinance requirements for off-street parking. The off-
street parking schedule does not antipcate an increase in demand of off-street parking.
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;
Developments within Shopping Center (SC) Zoning District generally consist of retail
activities. The proposed development expansion of Studio (dance), is consistent with the
intended uses for Shopping Center (SC) Zoning District and compatible with the
surrounding land uses within 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
No special conditions are being recommended by staff. 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 fifteen (15) days prior to
the City Council meeting. Notice for this SUP Public Hearing was published in The Dallas
Morning News on April 29, 2023. 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 April 28, 2023 to adjacent
property owners. The applicant has included four letters in support of the Specific Use Permit
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Amendment. No further comments either for or against the SUP were received as of printing of
this packet.
Development Review Committee Review
The Development Review Committee (DRC) finds the SUP amendment request meets the
requirements of The Colony Code of Ordinances, Appendix A, Zoning Ordinance as outlined in
the Staff Report.
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N O R T H C O L O N Y B LV D
MAINSTCR AW FO RD DR
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149 148 131132142
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112
124
126
116
130
106
146
105
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125
47294701470547094713471747214725
6700
S F -4SF-4
S CSC
This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness oraccuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No: SUPA23-0002 - TYC Dance Expansion
SUPA 23-0002
Shopping Center
Single Family
SubjectArea
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023-_____
SPECIFIC USE PERMIT (SUP) – TYC DANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
AMENDING ORDINANCE NO. 2001-1329, BY APPROVING A SPECIFIC
USE PERMIT FOR A “STUDIO (DANCE)” KNOWN AS TYC DANCE, TO
BE LOCATED AT 6700 MAIN STREET, SUITE 130, CONTAINING A
TOTAL AREA OF APPROXIMATELY 4,176 SQUARE FEET, AND IS
WITHIN THE SHOPPING CENTER (SC) 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 Ordinance 2001-1329, adopting Specific
Use Permit No. 2001-SUP008 shall be amended to permit a “Studio (dance)” known as TYC Dance,
to be located at 6700 Main Street, suite 131, containing a total area of 4,176 square feet, within the
Shopping Center (SC) Zoning District and the Gateway Overlay District should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the Code of Ordinances, Appendix A, Comprehensive Zoning
Ordinance, of the City of The Colony should be amended by amending Ordinance 2001-1329 by
amending Specific Use Permit No. 2001-SUP008, to permit a Specific Use Permit for a Studio
(dance) use known as “TYC Dance” at 6700 Main Street, Suite 131 within the Shopping Center
(SC) 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 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.
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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 16TH DAY OF MAY 2023.
____________________________________
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
91
Agenda Item No:5.2
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
Discuss and consider an ordinance regarding the Site Plan application of “Dutch Bros Coffee,” an
approximately 950 square-foot drive-thru coffee shop within Lot 8, Block A of the South Colony Retail Center
Addition. The subject site contains approximately 1.01 acres and is located at 4842 Main Street within the
General Retail 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:
SP22-0012 Dutch Bros Coffee - CC Staff Report.doc
Dutch Brothers Exhibits.pdf
Ord. 2023-xxxx Dutch Bros Coffee Site Plan.docx
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CITY COUNCIL REPORT
AGENDA DATE:May 16, 2023
DEPARTMENT:Planning and Zoning Department
SUBJECT SP22-0012 Dutch Bros Coffee – Site Pan
Discuss and consider an ordinance regarding the Site Plan application of “Dutch Bros Coffee,” an
approximately 950 square-foot drive-thru coffee shop within Lot 8, Block A of the South Colony
Retail Center Addition. The subject site contains approximately 1.01 acres and is located at 4842
Main Street within the General Retail Zoning District and the Gateway Overlay District.
OWNER/ENGINEER
Owner:TW Land Development LLC Dallas, TX
Engineer:Christopher Biggers, P.E. Dallas, TX
Dunaway
EXISTING CONDITION OF PROPERTY
The property was previously developed as a Zaxby’s restaurant location.
ADJACENT ZONING AND LAND USE
North- General Retail – Quik Trip
South- General Retail – Prosperity Bank
East-General Retail - Vacant
West- Single-Family 4 - (SF-4)
PROPOSED DEVELOPMENT
The applicant requests site plan approval to redevelop an approximately 1.01-acre restaurant with
drive-thru service use, including demolishing an existing 3,733 square-foot former Zaxby’s and
construct a 950-square-foot drive-thru restaurant, modifying parking, drive aisles, landscaping, and
lighting.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
Staff finds that the proposed Site Plan is consistent with the Zoning Ordinance requirements and
Gateway Overlay where applicable. The Development Review Committee (DRC) recommends
approval as reflected.
PRIOR ACTION
The City of The Colony’s Planning and Zoning Commission at its meeting on April 25, 2023
approved your request (5-1) regarding SP22-0012, discuss and consider making a recommendation
to City Council regarding the Site Plan application of “Dutch Bros Coffee,” an approximately 950
square-foot drive-thru coffee shop within Lot 8, Block A, in the South Colony Retail Center
Addition. The subject site contains approximately 1.01 acres, and is located at 4842 Main Street
within the General Retail Zoning District and the Gateway Overlay District.
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ATTACHMENTS
1. Staff Analysis
2. Location Map
3. Project Narrative
4. Proposed Development Plans Exhibits
ATTACHMENT 1
Land Use Analysis
The proposed coffee shop is located on Main Street and northeast of the intersection of Friendship
Lane in the General Retail (GR) Zoning District and Gateway Overlay District. Restaurants with
drive-thru service are allowed “by–right” within the GR zoning district. Drive-thru coffee shops
are common on Main Street with Dunkin Donuts 750 lf to the north, Scooters Coffee 1,000 lf to
the north, and Starbucks 3,700 lf to the south.
Circulation and Parking
Vehicular access to the subject site is limited to mutual cross-access from the adjacent Quik Trip.
The mutual cross-access connects the subject site to multiple curb cuts along Main Street
including continuous travel to a lighted access at the north end of the adjacent Quik Trip property.
In addition, existing pedestrian access is provided from the restaurant’s front door to the existing
public sidewalk. The site also provides a six-unit (6) bike rack consistent with the Pedestrian and
Bicycle Standards of the Gateway.
The Site Plan reflects adherence to the Vehicular Parking, Parking Lot, and On-Site Traffic
Regulations of the Zoning Ordinance and is consistent with the connectivity intent of the Gateway
Overlay District. The site plan reflects twenty-six (26) parking spaces where eight (8) are required
for parking.
Landscaping and Buffering
The Landscape Plan reflects the planting of various canopy trees, small ornamental trees, shrubs,
and ground cover consistent with development within the Gateway Overlay District. The site’s
previous development as a restaurant provides twelve old-growth canopy trees, crape myrtles, and
shrubs.
The applicant’s Landscape Architect appraised the existing Green Ash trees on site as healthy;
Green Ash trees are presently prohibited from new plantings due to the Emerald ash borer and a
new Gateway plant list. The application for the redevelopment of the subject site predates the
new plant list ordinance, therefor Green Ash trees are tallied, but no new plantings nor replantings
would be possible. If the Green Ash trees as healthy existing conforming non-prohibited species
were removed, the site would need to accommodate six new canopy trees. Due to utility conflicts
and the presented rich tree canopy, additional trees are not appropriate.
All landscaping will be irrigated in compliance with City standards. The Landscape Plan also
provides the minimum landscape buffer distances, planting counts, and required screening walls
to comply with the Gateway Overlay District.
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Building Elevations
The elevation plan reflects a contemporary drive-thru restaurant aesthetic. Façades contain a mix
of forms, materials, and articulations to provide visual interest. The color selection is reflective of
branding with blues and grays.
Development Review Committee Review
Staff finds that the proposed Site Plan is consistent with the Zoning Ordinance requirements and
Gateway Overlay where applicable. The Development Review Committee (DRC) recommends
approval as reflected.
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This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness or
accuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No: SP22-0012 - Dutch Bros. Coffee
SP22-0012
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023-_____
SITE PLAN – “DUTCH BROS COFFEE”
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR
“DUTCH BROS COFFEE,” AN APPROXIMATELY 950 SQUARE-FOOT
RESTAURANT WITH DRIVE-THRU SERVICE. THE SUBJECT SITE IS
LOCATED AT 4842 MAIN STREET, LOCATED NORTHEAST OF THE
OF THE INTERSECTION OF MAIN STREET (F.M. 423) AND
FRIENDSHIP LANE WITHIN THE GENERAL RETAIL (GR) ZONING
DISTRICT AND THE GATEWAY OVERLAY DISTRICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of The
Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the
City of The Colony, Texas, 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 Site Plan Application No. SP22-0012 for the Site Plan application for “Dutch Bros Coffee,” an
approximately 950 square-foot Restaurant with drive-thru service located at 4842 Main Street,
located northesast of the intersection of Main Street (423) and Friendship Lane,within the General
Retail (GR) zoning district and the Gateway Overlay District, should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2.That the City Council of the City of The Colony, Texas, does hereby
approve the Site Plan, Landscape Plan, tree preservation plan, and building elevations, applicable
to the subject area, 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 16TH DAY OF MAY 2023.
____________________________________
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
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Agenda Item No:5.3
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Isaac Williams
Submitting Department: Planning
Item Type: Ordinance
Agenda Section:
Subject:
[CONTINUED FROM 04/04/2023] Conduct a public hearing, discuss and consider an ordinance regarding a
Specific Use Permit (SUP) of a Helistop use for “drone” delivery services from within the parking lot at 4691 SH
121 (Walmart), the subject site is located northwest of the intersection of Main Street and SH 121 and is within
the General Retail (GR) 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:
SUP23-0003 CC Staff Report DroneUp (final for CC postpone).doc
DroneUp - The Colony - Location Map.pdf
Narrative Description and flight map.pdf
SUP23-0003 DroneUp at Wal-Mart Locator Map.pdf
P&Z Minutes 03-14-23 FINAL.doc
Ord. 2023-xxxx Helistop SUP.docx
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CITY COUNCIL REPORT
AGENDA DATE:May 16, 2023 (Consideration postponed from April 4, 2023)
DEPARTMENT:Planning and Zoning Department
SUBJECT:SUP23-0003 – 4691 SH 121 – DroneUp at Walmart
Conduct a public hearing, discuss and consider an ordinance regarding a Specific Use Permit
(SUP) of a Helistop use for “drone” delivery services from within the parking lot at 4691 SH 121
(Walmart), the subject site is located northwest of the intersection of Main Street and SH 121 and
is within the General Retail (GR) zoning District and the Gateway Overlay District.
OWNER/APPLICANT
Owner: Wal-Mart Real Estate Business Trust Bentonville, AR
Applicant:Anthony Vitone, DroneUp Virginia Beach, VA
Bill Dahlstrom, Jackson Walker, LLP Dallas, TX
Victoria Morris, Jackson Walker, LLP Dallas, TX
EXISTING CONDITION OF PROPERTY
The proposed area is within the parking area for the Walmart Supercenter.
ADJACENT ZONING
North - Business Park (BP) and Planned Development 19 (PD-19) – Office/Warehouse
South - N/A – City limit of Lewisville across State Highway 121
East-Planned Development 11 (PD-11) – Mixed Retail
West-General Retail (GR) – Whataburger
BACKGROUND
The City conducted a predevelopment meeting with representatives of the Wal-Mart and
DroneUP drone delivery service. The representatives were advised of the general requirements
and sequence of the proposed operation. This information included a notice to secure a Specific
Use Permit to establish the landing pad use within the parking area, and the Site Plan to entitle
land development of the service.
Approximately November 23, 2022, staff was advised that unpermitted drone delivery services
were in operation at the Wal-Mart Supercenter. The operators and property owners were
compelled to temporarily discontinue operations. Limited operations resumed contingent on the
pursuit of the necessary entitlements.
PROPOSED DEVELOPMENT
The proposed use is a helistop to accommodate the drone delivery services of Wal-Mart. The
drones will be operated by DroneUp, a national delivery and flight service operator. The initial
operations are intended to primarily service the city of The Colony neighborhood Ridgepointe and
the city of Lewisville neighborhood The Meridian.
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The request entails a landing pad, initially consisting of the ground level staging area within eight
(8) existing parking spaces (approximately 1,300 square feet) in the south parking field of the
Wal-Mart. Future development include construction of a multi-story tower to accommodate an
elevated landing pad and line of sight requirements.
PRIOR ACTION
On March 14, 2023 the Planning and Zoning Commission voted (5-1) to approve the request
regarding the Specific Use Permit (SUP) of a Helistop use for “drone” delivery services from
within the parking lot at 4691 SH 121 (Walmart) subject to the conditions as stated in the staff
report and adherence to all applicable FAA regulations.
On April 4, 2023 the City Council postponed consideration of the request to May 16, 2023 at the
behest of the applicant.
DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) has no objections to the proposed use subject to the
conditions as stated in the staff report and adherence to all applicable FAA regulations.
ATTACHMENTS
1. Staff Analysis
2. Location Map
3. SUP Exhibits
4. Applicant Narrative
5. Planning and Zoning Commission
minutes
ATTACHMENT 1
Staff Analysis
LAND USE ANALYSIS
The applicant requests SUP approval to establish the landing pad and basis for drone delivery at
4691 State Highway 121. The SUP will encompass an approximately 1,300 square foot area
dedicated to the “Helistop” (landing and staging) operations for DroneUp, package delivery
service. The Helistop is ancillary to the drone delivery operations; the drone delivery operations
are accessory to the Wal-Mart retail operations. The applicant has indicated that the activity is
similar to “in-person delivery systems.”
Drone flight operations are regulated by Federal Aviation Administration guidelines, however the
necessary landing pad is addressed by the “Helistop” definition.
Helistop is defined as:
“A landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross
weight of six thousand (6,000) pounds and not for regularly scheduled stops and subject to
approval by the City of The Colony.”
The applicant reflects operations as the following:
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DroneUp shoppers will facilitate the purchase of goods from Walmart stores and prepare
the items for delivery.
DroneUp's hub employees deliver products by drone to customers who are located within
the delivery area, as shown on the Flight Area Map.
Packages can weigh no more than ten (10) pounds, and pilots maintain visual line of site
with the drones at all times. Every pilot holds a remote pilot certificate under the Federal
Aviation Administration's (“FAA”) Small UAS Rule, Part 107.
o The primary way pilots maintain visual line of sight with the drone is from the Remote
Pilot in Command (“RPIC”) station.
o A secondary way to maintain visual is by using Visual Observers (“VO”) for times
when buildings or other objects prevent the RPIC from maintaining sight, as permitted
under Small UAS Rule, Part 107 .
o Not only are the RPIC and VO sharing the responsibility to maintain sight of the UAS,
they are also tasked with clearing the airspace around the UAS to give right of way in
the event of a potential conflict with a manned aircraft.
The applicant states that DroneUp’s current operational area services approximately 900 homes,
and their flight operations consist of approximately fifteen (15) flights per day (the maximum
package weight is ten (10) pounds). The applicant indicates the hours of operation are 10:00am to
6:00pm.
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:
1.Conformance with the City of The Colony’s Comprehensive Plan;
The Future Land Use Map identifies this area as “121 Corridor” (prior to update
adoption). This area contains a variety of existing and planned land uses including single-
family and multifamily residential, commercial, retail, office and industrial. During
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. Currently only three zoning districts are utilized within the corridor. They
include Business Park, General Retail and Planned Development (PD). However, the
permitted uses within the PDs include single-family residential, multifamily residential,
commercial, industrial and business park. The proposed project is considered ancillary
with the primary retail function of the Wal-Mart Supercenter; the Supercenter is intended
to provide retail services to the nearby development.
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.
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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;
Utilizing the temporary tent as staging and shelter is not anticipated to be incompatible
with existing or permitted uses on abutting sites.
The proposed temporary tents (10’ by 10’) typically do not permit and the applicant has
indicated these will be removed and stored on a daily basis. However, if approved, a more
permanent tower structure will be required and a site plan reflecting the proposed tower,
and any accompanying development will be evaluated for compatibility.
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 staging area for deliveries is a stationary location where the “runners” will bring
merchandise for delivery. The applicant indicates traffic cones and traffic barriers will be
used to prevent vehicular and pedestrian (runner) conflicts. Otherwise, no specific
impacts are anticipated with the operations at this time. The applicant has indicated an
intent to construct a tower to accommodate the operations. A site plan will be required,
and the safety and convenience of vehicular and pedestrian circulation will be further
evaluated.
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;
Staff does not anticipate any impacts to persons or property from erosion, flood/water
damage, fire, noise, glare, air quality, dust/odor and similar hazards. The applicant has
indicated that at 20 feet in the air the drones emit sound at approximately 78 decibles.
This is a level that is typically lower than that of a busy nearby thoroughfare.
6.Location, lighting and type of signs; the relation of signs to traffic control and
adverse effect of signs on adjacent properties;
The existing shopping center contains traditional lighting standards for parking fields.
Specific lighting associated with the permanent construction will be provided with the
required site plan. No special conditions for lighting are proposed at this time. Further
evaluation of lighting will occur at site planning.
7.Adequacy and convenience of off-street parking and loading facilities;
The area dedicated to the DroneUp operations will occupy existing parking spaces. The
Wal-Mart Supercenter has a surplus of parking and occupation of these spaces is not
anticipated to negatively impact the existing parking or circulation of the Wal-Mart
Supercenter. The package transit from the store to the staging will be provided by
DroneUp employees. These employees will utilize parking as directed by Wal-Mart.
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;
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The helistop will service an accessory activity to the retail operations of Wal-Mart with
hours of operations of 10:00am to 6:00pm. It is not anticipated that this activity will be
incompatible 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
Operations of any drones must be subject to all applicable federal regulation including but
not limited to Federal Aviation Administration (“FAA”) Small UAS Rule, Part 107.
The applicant’s requests includes the following conditions:
1. The helistop is to be located in the area designated on the Location Map, attached
hereto as “Exhibit A”.
2. Electric generators are permitted within the heliport area.
3. Not more than six (6) months after the passage of this Ordinance, the property
owner or property owner’s representative shall make an application with the City
of The Colony for a permanent structure to service the heliport governed by this
Specific Use Permit. In the event such application has not been made, the City
reserves the right to call a public hearing to determine whether to terminate this
Specific Use Permit.
It is also indicated that the use of the temporary tents will include procedures to remove
and store the tents on a daily basis.
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.
There is no anticipation of detrimental effects to the public health, safety or welfare.
However, with potential site development and greater service area, a documented
operation procedure to address accidents should accompany the site plan documents
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 March 18, 2023. In addition, the Zoning Ordinance requires notification of
property owners located within 200 feet of the subject property. Public Hearing notices were
mailed on March 18, 2023 to adjacent property owners. No comments either for or against the
SUP were received as of printing of this packet.
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DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW
The Development Review Committee (DRC) has no objections to the proposed use subject to the
conditions as stated in the staff report and adherence to all applicable FAA regulations.
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34916290v.3
NARRATIVE DESCRIPTION
4691 State Highway 121, The Colony, Texas 75056 (the “Property”)
DroneUp is a national delivery and flight service operator, with a mission to be the most
open and flexible flight services partner in the drone industry. With an integrated platform,
DroneUp helps make drones the most simple and efficient way for businesses to reach their
communities.
DroneUp has strategically partnered with Walmart to provide drone delivery services for
its customers. Similar to other in-person delivery systems, DroneUp shoppers will facilitate the
purchase of goods from Walmart stores and prepare the items for delivery. DroneUp's hub
employees deliver products by drone to customers who are located within the delivery area, as
shown on the Flight Area Map (attached hereto as “Exhibit A”). Packages can weigh no more
than ten (10) pounds, and pilots maintain visual line of site with the drones at all times. In
addition, the drones currently emit approximately 78 decibels of sound when hovering at 20 feet
in the air, which is less than a standard truck’s decibel emission.
Every drone pilot holds a remote pilot certificate under the Federal Aviation
Administration's (“FAA”) Small UAS Rule, Part 107. The primary way pilots maintain visual
line of sight with the drone is from the Remote Pilot in Command (“RPIC”) station. A
secondary way to maintain visual is by using Visual Observers (“VO”) for times when buildings
or other objects prevent the RPIC from maintaining sight, as permitted under Small UAS Rule,
Part 1071. Not only are the RPIC and VO sharing the responsibility to maintain sight of the
UAS, they are also tasked with clearing the airspace around the UAS to give right of way in the
event of a potential conflict with a manned aircraft.
Given the outdoor operations, aluminum frame tents are used to shield shoppers and
drone pilots from inclement weather, while delivery drones operate from a temporary launch
platform. The tent dimensions are 10 feet by 10 feet, the launch platform is 29 inches in height,
and the area is surrounded by heavy duty traffic cones and traffic cone bars. The te nts are taken
down and stored on a daily basis. In addition, the operations utilize a mobile generator2.
DroneUp’s current operational area services approximately 900 homes, and their flight
operations consist of approximately fifteen (15) flights per day, including test flights and
customer orders. As market demand increases, DroneUp intends to increase the number of flights
to allow for additional testing, while meeting customer demands. DroneUp’s hours of operations
are from 10:00 am – 6:00 pm.
Existing or permitted uses on adjacent properties will not be affected by DroneUp’s
operations, as they are unobtrusive, safe, and convenient. In addition, vehicular and pedestrian
circulation in the vicinity will not be disturbed, as the facilities are located on the periphery of
the Property and do not generate additional traffic.
1 Please refer to the following link for more information: https://www.ecfr.gov/current/title-14/chapter-I/subchapter-
F/part-107/subpart-B/section-107.31.
2 The mobile generator that is currently used is the Wacker Neuson G25 Mobile Generator.
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34916290v.3
It is our understanding that the City of The Colony does not have a drone-specific
Specific Use Permit. As such, and in conformance with the applicable zoning regulations, this
request is to have a helistop use on the Property.
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34916290v.3
Exhibit A
Flight Area Map
115
M
AIN S
T
SH 121MEMORIALDRSAM RAYBURN TOLLWAYLIVEOAKDR
EXITSTANDRIDGE/CASTLEHILLS4709
4350
3700
4701
3701
3705
4695
3800
3805
47113750
4675
4691
4683
4687
3751
4679
4401
P D 1 1
P D 1 9
G RGR
B PBP
This map was generated by GIS data provided by The Colony GIS Department. The City of The Colony does not guarantee the correctness oraccuracy of any features on this map. These digital products are for llustration purposes only and are not suitable for site-specific decision making. ±Project No:SUP23-0003 - DroneUp at Wal-Mart
SU P23 -000 3
Business Pa rk
General R eta il Plann ed Development 11 Plann ed Development 19
SubjectArea
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1
MINUTES
CITY OF THE COLONY
PLANNING AND ZONING COMMISSION
TUESDAY, MARCH 14, 2023
After determining that a quorum was present, the Planning and Zoning Commission of the City of
The Colony, Texas convened into Regular Session which was held on Tuesday, March 14, 2023 at
6:30 p.m. in the City Council Chambers located at City Hall, 6800 Main Street, The Colony, Texas,
at which time the following items were addressed:
Board Members Present: Karen Hames, Dan Rainey, Brenda Armour, Detrick DeBurr, Kenneth
Flo, and A.B. Martin
Board Members Absent: none
Staff Present: Isaac Williams, Planning Director; Ed Voss, Attorney; Ana Alvarado, Planning
Technician; Keyl Groff, Planner; Naim Khan, Senior Engineer; Jeromy Lucas, Fire Marshal; Judy
Ensweiler, City Council
1.0 CALL REGULAR SESSION TO ORDER
Chair Hames called the regular session of the Planning and Zoning Commission meeting to order at
6:30 p.m.
1.1 CITIZEN INPUT
Chair Hames opened the floor for citizen input at 6:30 p.m. No citizen came forward for input.
Citizen input was closed at 6:30 pm.
2.0 CONSENT AGENDA
2.1 Consider approval of the minutes of February 28, 2023 Regular Session.
Chair Hames read Consent Agenda Item 2.1 into the record.
Commissioner Armour made a motion to approve item 2.1, seconded by Commissioner
Martin. The motion carried (6-0).
3.0 PUBLIC HEARING ITEMS
3.1 SUP23-0003 – 4691 SH 121 – DroneUp at Walmart
Conduct a public hearing, discuss and consider making a recommendation to City
Council regarding a Specific Use Permit (SUP) of a Helistop use for “drone” delivery
services from within the parking lot at 4691 SH 121 (Walmart), the subject site is
located northwest of the intersection of Main Street and SH 121 and is within the
General Retail (GR) zoning District and the Gateway Overlay District.
Chair Hames read Public Hearing Item 3.1 into the record.
Mr. Williams presented the staff report.
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City of The Colony
March 14, 2023
Planning and Zoning Commission Meeting Minutes
Page 2 of 4
2
Chair Hames asked if we have any City regulations for drone usage.
Staff responded outside of this request there has not been any interest for this type of use, however,
as this type of use becomes more frequent and the board and city council ask staff to review this,
then regulations can be put in place.
Chair Hames asked where do drones fall in our current ordinance.
Staff responded that they do not fall within our ordinance. The City currently does not regulate
drones.
Chair Hames asked for clarification on the size of the tent being used and whether it requires a
permit.
Staff responded that it is a 10’ x 10’ and does not require a city permit because of the size. The tents
are providing shelter from the elements for the time being.
Commissioner Flo asked if the safety components of the drone operations falls within the FAA
regulations or the City’s.
Staff responded that there is an opportunity for the board to have an evaluation of the safety aspect
of the operations except for the areas regulated by the FAA.
Commissioner Martin requested that the permanent location be evaluated and placed on a less
congested area then it is currently.
Commissioner Rainey asked if there will be night flights and if there is a process in place for a
drone down.
Staff responded that 10:00 a.m. to 6:00 p.m. was stated in the application and in case of a drone
down call it would be our emergency response and DroneUp can speak regarding their own
procedures for such cases.
Chair Hames opened the public hearing at 6:51 p.m.
Mr. William Dahlstrom spoke in favor of the project.
Mr. Jason Beim spoke in favor of the project.
Chair Hames asked for clarification on what the permanent helistop will look like at Walmart.
Mr. Beim showed a picture of what the permanent helistop will look like.
Chair Hames asked where the drone drops packages if there is not visible site line in the front yard
due to heavy landscaping.
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Mr. Beim responded that DroneUp coordinates with the homeowner to determine the drop zone.
The drones are capable of dropping packages in the front yard, driveway, and backyard or if for
some reason there is no visible site then the drone will return to Walmart with the package and the
client will be notified,
Chair Hames asked if this is similar to Amazon that the client gets notifications and a picture of
where the package was dropped off.
Mr. Beim responded that there will be notifications to the client from the time the package is
airborne to the time it is delivered on site.
Chair Hames asked how many drones will operate at a time.
Mr. Beim responded that one drone will be operational at a time.
Chair Hames asked if wind factors into flight schedules.
Mr. Beim responded that the drones have manufacture specs that DroneUp does not deliver in wind
speeds greater than 21 nautical mph.
Chair Hames asked if DroneUp has an issues with people hacking or shooting down their drones at
the other operating locations.
Mr. Beim responded that they have teams and redundancy built in to their systems to ensure
hacking does not occur and to ensure that their drones operate and land safely at all times.
Commissioner Flo asked why the DroneUp operations was not set closer to the northwest corner of
Walmart by the drive-up delivery service, a less congested area.
Mr. Beim responded that personal will go into the store, pick the order, pay through Wal-Mart and
walk it out to the DroneUp helipad. The location they select for the helipad has to comply with
OSHA standards regarding a distance from the operations to the closest restrooms.
Commissioner Armour asked if DroneUp anticipates any night deliveries in the future.
Mr. Beim, responded that as of now there is no night delivery in Texas, but there is no certainty if in
the future that could happen. Right now DroneUp operates on a single crew if in the future they did
night flights it would require a second crew and DroneUp is not there yet.
Commissioner Rainey asked for clarification on the timeframe to allow the specific use permit for
the temporary operations of DroneUp at Wal-Mart.
Staff responded that the use will not be temporary, once approved it will be allowed on the site.
What is temporary are the current DroneUp operations and helistop. The SUP will have specific
conditions within it that will require DroneUp and Wal-Mart to submit for site plan within the next
six months in order to keep the use on the site. If conditions are not met the board can review the
revocation of the use on the site.
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Chair Hames closed the public hearing at 7:20 p.m. and the board went into executive session per
Section 551.071 of the Texas Government Code to seek consultation with the city attorney.
Chair Hames reconvened the board at 8:03 p.m.
Commissioner DeBurr made a motion to approve item 3.1, seconded by Commissioner
Martin. The motion carried (5-1).
3.2 SI23-0003 – Comprehensive Plan Update
Conduct a public hearing to discuss and consider a text amendment to the Code of
Ordinances, Appendix D- Comprehensive Plan by amending and updating the City’s
Comprehensive Plan and Future Land Use Map.
Chair Hames read Public Hearing Item 3.2 into the record.
Mr. Williams presented the staff report.
Chair Hames recommends that cultural and multi-cultural efforts need to be highlighted in the plan
and explored by staff as future opportunities through a committee formation or other exploration.
Commissioner Rainey recommends that S. Colony Blvd and Paige Rd should be a priority to create
a city center; new technology should play a role in the comprehensive plan to encourage people to
get out of cars such a using electric bikes; and Little Elm ISD buildings in The Tribute should be
shown on the plan along with Fire Station No. 5.
Chair Hames closed the public hearing at 8:27 p.m.
Commissioner Rainey made a motion to approve item 3.2, seconded by Commissioner
Armour. The motion carried (6-0).
There being no further business to come before the Commission, Chair Hames adjourned the
Regular Session of the Planning and Zoning Commission at 8:28 p.m.
Karen Hames, Chairman
Isaac Williams, Planning Director
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2023 - ________
SPECIFIC USE PERMIT (SUP) –4691 SH 121 HELISTOP –DRONEUP AT WALMART
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT (SUP) TO
ALLOW A HELISTOP FOR DRONE DELIVERY SERVICES, KNOWN AS
DRONEUP AT WALMART AND LOCATED AT 4691 SH 121, THE
COLONY, TEXAS, WITHIN THE GENERAL RETAIL (GR) 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. SUP23-0003 should be approved with conditions to allow a helistop for drone delivery
services, known as Drone Up at Walmart located at 4691 SH 121, The Colony, Texas, within the
General Retail (GR) Zoning District and the Gateway Overlay Districtas reflected on and attached
hereto as Exhibit A of this Ordinance.
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 No. SUP23-0003 should be approved with conditions to allow a
helistop for drone delivery services, known as Drone Up at Walmart located at 4691 SH 121, The
Colony, Texas, within the General Retail (GR) Zoning District and the Gateway Overlay 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 16TH DAY OF MAY, 2023.
____________________________________
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
1. The helistop is to be located in the area designated on the Location Map, attached
hereto as “Exhibit A”.
2. Electric generators are permitted within the heliport area.
3. Not more than six (6) months after the passage of this Ordinance, the property owner
or property owner’s representative shall make an application with the City of The
Colony for a permanent structure to service the heliport governed by this Specific
Use Permit. In the event such application has not been made, the City reserves the
right to call a public hearing to determine whether to terminate this Specific Use
Permit.
4. Temporary tents (10’by10’) will be removed and stored on a daily basis.
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Agenda Item No:6.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Kimberly Thompson
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:
125
Agenda Item No:7.1
CITY COUNCIL Agenda Item Report
Meeting Date: May 16, 2023
Submitted by: Kimberly Thompson
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:
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