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HomeMy WebLinkAboutCity Packets - City Council - 06/20/2023 - RegularAgenda Item No:1.5 CITY COUNCIL Agenda Item Report Meeting Date: June 20, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Miscellaneous Agenda Section: Subject: Items of Community Interest Suggested Action: Attachments: 4 Agenda Item No:1.6 CITY COUNCIL Agenda Item Report Meeting Date: June 20, 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: 5 Agenda Item No:3.1 CITY COUNCIL Agenda Item Report Meeting Date: June 20, 2023 Submitted by: Kimberly Thompson Submitting Department: Community Image Item Type: Presentation Agenda Section: Subject: Provide an update on the 2023 Mission TC Volunteer Assistance Program projects. (Dill) Suggested Action: Attachments: 6 Agenda Item No:3.2 CITY COUNCIL Agenda Item Report Meeting Date: June 20, 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: 7 Agenda Item No:4.1 CITY COUNCIL Agenda Item Report Meeting Date: June 20, 2023 Submitted by: Kimberly Thompson Submitting Department: City Secretary Item Type: Minutes Agenda Section: Subject: Consider approving City Council Special Session meeting minutes from June 5, 2023, Regular Session meeting minutes from June 6, 2023, and Special Session meeting minutes from June 12, 2023. (Stewart) Suggested Action: Attachments: June 5, 2023 Special Session Board Interviews DRAFT Minutes.doc June 6, 2023 DRAFT Minutes.docx June 12, 2023 Special Session Board Interviews DRAFT Minutes.doc 8 MINUTES OF CITY COUNCIL SPECIAL SESSION HELD ON JUNE 5, 2023 The Special Session of the City Council of the City of The Colony, Texas, was called to order at 6:35 p.m. on the 5 th day of June 2023, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer Mayor Present Judy Ensweiler Councilmember Present Robyn Holtz Councilmember Present Brian Wade Deputy Mayor Pro Tem Present David Terre Councilmember Absent (Personal) Perry Schrag Councilmember Present Joel Marks Mayor Pro Tem Absent (Business) In addition,with 5council members present,a quorum was established and thefollowing items were addressed: 1. Call to Order – Mayor Boyer called the meeting to order at 6:35 p.m. 2. City Council to conduct interviews for appointments to the following advisory boards: Board of Adjustment, Community Development Corporation and Planning and Zoning Commission Executive Session was convened at 6:35 p.m. Executive Session: 3. The City Council shall convene into closed executive session pursuant to Section 551.074 of the Texas Government Code to conduct interviews and to deliberate the appointment, evaluation, reassignment, or duties of the following advisory boards: Board of Adjustment, Community Development Corporation and Planning and Zoning Commission Regular Session was reconvened at 9:08 p.m. Executive Session Action: 4. Any action as a result of executive session regarding the appointment, evaluation, reassignment, or duties of the following advisory boards: Board of Adjustment, Community Development Corporation and Planning and Zoning Commission 9 Motion to reappoint Ken Flo to Place 3, Dan Rainey to Place 4, AB Martin to Place 5 and Brenda Armour to Place 6 on the Planning & Zoning Commission Advisory Board- Schrag; second by Ensweiler, motion carried with all ayes. Motion to reappoint Joshua Knapp to Place 4, Kathy Ray to Place 5 and Allen Harris to Place 6 on the Community Development Corporation Advisory Board- Schrag; second by Ensweiler, motion carried with all ayes. Motion to appoint Michelle Potts to Place 3 and Angel DeLory to Place 4 on the Board of Adjustment Advisory Board- Schrag; second by Ensweiler, motion carried with all ayes. Adjourn With no further business to discuss, the meeting was adjourned at 9:12 p.m. APPROVED: ________________________________ Richard Boyer, Mayor City of The Colony ATTEST: ____ Tina Stewart, TRMC, CMC, City Secretary 10 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 JUNE 6, 2023 The Regular Session of the City Council of the City of The Colony, Texas, was called to order at 6:32 p.m. on the 6 th day of June 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 6:32 p.m. 1.2 Invocation Councilman Schrag delivered the invocation. 1.3 Pledge of Allegiance to the United States Flag The Pledge of Allegiance to the United States Flag was recited. 1.4 Salute to the Texas Flag Salute to the Texas Flag was recited. 1.5 Items of Community Interest 1.5.1 Receive presentation from Parks and Recreation regarding upcoming events and activities. Special Events Supervisor, Lindsey Stansell, provided upcoming events and activities to the Council. 2.0 CITIZEN INPUT Diane Beck, 2421 Mercedes Rd., spoke on SPAN and her rights as a citizen. Chris Palazzi, 3017 Aberdeen, expressed concerns with property taxes. 11 City Council – Regular Meeting Agenda June 6, 2023 Page| 2 3.0 WORK SESSION 3.1 Receive a presentation and provide direction to staff regarding U-Turn sign locations along FM 423. Director of Engineering, Ron Hartline, presented this item. Council provided direction to move forward on it. 3.2 Presentation and discussion of new events and activities under consideration in association with the LPGA event scheduled for October 2023. James Clark, Vice-President/Event Coordinator with Outlyr, gave an overview of the BITE by the Lake program and requested $100,000.00 to help launch it. Council provided direction to continue discussion. 3.3 Discussion regarding Short-term Rentals. City Attorney, Jeff Moore, provided an update on this item. Council provided direction to add a future agenda item in July with a public hearing. 3.4 Receive a presentation, discuss and give direction to staff regarding the boundaries of the Gateway Overlay District. Director of Planning, Isaac Williams, provided an overview of this item. Council requested for staff to provide recommendations to consider as a Regular Session item for a future public hearing. 3.5 Council to provide direction to staff regarding future agenda items. None. 4.0 CONSENT AGENDA Motion to approve all items from the Consent Agenda – Marks; second by Wade, motion carried with all ayes. 4.1 Consider approving City Council Regular Session meeting minutes from May 16, 2023. 4.2 Consider approving Council expenditures for April 2023. 4.3 Consider approving a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the City of Allen for mutual aid for Information Technology Services. RESOLUTION NO. 2023-045 12 City Council – Regular Meeting Agenda June 6, 2023 Page| 3 5.0 REGULAR AGENDA ITEMS 5.1 Discuss and consider approving an ordinance amendment to increase the wastewater budget contractual services line item by $433,134.00 from the Utility Fund Balance for sludge hauling. Director of Public Works, James Whitt, presented this item and answered questions from Council. Motion to approve– Schrag; second by Ensweiler, motion carried with all ayes. ORDINANCE NO. 2023-2514 5.2 Discuss and consider approving a resolution authorizing the City Manager to execute a Construction Services Contract in the amount of $638,075.00 with Canary Construction, Inc. for the Wastewater Pipe Crossing Replacement at Office Creek Project. Director of Engineering, Ron Hartline, gave an overview of this item. Motion to approve– Wade; second by Holtz, motion carried with all ayes. RESOLUTION NO. 2023-046 5.3 Discuss and consider approving an ordinance amending Chapter 8 of the Code of Ordinances, entitled “FINANCE AND TAXATION,” by amending Article I, by amending a new section 8-15, entitled “HOMESTEAD EXEMPTION” by establishing a homestead tax exemption in the amount of one percent (1.0%) or $5,000.00 of the appraised value of the homestead. Assistant City Manager, Tim Miller, gave an overview of this item and answered questions from Council. Motion to approve– Ensweiler; second by Wade, motion carried with all ayes. ORDINANCE NO. 2023-2515 Executive Session was convened at 8:36 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). 13 City Council – Regular Meeting Agenda June 6, 2023 Page| 4 B. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to receive legal advice from the City Attorney regarding specific use permits. Regular Session was reconvened at 9:43 p.m. 7.0 EXECUTIVE SESSION ACTION 7.1 A. Any action as a result of executive session regarding purchase, exchange, lease or value of real property and commercial or financial information the city has received from a business prospect(s), and the offer of a financial or other incentive to a business prospect(s) No Action B. Any action as a result of executive session regarding specific use permits. No Action ADJOURNMENT With there being no further business to discuss the meeting adjourned at 9:43 p.m. APPROVED: __________________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: _____________________________________ Tina Stewart, TRMC, CMC, City Secretary 14 MINUTES OF CITY COUNCIL SPECIAL SESSION HELD ON JUNE 12, 2023 The Special Session of the City Council of the City of The Colony, Texas, was called to order at 6:32p.m. on the 12th day of June2023, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: Richard Boyer Mayor Present Judy Ensweiler Councilmember Present Robyn Holtz Councilmember Absent (Personal) Brian Wade Deputy Mayor Pro Tem Present David Terre Councilmember Absent (Personal) Perry Schrag Councilmember Present Joel Marks Mayor Pro Tem Present In addition,with 5council members present,a quorum was established and thefollowing items were addressed: 1. Call to Order – Mayor Boyer called the meeting to order at 6:32 p.m. 2. City Council to conduct interviews for appointments to the following advisory boards: Keep The Colony Beautiful, Library and Technologies Motion to reappoint Cris Luce to Place 2, Jane Hughey to Place 3 and Pamela De Santiago to Place 4 on the Keep The Colony Beautiful Board- Schrag; second by Wade, motion carried with all ayes. Motion to reappoint Jonita Harris to Place 4, Joanna Krueger to Place 5 and Jarrett Davis to Place 6 on the Library Board- Schrag; second by Wade, motion carried with all ayes. Motion to reappoint James Ries to Place 2, Robert Michelson to Place 3 and Michael Hawkins to Place 4 on the Technologies Board- Schrag; second by Wade, motion carried with all ayes. Motion to appoint Mike Hugheyto Place 1on the Technologies Board-Schrag; secondby Wade, motion carried with all ayes. Adjourn With no further business to discuss, the meeting was adjourned at 8:34 p.m. 15 APPROVED: ________________________________ Richard Boyer, Mayor City of The Colony ATTEST: ____ Tina Stewart, TRMC, CMC, City Secretary 16 Agenda Item No:4.2 CITY COUNCIL Agenda Item Report Meeting Date: June 20, 2023 Submitted by: Ron Hartline Submitting Department: Engineering Item Type: Resolution Agenda Section: Subject: Consider approving a resolution authorizing the City Manager to execute a Full and Final Compromise, Settlement Agreement, and Release for the removal and reconstruction of the portion of Scotty's Lake Lane installed during the construction of Strike Middle School. (Hartline) Suggested Action: The portion of Scotty's Lake Lane adjacent to Strike Middle School was constructed by Cadence McShane Construction Company, LLC under a contract with the Little Elm School District in conjunction with the construction of Strike Middle School. The city identified problems with the roadway construction and would not accept the project. The Little Elm School District filed a claim against the Cadence McShane Performance Bond and this agreement was developed between the involved parties to resolve the claim and get the roadway installed to acceptable city standards. See attached Full and Final Compromise, Settlement Agreement, and Release document for additional details regarding the problems identified, claim details and final agreement between all the parties involved. City staff recommends approval of this agreement. Attachments: CMC and NTC Ex CSA.pdf Res. 2023-xxx Scotty's Lake Lane Settlement Release Agreement.doc 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2023 - ________ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FULL AND FINAL COMPROMISE, SETTLEMENT AGREEMENT AND RELEASE FOR THE REMOVAL AND RECONSTRUCTION OF THE PORTION OF SCOTTY’S LAKE LANE INSTALLED DURING THE CONSTRUCTION OF STRIKE MIDDLE SCHOOL; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1.That the City Manager of the City of The Colony, Texas, is hereby authorized and empowered to execute a Full and Final Compromise, Settlement Agreement and Release for the removal and reconstruction of the portion of Scotty’s Lake Lane installed during the construction of Strike Middle School. Section 2.That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 20th DAY OF JUNE 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 34 Agenda Item No:5.1 CITY COUNCIL Agenda Item Report Meeting Date: June 20, 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 “State Farm Office Building,” an approximately 3,743 square-foot office building within Lot 4R, Block 1, in the Murchison Addition. The subject site contains approximately 0.4787 acres, and is located at 4654 South Colony Blvd within the Shopping Center 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 recommendation. Attachments: SP23-0004 CC Staff Report State Farm- final.doc SP23-0004 - State Farm Office -Ord Exhibits.pdf Ord. 2023-xxxx State Farm Office Site Plan.docx 35 1 CITY COUNCIL REPORT AGENDA DATE:June 20, 2023 DEPARTMENT:Planning and Zoning Department ______________________________________________________________________________ SUBJECT:SP23-0004 – State Farm Office Building Discuss and consider an ordinance regarding the Site Plan application of “State Farm Office Building,” an approximately 3,743 square-foot office building within Lot 4R, Block 1, in the Murchison Addition. The subject site contains approximately 0.4787 acres, and is located at 4654 South Colony Blvd within the Shopping Center Zoning District and the Gateway Overlay District. APPLICANT/OWNER Owner:Great Dane Enterprises LLC The Colony, TX Applicant: Benjamin Garza Strand Systems Engineering Dallas, Texas EXISTING CONDITION OF PROPERTY The subject property is currently undeveloped. The surrounding area is mostly developed with commercial retail, drive-thru restaurants and daycare services. PROPOSED DEVELOPMENT The applicant requests to develop an approximately 3,743 square-foot, two-story State Farm office building. ADJACENT ZONING AND LAND USE North - Shopping Center (SC) Zoning District- Educational (Preschool) South - Shopping Center (SC) Zoning District- Office Commercial East - General Retail (GR) Zoning District- Restaurant Retail West -Shopping Center (GR) Zoning District- Educational (Montessori) DEVELOPMENT REVIEW COMMITTEE (DRC) REVIEW The Development Review Committee (DRC) finds that the proposed Site Plan is consistent with the Zoning Ordinance requirements and Gateway Overlay where applicable. The DRC recommends approval. PRIOR ACTION On June 13, 2023, the Planning and Zoning Commission voted (6-0) to recommend approval of the Site Plan for the approximately 3,743 square-foot, two-story State Farm office building located at 4654 South Colony Blvd within the Shopping Center Zoning District and the Gateway Overlay District. ATTACHMENTS 1. Staff Analysis 2. Location Map 3. Project Narrative 4. Proposed Development Plans 36 2 ATTACHMENT 1 Staff Analysis Land Use Analysis The proposed office building is located on South Colony Blvd and Westport Drive in the Shopping Center (SC) Zoning District and Gateway Overlay District.General Office uses are allowed “by–right” within the SC zoning district Circulation and Parking Site access will be served by a driveway opening off of Westport Drive and through a mutual access agreement with the owner of the property to the east, “El Super Mercado.” The site will include 20 parking spaces exceeding the requirement of 15 spaces (4.0 per 1,000 SF of GFA). The site also provides a six-unit (6) bike rack consistent with the Pedestrian and Bicycle Standards of the Gateway. 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. 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. Building Elevations The elevation plan reflects a contemporary aesthetic, containing horizontal and vertical articulations. Visual interest and consistency with the intent of the Gateway Overlay District is provided through and a mix of architectural elements such as parapets, awnings and glazing and material changes, including the use of stucco, brick and siding. Development Review Committee Review The Development Review Committee (DRC) finds that the proposed Site Plan is consistent with the Zoning Ordinance requirements and Gateway Overlay where applicable. The DRC recommends approval. 37 S OU TH C OL ONY BLVD MAIN ST WESTPORT DR 101 105 107 109 111 113 115 300 100 4911 4915 50014649 4654 4920 P D T H 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: SP23-0004 - 4654 South Colony - State Farm Office Building SP23-0004 Planned Developm ent, PDTH Shopping Center SubjectArea 38 PROJECT NARRATIVE: STATE FARM OFFICE BUILDING This project is a new general State Farm office building in The Colony at the corner of Westport Drive and S Colony Blvd. The Current Zoning is of Shopping Center (SC). The Facility will be advertised to customers that are covered under this insurance company serviced by the Insurance Agents operating the facility. The proposed two-story office building has a total gross square footage of 3743 sqft. 15 parking spaces will be provided. Landscaping is strategically placed to comply with the City ’s ordinances. This element will soften and enhance the visual appeal of the streetscape. The two-story building provides façade articulation as well as material changes to maintain a strong aesthetic feel facing S Colony Blvd. & Westport Drive. Material selections satisfy the City’s Gateway Requirements. Please reference the Building Elevations Sheet for Material distribution, as well as additional architectural, and material area clarifications that satisfy the City ’s regulations. The State Farm office building will attend policy holders by appointments to provide the best possible experience. The hours of operation for the facility will be Monday through Friday from 8 am to 5 pm. Customers are to park their vehicles on site during business hours of operation due to company policy and liability/insurance purposes. Reference Photometric Plan for illumination distance, beam angle and adjustments facing the parking, and mounting height lot . The proposed use of the facility complies with the provisions of the zoning regulations and zoning district, utilizing screening techniques of landscaping architectural forms compatible with existing establishments. In addition, the facility will not be detrimental to the health, welfare or materially injurious to properties or improvements in the vicinity. 39 © 2023 Microsoft Corporation © 2022 TomTom S COLONY BLVD. Δ WE S T P O R T D R . 0 SCALE: 1" = 20 20 40 20' N N R Know what's below.Call before you dig. CALL 3 BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. SS W OHE OHE 10003 TECHNOLOGY BLVD. WEST DALLAS, TX 75220 972-620-8204 REGISTRATION NO: F-1629 40 CO W M "X" FND. GREAT DANE ENTERPRISES LLC MURCHISON ADDITION BLOCK LOT 4A CITY OF THE COLONY, DENTON COUNTY, TEXAS T T T T TT 1 6 0'-2 5/8 " 13 0 '-4 1 /4" 24 '-0" 1 8 '-0 " 9'-0" 15'-0" 15'-0" Landscape Planting Plan Scale: 1 /8" = 1'-0"1 Plant List - Basic with Images Image Qty Common Name Scheduled Size Latin Name Plant Height Remarks 122 Dwarf Burford Holly 3g Ilex cornuta 'Dwarf Burford'2'0"3' o.c. 10 Live Oak 3" Cal Quercus virginiana 14'0"Single Trunk 8 Crape Myrtle 45g Lagerstroemia indica 7'0"Multi-Trunk 9 Vitex 30g Vitex agnus-castus 7'0"Multi-Trunk 475' 4,321 sf TITLE SCALE DRAWING NUMBER DRAWN BY Land sca pe P lanting P lan S ta te Farm O ffic e 4654 S ou th C olo ny Blvd. L - 1 6/7/23 1/8" = 1'-0"FILE NAME The C o lo ny P roject.vwx DATE 9,670 967 967 967 4 4 4 160 160 4 4 8 8 6 280 7 7 S. Colony Blvd. Westport D r. 792' 15 15 Landsca pe Buffer (15') Lan dscape Buffe r (1 5') C ITY OF THE C O LO NY GATE WAY SATA N D ARDS 41 42 43 LUMINAIRE SCHEDULE CALLOUT SYMBOL LAMP DESCRIPTION BALLAST MOUNTING MODEL INPUT WATTS VOLTS GENERAL PHOTOMETRIC SCHEDULE MEP Consultant Rene' A. Culross Rene' A. Culross, P.E., PLLC 1820 Hunting Green Drive Fort Worth, TX 76134 817-798-6642 raculross@gmail.com F-12230 0 SCALE: 1" = 20 20 40 20' N 44 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2023 - ________ SITE PLAN – 4654 SOUTH COLONY BOULEVARD- STATE FARM OFFICE BUILDING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SITE PLAN APPLICATION FOR “STATE FARM OFFICE BUILDING,” AN APPROXIMATELY 3,743 SQUARE-FOOT OFFICE BUILDING WITHIN LOT 4R, BLOCK 1, IN THE MURCHISON ADDITION, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, THE SUBJECT SITE CONTAINS APPROXIMATELY 0.4787 ACRES OF LAND AND IS LOCATED AT 4654 SOUTH COLONY BOULEVARD WITHIN THE SHOPPING CENTER 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. SP23-0004 “State Farm Office Building,” an approximately 3,743 square-foot office building within Lot 4R, Block 1, in the Murchison Addition, an addition to the City of The Colony, Denton County, Texas. The subject site contains approximately 0.4787 acres, and is located at 4654 South Colony Boulevard within the Shopping Center 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, 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. 45 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 20th DAY OF JUNE 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 46 Exhibit A 47 Agenda Item No:5.2 CITY COUNCIL Agenda Item Report Meeting Date: June 20, 2023 Submitted by: Isaac Williams Submitting Department: Planning Item Type: Ordinance Agenda Section: Subject: Conduct a public hearing, discuss, and consider an ordinance regarding amendments to Appendix A, Section 10A of the Code of Ordinances of the City of The Colony, Texas, by amending Section 10A-500, Gateway Standards Waiver Procedures. (Williams) Suggested Action: Please see the attached staff report for detailed land use and staff recommendation Attachments: SI23-0005 Zoning Text Amendment - Appendix A GWY amendment (Minor and Major Waivers) Staff Report.doc Ord 2023-xxxx Amendment Appendix A Gateway Standards Waivers.doc 48 1 CITY COUNCIL REPORT AGENDA DATE:June 20, 2023 DEPARTMENT:Planning and Zoning Department SUBJECT: SI23-0005 Zoning Text Amendment- Appendix A, Section 10A, Gateway Overlay District Conduct a public hearing, discuss, and consider making an ordinance regarding amendments to Appendix A, Section 10A of the Code of Ordinances of the City of The Colony, Texas, by amending Section 10A-500, Gateway Standards Waiver Procedures. 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 into 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 TEXT: “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. 49 2 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. 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. 50 3 6. Appeal If the Planning Director denies an Alternative Compliance [Minor Waiver] request, the applicant may seek an appeal from the City Council. 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. 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. [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. o 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. o 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. o 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. o 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. o 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. o 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. o 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. 51 4 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. RECOMMENDATION Staff recommends approval of the proposed amendments PRIOR ACTION On June 13, 2023, the Planning and Zoning Commission voted (6-0) to recommend approval of the proposed amendments. ATTACHMENTS 1.Staff Analysis 2.Proposed Ordinance 52 1 CITY OF THE COLONY, TEXAS ORDINANCE NO. ZONING TEXT AMENDMENT- MINOR AND MAJOR GATEWAY STANDARDS WAIVERS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING APPENDIX A, SECTION 10A OF THE CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY AMENDING SECTION 10A-500, GATEWAY STANDARDS WAIVER PROCEDURES PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 211.006(a) of the Texas Local Government Code requires the City of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment before the 15th day before the date of the public hearing; and WHEREAS,Appendix A, Section 24-101(d) of the Code of Ordinances of the City of The Colony, Texas, provides the following “[a] public hearing shall be held by City Council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given per the publication policy of the city, stating the time and place of such hearing, and shall be published a minimum of 15 days prior to the date of the public hearing;” and WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested, and the City Council of the City of The Colony, Texas, is of the opinion and finds that said changes should be granted, and that the Code of Ordinances should be amended. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. 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 of the City of The Colony, Texas, is hereby amended by amending Appendix A, Section 10A of the Code of Ordinances of the City of The Colony, Texas, by amending Section 10A-500, Gateway Standards Waiver Procedures which shall read as follows: 53 2 “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. 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 54 3 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 (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. 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. [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. o 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. o 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. o 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. o 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. 55 4 o 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. o 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. o 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. 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.” SECTION 3.If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4.That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5.Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance 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 20th DAY OF JUNE, 2023. 56 5 _____________________________ Richard Boyer, Mayor City of The Colony, Texas ATTEST: ____________________________________ Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: ____________________________________ Jeffrey L. Moore, City Attorney 57 Agenda Item No:5.3 CITY COUNCIL Agenda Item Report Meeting Date: June 20, 2023 Submitted by: Tina Stewart Submitting Department: City Secretary Item Type: Discussion Agenda Section: Subject: Discuss and consider canceling or rescheduling the City Council Regular Session meeting for July 5, 2023 in observance of Fourth of July. (Council) Suggested Action: Attachments: 58 Agenda Item No:6.1 CITY COUNCIL Agenda Item Report Meeting Date: June 20, 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: 59 Agenda Item No:7.1 CITY COUNCIL Agenda Item Report Meeting Date: June 20, 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: 60