HomeMy WebLinkAboutCity Council-Minutes-05/04/2021 City of Colleyville Page 1
City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, May 4, 2021
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of the SH26 Gateway Project
WS-2 Discussion of the May 4, 2021, City Council regular agenda items
1.EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised
by items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding contemplated
and/or pending litigation, including: Glade Road eminent domain case for
Parcel 150, and 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood
Management, Inc. ET AL
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including: Acquisition of real
property along SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business
prospects the City seeks to have locate, stay, or expand in the City and with
which the City is conducting economic development negotiations; deliberate
the offer of a financial or other incentive to a business prospect
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor Noah Nelson, Compass Christian
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
City Council Agenda May 4, 2021
City of Colleyville Page 2
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4610
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of National Public Works Week - Mayor
Richard Newton and Public Works Director Ray Silva-Reyes
Proclamation in recognition of National Police Week and National Police
Memorial Day - May 9-15, 2021 - Mayor Richard Newton and Police
Chief Michael Miller
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4611
4a Approval of the minutes of the regular City Council meeting of April 20,
2021
4b Approval of the minutes of the Joint City Council and Planning and
Zoning Commission Worksession of April 26, 2021
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-21-2160
Consideration of a Special Use Permit for a Veterinarian Clinic on Lot 1,
Block A, 170 Players Addition, located at 3825 Glade Road, Suite 140,
Case ZC21-006
5b Ordinance O-21-2161
Consideration of a Special Use Permit for a Fence to encroach into the
street side yard setback on Lot 14, Block 1, Kingston Addition, located
at 6516 Kingston Drive, Case ZC21-007
5c Ordinance O-21-2162
Consideration of a Special Use Permit for a Veterinarian Clinic on Lot
2R2A, Block 1, Brown Trail Commons West, located at 4401 Colleyville
Boulevard, Case ZC21-011
City Council Agenda May 4, 2021
City of Colleyville Page 3
6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING
6a Ordinance O-21-2158
Consideration of a zoning change from R-40 Single Family Residential
zoning district to PUD-C Planned Unit Development-Commercial zoning
district on Lots B1A & B2A, Reagan Estates West, City Boundary Split,
located at 7720 Precinct Line Road, Case ZC21-002
6b Ordinance O-21-2159
Consideration of a zoning change from PUD-C Planned Unit
Development-Commercial zoning district to PUD-C Planned Unit
Development-Commercial zoning district on Tract 2C03, Abstract 206,
BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC21-
003
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-21-4612
Consideration of a Replat for Lot 1, Block A, Kety Addition, being Lots
B1A & B2A, Reagan Estates West, City Boundary Split, located at 7720
Precinct Line Road, Case PC21-007
8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-21-4574
Consideration of a request to abandon a previously dedicated right-of-
way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X,
Block E, Old Grove Addition, located at 103 & 105 John McCain Road
and 7189 Cast Iron Forest Trail, Case GC20-007
8b Resolution R-21-4575
Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove
Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot
2X, Block E, Old Grove Addition, located at 103 & 105 John McCain
Road and 7189 Cast Iron Forest Trail, Case PC20-006
9. CITIZEN COMMENTS
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
MAY 4, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-
4613
City Council Agenda May 4, 2021
City of Colleyville Page 4
11. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 30,
2021 by 5:00 p.m.
Christine Loven, TRMC
City Secretary
A quorum of any Colleyville board, commission, or committee may be present at
this meeting.
Any matter on this agenda may, at the discretion of the governing body, be opened
for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1
City of Colleyville
City Council
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, May 4, 2021
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, May 4, 2021, at 5:30 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley,
and Callie Rigney.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Community
Development Director Ben Bryner, City Attorney Whitt Wyatt, and City Secretary
Christine Loven.
WS-1 Discussion of the SH26 Gateway Project
Assistant City Manager Adrienne Lothery reviewed the history of the Gateway
Project and the results of the original bid package, which resulted in only one bid
that was much higher than projected. She then explained MESA performed an
analysis and developed recommendations which will allow the City Council to
provide direction regarding rebidding the project. David Newman and Stan Cowan
of MESA provided a comprehensive analysis of the project scope and the bid that
was received. Mr. Newman stated MESA’s goal is to never compromise the quality
of the project therefore; they reached out to contractors, sub-contractors, and
supply companies to gain better insight as to how to build a new bid packet that
would achieve the City Council’s goals. He then explained the changes to the
original bid packet including value-engineering items such as a gravity wall and
add/alternates which would still meet the original scope and quality expectations
of the City. There was discussion of material costs, value engineered items, use of
stamped concrete, and lighting. The Council directed staff to proceed with the
updated bid package with a shortened response period since the contractors are
familiar with the project.
WS-2 Discussion of the May 4, 2021, City Council regular agenda items
Mayor Newton stated three items would remain tabled: Resolutions R-21-4574 and
R-21-4575, concerning Old Grove, and Ordinance O-21-2159 regarding 151
Coffee.
Mayor Newton adjourned the Worksession at 6:10 p.m. and called the Executive
Session to order.
City Council Minutes May 4, 2021
City of Colleyville Page 2
1. EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised by
items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding contemplated
and/or pending litigation, including: Glade Road eminent domain case for
Parcel 150, and 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood
Management, Inc. ET AL
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including Acquisition of real property
along SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business
prospects the City seeks to have locate, stay, or expand in the City and with
which the City is conducting economic development negotiations; deliberate
the offer of a financial or other incentive to a business prospect
There was no action taken and Mayor Newton adjourned the Executive Session at
6:57 p.m.
Mayor Newton called the regular meeting of the City Council to order at 7:30 p.m.
and called the roll.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley,
and Callie Rigney.
INVOCATION: Pastor Noah Nelson, Compass Christian
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4610
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
City Council Minutes May 4, 2021
City of Colleyville Page 3
Mayor Newton congratulated Councilmember Kelley and Councilmember Rigney on
winning the May 1, 2021 General Election.
Mayor Newton also advised City Council he has met with Kalese Whitehurst, Chief
of Staff, ResponsiveED, who has an extensive background in education, having
served as Education Advisor under Texas Governor Rick Perry. Mayor Newton
advised the Council that Ms. Whitehurst wished to discuss the possibility of
ResponsiveED starting a charter school in Colleyville that would follow the Hillsdale
College curriculum. They currently have charter schools in Flower Mound,
Lewisville and the most recent one in Frisco.
Mayor Newton and the City Councilmembers made the following announcements:
COVID Update – Colleyville is back to pre-pandemic numbers and stable.
Colleyville leads the Tarrant County in percentage of population vaccinated at
54.3%. Southlake is next at 50.79%. All other cities are less than 50%.
Vaccination Update - The Fire Department has approximately 400 doses
remaining of the 1170 Pfizer vaccines received two weeks ago. The department
will store these vaccines and they will be available for future needs, including
second dose availability. The vaccines can remain stored in our specialized freezer
up to six months. If you would like to receive the vaccine, please contact the Fire
Department at 817-503-1465 https://vaccinatecolleyville.timetap.com/. Those
needing assistance signing up should call 817-503-1465.
Car Show Event Wrap Up – On April 24, Colleyville held the third Annual Car
Show. With over 241 registered vehicles, this was our biggest show yet! Taking
home “Best In Show” was a 1946 Ford Woodie owned by Gary Panno. The list of
winning vehicles:
Best in Show: 1946 Ford Woodie
Mayor’s Choice: 1955 Chevrolet Belair
Best Import: 1959 Porsche 356 Convertible
Best Domestic: 1969 Ford F-100
Best Interior: 1965 Pontiac GT
Best Exterior: 1972 Chevrolet C10 Truck
People’s Choice #1: 2007 Porsche Cayman
People’s Choice #2: 1937 Packard C120 Touring
People’s Choice #3: 1946 Ford Woodie
Thank you to everyone who came out to view these gorgeous vehicles. We hope to
see you all next year!
City Council Minutes May 4, 2021
City of Colleyville Page 4
Chamber Lunch May 6 – The next Chamber of Commerce Luncheon will be
Thursday, May 6 at Crown of Life Lutheran Church, 11:30 am – 1:00 pm. Featured
speaker will be Lori Guerrero, CEO and Managing Partner at Trusted Medical. If
you would like to attend, please let Christine Johnson know by Friday, April 30.
Census Data Update Released – The US Census Bureau has released the 2020
Census numbers. Colleyville population is listed at 26,462. Additional information
can be found at data.census.gov
Concerts on the Plaza Continue – On May 9 at 4 p.m. we will host dueling
pianos featuring Arch Hooks and Jimmy Clark. Then on May 16, we will feature the
Texas Trouble band performing the best Honky-Tonk sounds around! Enjoy hits
from Willie Nelson, Merle Haggard, Waylon Jennings, Ray Price, and more. Both
concerts are FREE for all. So bring your lawn chair or blanket and get ready for a
toe-tapping night of fun and dance!
Read 1,000 Books – Let Everyone Know! – Most parents read a large
collection of books to their children. Now you can join the Colleyville Library in
celebrating that effort. Let everyone on your street know with your very own yard
sign! The bright yellow signs are the newest incentive offered to parents and
children who complete the 1,000-book challenge. Does 1,000 books sound
unreachable? It’s not. It is an achievement a lot of parents reach already and may
not be aware they are doing so. Currently there are 150 registered participants
and five who have completed the entire program. The program is simple and easy
to do. Parents can read any book to their child anytime, anywhere. You can even
repeat the books (many times!) Parents are encouraged to sign up for the
program. The program is free to the community and includes a Family Reading
Starter Pack filled with ideas, book suggestions, reading logs, and prize levels.
When parents and children reach 1,000 Books Before Kindergarten, the child will
receive a commemorative t-shirt, Achievement Certificate, photo, and our new
yard sign for your home. For more information or to sign your child up for the
1,000 Books Before Kindergarten program, contact the Library at 817-503-1150.
Proclamation in recognition of National Public Works Week - Mayor
Richard Newton and Public Works Director Ray Silva-Reyes
Mayor Newton presented Public Works Director Ray Silva-Reyes and members of
the department with a proclamation in recognition of National Public Works Week.
Proclamation in recognition of National Police Week and National
Police Memorial Day - May 9-15, 2021 - Mayor Richard Newton and
Police Chief Michael Miller
Mayor Newton presented Chief Miller with a proclamation in recognition of National
Police Week and National Police Memorial Day.
City Council Minutes May 4, 2021
City of Colleyville Page 5
During the proclamation presentations, Mayor Newton thanked the members of all
departments for their service to the City and citizens.
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4611
4a Approval of the minutes of the regular City Council meeting of April 20,
2021
4b Approval of the minutes of the Joint City Council and Planning and Zoning
Commission Worksession of April 26, 2021
Mayor Newton read Resolution R-21-4611 in its entirety.
There was no discussion. Mayor Newton opened and closed the public hearing at
8:00 p.m., as there were no speakers.
Councilmember Nakamura made a motion to approve Resolution R-21-
4611, seconded by Councilmember Rigney.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-21-2160
Consideration of a Special Use Permit for a Veterinarian Clinic on Lot 1,
Block A, 170 Players Addition, located at 3825 Glade Road, Suite 140,
Case ZC21-006
Mayor Newton read the caption of Ordinance O-21-2160.
Community Development Director Ben Bryner presented this item which is a
request for a Special Use Permit (SUP) to allow for Veterinary Clinic Services at
3825 Glade Road, Suite 140. He noted the property is zoned Planned Unit
Development – Residential district, and a Veterinary Clinic business is only allowed
in commercial districts with the approval of an SUP. Director Bryner stated the
proposed zoning change is generally consistent with the City’s comprehensive
plan, and the request is consistent with the land uses located on the property and
the governing zoning district.
Councilmember Dodson noted his concern is this area is designated to be sales tax
generating and there is little sales tax from a veterinary clinic.
City Council Minutes May 4, 2021
City of Colleyville Page 6
Mayor Newton opened the public hearing at 8:06 p.m. Kathy Hadley, 204
Timberline Drive North stated opposition to the request as she felt it was not a
good location for the clinic, or a need for a clinic.
There were no others wishing to speak and Mayor Newton closed the public
hearing.
The applicant, Dr. Chris Dietrich, 4807 Meandering Way, asked to address Ms.
Handley’s concerns. He stated he and his family are Colleyville residents and he
has extensive experience in veterinary hospital operations, including leading 180
hospitals and over 600 veterinarians as a Vice President within Mars Veterinary
Services, (Mars is the world leader in veterinary practice ownership/operation). Dr.
Dietrich stated in 2020, he decided to start a veterinary practice focused on
educating clients to ensure their pets get the gold standard in care, and after
looking at many locations/cities in DFW, he decided to open in Colleyville. Dr.
Dietrich advised he has done research, looked at other cities, and assured the
Council and public there is a need for this clinic in Colleyville. If approved the clinic
will be a high quality and technologically advanced small animal veterinary
hospital, focused on comprehensive preventive care as well as primary care for
acute illness and management of chronic conditions. Dr. Dietrich stated there are
no outdoor kennels or runs, and the indoor pet enclosures are designated for pets
hospitalized for anesthesia or dropped off for treatment/preventive care.
Mayor Pro Tem Lindamood asked Dr. Dietrich about maintenance of the outside
animal waste and concern for odors. Dr. Dietrich stated there is a grass area
outside of the clinic, but the need for outdoor use is unusual as the animals arrive
for a visit and then go home with the owners, and there are no boarding or
kenneling services at the clinic.
Councilmember Dodson asked Dr. Deitrich if there would be any sales tax
generating portion of the business. Dr. Deitrich noted there would be a small retail
area for the sale of harnesses, leashes, and food, but he believes the clinic will
help other businesses in the area grow.
Mayor Newton asked if the area is sound proofed. Dr. Deitrich stated both the
interior and exterior are sound proofed.
Councilmember Callie stated she had concern for the length of fencing. Director
Bryner stated the PUD did not require fencing or screen however, there is not
regulation prohibiting the additional requirement.
Kathleen Hennessey, 5013 Stonebridge Drive, requested the public hearing be
reopened. Mayor Newton reopened the public hearing at 8:20 p.m.
Ms. Hennessey stated there is not enough outside land proposed for the safe
handling of animal waste. She stated waste from animals at a clinic would be more
City Council Minutes May 4, 2021
City of Colleyville Page 7
communicable, addressed concern for the rain washing the waste to the street and
harming other animals.
Kathy Hadley, 204 Timberline Drive North, stated she wished to withdraw her
previous opposition and after hearing Dr. Deitrich, she believes this would be a
good location.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:26 p.m.
This was a first reading therefore; Council did not take any action.
5b Ordinance O-21-2161
Consideration of a Special Use Permit for a Fence to encroach into the
street side yard setback on Lot 14, Block 1, Kingston Addition, located at
6516 Kingston Drive, Case ZC21-007
Mayor Newton read the caption of Ordinance O-21-2161.
Community Development Director Ben Bryner presented this request for a Special
Use Permit (SUP) for a six-foot wooden fence or six-foot wrought iron fence to
encroach into the street side yard setback for a corner lot. Director Bryner stated
staff recommends denial of the requested SUP as it does not meet the technical
requirements of the Land Development Code however, the Planning and Zoning
Commission recommended approval of a wrought iron fence at a 10-foot setback
from the street side property line at their April 12, 2021 meeting by a vote of 5-1.
Mayor Newton asked the applicant, Maria Gonzales to come forward. Mayor
Newton asked Ms. Gonzales why she was requesting the variance. Ms. Gonzales
stated she and her husband have children and they wish to maximize the use of
the yard and provide security and privacy for the outdoor use of their home. She
also stated they purchased the home because it was a corner lot, with acreage,
and was not aware of any fence regulations at the time of the purchase. Mayor
Newton stated the Council does not typically allow an SUP for the fence unless
there is a real determining factor of need. He said he understood the need for
security and recognizes the home was built before the new regulations, which
required a 30-foot setback. He also advised Ms. Gonzales that both street faces
are considered for corner lots and for aesthetics.
There was general discussion with Ms. Gonzales and City Manager Jerry Ducay
regarding potential locations of the fencing.
Mayor Pro Tem Lindamood asked staff to provide a new exhibit at the next
meeting.
City Council Minutes May 4, 2021
City of Colleyville Page 8
Mayor Newton opened and closed the public hearing at 8:47 p.m., as there were
no speakers.
This was a first reading; therefore, Council did not take any action.
5c Ordinance O-21-2162
Consideration of a Special Use Permit for a Veterinarian Clinic on Lot
2R2A, Block 1, Brown Trail Commons West, located at 4401 Colleyville
Boulevard, Case ZC21-011
Mayor Newton read the caption of Ordinance O-21-2162.
Community Development Director Ben Bryner presented this request for a Special
Use Permit (SUP) to allow for Veterinary Clinic Services at 4401 Colleyville
Boulevard, which is zoned CC-2 Shopping Center district, and is only allowed in
commercial districts with the approval of an SUP. Director Bryner stated the
request is consistent with the land uses located adjacent to the subject property
and the governing zoning district, and the submitted site, building, and
landscaping plan meet the requirements of the land development code. He stated
the project would need to go through the platting, site plan, and building permit
approval processes.
Director Bryner answered questions of the City Council regarding fencing and wall
requirements, indoor kennels, tree requirements, landscaping, and outdoor noise
requirements.
Mayor Newton asked Dr. Judd Johnston, 1404 Douglas, the applicant, to come
forward. Dr. Johnston stated he is the third owner of the Towne Center Animal
facility, which was previously located on Colleyville Boulevard next to Sherwin
Williams. When Dr. Johnston moved his practice to work with a former local
veterinary doctor, the practice was just outside of the Colleyville city limits. Over
the next couple of years, the 4401 Colleyville Boulevard property has had several
potential buyers/developers, but the sale always fell through. Dr. Johnston said he
spoke directly with Pastor Jeff Strickland, Journey Church, to purchase half of the
property and develop the hospital as a 5,287 square foot clinic with indoor
boarding facilities and supervised dog exercise areas outdoors. Dr. Johnston
advised the inside is sound proofed, the exterior use will be 33 dogs rotated
through for 15 minutes, and the boarding is a client request primarily for elderly
pets whose owners feel better having them boarded with a vet on site. He also
noted the purchase and development of this property would allow Journey Church
to be debt free, allowing the church to put more into the community.
Council discussed hours of operation, retail use for sales tax generation, trees,
fencing, and animal waste management.
Mayor Newton opened the public hearing at 9:10 p.m.
City Council Minutes May 4, 2021
City of Colleyville Page 9
Pastor Jeff Strickland, Journey Church, 4309 Colleyville Boulevard, spoke in
support of this project, reiterated this project would allow the church to be debt
free and retain acreage, so they will not be land locked. He stated the church
would like to see retail use as well, but there have been several failed attempts. It
is their hope, once developers see earth moving and things happening, the church
could sell an additional acre for sales tax generating business. Pastor Strickland
also noted the land does not currently generate any tax revenue as the church is
exempt, but Dr. Johnston’s plan will at least provide some tax revenue for the City
and county. He stated the church being debt free provides for some resources
going back into the community and he hopes the Council will support these
endeavors. Mayor Newton stated he served on the board at the church at the time
the property was purchased and Pastor Strickland is correct that the intent of the
purchase was to be able to sell some of the property and be debt free, and he
thinks it great.
Kathy Hadley, 204 Timberline Drive North, spoke in support of this item.
Kathleen Hennessey, 5013 Stonebridge Drive, encouraged City Council to set a
standard for requirements of safe handling of animal waste.
Dee Kelley, 705 Hillside, spoke in support of this item and the ability to border
pets at a kennel with an on-site vet.
There were no other speakers and Mayor Newton closed the public hearing at 9:18
p.m.
Mayor Pro Tem Lindamood asked to see a grading plan at the next meeting and
Mayor Newton requested the animal waste be addressed.
This was a first reading; therefore, Council did not take any action.
Mayor Newton recessed the meeting at 9:19 p.m. and reconvened the meeting at
9:31 p.m.
6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING
6a Ordinance O-21-2158
Consideration of a zoning change from R-40 Single Family Residential
zoning district to PUD-C Planned Unit Development-Commercial zoning
district on Lots B1A & B2A, Reagan Estates West, City Boundary Split,
located at 7720 Precinct Line Road, Case ZC21-002
Councilmember Wheat made a motion to remove Ordinance O-21-2158
from the table, seconded by Councilmember Kelley.
City Council Minutes May 4, 2021
City of Colleyville Page 10
The motion to remove the ordinance from the table passed with the
following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
Mayor Newton read the caption of Ordinance O-21-2158.
Community Development Director Ben Bryner presented this item noting the
applicant has worked with staff to meet the requests of the City Council from the
last meeting and reviewed the exhibits.
Mayor Newton and the City Council discussed with the applicant, Roman Figueroa,
the changes. Further amendments to the ordinance were discussed which included
the permitted or SUP requests allowed in the zoning, the sign and set back
waivers, and hours of operation. Mr. Figueroa asked Council to allow fitness
centers to be open from 5 a.m. to 10 p.m. and a permitted use and all other uses
hours of operation would remain at 7 a.m. to 10 p.m. Council agreed to this
request.
Mr. Figueroa asked Council if an expeditious process to receive SUP approval could
be put in place and the $500 permit fee be waived. The City Attorney advised the
City Council and Mr. Figureroa the fees could not be waived and there is no
process which allows SUP approval to be expedited.
Councilmember Nakamura thanked Mr. Figueroa for his professionalism going
through this process. Mayor Newton stated Mr. Figueroa always maintained the
proper attitude and Councilmember Wheat thanked Mr. Figueroa and stated she
felt he has an exceptional project.
Mayor Newton opened and closed the public hearing at 10:15 p.m., as there was
no one present wishing to speak.
Mayor Newton made a motion to approve Ordinance O-21-2158 with the
following amendments; seconded by Councilmember Rigney:
3. PERMITTED USES
a. The permitted uses for the Property shall be solely those provided in the use
the Use Chart attached hereto as Exhibit “F”.
b. The administration of the permitted uses shall be generally consistent with
the regulations applicable to CC-1 base zoning, as amended by this
ordinance.
f. No building located on the Property shall be open to the public for business
on any day of the week between 10:00 p.m. – 7:00 a.m. (10:00 p.m. – 5:00
a.m. for fitness center uses only); provided, the owner of the Property may
City Council Minutes May 4, 2021
City of Colleyville Page 11
request to modify the foregoing business hours for by applying for a specific
use permit (SUP).
5. LANDSCAPING
b. All landscaping shall be installed and properly maintained in conformance
with this ordinance, including the site plans and landscape plans attached as
Exhibits “C” and “E” respectively.
6. FENCING AND BUFFER YARDS
b. Buffering consisting of both masonry wall and approved vegetation shall be
erected and properly maintained along the entire north property line of the
Property in conformance with this ordinance, including the site plans and
landscape plans attached as Exhibits “C” and “E” respectively.
8. TERMINATION OF CONDITIONAL WAIVERS
b. The waivers set forth in Sections 4(b), 5(a), and 7(b) shall apply solely in
connection with the current proposed remodel of Building A. Upon
completion of construction of the building remodel, should the building be
structurally altered, remodeled, repaired, removed, or destroyed to an
extent greater than fifty (50) percent of the building’s most recent current
taxable value as determined by the Tarrant Appraisal District, the conditional
setback waivers in Sections 4(b), 5(a) and 7(b) shall terminate and the
building and monument sign shall be required to comply with all applicable
setback and landscape standards in the City’s Land Development Code. In
addition, notwithstanding any other provision in this ordinance, upon
completion of initial construction of the monument sign, should the sign be
structurally altered, remodeled, repaired, removed, or destroyed to an
extent greater than fifty (50) percent of the then current value of the sign,
the conditional setback waiver for the sign shall terminate and the sign shall
be required to comply with all applicable setback and location standards in
the City’s Land Development Code.
The motion to approve Ordinance O-21-2158 with the amendments as
recorded passed with the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
6b Ordinance O-21-2159
Consideration of a zoning change from PUD-C Planned Unit Development-
Commercial zoning district to PUD-C Planned Unit Development-
Commercial zoning district on Tract 2C03, Abstract 206, BBB & C RY
Survey, located at 4917 Colleyville Boulevard, Case ZC21-003
This ordinance remained tabled.
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City of Colleyville Page 12
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-21-4612
Consideration of a Replat for Lot 1, Block A, Kety Addition, being Lots B1A
& B2A, Reagan Estates West, City Boundary Split, located at 7720
Precinct Line Road, Case PC21-007
Mayor Newton read Resolution R-21-4612 in its entirety.
Community Development Director Ben Bryner presented the replat which is for the
property just approved by Ordinance O-21-2158.
There was general discussion regarding the tax revenue split between the two
cities.
Mayor Newton opened and closed the public hearing at 10:27 p.m., as there was
no one present wishing to speak.
Councilmember Dodson made a motion to approve Resolution R-21-4612,
seconded by Councilmember Rigney.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING
These resolutions remained tabled.
8a Resolution R-21-4574
Consideration of a request to abandon a previously dedicated right-of-
way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X,
Block E, Old Grove Addition, located at 103 & 105 John McCain Road and
7189 Cast Iron Forest Trail, Case GC20-007
8b Resolution R-21-4575
Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove
Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot
2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road
and 7189 Cast Iron Forest Trail, Case PC20-006
9. CITIZEN COMMENTS
Kathleen Hennessey, 5013 Stonebridge Drive, thanked City Manager Jerry Ducay
on behalf of herself and five neighbors for sending the public works crew over to
City Council Minutes May 4, 2021
City of Colleyville Page 13
video their drains. She also spoke as a representative for Nancy Rogers regarding
notice of a water shut-off and an upcoming Planning and Zoning Commission
meeting.
Kathy Hadley, 204 Timberline Drive North, spoke in appreciation of the effort it
takes to run and serve on the City Council, concerns over higher property tax,
traffic signal on Cheek-Sparger Road, and the beautiful medians on Glade Road
and Main Street.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
MAY 4, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-
4613
This resolution was not needed.
11. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the meeting without objection by the City Council at 10:50 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 18TH DAY OF MAY 2021.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary