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HomeMy WebLinkAboutCity Council-Agenda Packets-12/21/2021 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, December 21, 2021 WORKSESSION - 5:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Discussion of conducting elections - Heider Garcia, Tarrant County Elections Administrator WS-2 Discussion of the December 21, 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 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 Martin Richardson, Crown of Life 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-21-4682 City Council Agenda December 21, 2021 City of Colleyville Page 2 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Texas Chapter of the American Planning Association Certificate of Achievement for the Richard R. Lillie, FAICP Planning Excellence Program to the City of Colleyville Community Development Department - Mayor Richard Newton and Community Development Director Ben Bryner 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21-4683 4a Approval of the minutes of the regular City Council meeting of December 7, 2021 4b Approval of the First Amended Regional Municipal Court Judge Agreement 4c Approval of the selection of Craig Magnuson as Associate Judge of the City of Colleyville Municipal Court, effective January 1, 2022 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - November 2021 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-21-2182 Consideration of a Special Use Permit for a reduction in parking on Lot 1, Block 1, Corley Subdivision, located at 5409 Colleyville Boulevard, Case ZC21-028 6b Ordinance O-21-2183 Consideration of amendments to Chapter 3 of the Land Development Code requiring a Special Use Permit for a duplex in the RD Two Family Residential district, specifically amending Section 3.24B Schedule of Permitted Principal Uses, Case GC21-013 6c Ordinance O-21-2184 Consideration of amendments to Chapter 3 of the Land Development Code allowing commercial accessory buildings and providing regulations, specifically amending Section 3.24B Schedule of Permitted Principal Uses and Section 3.27 Accessory Buildings and Residential Carport Regulations, Case GC21-014 City Council Agenda December 21, 2021 City of Colleyville Page 3 6d Ordinance O-21-2185 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a CBD Store use on Lot 7R1A, Block 2, Andy Felps Addition, located at 4209 Colleyville Boulevard, Suite B, Case ZC21-024 6e Ordinance O-21-2186 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority 7. CITIZEN COMMENTS 8. REPORTS Colleyville Library Board Meeting Minutes - October 25, 2021 Planning and Zoning Commission Meeting Minutes - November 8, 2021 Sign Board of Appeals Meeting Minutes - November 9, 2021 Planning and Zoning Commission Worksession Minutes - November 22, 2021 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 21, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4684 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 17, 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 be opened for public comment and discussion at the discretion of the governing body. 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 Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-1 Agenda Date 12/21/2021 Type Worksession Department City Secretary Title Discussion of conducting elections - Heider Garcia, Tarrant County Elections Administrator Explanation Heider Garcia, Tarrant County Elections Administrator, will be present to discuss the conduct of elections in Tarrant County and answer questions of the City Council. Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 12/21/2021 Type Worksession Department City Secretary Title Discussion of the December 21, 2021, City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 12/21/2021 Type Executive Session Department City Secretary Title 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 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 Attachments RESOLUTION R-21-4682 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 21, 2021 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 21ST DAY OF DECEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 12/21/2021 Type Announcements, Proclamations, and Presentations Department Community Development Title Presentation of the Texas Chapter of the American Planning Association Certificate of Achievement for the Richard R. Lillie, FAICP Planning Excellence Program to the City of Colleyville Community Development Department - Mayor Richard Newton and Community Development Director Ben Bryner Attachments RESOLUTION R-21-4683 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 21, 2021 WHEREAS, City Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the Regular City Council meeting of December 7, 2021 b. Approval of the First Amended Regional Municipal Court Judge Agreement c. Approval of the selection of Craig Magnuson as Associate Judge of the City of Colleyville Municipal Court, effective January 1, 2022 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS ON THIS THE 21ST DAY OF DECEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, December 7, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, December 7, 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, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Colleyville Business Center and Colleyville Center Manager Leslie Hill, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 FY 2021 Economic Development Year-in-Review Assistant City Manager Adrienne Lothery presented this item. Manager Lothery provided a printed copy of the FY2021 Economic Development Report and advised this agenda item allows for the introduction of the report, which recaps the programs from FY2021. Manager Lothery recognized the economic development efforts of the City’s Community Development and Planning staff, Chelsea Rose, Colleyville Chamber of Commerce President, Leslie Hill, Colleyville Business Center and Colleyville Center Manager, and the City Manager’s Office interns. She went on to highlight the year’s activities which includes more than $1 million being reinvested to support local business through the gift cards and advertising grants, $9.7 million improvement value for property improvement projects which received grant funds, and the success of the Colleyville Business Center. Manager Lothery concluded the presentation with a recap of the conservative financial management strategy and potential programs for the future. Mayor Newton and the City Council thanked Manager Lothery for the work and discussed the possibility of including Citywide infrastructure improvements in the report and making it available in print and digitally. WS-2 Discussion of civic and wayfinding signage Assistant City Manager Adrienne Lothery stated David Newman, of MESA, is quarantined, and could not attend this meeting; therefore, she will be giving the presentation. Manager Lothery introduced Stan Cowan of MESA, and Mike Moore and Eileen Simeonov, of Square Peg, who is collaborating with MESA for the signage piece of the SH26 Beautification. Manager Lothery stated the signage City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 2 portion would reinforce Colleyville’s identity and drive future signage, while creating consistency. The presentation reviewed the accomplishments, commitments, and opportunities along SH26. Signage was presented in family groupings, and location groupings. At this time, Mr. Moore also noted the introduction of a monogram - not a logo, to reinforce identity in all areas of the City. There was discussion regarding The Village signage, the look of the civic signs, and the elements. City Council agreed the signage on the Main Street/SH26 gateway would only say The Village and no signs for individual stores would be created. On SH26 wayfaring signs, the City Council generally liked a pole type sign matching the street light bollards, but wanted to see additional options for sign design on the pole bollards. They also agreed signs with stone bases are appropriate for the wayfinding sign family and the stone use and type would be dependent and consistent with location. Council also likes the idea of a monogram, but additional options should be presented, and be used in consistent locations. WS-3 Update on 2022 elections and voting location at Colleyville Library City Secretary Christine Loven reviewed the 2022 election schedule and advised voting will be conducted on the second floor of the library, due to anticipated high voter turnout. There was discussion regarding the need for separate rooms for voting democrat or republican on Election Day in the primaries and Election. The Mayor requested staff to contact Tarrant County Elections Administration and ask for a meeting or presentation regarding the election process. WS-4 Discussion of the December 7, 2021, City Council regular agenda items There was no discussion of this item and Mayor Newton adjourned the Worksession at 6:30 p.m. and called the Executive Session to order. 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 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 City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 3 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 Executive Session at 7:25 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:36 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 Lanre Sobo, Glory House 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-21-4677 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 Mayor Newton and the City Council made the following announcements. COVID-19 Update – With information coming out about the new Omnicron variant, there has been increased requests for vaccines and boosters. As a reminder, we have all three-vaccine types available at the Colleyville Fire Station. Tarrant County also shared that only 5.29% of hospital capacity is currently in use for COVID hospitalizations, which is great news. Tree Lighting Event a Success! – Colleyville’s annual Christmas Tree Lighting was a great success on Friday evening! We hope you were able to join us and visit Santa Claus, Mrs. Claus, several of their reindeer, the Grinch, and much more. Thank you to all of the children’s choirs that performed, the community organizations that decorated trees, and to Ronni Orr and all of the City staff that put together a fantastic event. City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 4 Red Kettle Challenge - It’s that time of year again - the Red Kettle Challenge! Mark your calendars for Saturday, December 11. We will have stations at Albertsons, Walmart, and Market Street. The Mayors in the region have a competition going on, so come out and donate to a wonderful cause, supporting the work of The Salvation Army. Christmas Gift Cards – A second round of Christmas gift cards will be mailed out next week. These cards look similar to those mailed before Thanksgiving, just a slightly different color scheme (more red and green, rather than fall colors). This card is good for any $35 purchase at participating businesses with the City of Colleyville. A list of those businesses participating can be found on the City website. It is important that we remember the importance of our local brick and mortar business community. They provide exceptional goods and service in a convenient location, generate sales tax to fund City services, and reduce the property tax burden on residential property. Shop local this holiday season! Leaf Recycling – We know it’s been a windy last few days, which means our wonderful trees in Colleyville, are really starting to lose their leaves. Community Waste Disposal (CWD), Colleyville's trash and recycling provider, will run special collection routes to recycle bagged leaves on Saturday, Dec. 11, Dec. 18, and Jan 8 with collections beginning at 8 a.m. To participate, residents just need to set out leaves on the designated days. New for 2021, CWD will recycle leaves in any bag; paper or plastic. If leaf bags are set out prior to the Saturday collections, residents are asked to place leaf bags separately from household trash. Library Survey is Open – We want to know what you think! Take part in the Colleyville Public Library’s survey and have an opportunity to win a prize (or two!) As part of the Library’s current five year planning process required by the State, the Library launched a survey for the community to let us know your thoughts. The survey may be found on the City of Colleyville or the Colleyville Library homepages. The survey covers a variety of topics and subjects including usage, book availability, and hours of operation. The answers you give will directly impact and be part of the five‐year plan being developed by the Library staff. For your participation, residents who fill out the survey with their contact information are entered into a random drawing (available for ages 14 years and up) for one of two $100 Amazon gift cards. As an additional incentive, the Library is also holding weekly random drawings for a chance to win a City of Colleyville’s $35 Christmas Gift Card. The Library will offer 10 $35 cards each week through December 31. The survey will be available to the public until mid‐January. Glade Road – Good news - the road section from Thompson Terrace to Bluebonnet is now open to two‐way traffic including the Riverwalk Roundabout. However, tomorrow Wednesday, December 8, 2021, the existing Glade Road westbound lane closure from Stafford Drive to Montclair Drive will be extended to Pool Road. Westbound traffic is being detoured at Pool Road to Hall-Johnson. Traffic through from Stafford to Pool will be east bound only. The good news is City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 5 that the section of Glade Road from Bluebonnet to Montclair should be completed by April 2022. Pump Generator Grant – After more than six months, Colleyville has received word that the new L.D. Lockett Pump Station generator will be covered in part by a grant from the Texas Division of Emergency Management (TDEM). A collaboration effort between Public Works and Fire Emergency Manager Kenny Phillips has culminated in the awarding of a grant amounting to $266 thousand dollars, about 55% of the total project cost. This new generator will work to ensure the pump station stays operational, pumping potable water to the entire City during the event of a power loss due to inclement weather and/or unforeseen events. Main Street/Tower Project Update – As you may have seen we have started the Hwy 26 tower projects at the Main Street Gateway. The location at the intersection of Hwy 26 and Main Street has been cleared and dirt work is in progress. C. Green Scaping is the contractor and they are now working on building pier cages for the towers on the western corners. On the east side, you will see clearing and grading, as well as removal of the sidewalk within the ROW to make way for the intersection improvements. Presentation of the Texas Economic Development Council Community Economic Development Award to the City of Colleyville - Mayor Richard Newton and Assistant City Manager Adrienne Lothery Mayor Newton presented Assistant City Manager Adrienne Lothery, Colleyville Business Center Manager Leslie Hill, and Chamber President Chelsea Rose, with a plaque and explained the City was recognized at the Texas Economic Development Council’s Community Economic Development Awards in October. Colleyville received Merit Recognition for outstanding achievement in community economic development for the City’s involvement in the opening of the Colleyville Business Center and its partnership with the Colleyville Chamber of Commerce. The CEDA program recognizes exceptional contributions of TEDC member cities toward the economic vitality of their communities and the state of Texas through creativity, leadership, and partnership in the achievement of business recruitment and retention, and community improvement. Nominees were judged on five criteria: innovativeness, transferability, community commitment and leverage, measured objectives, and secondary benefits. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21-4678 4a Approval of the minutes of the regular City Council meeting of November 16, 2021 City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 6 4b Approval to appoint Eric Holland to the Adhoc General Fund CIP Fee Advisory Committee 4c Approval of a construction contract with CMC Development & Construction Corporation, LLC, for the Justice Center Site Improvements Project, in an amount not to exceed $676,000, and a contingency amount not to exceed $50,000, and authorizing the City Manager to execute the contract 4d Approval of the annual review and updates to the City of Colleyville Investment Policy Mayor Newton read Resolution R-21-4678 in its entirety. There was no discussion of items 4a and 4b. Public Works Director Ray Silva-Reyes presented item 4c, covering the project highlights, and noting all bids were over the anticipated amount. He stated staff is recommending awarding the contract to the lowest bidder, and references have been checked. Mayor Newton asked where the overage would be budgeted from if approved. City Manager Jerry Ducay stated there is funding in the several sources to include TIF or the $3.4 million Federal funds. Mayor Newton and the Council recommended using the available Federal Funds to pay for the overage of the bid to the budget amount. Mayor Pro Tem Lindamood stated he has seen costs rising all across Texas, and this is an investment in safety. Safety for the investment of vehicles and equipment, and the safety of our officers. Councilmember Dodson stated while there in a significant cost difference, he is pleased with the contractor. Councilmember Kelley stated the officers have been involved in several high- profile cases which brings both positive and criminal attention to the department and we must do our part to protect them and keep them safe. Finance Director Kyle Lester presented item 4d. Director Lester stated there were no changes proposed to the Investment Policy and the Policy had been reviewed by the Audit Committee with no changes recommended. Mayor Newton opened the public hearing at 8:11 p.m. Kathy Hadley, 204 Timberline Drive N, stated she has concerns regarding the costs for security updates at the Justice Center. There were no others present wishing to speak and the public hearing was closed at 8:12 p.m. City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 7 Councilmember Nakamura made a motion to approve Resolution R-21- 4678 seconded by Councilmember Kelley. The motion to approve carried 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-21-2182 Consideration of a Special Use Permit for a reduction in parking on Lot 1, Block 1, Corley Subdivision, located at 5409 Colleyville Boulevard, Case ZC21-028 Mayor Newton read the caption of Ordinance O-21-2182. Community Development Director Ben Bryner presented this item, which is a request for a reduction in parking to allow the business to operate as a restaurant. He stated the bank located next door to the Cajun Market has provided a parking agreement. Mayor Newton stated the parking agreement should have a term of use stated to bind the agreement. Councilmember Dodson agreed and stated the ordinance should state if the parking agreement expires, the SUP would expire. He also noted there is no walkway between the parking area and the Market. Mayor Newton asked the applicant, Mr. Phillip Tullis to come forward. Mr. Tullis thanked the Council for their consideration and discussed the walkway, parking agreement, and signage. Mr. Tullis clarified with the Council he is to have an amended parking agreement with the bank which clarifies the time line for the agreement to be in-place, when he returns for the second reading. Mayor Newton opened and closed the public hearing at 8:33 p.m. as there were no speakers. This was a first reading therefore, no action was taken. 5b Ordinance O-21-2183 Consideration of amendments to Chapter 3 of the Land Development Code requiring a Special Use Permit for a duplex in the RD Two Family Residential district, specifically amending Section 3.24B Schedule of Permitted Principal Uses, Case GC21-013 City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 8 Mayor Newton read the caption of Ordinance O-21-2183. Community Development Director Ben Bryner presented this item noting several properties within the City are zoned RD Two Family Residential zoning district, and a duplex is a permitted use within this district. He stated all properties in the RD Two Family Residential district have been developed with single-family homes and this amendment to the Land Development Code would require approval of a Special Use Permit (SUP) for a duplex use to be permitted. City Manager Ducay asked Director Bryner to verify the single-family use would remain an allowed use in the RD Two Family Residential zoning, but would have to meet the R-20 zoning requirements. Mayor Newton opened and closed the public hearing at 8:35 p.m. as there were no speakers. This was a first reading therefore, no action was taken. 5c Ordinance O-21-2184 Consideration of amendments to Chapter 3 of the Land Development Code allowing commercial accessory buildings and providing regulations, specifically amending Section 3.24B Schedule of Permitted Principal Uses and Section 3.27 Accessory Buildings and Residential Carport Regulations, Case GC21-014 Mayor Newton read the caption of Ordinance O-21-2184. Community Development Director Ben Bryner presented this amendment to the Land Development Code to allow for commercial accessory buildings and is an attempt to clarify the regulations associated with accessory buildings. The proposed amendment would provide for the accessory building a. to be limited to one accessory building per platted lot b. meet the same setbacks as a primary structure c. be limited to a maximum size of two hundred-fifty square feet d. a maximum height of one-story and 15 feet e. be located to the rear of the primary building and not visible from adjacent roadways f. be ancillary to the primary use g. exterior walls would have to be of the same materials as the primary structure h. located so it does not impede or impair vehicular traffic on the property Councilmember Dodson stated he would like commercial accessory buildings to be allowed only as an SUP. City Manager Ducay stated the Code is vague and staff is City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 9 attempting to clarify standards. Mayor Newton stated he is in favor of requiring an SUP including a statement of standards and guidelines. Following discussion, Council directed staff to remove items a, c, and d, and add additional language to g. Mayor Newton opened and closed the public hearing at 8:35 p.m. as there were no speakers. This was a first reading therefore, no action was taken. 5d Ordinance O-21-2185 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a CBD Store use on Lot 7R1A, Block 2, Andy Felps Addition, located at 4209 Colleyville Boulevard, Suite B, Case ZC21-024 Mayor Newton read the caption of Ordinance O-21-2185. Community Development Director Ben Bryner stated this item will require a super majority vote as the Planning and Zoning Commission recommended denial at their November 8, 2021, meeting by a vote of 7-0. Director Bryner stated this is a request for a Special Use Permit to allow for a CBD Store use, which is allowed in the CC-3 Highway Commercial District with an approved SUP. He reviewed the SUP Ordinance language and stated the applicant has his own presentation and is present to answer questions of the City Council. Applicant Kushal Bastakoti, 441409 Napoli Way, Irving, gave a presentation, which highlighted the company’s mission, concept, franchise business plan, awards, and a product list, which notes there is no Delta 8 or other isomer and synthetic products sold, nor do their products exceed 0.3% THC. Mr. Bastakoti noted in his slice presentation CBD products would comprise 50% of the store’s sales, and the remaining sales would be comprised of merchandise such as scented candles, incense sticks, bohemian handbags, and Himalayan salt lamps. There was discussion between Mr. Bastakoti and the City Council regarding Delta 8, how the level of THC is determined, if there would be on-line sales, if the City were responsible for testing the THC levels, and if the merchandise sales would be 50% of the store sales. Mayor Newton told Mr. Bastakoti he has concerns regarding the business being successful in Colleyville and with regulations still being new, he does not know how the City can manage the sales and enforcement therefore, he does not plan to vote in favor of the request. City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 10 Mayor Newton opened and closed the public hearing at 9:16 p.m. as there were no speakers. This was a first reading therefore, no action was taken. 5e Ordinance O-21-2186 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority Mayor Newton read the caption of Ordinance O-21-2186. Finance Director Kyle Lester presented this item and gave an overview of the process for establishing rates. He noted in 2016 the Council approved a rate structure whereby all of the costs to operate the City’s utilities are covered by a base rate, which makes up a customer’s minimum bill for each month. In 2017, Council added a CIP charge to the base rate to pay for capital projects. Director Lester stated the base and volumetric rates are reviewed and updated on an annual basis. The new base rates are reflected in the bills sent out in October to coincide with the City's fiscal year while the new volumetric rates are reflected in the bills sent out in January to coincide with TRA's rate change. Director Lester stated this year’s TRA calculations recommend a decrease in the water and wastewater rates, which, if approved, will be in effect starting with the January billing for December's usage as follows: Water Rates Lowering the current water volumetric rate from $4.4654 to $4.3430. Wastewater Rates Lowering the current wastewater volumetric rate from $3.1650 to $3.0663. Mayor Newton explained this is a pass-through cost as TRA provides water and wastewater treatment services to the City, as well as other cities. Mayor Newton stated there are times when the rate will increase, however, the City cannot control these costs, and the costs are divided amongst all cities served by TRA. Mayor Newton opened and closed the public hearing at 9:29 p.m. as there were no speakers. This was a first reading therefore, no action was taken. City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 11 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-21-4679 Consideration of a Right-Of-Way Encroachment Agreement to allow for a permanent freestanding monument sign to be located within the right-of- way located at 715 Cheek-Sparger Road Mayor Newton read Resolution R-21-4679 in its entirety. Community Development Director Ben Bryner presented this item and noted the applicant received approval of a variance from the Sign Board of Appeals to allow for the construction of a monument sign which will encroach beyond the required eight-foot front property line setback, placing it approximately 24’ from the edge of the street and into the Cheek-Sparger Road right-of-way. The approval was contingent on receiving approval of a Right-Of-Way Encroachment Agreement from the City Council. There was general discussion regarding construction on Cheek-Sparger Road, landscaping, visibility, utility location within the right-of-way, and the wide right- of-way along Cheek-Sparger Road. City Manager Ducay made note it would be prudent to add a requirement the church will be responsible for moving the sign at their expense if the right-of-way is needed for any reason in the future. Mayor Newton opened and closed the public hearing at 9:42 p.m. as there were no speakers. Councilmember Wheat made a motion to approve Resolution R-21-4679 with the following amendments: A landscape plan providing for additional landscaping on the Property shall be submitted and approved by City staff as a condition precedent to any permit being issued for construction or installing of the proposed sign; and in the event it becomes necessary for the City to use, acquire, or reclaim the right-of-way area where the sign is constructed for any public purpose or use, the then current owner of the property will be required to remove and/or relocate the sign within 120 calendar days of written notification from the City, seconded by Councilmember Rigney. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6b Resolution R-21-4680 A resolution casting ballots for the Tarrant Appraisal District Board of Directors City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 12 Mayor Newton read Resolution R-21-4680 in its entirety. Mayor Newton explained the City of Colleyville had nominated both Gary Losada and Rich DeOtte to serve the TAD Board of Directors. This nomination was based on both men’s service to TAD. The City of Colleyville has 20 votes which can be cast. Mayor Newton stated the City supports both, however, due to a legislative change, all of the taxing entities who have many votes, were required to vote within 30 days of the nomination. Mayor Newton stated the City has been tracking the votes, so the City could assign their votes where the biggest need is. He is aware and discussed with Mr. DeOtte and Mr. Losada that Mr. DeOtte has enough votes, however, Mr. Losada does not, therefore; while the City supports both, the City will cast all votes to Mr. Losada. Councilmember Dodson stated both men have worked very hard to improve the processes at TAD and those changes will significantly improve the organization for a long time. Mayor Newton opened and closed the public hearing at 9:42 p.m. as there were no speakers. Councilmember Dodson made a motion to approve Resolution R-21-4680, casting 20 votes for Gary Losada and adding an amendment stating the City Council supports both candidates, seconded by Councilmember Kelley. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, discussed concerns regarding the bridge on Jackson Road, the traffic signal at Cheek-Sparger and Highway 121, and encouraged a leaf-composting program. Mrs. Hadley also addressed concerns with her neighbor’s new home build and the effect of water run-off onto her property. 8. REPORTS Colleyville Center Advisory Committee Minutes - August 16, 2021 Parks and Recreation Advisory Board Minutes - September 13, 2021 There was no action taken on this item. City Council Minutes - DRAFT December 7, 2021 City of Colleyville Page 13 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 7, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4681 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:01 p.m. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 21ST DAY OF DECEMBER 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 12/21/2021 Number Type Resolution Department City Manager Title Approval of the First Amended Regional Municipal Court Judge Agreement Strategic Plan 1.4 Communicate thoroughly and strategically Explanation Reading and Public Hearing On December 1, 2021, the cities of Colleyville and Keller executed a Regional Municipal Court Judge Agreement appointing Judge Carol Montgovery to serve as the presiding judge for the Regional Municipal Court. The attached First Amended Regional Municipal Court Judge Agreement, provides for restating the original agreement to provide for Judge Montgomery's status as a part-time employee of the City of Colleyville and authorizes the Judge's participation in the Texas Municipal Retirement System. It is anticipated the City of Keller will approve the First Amended Regional Municipal Court Judge Agreement at their January 4, 2022 City Council Meeting. Financial Impact There are no additional financial impacts associated with the First Amended Regional Municipal Court Judge Agreement. Recommendation Approve Attachments 1.First Amended Regional Municipal Court Judge Agreement PAGE 1 CITY OF COLLEYVILLE/CITY OF KELLER FIRSTAMENDED REGIONAL MUNICIPAL COURT FIRST AMENDED REGIONAL MUNICIPAL COURT JUDGE AGREEMENT This Regional Municipal Court Judge Agreement (“Agreement”) is made by and between the City of Colleyville (“Colleyville”), the City of Keller (“Keller”), and Carol Montgomery (“Judge”), (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. RECITALS: WHEREAS, Colleyville and Keller (each a “City” and collectively the “Cities”) jointly administer and operate a regional municipal court; and WHEREAS, on December 1, 2021 the Cities executed a Regional Municipal Court Judge Agreement appointing Judge Carol Montgomery to serve as the presiding judge for the regional municipal court; and WHEREAS, the Parties desire to enter into this Agreement amending and restating the original agreement to provide for Judge’s status as a part-time employee of the City of Colleyville and to authorize Judge’s participation in the Texas Municipal Retirement System (TMRS) program. NOW, THEREFORE, in consideration of the mutual covenants and terms and conditions herein contained, and of the execution hereof, the Parties agree and bind themselves to the obligations and performance of the tasks as follows: Article I Purpose The purpose of this Agreement is for the City to contract for municipal court judge services to be performed in accordance with the terms and conditions of this Agreement. Article II Term This Agreement shall be effective as of December 1, 2021 (the “Effective Date”) and shall expire December 31, 2023. Notwithstanding the foregoing, the term of this Agreement may be extended by mutual written agreement of the Parties. Article III Regional Municipal Court Judge 3.1 Authority; Services. Judge shall have all authority vested under law and shall undertake Judge’s duties fairly, impartially and independently. Judge shall, in a timely and responsive manner, perform all services set forth herein and as required of municipal court judges in accordance with Cities’ respective Charters, the Cities’ interlocal agreement for combined municipal court services, the adopted policies and procedures of the regional municipal court, and the laws applicable to municipal judges of courts in the State of Texas, as the foregoing may be PAGE 2 CITY OF COLLEYVILLE/CITY OF KELLER FIRSTAMENDED REGIONAL MUNICIPAL COURT amended (“Services”). The Services shall include, without limitation, the following: (a) Preside over all municipal court proceedings; (b) Promptly handle all adult and juvenile arraignments (see Section 3.2 below); (c) Execute all arrest warrants; (d) Execute all court warrants; (e) Coordinate court activities with the municipal court administrator, prosecutor(s), city attorney(s), and other departments of the Cities as necessary; (f) Perform such other duties as assigned by the respective City Councils and/or the City Managers that may be commensurate with the position of Regional Municipal Court Judge; and (g) Perform all other administrative duties of a municipal court judge as may be provided by ordinance, resolution of the City Council, or applicable state law. 3.2 Arraignments; Magistrate Duties. Judge shall be responsible for all duties customarily performed by magistrates of municipal courts of record in Texas. In particular, Judge shall be responsible for all arraignments and magistrate duties for the regional holding facility (jointly administered by Keller, Colleyville and Southlake), subject to the terms and conditions of all existing MOUs and other agreements of the cities related to the same. Judge (or duly assigned associate judge(s)) shall, at all times during the term of this Agreement, be available on a 24/7 basis to handle all warrants, bonds, emergency orders, prisoner transfers requests, and similar matters. Compensation for these duties flow through the stipend received from Southlake in the amount of $12,000 per year and Roanoke in the amount of $7,300 per year, to be paid to the Judge quarterly. 3.3 Scheduling of Dockets. Judge shall be responsible for scheduling all court dockets and proceedings in coordination with the municipal court administrator to facilitate optimal court efficiency in support of the Cities’ customer service goals and values. 3.4 Review and Selection Committee. The Cities have established a Municipal Judge Review and Selection Committee (the “Committee”) to assist in administering the position of the regional municipal court judge. The Committee may meet from time to time to discuss, review and/or modify the administration of the regional municipal judge position, including the periodic review the Judge’s performance under this Agreement. Within the first three (3) months of this Agreement, a performance evaluation of judge shall be undertaken by the Cities (through their respective City Managers, or designee(s)) and presented to the Committee. Upon request by the Committee and/or Cities, Judge agrees to collaborate with the Committee to ensure the municipal court’s operations, policies and orders are being effectively administered consistent with the operational goals and values of the Cities. 3.5 Associate Judge(s). Judge shall, upon prior written approval of the Cities, engage the services of one or more associate judges during the term hereof, subject to all terms and conditions established by the Cities, in the Cities’ sole discretion. Judge shall exercise direct supervision over all associate judges and be responsible for assigning such associate judges to act in Judge’s absence in accordance with Section 30.00007(a)(4) of the Texas Government Code. Judge shall be responsible for all compensation due to all associate judges under this Agreement and shall ensure that the position of associate judge does not go vacant for more than 60 consecutive days during the term of this Agreement. PAGE 3 CITY OF COLLEYVILLE/CITY OF KELLER FIRSTAMENDED REGIONAL MUNICIPAL COURT 3.6 Qualifications; Trainings. Judge must be an attorney licensed by the Texas Supreme Court and must remain in good standing with the State Bar of Texas at all times during the term of this Agreement. Judge shall further adhere to the Texas Code of Judicial Conduct and all other constitutional and statutory requirements of Judge’s appointed office. The Cities acknowledge that Judge may be required to participate in training programs administered by the City of Southlake during the term of this Agreement and agree that the City of Southlake, as Judge’s current employer, may seek equitable contribution in the form of reimbursement from the Cities for the proportionate costs of such trainings attributable to the Judge’s Services under this Agreement. Article IV Compensation 4.1 Compensation. Judge shall be compensated for the Services based upon a flat annual rate of $135,000, payable in installments at the same time as other employees of the City are paid and subject to the same applicable deductions during the term of this Agreement. Should this Agreement terminate prior to the last day of the month, the Judge’s compensation will be prorated on a daily basis for any partial month. Additionally, the Cities will provide Judge, during the term of this Agreement, (i) use of 2 iPads (to be purchased and owned by Colleyville) at least one device will be a cellular streaming device, (ii) a one-time reimbursement up to $250.00 for judicial robe(s), (iii) a mobile telecommunications device stipend in the amount of $100.00 per month, and (iv) beginning on January 1, 2022, the Cities shall contribute to the Judge’s participation in Texas Municipal Retirement System (TMRS), which shall be administered by the Cities in such manner as may be agreed by the Parties. Judge shall not be entitled to any other compensation of the Cities under this Agreement unless otherwise agreed by the Parties in writing. 4.2 Part-Time Employee Status. The Parties intend and agree that Judge shall be a part- time employee of the City of Colleyville during the term of this Agreement. Notwithstanding Judge’s status as a part-time employee, the provisions of this Agreement shall govern the employee benefits available to Judge from the Cities and said benefits shall be limited to those expressly stated in this Agreement, unless otherwise agreed in writing by the applicable Parties. Article V Termination 5.1 Termination for Convenience. Any Party may terminate this Agreement, in whole or in part, at any time by providing sixty (60) days written notice. Judge shall be compensated for all Services up to the time of termination. If Judge has any property or documents in its possession belonging to the Cities, Judge will account for and dispose of the same in the manner requested. 5.2 Termination for Default [Breach or Cause]. If Judge fails to perform in the manner called for in this Agreement, or if Judge fails to comply with any other provisions of this Agreement, the Cities may terminate this Agreement for default. Termination shall be given by serving a notice of termination on Judge setting forth the default and stating the date of termination. Upon termination under this Section 5.2, Judge shall be compensated only for Services performed PAGE 4 CITY OF COLLEYVILLE/CITY OF KELLER FIRSTAMENDED REGIONAL MUNICIPAL COURT in accordance with this Agreement through the date of termination. 5.3 Removal of Judge. Notwithstanding any other provisions of this Agreement, the Parties acknowledge that Judge may be removed from office only as provided by law. The removal of Judge by either City, regardless of reason, shall be mutually effective to terminate this Agreement. 5.4 Waiver of Remedies for Any Breach. In the event that City elects to waive its remedies for any breach or default by Judge of any covenant, term or condition of this Agreement, such waiver by City shall not limit City's remedies for any succeeding breach or default of this Agreement. Article VI Miscellaneous 6.1 [Intentionally Deleted] 6.3 Assignment of Agreement. Judge may not assign this Agreement, or assign or delegate any right or duty under this Agreement, without prior written approval from the Cities. 6.4 Notice. Any notice required or permitted to be given under this Agreement by one Party to the other Party shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the recipient's address set forth in this section, or on the date shown on the certificate of receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving Party at the address hereinafter specified: For Colleyville: City of Colleyville Attn: Jerry Ducay, City Manager 100 Main Street, 3rd Floor Colleyville, Texas 76034 E: jducay@colleyville.com For Keller: City of Keller Attn: Mark Hafner, City Manager P.O. Box 770 Keller, Texas 76244 E: mhafner@cityofkeller.com PAGE 5 CITY OF COLLEYVILLE/CITY OF KELLER FIRSTAMENDED REGIONAL MUNICIPAL COURT For Judge: Carol Montgomery 202 West LD Lockett Colleyville, Texas 76034 6.5 Conflict of Interest. Judge covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of Services required to be performed under this Agreement. If any such conflict of interest shall arise during the Agreement Term, Judge shall immediately and fully disclose the nature and extent of the conflict to the respective party and resolve the conflict to party’s satisfaction. 6.6 Signatories. Having agreed to the terms herein, the undersigned signatories hereby represent and warrant that they have authority to enter into this Agreement. 6.7 Applicable Law and Venue. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the state district court of Tarrant County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.8 Amendments. This Agreement may be amended only upon written Agreement signed by the Parties. 6.9 Severability/Interpretation. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.10 Compliance with Laws. Judge shall fully comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the services covered hereunder as they may now read or may hereafter be amended. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS] PAGE 6 CITY OF COLLEYVILLE/CITY OF KELLER FIRSTAMENDED REGIONAL MUNICIPAL COURT IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Effective Date. CITY OF COLLEYVILLE REGIONAL MUNICIPAL COURT JUDGE By: By: Mayor Richard Newton Carol Montgomery Date signed: Date signed: __________________________ CITY OF KELLER By: Mayor Armin Mizani Date signed: City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 12/21/2021 Number Type Resolution Department City Manager Title Approval of the selection of Craig Magnuson as Associate Judge of the City of Colleyville Municipal Court, effective January 1, 2022 Strategic Plan 1.4 Communicate thoroughly and strategically Explanation Reading and Public Hearing The cities of Colleyville and Keller entered into an agreement on December 1, 2021, appointing Judge Carol Montgomery to service as the presiding judge for the Regional Municipal Court. The agreement provides for Judge Montgomery to engage the services of one or more associate judges, with approval of the cities. Judge Montgomery has informed both cities she wishes to appoint Craig Magnuson as an associate judge, to become effective January 1, 2022. Approval of this appointment, is in addition to the previous appointment and approval of Lindsey Kinzie. It is anticipated the City of Keller will approve this request at their January 4, 2022 City Council Meeting. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 12/21/2021 Number 5 Type Report Department Finance Title Monthly Financial Report - November 2021 Explanation General Fund Through the second month of the new fiscal year, the General Fund has collected $1.8 million in revenue and spent 22%, or $5.4 million, of its budgeted expenditures. Cash flow appears to be significantly behind last year's position, driven primarily by timing. First, last year's licenses/permits and property tax revenue came in stronger than in this fiscal year, however property tax should catch up next month. Second, we've some contractual expenses and interfund capital transfers were initiated earlier this year. This doesn't appear to be an indication of a true overage, but rather costs which were recorded a little earlier than previously. We should see our expenses come back in line with our expectations next month. Sales tax revenue Colleyville received its first collection of the fiscal year, and it brought in an increase of 19.5% over October of last year. Being the only month of FY22, this puts the total YTD growth to 19.5% over FY21 as well, and makes for a total dollar gain of almost $130,000. Statewide, Texas cities saw another month of double digit gains for a total fiscal year increase of 16.8%, with DFW cities at 20%. Destination-based economies such as Hurst and Grapevine are continuing to post higher gains, indicating heightened in-person consumer activity. Utility Fund Through the first month of the fiscal year, the Utility Fund has collected 18% of its budgeted revenue and spent 10% of its budgeted expenditures, yielding a similar surplus at this time in the previous year. As the report shows, the City's direct revenues are sufficiently covering its costs with a decent margin to spare. Isolating the Trinity River Authority revenues and costs, it appears as if the City has only been billed for debt service costs, meaning we may have reached the revenue requirement for the remainder of the Authority's fiscal year. This could mean the City will only endure partial billing from the Authority, creating more T.R.A. related revenues than City Council Agenda Briefing 5a City of Colleyville Page 2 expenses. Should this be the case, any savings will go directly into the City's cash- funded capital improvement program to prevent any future debt issues as well as reduce any needed rate increases in the coming year. Drainage Fund To date, the Drainage Utility Fund has received 16% of its budgeted revenue and spent 10% of its budgeted expenditures. This fund's cash flow is right in line with the previous year, with a surplus of over $97,000. Historically, drainage fee revenues tended to average at 1.2% higher than the previous fiscal year. However, as the City reaches build out these revenues tend to be more stable from year to year. At this point there appears to be little growth for FY22. As with our other operating funds, any year-end surplus in this fund will be moved to the Drainage Capital Fund for use on the City's Capital Improvement Plan. Hotel Fund COVID-related economic disruptions obviously took a toll on any travel-related revenues in the last few years, but the Hotel Occupancy Tax Fund has remained with a strong balance to fund its costs. Fortunately, travel activities are on the rise and revenue in this fund is making a swift comeback. The FY21 ending fund balance came to $245,000, and will be spent down until the first quarter of this fiscal year, when the first tax payment comes in. Revenue had begun to increase through the end of FY21 and staff anticipates this to continue. Costs funded include personnel related directly to advertising the City as well as Colleyville Center costs and some special events. Debt Service Fund Being predominately funded through property taxes, the Debt Service fund has yet to receive a substantial portion of its revenue this year. Cash-flow for this fund is very predictable, as most revenues are recognized in December/January and debt service payments occur twice annually, with lease payments also occurring throughout the year. As of November's figures, the fund is running a deficit of about $120,000 due to two least payments made this year. It should be noted our updated property tax forms necessitate a planned spend down of fund balance by $194,000, this year. With Colleyville's current debt service schedule, all bonded debt is on track to be paid off by FY27. Attachments 1.December 2021 - Monthly Financial Report Presentation 2.November 2021 MFR Monthly Financial Report November 2021 City Council Meeting December 21, 2021 5a - Items not for council action General Fund General Fund  FY22 Budget FY22 YTD % of Budget FY21 YTD FY21 % of Budget Revenues  $      25,659,689  $        1,825,641 7% $      2,406,018 10% Expenditures  $      25,130,144  $        5,418,677 22% $      2,868,349 11%   $           529,545  $      (3,593,036)  $        (462,331)  *17% of the year  is completed MillionsOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ 8 $ 6 $ 4 $ 2 $ - $ (2) $ (4) $ (6) General Fund Cash Flow  Budget FY22 5 Yr Avg Property Tax Highlight FY22 FY21 $ 1,222,665 $ 1,826,140 $ 14,417,335 $ 13,787,000 Collected to Date Collected Later Sales Tax Highlight City/State ComparisonsFY21 YTD Receipts compared to Previous Years 2022 2021 2020 2019 2018 2017 5-Yr Avg $ - $ 100,000 $ 200,000 $ 300,000 $ 400,000 $ 500,000 $ 600,000 $ 700,000 $ 800,000 $ 900,000 THRU OCTOBER SALES TAX RECEIPTS (COMPARISON)ColleyvilleNorth Richland HillsHurstSouthlakeGrapevineKellerBedfordState CollectionsAll Texas CitiesAll DFW Cities0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% 40.00% 45.00% CITY/STATE COMPARISONS Sales Tax Highlight Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep $ - $ 200,000 $ 400,000 $ 600,000 $ 800,000 $ 1,000,000 $ 1,200,000 Month over Month Collections 2018 2019 2020 2021 2022 Utility Fund Utility Fund  FY22 Budget FY22 YTD % of  Budget FY21 YTD FY21 % of  Budget Revenues  $   18,088,176  $     3,313,968 18% $      3,109,284 18% Expenditures  $   18,088,176  $     1,729,463 10% $      1,492,738 9%   $                    -    $     1,584,505   $      1,616,546   *17% of the year  is completed TRA Revs/Exps  FY22 Budget FY22 YTD Revenues  $   14,359,032  $     2,707,297  Expenditures  $   13,909,032  $     1,148,901    $ 450,000 $ 1,558,396 City Revs/Exps  FY22 Budget FY22 YTD Revenues  $      3,729,144  $          606,671  Expenditures  $      3,729,144  $          580,562    $ - $ 26,109 Drainage Fund Drainage Fund  FY22 Budget FY22 YTD % of  Budget FY21 YTD FY21 % of  Budget Revenues  $ 1,030,868  $    169,715 16% $          168,078 17% Expenditures  $    694,205  $      72,594 10% $            77,996 10%   $    336,663  $      97,120   $            90,082   *17% of the year  is completed OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ - $ 50,000 $ 100,000 $ 150,000 $ 200,000 $ 250,000 $ 300,000 FY22 VS. FY21 CASH FLOW FY22 FY21 Hotel Fund Hotel Fund  FY22 Budget FY22 YTD % of  Budget FY21 YTD Revenues  $          252,500  $                  2 0% $               32  Expenditures  $          247,822  $        32,167 13% $       36,479    $               4,678  $       (32,165)  $      (36,447) *17% of the year  is completed OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ - $ 50,000 $ 100,000 $ 150,000 $ 200,000 $ 250,000 EXPECTED FUND BALANCE VS. ACTUAL FUND BALANCE (BY MONTH) Actual FY22 Expected FY22 Debt Service Fund Debt Service Fund  FY22 Budget FY22 YTD % of  Budget FY21 YTD FY21 % of  Budget Revenues  $          627,500  $        48,478 8% $       94,264 12% Expenditures  $          821,898  $      168,485 20% $       48,485 6%   $         (194,398) $     (120,006)  $       45,779   *17% of the year  is completed 2021 2022 2023 2024 2025 2026 2027 $ - $ 100,000 $ 200,000 $ 300,000 $ 400,000 $ 500,000 $ 600,000 PROPERTY TAX BACKED DEBT SERVICE 17% 22% FY22 Budget FY22 YTD % of Budget FY21 YTD FY21% of Budget Revenues 25,659,689$ 1,825,641$ 7%2,406,018$ 10% Expenditures 25,130,144$ 5,418,677$ 22%2,868,349$ 11% 529,545$ (3,593,036)$ (462,331)$ General Fund Highlights Revenue (FY21/FY20) Property Tax -$603k Sales Tax $10k Franchise Tax + $2k Licenses -$95k Other Revenue + $106k Total Rev -$580k Expenditures (FY21/FY20) Personnel + $289k Contractual + $200k Supplies + $23k Capital + $24k Transfers + $2,015k Total Exp + $2,550k Monthly Financial Report - November 2022 % of year Completed % of Budget SpentGeneral Fund Through the second month of our new fiscal year,the General Fund has collected $1.8m in revenue and spent 22%,or $5.4m,of its budgeted expenditures.Our cash flow here looks to be significantly behind last year's position,driven primarily by timing.First,last year's licenses/permits and property tax revenue came in stronger than in this fiscal year (although property tax should catch up next month).Second,we've some contractual expenses and interfund capital transfers were initiated earlier this year.This doesn't appear to be an indication of a true overage,but rather costs that were recorded a little earlier than previously. We should see our expenses come back in line with our expectations next month. $(7) $(2) $3 $8 MillionsGeneral Fund Cash Flow Budget FY22 5 Yr Avg 1 Revenue Highlight: Property Tax Revenue Highlight: Sales Tax Colleyville received its first collection of the fiscal year,and it brought in an increase of 19.5% over October of last year. Being the only month of FY22, this puts our total YTD growth to 19.5% over FY20 as well,and makes for a total dollar gain of almost $130,000.Statewide,Texas cities saw another month of double digit gains for a total fiscal year increase of 16.8%,with DFW cities at 20%.Destination-based economies such as Hurst and Grapevine are continuing to post higher gains, indicating heightened in-person consumer activity. YTD Increase 19.5%19.5% MTD Increase Monthly Financial Report - November 2022 Colleyville is planning to receive $15.64m in General Fund property tax this year,which makes for a small increase over actual FY21 property tax receipts.It should be noted that this increase comes from taxes off of new property,as opposed to increased taxes on existing property inside the City.As with last fiscal year,Colleyville's FY22 budget has been balanced using the no-new- revenue tax rate. $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 2022 2021 2020 2019 2018 2017 5-Yr Avg Sales Tax Receipts (Comparison) $1,222,665 $1,826,140 $14,417,335 $13,787,000 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FY22 FY21 Collected to Date Collected Later 2 17% 10% FY22 Budget FY22 YTD % of Budget FY21 YTD FY21% of Budget Revenues 18,088,176$ 3,313,968$ 18%3,109,284$ 18% Expenditures 18,088,176$ 1,729,463$ 10%1,492,738$ 9% -$ 1,584,505$ 1,616,546$ Breakout of City's revenues/expenses from those related to the Trinity River Authority: FY22 Budget FY22 YTD FY22 Budget FY22 YTD Revs 14,359,032$ 2,707,297$ Revs 3,729,144$ 606,671$ Exps 13,909,032$ 1,148,901$ Exps 3,729,144$ 580,562$ Net 450,000$ 1,558,396$ Net -$ 26,109$ Utility Operation Highlights Expenditures (FY21/FY20) Personnel + $35k Contractual + $30k Supplies + $9k Capital + $82k Transfers $81k Total Exp + $237k YTD Rainfall (Inches) FY22/FY21 1.47 Mostly TRA costs ↓ FY22/FY21 0.0% Colleyville's rate structure enables the City to more easily manage years of varying water consumption from year-to-year.The majority of the City's rate is comprised of a direct pass-through to TRA for water costs.Funding for the City's operational costs come from a fixed monthly charge to customers based on meter size. The goal of this fund is to break-even at the end of the year. Water/Sewer Utility Fund % of Budget Spent % of year Completed Avg Customer Count Through the second month of the fiscal year,the Utility Fund has collected 18%of its budgeted revenue and spent 10%of its budgeted expenditures,yielding a similar surplus as we saw this time in the previous year.As summary above shows,the City's direct revenues are sufficiently covering its costs with a decent margin to spare.Isolating the Trinity River Authority revenues and costs,it appears as if the City has only been billed for debt service costs,meaning we may have reached our revenue requirement for the remainder of the Authority's fiscal year. This could mean that the City will only endure partial billing from the Authority,creating more T.R.A.related revenues than expenses. Should this be the case,any savings will go directly into the City's cash-funded capital improvement program to prevent any future debt issues as well as reduce any needed rate increases in the coming year. Monthly Financial Report - November 2022 *TRA Revenue/Expense Summary City Revenue/Expense Summary 3 17% 10% FY22 Budget FY22 YTD % of Budget FY21 YTD FY21% of Budget Revenues 1,030,868$ 169,715$ 16%168,078$ 17% Expenditures 694,205$ 72,594$ 10%77,996$ 10% 336,663$ 97,120$ 90,082$ Revenue - Drainage Fees Expenditures (FY21/FY20) Personnel -$1k Contractual -$5k Supplies + $1k Capital/Xfers $00k Debt Service -$1k Total Exp.-$5k 0.1%FY21/5-Yr Avg 1.9%FY22/FY21 Drainage Fund Operation Highlights Note:this fund's debt service is has been retired as of fiscal year 2021. Drainage Utility Fund % of year Completed % of Budget Spent To date,the Drainage Utility Fund has received 16%of its budgeted revenue and spent 10%of its budgeted expenditures.This fund's cash flow is right in line with the previous year,with a surplus of over $97,000.Historically,drainage fee revenues tended to average at 1.2%higher than the previous fiscal year.However,as the City reaches build out these revenues tend to be more stable from year to year.At this point we're seeing little growth for FY22.As with our other operating funds,any year-end surplus in this fund will be moved to the Drainage Capital Fund for use on the City's capital improvement plan. Monthly Financial Report - November 2022 $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 FY22 vs. FY21 Cash Flow FY22 FY21 4 17% 13% FY22 Budget FY22 YTD % of Budget FY21 YTD Revenues 252,500$ 2$ 0%32$ Expenditures*247,822$ 32,167$ 13%36,479$ 4,678$ (32,165)$ (36,447)$ Hotel Tax Performance % of year Completed % of Budget Spent Monthly Financial Report - November 2022 Hotel Tax Fund COVID-related economic disruptions obviously took a toll on any travel-related revenues in the last few years,but the Hotel Occupancy Tax Fund has remained with a strong balance to fund its costs.Fortunately,travel activities are on the rise and revenue in this fund is making a swift comeback.Our FY21 ending fund balance came to $245,000,and will be spent down until the first quarter of this fiscal year,when our first tax payment comes in.Revenue had begun to increase through the end of FY21 and staff anticipates this to continue.Costs funded out of here include personnel related directly to advertising the city as well as Colleyville Center costs and some special events. $- $50,000 $100,000 $150,000 $200,000 $250,000 Expected Fund Balance vs. Actual Fund Balance (by month) Actual FY22 Expected FY22 - 50,000 100,000 150,000 200,000 250,000 300,000 FY22 Revenue vs. History 2022 2021 2020 2019 5 17% 20% FY22 Budget FY22 YTD % of Budget FY21 YTD FY21% of Budget Revenues 627,500$ 48,478$ 8%94,264$ 12% Expenditures*821,898$ 168,485$ 20%48,485$ 6% (194,398)$ (120,006)$ 45,779$ For any questions or comments regarding this report, please contact: Kyle Lester Finance Director City of Colleyville, TX klester@colleyville.com 817-503-1014 Being predominately funded through property taxes,the Debt Service fund has yet to receive a substantial portion of its revenue this year.Cash-flow for this fund is very predictable,as most revenues are recognized in December/January and debt service payments occur twice annually, with lease payments also occurring throughout the year.As of November's figures,the fund is running a deficit of about $120,000 due to two least payments made this year.It should be noted that our updated property tax forms necessitate a planned spend down of fund balance by $194,000 this year.With Colleyville's current debt service schedule,all bonded debt is on track to be paid off by FY27. Monthly Financial Report - November 2022 % of year Completed % of Budget SpentDebt Service Fund $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2021 2022 2023 2024 2025 2026 2027 Property Tax Backed Debt Service 6 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 12/21/2021 Number Ordinance O-21-2182 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for a reduction in parking on Lot 1, Block 1, Corley Subdivision, located at 5409 Colleyville Boulevard, Case ZC21-028 Strategic Plan 4.2 Encourage compatible commercial growth Explanation Second Reading and Public Hearing The applicant was present to speak in favor of the request and answer questions. The Council asked the parking agreement with the bank include a termination clause or similar language. The applicant has provided an updated agreement with the bank which is included in the briefing. First Reading and Public Hearing Phil Tullis, representing The Cajun Market, has submitted a request for a Special Use Permit (SUP) to allow for a reduction in parking at 5409 Colleyville Boulevard, to allow for the market use to transition into a restaurant use. The City Council may approve a reduction in parking with the approval of an SUP. Existing Conditions/Background: The subject property is zoned CC-2 Shopping Center district and generally located on the east side of Colleyville Boulevard, south of Church Street. The subject property is a platted lot and currently shares the lot with an auto-use business. Proposed Special Use Permit: Request – The applicant is requesting approval of an SUP to allow for a reduction in parking at this location. Ordinance – Land Development Code, Chapter 3, Section 3.29 Parking Requirements I. Supplemental Parking Space Requirements: 5. A reduction may be authorized after approval of a Special Use Permit by the City Council when associated with new development or a significant change in use of an existing building or site. A parking analysis report justifying the reduction shall be provided as part of the request for parking reduction. City Council Agenda Briefing 6a City of Colleyville Page 2 Analysis: The applicant is requesting the SUP for a reduction in parking. The parking ratio for a fish market is one space per 200 square feet (SF), or 13 required spaces. The parking ratio for a restaurant is one space per 100 SF, or 26 required spaces. Currently, the provided parking for The Cajun Market is 15 spaces. The adjacent bank provides 40 spaces with only 18 of those spaces needed to meet their parking space requirement. Therefore, a shared parking agreement between The Cajun Market and the adjacent bank will allow the market to meet the parking requirement for a restaurant use. Approval of an SUP at this location for this user should not adversely impact surrounding uses or the character of the neighborhood. Plat Status: The property is platted as Lot 1, Block 1, of the Corley Subdivision. DRC Review: The DRC reviewed the request during their October 18, 2021, meeting and determined the application was complete and may be scheduled for the next available Planning and Zoning Commission meeting. Drainage: NA Surrounding Development: The properties to the north and east are zoned CC-1 Village Retail district and developed with a mixture of retail and automotive uses. The properties to the south and west are zoned CC-2 Shopping Center district and developed with a mixture of retail and institutional uses. Comprehensive Plan: The City’s Comprehensive Plan, Destination Colleyville, identifies the subject property as part of the “Colleyville Boulevard Corridor” and located within a Sales Tax Preferred Intersection. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff is neutral on this request. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request at their November 8, 2021, meeting by a vote of 7-0. Financial Impact There is no financial impact to the City. Recommendation None City Council Agenda Briefing 6a City of Colleyville Page 3 Attachments 1.Updated Parking Agreement with Truist Bank 2.Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Statement of Planning Objectives 6.Site Plan 7.Parking Analysis 8.Shared Parking Agreements 9.Notification Map 10.Notify List 11.Ordinance O-21-2182 1005 5405 5509 16 5604 5600 14 5209 5601 5611 5312 1007 1009 5405 5603 5655 5501 5201 1008 1008 5311 5303 5505 5309 5307 5510 1007 26 10035609 5309 5413 5313 5605 5609 5217 5204 5701 1109 1000 5301 5401 5199 5301 5606 5201 5520 5505 5605 5607 5301 1221 5601 5300 5500 5611 5609 1105 1008 1205 5615 909 1201 11045232 1001 RIVERWALKDRIVEPROFESSIONALCOURTCOLLEYV ILLE BOULEVARDHIDDENOAKSDRIVECHURCH STREET Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-028 K5409 Colleyville Boulevard Subject Property 1005 5405 5509 16 5604 5600 14 5209 5601 5611 5312 1007 1009 5405 5603 5655 5501 5201 1008 1008 5311 5303 5505 5309 5307 5510 1007 26 10035609 5309 5413 5313 5605 5609 5217 5204 5701 1109 1000 5301 5401 5199 5301 5606 5201 5520 5505 5605 5607 5301 1221 5601 5300 5500 5611 5609 1105 1008 1205 5615 909 1201 11045232 1001 RIVERWALKDRIVEPROFESSIONALCOURTCOLLEYVI LLE BOULEVARDHIDDENOAKSDRIVECHURCH STREET R-20 AG CC-1CC-1 CPO CC-1 PU D-C CN PU D-C CC-2 RE CC-1 PU D-C AG Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-028 K5409 Colleyville Boulevard Subject Property 1005 5405 5509 16 5604 5600 14 5209 5601 5611 5312 1007 1009 5405 5603 5655 5501 5201 1008 1008 5311 5303 5505 5309 5307 5510 1007 26 10035609 5309 5413 5313 5605 5609 5217 5204 5701 1109 1000 5301 5401 5199 5301 5606 5201 5520 5505 5605 5607 5301 1221 5601 5300 5500 5611 5609 1105 1008 1205 5615 909 1201 11045232 1001 RIVERWALKDRIVEPROFESSIONALCOURTCOLLEYV ILLE BOULEVARDHIDDENOAKSDRIVECHURCH STREET Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-028 K5409 Colleyville Boulevard Subject Property Residential Institutional Colleyville Blvd Corridor COLLEYVILLE BOULEVARDRIVERWALKDRIVEHALL JOHNSON ROAD ROYAL LANE BLUEBONNET DRIVEHIDDENOAKS DRIVENUECES COURT MISSION LANEHIDDEN OA KS COURT CHURCH STREET Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-028 K5409 Colleyville Boulevard Subject Property 500ft Buffer Properties within 500ft Owner Name Owner Address Owner City EAGLE-COLLEYVILLE TOWNE SQ.PO BOX 12670 DALLAS, TX COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX CHARLES & ROB LTD 8235 DOUGLAS AVE STE 815 DALLAS, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX CAVALIER INVESTMENT COMPANY 5829 N MESA ST EL PASO, TX BAJRAM & RUZDI INVESTMENTS 4701 MILL CREEK RD COLLEYVILLE, TX DEDIEGO FAMILY TRUST 4381 MORRIS DR SOQUEL, CA BAJRAM & RUZDI INVESTMENTS 4701 MILL CREEK RD COLLEYVILLE, TX R P GANTOS VENTURES LLC 7213 COTTONWOOD CT NORTH RICHLAND HILLS, TX JD JUDD REALTY HOLDINGS LLC 1109 CHURCH ST COLLEYVILLE, TX BRADY, LIBBY W 5405 COLLEYVILLE BLVD COLLEYVILLE, TX BOTTOM FAMILY TRUST 1401 FOUNTAINGROVE PKWY SANTA ROSA, CA SVAP III TC COLLEYVILLE LLC 302 DATURA ST STE 100 WEST PALM BEACH, FL VELOCIS COLLEYVILLE LP 3131 MCKINNEY AVE # 10 DALLAS, TX LTF REAL ESTATE MP I LLC 2902 CORPORATE PL CHANHASSEN, MN CHIVAKULA, LAKSHMI 4104 CHARBRAY CT CEDAR PARK, TX FIRST BAPTIST CH COLLEYVILLE 5405 PLEASANT RUN RD COLLEYVILLE, TX HTA-COLLEYVILLE HOSPITAL LLC 16435 N SCOTTSDALE RD STE 320 SCOTTSDALE, AZ LAUKIEN, DIRK D 24 WATERWAY AVE STE 225 SPRING, TX BRANCH BANKING & TRUST CO 150 S STRATFORD RD STE 400 WINSTON SALEM, NC HIDDEN OAKS ESTATES COLLEYVILLE, TX GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX ORDINANCE O-21-2182 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.609 ACRES, BEING LOT 1, BLOCK 1, OF THE CORLEY SUBDIVISION, LOCATED AT 5409 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A REDUCTION IN PARKING; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for a reduction in parking for the business known as THE Cajun Market, Case No. ZC21-028; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the City Council is of the opinion the change in zoning provided for herein should be made, in compliance with the City Charter, and State law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a reduction in parking on 0.609 acres, being Lot 1, Block 1, of the Corley Subdivision, located at 5409 Colleyville Boulevard, for the business known as THE Cajun Market as depicted on the attached as Exhibit “A”. Ordinance O-21-2182 Page 2 of 3 Sec. 2.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 3.THAT the above described tract of land shall be subject to the following conditions: 1.GENERAL a. The Special Use Permit shall apply to a reduction in parking. b. The name of the business authorized for a reduction in parking by this Special Use Permit shall be called “THE Cajun Market”. c. The existing wall signs shall be consolidated into one (1) wall sign. d. Exhibit C - “Shared Parking Agreements” - shall apply. The Special Use Permit shall automatically expire if an agreement is terminated. e. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. f. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-21-2182 Page 3 of 3 Sec. 6.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7.THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of December 2021. The second reading and public hearing being conducted on the 21st day of December 2021. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 21ST DAY OF DECEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Site Plan Exhibit “C” – Shared Parking Agreements Section 3.24.B Schedule of Permitted Principal Uses Ordinance O-21-2183 Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6b Agenda Date 12/21/2021 Number Ordinance O-21-2183 Type Ordinance Department Community Development Title Consideration of amendments to Chapter 3 of the Land Development Code requiring a Special Use Permit for a duplex in the RD Two Family Residential district, specifically amending Section 3.24B Schedule of Permitted Principal Uses, Case GC21-013 Strategic Plan 4.3 Adopt best-practice planning and development processes Explanation Second Reading and Public Hearing Staff presented the item to the City Council. No additional discussion was had on the proposed amendment. First Reading and Public Hearing There are several properties within the City of Colleyville with the RD Two Family Residential zoning district designation. A 'duplex' is a permitted use within this district. However, all properties with this zoning designation have been developed with single- family homes. The amendment to the Land Development Code would require approval of a Special Use Permit (SUP) for a duplex use to be permitted. Staff Recommendation: Staff recommends approval of the amendments. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the amendments at their November 8, 2021 meeting by a vote of 7-0. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1. 2. City of Colleyville Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 29 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards or Section Ref. Parking Group AG RE R40 R30 R20 R15 RD RMF MH CPO CN CC1 CC2 CC3 ML A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling P P P P P P P P P 6 3 Duplex – Attached Dwelling PS S 6 2 Townhome – Attached Dwellings S 6 4 Multi-family – Attached Dwellings S 6 4 HUD Code Manufactured Housing P 6 2 Assisted Living Facilities PUD only 17 Bed and Breakfast Lodging S S S S S S S S 1,6 18 Private (HOA) Recreational Facilities P P P P P P P P 5 B. ACCESSORY USES Accessory Building P P P P P P P P P Sec. 3.27 n.a. Carport S S S S S S S S S Sec. 3.27.C n.a. Home Occupations Uses P P P P P P P P P 6 n.a. Accessory Dwelling P P S S S 11 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school P S 25 Crop Farming P P n.a. Livestock raising and breeding P P 8 n.a. Private horse stables for domestic use P P P S S n.a. Roadside produce stands (year round) S S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 21 Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 ORDINANCE O-21-2183 AMENDING CHAPTER 3, SECTION 3.24.B SCHEDULE OF PERMITTED PRINCIPAL USES OF THE LAND DEVELOPMENT CODE, SPECIFICALLY REQUIRING A SPECIAL USE PERMIT FOR A DUPLEX IN THE RD TWO FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council of the City of Colleyville approved Ordinance O-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Chapter 3, Section 3.24B - Reserved of the Land Development Code; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT Chapter 3, Section 3.24.B Schedule of Permitted Principal Uses of the Land Development Code is hereby amended to read as depicted in the attached Exhibit “A”. Sec. 2.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-21-2183 Page 2 of 2 Sec. 4.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5.THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of December 2021. The second reading and public hearing being conducted on the 21st day of December 2021. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS ON THIS THE 21ST DAY OF DECEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Exhibit “A” City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6c Agenda Date 12/21/2021 Number Ordinance O-21-2184 Type Ordinance Department Community Development Title Consideration of amendments to Chapter 3 of the Land Development Code allowing commercial accessory buildings and providing regulations, specifically amending Section 3.24B Schedule of Permitted Principal Uses and Section 3.27 Accessory Buildings and Residential Carport Regulations, Case GC21-014 Strategic Plan 4.3 Adopt best-practice planning and development processes Explanation Second Reading and Public Hearing The City Council agreed commercial accessory buildings should require review and approval by the City Council through the Special Use Permit (SUP) process. The Schedule of Permitted Principal Uses chart has been modified and the language in Section 3.27 has been revised. First Reading and Public Hearing Currently, the City has regulations for commercial accessory buildings in Section 3.27 of the Land Development Code. However, the Schedule of Permitted Principal Uses does not allow for 'accessory buildings' within the City's non-residential zoning districts. The amendment to the Land Development Code allows for commercial accessory buildings and attempts to clarify the regulations associated with such buildings. Staff Recommendation: Staff recommends approval of the amendments Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the amendments at their November 8, 2021, meeting by a vote of 7-0. Financial Impact There is no financial impact to the City. City Council Agenda Briefing 6c City of Colleyville Page 2 Recommendation Approve Attachments 1.Section 3.24.B Schedule of Permitted Principal Uses 2.Section 3.27 Accessory Buildings and Residential Carport Regulations 3.Ordinance O-21-2184 Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 29 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards or Section Ref. Parking Group AG RE R40 R30 R20 R15 RD RMF MH CPOCN CC1 CC2 CC3 ML A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling PPPPPPPPP 6 3 Duplex – Attached Dwelling PS 6 2 Townhome – Attached Dwellings S 6 4 Multi-family – Attached Dwellings S 6 4 HUD Code Manufactured Housing P 6 2 Assisted Living Facilities PUD only 17 Bed and Breakfast Lodging SSSSSSSS 1,6 18 Private (HOA) Recreational Facilities PPPPPPPP 5 B. ACCESSORY USES Accessory Building PPPPPPPPPSS S SSSSec. 3.27 n.a. Carport SSSSSSSSS Sec. 3.27.C n.a. Home Occupations Uses PPPPPPPPP 6 n.a. Accessory Dwelling PPSS S11 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school PS 25 Crop Farming PP n.a. Livestock raising and breeding PP 8 n.a. Private horse stables for domestic use PPPS S n.a. Roadside produce stands (year round) SS n.a. D. UTILITY USES Electrical Substations SSSSSSSSSSS S SSS 21 Public Utility Supply and Storage Yards SSSSSSSSSSS S SSS 24 Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 52 name and address of the supervisor or foreman of said company or corporation and the name of its president. b. Name and owner of the property. c. Local address where fence is proposed to be erected. d. Materials and type of fence construction. e. Height of fence. f. Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. Section 3.27 Accessory Buildings and Residential Carport Regulations The following regulations shall govern the location, size and use of accessory buildings: A. Accessory Buildings Located in Residential Zoning Districts (O-00-1223 / 07/18/00) 1. Permit Required: a. A building permit shall be required for any accessory building which exceeds one hundred and twenty (120) square feet. However, all accessory buildings containing 120 square feet or less shall comply with the height and setback requirements of this Section. An accessory building shall only be allowed as an incidental structure to a principle building unless the accessory building is located in the Agricultural District. b. For the purpose of this Section, the term accessory building shall include detached residential garages, pool houses, accessory dwellings, gazebos, cabanas, or other shade structures. Exception: structures for specific use as playground assemblies and/or playhouses shall be exempt provided that minimum five (5) feet setbacks from property lines are maintained. 2. Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed four percent (4%) of the aggregate area of the lot. Exemption: Lots containing a minimum of 80,000 square feet shall be exempt from the requirement for the maximum number of accessory buildings. b. Accessory dwellings allowed by the Land Development Code shall be limited in size to be no more than the most restrictive of the following: 1. Fifty percent (50%) of the primary structure; 2. The maximum allowed square footage for accessory buildings on the lot; or 3. No more than twelve hundred (1,200) square feet c. For the purpose of this Section, the size of an accessory building shall be the square footage of each floor, mezzanine, covered porch, or shade structure. d. An application to exceed the total square footage authorized above may be approved as a Special Use Permit (SUP). e. An existing accessory building may be remodeled or expanded provided the combined square footage of all accessory buildings does not exceed the maximum square footage allowed. However, a legally- Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 53 existing accessory building which exceeds the maximum square footage allowed may be remodeled or replaced with a new accessory building, but not expanded or increased in height. f. There shall be no physical connection between accessory buildings and a minimum separation of three (3) feet between accessory buildings. 3. Setbacks: a. No accessory building shall be allowed, erected, or located forward of the front façade of the primary dwelling. Exemption: Lots containing a minimum of 80,000 square feet shall be exempt from this requirement. b. No accessory building shall be erected in any required yard, as defined in Chapter 2 – Definitions, except as set forth herein. c. Attached accessory buildings – Accessory buildings erected ten (10) feet or closer to the principal building shall be considered attached, and shall comply with the setback lines established for the applicable zoning district. For the purpose of this regulation, the distance between buildings shall be measured between the nearest wall surfaces. Exception: Open structures (open on at least 2 ¾ sides), such as patio covers, shall be allowed to extend into the required rear yard setback a maximum of 10 feet. d. Detached accessory buildings – A detached accessory building shall comply with the setback lines established for the applicable zoning district, unless the accessory building is located totally behind the rear of the principal building, then it shall not be placed closer than five (5) feet to any side or rear lot line. 4. Maximum Height: No accessory building shall penetrate a vertical height envelope defined as being a point five feet from a side or rear lot line and extending vertically 8 feet to a point, then extending at a 45o angle to the allowed height of the zoning district. For clarification, structures shall be measured at grade and shall not exceed the maximum height of the zoning district. 5. Permitted Uses: The use of an accessory building shall be consistent with the permitted uses of the applicable zoning district. No accessory building shall be used for dwelling purposes (the act of occupying a structure – with or without a kitchen) other than for an accessory dwelling, where permitted by the district regulations or Special Use Permit. No accessory building or accessory dwelling shall be rented. 6. Special Use Permit Provision: Any request for a building permit for an accessory building which does not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. B. For Accessory Buildings Located in Non-residential Zoning Districts 1. Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no accessory building located in non-residential zoning districts shall be built in the City of Colleyville without approval by the City Council for a Special Use Permit to construct an accessory building in a non-residential zoning district. 2. Commercial accessory buildings approved to be located within non-residential districts are subject to the following conditions: a. Must meet same setbacks as the primary structure. b. Must be located to the rear of the primary building and not visible from adjacent roadways. c. The use of the accessory building must be ancillary to the primary use. d. Exterior walls and features shall be of the same materials as used with the primary structure. e. Located in such a manner as to not impede, impair or endanger vehicular traffic on the property. Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 54 1. No accessory building shall be erected in any required yard area except as set forth by this section. 2. No accessory building shall be erected within ten (10) feet of any other building unless such accessory building is used as a commercial kiosk, in which case such commercial kiosk cannot be located within fifty (50) feet of another building. 3. Commercial kiosks as accessory uses and/or buildings may be located within approved nonresidential districts subject to the following conditions: a. Maximum size of two hundred-fifty (250) square feet. b. No inside sales or service or drive in sales or service; walk-up and/or drive-up service permitted. c. Exterior walls shall be of at least seventy-five percent (75%) masonry, glass, or other equivalent material, provided metal material does not exceed twenty-five percent (25%) of the exterior walls. d. Located within required setbacks and in conformance with this section. e. Located in such a manner as to not impede, impair or endanger vehicular traffic on the property where the kiosk is located and for vehicular traffic ingressing from and egressing to public rights-of-way. f. Submission of an acceptable site plan shall be required for consideration of the issuance of a building permit unless a current valid Certificate of Occupancy exists. g. Limited to one (1) kiosk per platted plot. C. Residential Carport Regulations – Carports located in zoning districts which permit single family residential dwellings shall comply with the regulations contained in this section. 1. Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. 2. Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a. Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport shall not exceed 24 feet. b. Height: A carport shall not exceed a maximum height of 15 feet. The height shall be measured from the finished grade to the highest point of the roof. c. Setbacks: i. A carport located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. ii. A carport located 10 feet or more from a principal building may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulations. d. Maximum Number Per Lot: one e. Paving and Street Access: Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 55 The parking area of a carport shall be paved not less than nine feet (9’) by eighteen feet (18’) and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9’) in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: i. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. ii. Posts - Posts shall be clad or finished of brick, stone, cedar or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than eight inches (8”) or more than forty-eight inches (48”). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Cedar posts shall be wrapped using masonry stone or brick from the base to at least 50% of the post height. The exposed portion of the cedar post shall be a minimum of 8 inches. g. Adequacy of Plans and Specifications: The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant’s request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. Section 3.28 Supplementary District Regulations A. All required building lines shall adhere to the minimum yard requirement of the applicable zoning district for the property per Section 3.24.6-Shcedule of District Regulations regardless of any setbacks shown on a plat unless a documented plat waiver has been approved. B. Erection of More Than One Principal Building on a Lot – In any district other than Agricultural zoning, no more than one (1) building housing a permitted or permissible principal use may be erected on a single lot. C. Buildings Constructed Across Lot Lines – No building may be constructed across existing platted lot lines unless a replat is filed and approved in accordance with applicable regulations of the city. D. Exceptions to Height Regulations 1. Schools, public buildings, and institutions may be erected to a height exceeding the maximum height in any district in which they are permitted, provided front and rear yards are increased in depth and side yards increased in width one (1) foot for each foot of height that the building exceeds the height regulations of the district in which it is located. 2. The height regulations prescribed elsewhere in this Chapter shall not apply (except as may be applicable to paragraph d. hereof) to grain elevators, television and radio towers, church spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, ornamental towers, monuments, conveyors, fuel storage tanks, asphalt and concrete batch plant equipment not intended for human occupancy. 3. Limitations on number of stories shall not apply to buildings used exclusively for manufacturing or storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located. 4. The permitted height of any occupied building shall be further restricted to the capability of the local fire fighting equipment to adequately handle any such building height. 5. In CC and ML zoning districts, the City Council may vary the maximum height of a building if the City ORDINANCE O-21-2184 AMENDING CHAPTER 3, SECTION 3.24.B SCHEDULE OF PERMITTED PRINCIPAL USES AND SECTION 3.27 ACCESSORY BUILDINGS AND RESIDENTIAL CARPORT REGULATIONS OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council of the City of Colleyville approved Ordinance O-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Chapter 3, Section 3.24.B Schedule of Permitted Principal Uses and Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT Chapter 3, Section 3.24.B Schedule of Permitted Principal Uses and 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code is hereby amended to read as depicted in the attached Exhibit “A”. Sec. 2.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-21-2184 Page 2 of 2 Sec. 4.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5.THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of December 2021. The second reading and public hearing being conducted on the 21st day of December 2021. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS ON THIS THE 21ST DAY OF DECEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Exhibit “A” City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6d Agenda Date 12/21/2021 Number Ordinance O-21-2185 Type Ordinance Department Community Development Title Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a CBD Store use on Lot 7R1A, Block 2, Andy Felps Addition, located at 4209 Colleyville Boulevard, Suite B, Case ZC21-024 Explanation Second Reading and Public Hearing The applicant was present and answered questions from the City Council. The discussion centered on the potential enforcement of the maximum 0.3% THC content. First Reading and Public Hearing Kushal Bastakoti, representing Earth and Roots CBD, has submitted a request for a Special Use Permit (SUP) to allow for a CBD Store use at 4209 Colleyville Boulevard, Suite B. A CBD store is allowed in the CC-3 Highway Commercial district with the approval of an SUP. Existing Conditions/Background: The subject property is zoned CC-3 and generally located on the east side of Colleyville Boulevard, north of Cheek Sparger Road near the intersection of Felps Drive. The subject property is a platted lot and currently developed with a multi-tenant commercial building. Suite B is currently vacant. Proposed Special Use Permit: Request – The applicant is requesting approval of an SUP to allow for a CBD store use at this location. Ordinance – Land Development Code, Chapter 3, Section 3.24.B Schedule of Permitted Principal Uses: A CBD Store in the CC-2 and CC-3 non-residential zoning districts is required to obtain an SUP. Analysis: The applicant is requesting the SUP for a CBD store. The hours of operation will be 9:00 am to 9:00 pm. The percentage of CBD products to be sold are between 40% - 60%. Approval of an SUP at this location for this user should not adversely impact surrounding uses or the character of the neighborhood. Plat Status: The property is platted as Lot 7R1A, Block 2, of the Andy Felps Addition. City Council Agenda Briefing 6d City of Colleyville Page 2 DRC Review: The DRC reviewed the request during their September 20, 2021, meeting and determined the application was complete and may be scheduled for the next available Planning and Zoning Commission meeting. Drainage: NA Surrounding Development: The properties to the north and south are zoned CC-3 Highway Commercial, and developed with a mixture of retail and automotive uses. The property to the east is zoned R-20 Single Family Residential and is improved with single-family uses. The property to the west is located in the City of Hurst and developed with a commercial building. Comprehensive Plan: The City’s Comprehensive Plan, Destination Colleyville, identifies the subject property as “Colleyville Boulevard Corridor” and located within a sales tax preferred intersection. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff is neutral on this request. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended denial at their November 8, 2021, meeting by a vote of 7- 0. When the Planning and Zoning Commission makes a recommendation of denial, a favorable vote of three-fourths (3/4) of all members of the City Council is required for approval of the request. Recommendation None Attachments 1.Request to Appeal 2.Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Statement of Planning Objectives 6.Notification Map 7.Notify List 8.Ordinance O-21-2185 1 Ben Bryner To:Jackie Reyff Subject:RE: ZC21-024 Proposed CBD Store 4209 Colleyville Blvd. Suite B   From: Kush Art Gallery < >   Sent: Tuesday, November 9, 2021 9:56 AM  To: Jackie Reyff <JReyff@colleyville.com>  Subject: Re: ZC21‐024 Proposed CBD Store 4209 Colleyville Blvd. Suite B  Good Morning Ms. Jackie, I hope you are doing well. Yes I would like to appeal the decision of the Planning and zoning commission. Also, I want to mention that I wont be selling delta 8 in the store even though they been c stores in Colleyville area. Looking forward to hear from you. Thank you Regards Kushal Bastakoti C H E E K SPA R GER ROA DCOLLEYVILLE BOULEVARDB R I D L E W O O D S BRID L EW O O D N D E L MA R C O U R T BR O W NTRAIL STEEPLECHASEDRIVEMILLVALLEY DRIVE FELPS DRIVEWELLINGTON DRIVEA C U F F L A N E Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-024 K4209 Colleyville Boulevard, Suite B Subject Property C H E E K S PA RGER R OA DCOLLEYVILLE BOULEVARDB R I D L E W O O D S BRID L EW O O D N D E L MA R C O U R T BR O W NTRAIL STEEPLECHASEDRIVEMILLVALLEY DRIVE FELPS DRIVEWELLINGTON DRIVEA C U F F L A N E CC-1 CC-2 CC-1 R-MF CN R-15 CC-3 PU D-C R-20 R-20 PU D-R PU D-R PU D-R CC-3 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-024 K4209 Colleyville Boulevard, Suite B Subject Property C H E E K SPA R GER ROA DCOLLEYVILLE BOULEVARDB R I D L E W O O D S BRID L EW O O D N D E L MA R C O U R T BR O W NTRAIL STEEPLECHASEDRIVEMILLVALLEY DRIVE FELPS DRIVEWELLINGTON DRIVEA C U F F L A N E Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-024 K4209 Colleyville Boulevard, Suite B Subject Property Residential Colleyville Blvd Corridor Open Space; Parks Presented by Earth and Roots CBD, Colleyville OUR MISSION •Earth and Roots CBD started with one vision: To bring the best quality hemp products for health and wellness,and offer the highest level of customer service to spread knowledge and awareness on how CBD and naturceuticals can change lives for the better. •Our goal is to empower education and wellness with hemp derived products. Helping others understand the benefits and power that cannabinoids can potentially offer,is our main goal. •Education on CBD has been,and is currently lacking,and we aim to spread awareness to people through our educational campaigns. •Limited research suggests cannabinoids show reduction in anxiety, inflammation,and pain.-Health.Harvard.edu CONCEPT Our retail c once p t is very simple.W e bring character in our stores through a mix o f modern and industrial aesthetics, similar to N ew York conc e p ts.As you can see,the White(California theme) and Black (New York theme) Brick conc e p t.This represen ts Yin and Yang , which w e based our conc e p t out o f:A balanced homeostasis o f the body through our CBD products. Why Franchise with Earth and Roots? •Our franchisees must be qualified to be part of Earth and Roots, through our vetting process. •We are highly selective of competitive candidates that will show passion,integrity and proven leadership to this industry. •We want to create a positive influence with CBD.We don’t look for investors that want to be a franchisee,but operating owners. •We are a manufacturer that has proven grounds on distribution and won’t have issues with the demand and supply as others have faced along inventory control. •Franchisees must have $50k liquidity for a minimum of six months of post-down costs. 1.CBD Manufacturer-owned franchise that has full inventory control and backing. 2.Training and Initial business set-up,ongoing Franchise Support,and continuous training development. 3.Ongoing innovation on new products from our own formulations, research and development, and packaging. 4.Our system is about helping our franchisees succeed, and we are very proud of our brand.You are not a store number, but family when accepted into Earth and Roots. 5.Marketing and advertising support,from our in house marketing team lead by our CMO with an extensive marketing agency background. 6.Pharmacist formulated products Ad vantages o f Franchising with E&R The best franchisees are great leaders How has CBD positively affected the nation and the demographics that use it? In 2019 only 14%of consumers used CBD products.The statistics has shown that every age 18-72 has had equal usage since this number.CBD is for everyone. Source:travel.trade.gov How is Earth and Roots classified as a high end CBD store? 1.All of our employees must pass 5 courses certificated from CBDtrainingacademy.com and train for excellence in education and customer experience. 2.W e actually design our stores specifically to the balance of Black and White.The Yin &Yang which is the balance of life.W e have been rated to be one of the best CBD stores in the state. 3.Everything we produce is 100%natural,occurring from the hemp plant. 4.We use herbal blends in our CBD products for better health solutions. 5.We don’t sell Delta 8 or any other Isomer and Synthetic product. 6.We use organic and natural ingredients in all of our products. 7.W e don’t sell any CBD products over 0.3%THC. 8.W e don’t sell any paraphernalia. We won 2nd bes tin DF W in the CBD cat egory! How is Earth and Roots classified as a high end CBD store? 1.All of our employees must pass 5 courses certificated from CBDtrainingacademy.com and train for excellence in education and customer experience. 2.W e actually design our stores specifically to the balance of Black and White.The Yin &Yang which is the balance of life.W e have been rated to be one of the best CBD stores in the state. 3.Everything we produce is 100%natural,occurring from the hemp plant. 4.We use herbal blends in our CBD products for better health solutions. 5.We don’t sell Delta 8 or any other Isomer and Synthetic product. 6.We use organic and natural ingredients in all of our products. 7.W e don’t sell any CBD products over 0.3%THC. 8.W e don’t sell any paraphernalia. We won 2nd bes tin DF W in the CBD cat egory! W h y is hemp good for us? Cannabinoids exert their effects by interacting with specific cannabinoid receptors present on the surface of cells.Cannabinoid receptors are an essential component of the body's endogenous,or endocannabinoid system (ECS).Every function in our body requires balance,or homeostasis,to perform at maximum capacity. ➔CB1 re ce ptors CB1 is expressed primarily in the brain,central nervous system,lungs,liver,kidneys, and other vital organs. ➔CB2 rece ptors The communication of the CB1 to provide activity that inhibits inflammatory signaling pathways,bringing things back to a normal non-inflammatory state,or a state of homeostasis. ➔Conclusion In today’s world we lack a good balanced meal,exercise,sleep,and maintaining stress levels. This could be a dysfunction that can contribute in development in genetic and environmental factors. Did you know pets have a ECS system too? •CBD-50% •Scented Candles-15% •Incense Sticks-15% •Bohemian Handbags-15% •Himalayan Salt Lamps-5% Merchandises Available Incense Sticks and Scented Candles •Sustainably sourced, and free from toxins and chemicals •Eucalyptus, mint, lemongrass and tropical scented candles and incense sticks •Aromatherapy scented candles •Decorative items •Calming effect •Reduces headaches •Relaxation Bohemian Handbags •Unique and Custom handmade bags imported from Nepal, Turkey, Thailand •Boho handbags, fringe tribal purses and hippie bags •Featuring global trend ideas Himalayan Salt •Reduces Stress and improves mood •Supports Immune System •Improves Breathing •Enhances Concentration •Boosts Serotonin Levels TESTIMONIES We have over (133)Google review 5.0 star in the past 10 months Education and dosage is provided during the visit at the store and QR codes on every product so customers can scan and learn more. STIGMA EDUCATION Educating our Customers •The CBD Extraction Process –The sales person at retail store will educate consumers about the differences between the two plants (hemp and cannabis) and how the extraction process works. •Types of CBD -Different types of CBD have different benefits, and so educating consumers about which type makes the most sense for their needs is important. •Forms of CBD -CBD products include more than just oils. From gummies and chocolates to beverages and skincare products, there are many forms of CBD delivery out there on the market. Educating consumers about the wide array of products available make them feel confident in the product. •Potential Health Benefits –Using the branded content featuring testimonials from users who have experienced positive results after using the CBD products can help build trust with consumers. CBD Sales in Colleyville Gas Stations Gas station in Colleyville are selling CBD products without educating people, however, the goal of Earth and Roots is to educate people about their health and mindful CBD consumptions. YOUR WELLNESS IS OUR CONCERN Our customers’health means everything to us.W e don’t just make plain CBD products, but we infuse them with healthy herbal blends to enhance our product benefits 4207 4103 116 310 4001 4109 4112 41054105 4100 4102 408 4012 303 4109 4115 4004 132 417 4104 412 401 125 4116 3910 4117 4008 4000 4008 4106 108 312 4115 3916 400 4105 308 305 120 4401 4113 304 307 4103 400 4201 4005 107 4104 4106 4104 4320 4107 4300 4209 4113 4101 4110 4113 3914 4111 301 4114 4107 4114 4112 308 405 408 300 4304 4006 112104 4108 3913 4100 302 4205 4301 4109 4108 4111 4213 4312 133129 4400 4110 4105 4308 4100 128 4007 4201 4010 416 4101 4013 4002 313 4101 4004 4114 4106 4112 4100 218 404 4205 4403 4110 124 121 4102 4211 300 4118 4009 4000 3915 4309 120 4121 4125 128 309 413 409401301305 306304 405 B R I D L E W O O D S BRID L EW O O D N C H E E K S P A R G E R R O A DCOLLEYVILLE BOULEVARDBRO W N TRAIL WATERFORDLA NE STEEPLECHASEDRI VED E L M A R COURTFELPS DRIVEPADDINGTON LANEWELLINGTON DRIVEA CUFF L A NE Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC21-024 K4209 Colleyville Boulevard, Suite B Subject Property 500ft Buffer Properties within 500ft Owner_Name Owner_Addr Owner_City AUTO WASH DEPOT CENTERS 2400 E COMMERCIAL BLVD STE 901 FORT LAUDERDALE, FL CHOATE, JOHN P 4112 STEEPLECHASE DR COLLEYVILLE, TX DUONG, TRANG 10268 CHARISSGLEN CIR LITTLETON, CO HINKLE-MORRISON, MICHAEL 4012 FELPS DR COLLEYVILLE, TX MANDATO, DAVID A 4109 FELPS DR COLLEYVILLE, TX WILKS, EARLEEN FAY 132 ACUFF LN COLLEYVILLE, TX HOELSCHER, KEVIN 4116 STEEPLECHASE DR COLLEYVILLE, TX ROMINE, LAQUITA JOY 4113 FELPS DR COLLEYVILLE, TX RAI, RAMINDERPAL 4201 FELPS DR COLLEYVILLE, TX FRENCH, JAMES E PO BOX 550 TIOGA, TX HOMEOWNERS OF BRIDLEWOOD PO BOX 1142 COLLEYVILLE, TX 4209 COLLEYVILLE BLVD LLC PO BOX 602 COLLEYVILLE, TX LAWSON, DAVID S 4114 STEEPLECHASE DR COLLEYVILLE, TX 4FD PROPERTIES LLC 4100 FELPS DR STE A COLLEYVILLE, TX 4205 COLLEYVILLE LLC PO BOX 92565 SOUTHLAKE, TX BENCHMARK AMERICAN HOMES 9001 GLENDARA DR NORTH RICHLAND HILLS, TX LAPRELLE, CHAD 133 ACUFF LN COLLEYVILLE, TX CALLAHAN, JIMMY PO BOX 430 YANTIS, TX ACHA, CHRISTINE 7656 RIDGELINE DR DUBLIN, CA BOTEJU, PRABATH S 501 THORN WOOD DR EULESS, TX KNIGHT, STEVEN 4205 FELPS DR COLLEYVILLE, TX EKDREN TRUST 4110 STEEPLECHASE DR COLLEYVILLE, TX MIDBELT PROPERTIES LP 2722 FAIRMOUNT ST DALLAS, TX WIEGMANN, PAULA L 4118 STEEPLECHASE DR COLLEYVILLE, TX BRATTON, BILLY W 4009 FELPS DR COLLEYVILLE, TX FIRST ASSEMBLY OF GOD CH PO BOX 98 COLLEYVILLE, TX CORPORATION, ALARDIN 1721 WOODHILL LN BEDFORD, TX LATT PROPERTIES INC 3701 CLIFFWOOD DR COLLEYVILLE, TX CROMBIE, PHILLIP EST 128 ACUFF LN COLLEYVILLE, TX BRIDLEWOOD ESTATES 4110 Coachman COLLEYVILLE, TX TIFFANY PARK 1264 Harwood Road BEDFORD, TX GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX ORDINANCE O-21-2185 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.841 ACRES, BEING LOT 7R1A, BLOCK 2, OF THE ANDY FELPS ADDITION, LOCATED AT 4209 COLLEYVILLE BOULEVARD, SUITE B, AUTHORIZING A SPECIAL USE PERMIT FOR A CBD STORE USE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for a CBD store for the business known as Earth and Roots CBD, Case No. ZC21-024; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the City Council is of the opinion the change in zoning provided for herein should be made, in compliance with the City Charter, and State law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a CBD store on 0.841 acres, being Lot 7R1A, Block 2, of the Andy Felps Addition, located at 4209 Colleyville Boulevard, Suite B, for the business known as Earth and Roots CBD, as depicted on the attached as Exhibit “A”. Ordinance O-21-2185 Page 2 of 3 Sec. 2.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 3.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to a CBD store. b. The name of the business authorized for a CBD store by this Special Use Permit shall be called “Earth and Roots CBD”. c. The hours of operation shall be 9 a.m. to 9 p.m. d. The business shall not sell any paraphernalia related to vaping and/or smoking. e. There shall not be any smoking on the premises, inside or outside, and a “no smoking” sign shall be posted. f. There shall not be any CBD products sold over 0.3% THC. g. There shall not be any Delta 8, Delta 10, or THCO or any other Isomer and Synthetic product sold. h. No smoothies or other similar food type products (prepared to order) shall be permitted. i. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. j. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-21-2185 Page 3 of 3 Sec. 6.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7.THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of December 2021. The second reading and public hearing being conducted on the 21st day of December 2021. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 21ST DAY OF DECEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6e Agenda Date 12/21/2021 Number Ordinance O-21-2186 Type Ordinance Department Finance Title An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority Strategic Plan 2.1 Provide responsive, efficient city services Explanation Second Reading and Public Hearing There were no speakers to discuss this item. First Reading and Public Hearing On November 15, 2016, the City Council approved Ordinance O-16-1996, implementing the recommendations of the Water and Wastewater Rate Advisory Committee. This ordinance established a new rate structure in which City operating costs are recovered through base rates and volumetric rates are set to pass through the costs charged by the Trinity River Authority (TRA). The base and volumetric rates are reviewed and updated on an annual basis. The new base rates are reflected in the bills sent out in October to coincide with the City's fiscal year while the new volumetric rates are reflected in the bills sent out in January to coincide with TRA's rate change. This agenda item provides for formal consideration and approval to amend Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, to reflect the proposed new pass through rates to be in effect starting with the January billing for December's usage as follows: Water Rates Staff recommends consideration of lowering the current water volumetric rate from $4.4654 to $4.3430. City Council Agenda Briefing 6e City of Colleyville Page 2 Wastewater Rates Staff recommends consideration of lowering the current wastewater volumetric rate from $3.1650 to $3.0663. Financial Impact Adoption of this ordinance will provide the revenue to recover the costs from TRA. Recommendation Approve Attachments 1.Volumetric Rates 12-21-2021 2.Ordinance O-21-2186 Volumetric Utility Rates City Council December 21, 2021 Monthly Base Rate (Min. Bill) Volumetric Charge (Pass through) Total Bill Ø TRA bills Colleyville for water and wastewater treatment. ü WATER: Based on volume of treated water purchased ü WASTEWATER: Based on volume of wastewater treated ü DEBT SERVICE: Based on Colleyville’s proportional share of water use within the Tarrant County Water Supply Project and proportional share of wastewater flows for Central Regional Wastewater System Ø Effective Date: January 1 Ø Colleyville bills customers: ü A base rate to recover the operating costs. ü A volumetric rate based on projected payments to TRA Ø Fixed monthly charges calculated based on the amount of revenue necessary to recover the City’s operating costs. ü Water Base Rate ü Wastewater Base Rate ü Capital Improvement Plan (CIP) Rate Ø Effective Date: October 1 Rate Breakdown Utility Fund Projections - Rates Water Meter Size FY 2022 Water FY 2022 Wastewater FY 2022 CIP FY 2022 Total 1" Meter $14.06 $12.32 $5.83 $32.21 1.5" Meter $28.12 $12.32 $10.79 $51.23 2" Meter $45.00 $12.32 $16.75 $74.07 3" Meter $84.37 $12.32 $30.65 $127.34 4" Meter $140.61 $12.32 $50.49 $203.42 FY 2022 Recommendation Moderate increases to water/wastewater base rates CIP rate increases to originally projected rate Water Meter Size FY 2021 Water FY 2021 Wastewater FY 2021 CIP FY 2021 Total 1" Meter $13.58 $11.60 $3.93 $29.11 1.5" Meter $27.16 $11.60 $7.28 $46.04 2" Meter $43.45 $11.60 $11.30 $66.35 3" Meter $81.47 $11.60 $20.67 $113.74 4" Meter $135.78 $11.60 $34.05 $181.43 +$0.48 to +$4.83 +$0.72 +$1.90 to +$16.44 +$3.10 to +$21.99 Water Volumetric Rate Comparison Current Rate New Rate Difference $4.4654 / 1,000 Gallons $4.3430 / 1,000 Gallons ($0.12) / -2.74% Budgets (include % modifiers)FY2021 FY2022 TRWD Raw Water Costs $16,561,092 $16,383,644 O&M Budget $12,786,041 $12,784,866 Debt Budget $16,125,783 $16,184,238 Total Budget $45,472,916 $45,352,748 Colleyville Projected Flow 2,372,552 2,409,015 Colleyville Flow as % of Total Flow 23.3%23.07% Colleyville %age of Budget $10,594,280 $10,462,425 Rate (CV % of Budget / CV Projected Flow)$4.4654 $4.3430 Water Volumetric Rates Current Rate New Rate Difference $4.4654 / 1,000 Gallons $4.3430 / 1,000 Gallons ($0.12) / -2.74% Volumetric Rate Calculation Rate per 1,000 Gallons %age of Rate TRWD Raw Water Costs $1.307 30% Colleyville’s Portion of TRA Operating Budget $1.020 23% Add: 20% of O&M rate (billed by TRA to ensure liquidity) $0.470 11% Subtotal O&M Rate $2.793 64% Colleyville’s portion of TRA Debt Budget $1.476 34% Add: 5% of Debt Service (based on historical experience) $0.074 2% Subtotal Debt Rate $1.550 36% Total FY22 Volumetric Water Rate $4.3430 WW Volumetric Rate Comparison Current Rate New Rate Difference $3.1650 / 1,000 Gallons $3.0663/ 1,000 Gallons ($0.0987)/ -3.119% Budgets (include % modifiers)FY2021 FY2022 O&M Budget $54,993,678 $56,791,521 Debt Budget $110,784,662 $103,553,141 Total Budget $165,778,339 $160,344,662 Colleyville Projected Flow 1,043,900 1,036,965 Colleyville Flow as % of Total Flow 1.99%1.98% Colleyville %age of Budget $3,303,962 $3,179,635 Rate (CV % of Budget / CV Projected Flow)$3.1650 $3.0663 Wastewater Volumetric Rates Current Rate New Rate Difference $3.1650 / 1,000 Gallons $3.0663/ 1,000 Gallons ($0.0987)/ -3.119% Volumetric Rate Calculation Rate per 1,000 Gallons %age of Rate Colleyville’s Portion of TRA Operating Budget $1.065 34.7% Add: 2% of O&M rate (based on historical experience) $0.021 0.7% Subtotal O&M Rate $1.086 35.4% Colleyville’s portion of TRA Debt Budget $1.886 43% Add: 5% of Debt Service (based on historical experience) $0.094 3.1% Subtotal Debt Rate $1.980 64.6% Total FY22 Volumetric Wastewater Rate $3.0663 •Commercial/Industrial customers are metered (actual usage) •Residential customers are based on average water use for December, January, February (winter averaging) –Industry standard practice; effectively factors out irrigation usage –If no preceding winter average is available, a volume of 9,000 gallons is used Wastewater Usage Calculation •Turn off irrigation system during winter months •Use garbage disposal sparingly (compost) •Be aware of water levels in laundry –If buying new machine, research models for energy conservation •Use a pool cover (prevent water loss through evaporation) •Monitor water bill monthly to discover any leaks Water Conservation Tips Questions and Discussion ORDINANCE O-21-2186 AMENDING SECTION 3 – SERVICE CHARGES OF THE WATER AND SEWER POLICY AND PROCEDURE MANUAL OF THE CITY OF COLLEYVILLE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, water and wastewater base rates are set to recover the City’s annual operating costs for the utility system; and WHEREAS, the Fiscal Year 2022 Utility Fund operating budget has been proposed and the required base rates to fund said budget have been calculated; and WHEREAS, the City Council desires to maintain base rates in total by lowering the water base rate, lowering the wastewater base rate, and increasing the base rate for funding of utility capital projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 3 – Service Charges of the Water and Sewer Policy and Procedure Manual of Colleyville, Texas, which is “Appendix A” of the Colleyville Code be replaced in its entirety to read as follows: Sec. A. - Water rates. The following base and volumetric charges shall apply to residential and non-residential water customers. Base charges for out-of-city customers shall be $4.00 higher than the charge for in-city customers. Base charge per month for in-city customers: Water meters 1 inch or less $14.06 Water meters of 1.5 inches $28.12 Water meters of 2 inches $45.00 Water meters of 3 inches $84.37 Water meters of 4 inches $140.61 Base charge per month for out-of-city customers: Water meters 1 inch or less $18.06 Water meters of 1.5 inches $32.12 Water meters of 2 inches $49.00 Water meters of 3 inches $88.37 Water meters of 4 inches $144.61 Ordinance O-21-2186 Page 2 of 5 Volumetric charge per 1,000 gallons $4.3430 Rates for fire hydrant meters: The use of fire hydrant meters shall only be allowed within the Colleyville city limits. The use of the fire hydrant meters shall be limited to a period of no more than 90 cumulative calendar days. Under special conditions, a customer may submit a written request to the public works department for use of a fire hydrant meter for a period longer than 90 cumulative calendar days, subject to public works director approval. In considering special condition(s), the public works director shall not consider requests which are necessary to relieve a self-created or personal hardship, failure of performance by a contractor, nor for financial reasons. In considering the customer request, the public works director shall solicit the recommendation of the fire chief and fire marshal in consideration of the request. Further, the public works director shall consider alternative means available to the customer. If special condition(s) are approved by the public works director, in no case shall the meter be used for more than an additional 30 calendar days. The public works director may provide a written ruling within 15 working days of receipt of the customer's written request. In the event a request for special condition(s) is denied by the public works director, customer shall, within 14 calendar days, make written appeal to the city manager of the public works director's decision. The city manager shall render a written decision within 30 working days of receipt of the customer's appeal. Such decision by the city manager shall be final and not appealable to the city council. For purposes of this section, written communication shall be considered communication, which is deposited with the United States Postal Service for delivery. The user must submit in writing, the location of where the meter will be used and such meter shall be used exclusively at the location on record with the city. For purposes of this section, the use of a meter shall be allowed cumulatively for only one location within an individual subdivision and/or development. For a period of 90 cumulative calendar days after a meter is returned and read by the city, a user shall not be permitted to check out another meter for use at the same designated location, as defined herein. Ordinance O-21-2186 Page 3 of 5 The monthly base charge for a fire hydrant meter shall be $50.00. Water usage for a fire hydrant meter shall be charged at a rate of $4.17 per 1,000 gallons of water used. The customer shall be in possession of and responsible for the meter. The customer will be responsible for bringing the meter to the public works service center by the 20th of each month for reading. The customer is required to use a proper fire hydrant wrench for operation of the fire hydrant. The customer shall be responsible for any damage and repair, as reasonably determined by the city, to the fire hydrant or the fire hydrant meter by the use of a temporary water meter. The customer will be required to provide for any backflow device necessary to meet the current city ordinance for protection of the city's drinking water supply. The City of Colleyville, Tarrant County, and Texas Department of Transportation (TxDOT) shall be exempt from the provisions of this policy. Sec. B. - Sewer rates. This schedule of rates per month or fraction thereof shall be the basis for determining charges to all customers for rendering sanitary sewage service, where the sewage produced by such customer is a normal strength wastewater (170 mg/l BOD and 260 mg/l suspended solids) and where such customer is located within the City of Colleyville. The base charge for non- residential customers shall be $6.00 higher than the charge for residential customers. A base charge per month shall be charged as follows: Residential customers $12.32 Non-residential customers $18.32 A monthly sewer volume charge shall also be charged to all customers as set forth hereinafter. The sewer volume charge for residential customers will be based upon the individual customer's average monthly water use during the months of December, January, and February. Where no preceding winter quarter average is available from records, a volume of 9,000 gallons shall be used for this volume charge. The monthly sewer volume charges to commercial and industrial class customers will be based on total water use each month as measured by appropriate meters, with the provision that if a customer can show to the Ordinance O-21-2186 Page 4 of 5 satisfaction of the public works director that a significant portion of the metered water usage does not enter the sanitary sewers, the customer will be charged for only that volume entering the sewers, as determined by a method approved by the director of public works. Volumetric rate per 1,000 gallons:$3.0663 Sec. C. – Capital Projects rates. The following base charges shall apply to residential and non-residential customers to provide funding for utility capital projects necessary to maintain the utility system: Base charge per month for in-city and out-of-city customers: Water meters 1 inch or less $5.83 Water meters of 1.5 inches $10.79 Water meters of 2 inches $16.75 Water meters of 3 inches $30.65 Water meters of 4 inches $50.49 Sec. D. – Billing; delinquent penalty. All charges for services furnished or rendered by the City of Colleyville Utility Department are due and payable on the date bill is received. If payment is not received within sixteen days of the billing date, a (10%) penalty will be imposed for failure to pay by the due date of the bill. In the event the meter is not delivered to the city for reading, a penalty fee would be imposed as follows: $100.00 1st missed reading $200.00 2nd missed reading $300.00 3rd missed reading After the third missed reading, the security deposit will be forfeited and the City of Colleyville will revoke the use of the fire hydrant meter. Sec. E. – Discontinuance of service, notice; reconnection fee. In the event that any month's charges remain delinquent and unpaid at the time of a subsequent billing's due date, the user or customer shall receive a cut-off notice which will be mailed no later than two working days after the subsequent billing's due date. Services will be disconnected if any arrearages Ordinance O-21-2186 Page 5 of 5 over 30 days are not paid within six working days of the cut-off notice. Where service has been discontinued for failure to pay for service rendered, a charge of $25.00 shall be made for each meter disconnected before said service shall be restored. In the event the customer requests reconnection at hours other than 8:00 a.m. to 4:30 p.m., said reconnect fee shall be increased to $75.00. Sec. 2. THAT the effective date of this ordinance shall be for the bills sent out starting January 1, 2022. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of December 2021. The second reading and public hearing being conducted on the 21st day of December 2021. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 21ST DAY OF DECEMBER 2021. Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye Place 1, Tammy Nakamura Abs Place 5, Chuck Kelley Aye Place 3, Kathy Wheat Aye Place 6, Callie Rigney Aye Place 4, George Dodson Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 8 Agenda Date 12/21/2021 Type Report Department City Secretary Title Colleyville Library Board Meeting Minutes - October 25, 2021 Planning and Zoning Commission Meeting Minutes - November 8, 2021 Sign Board of Appeals Meeting Minutes - November 9, 2021 Planning and Zoning Commission Worksession Minutes - November 22, 2021 Attachments 1.Library Board Minutes - October 25, 2021 2.Planning and Zoning Commission Minutes - November 8, 2021 3.Sign Board of Appeals - November 9, 2021 4.Planning and Zoning Commission Worksession Minutes - November 22, 2021 City of Colleyville Page 1 City of Colleyville Colleyville Library Board MINUTES City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, October 25, 2021 6:00 p.m. Colleyville Public Library 110 Main Street 1. CALL TO ORDER Chair Gary McPherson called the meeting of the Colleyville Library Board to order at 6:02 p.m. Present Board members: Chair Gary McPherson, Pat Jones, Joan Roberts, Kay Newton, Wanda Cotter; Ex-Officio: Denise Light; City Staff: Library Director Mary Rodne, Library Events Coordinator Alyssa Ross Absent Board Members: Tina Bond, Joy Fulton Lee, Molly Skinner 2. APPROVAL OF MINUTES August 9, 2021 A motion was made by Kay Newton and seconded by Joan Roberts to approve the August 9, 2021 minutes. The motion was approved unanimously. 3. REGULAR AGENDA ITEMS 3a Election of Vice-Chair Chair McPherson asked for Board discussion regarding the election of a Vice-Chair to fill the open position. Following discussion, consensus of the Board was to wait to elect a new Vice-Chair until the next meeting, as new appointments will have been made by City Council in November. Chair McPherson requested Board members to notify him or Director Rodne, if they were interested in the Vice-Chair position. 3b Library Board appointments update Director Rodne stated that Library Board expiring term e-mail notifications were sent out on October 7 by the City Secretary’s office. Rodne noted that Board members with expiring terms included Kay Newton, Pat Jones, Tina Bond, and Wanda Cotter, and that applications were due November 1. Colleyville Library Board Minutes October 25, 2021 City of Colleyville Page 2 3c City of Colleyville Fiscal Year 2022 (FY22) budget update Director Rodne reported that the City of Colleyville Fiscal Year 2022 (FY22) budget was approved at the September 21, 2021 City Council meeting and took effect on October 1, 2021. Rodne confirmed that City Council approved the Library Board’s recommended expenditure amount of the Voluntary Library Fund not to exceed $170,000, for library materials, library processing supplies, and library programs, at the September 7, 2021 City Council meeting. Additionally, Rodne noted that at the August 17, 2021 City Council meeting, Council approved the use of the Voluntary Library Fund in Fiscal Year 2021, for professional services to update the Library’s Long-Range Plan, in an amount not to exceed $17,000. 3d Discussion of the Colleyville Public Library Long-Range Plan Update Aaron Babcock, Hidell and Associates Architects, presented an overview of the key long-range planning tasks, which included the data gathering process, peer library comparison, stakeholder focus group meetings, and community engagement through an online survey. Following the overview presentation, Babcock facilitated a discussion to seek Board input. Library trends of the past five years, changed Library service expectations, and future needs of the Library were discussed. 3e Discussion of Items for Future Agendas The next regularly scheduled meeting was tentatively set for Monday, December 13, 2021, and that one agenda item would include the discussion of the Long-Range Plan update. Member Kay Newton exited the meeting at 7:06 p.m. 4. REPORTS Due to time, the Board agreed to conclude the meeting and review October reports at the December meeting. 5. ADJOURNMENT A motion was made by Pat Jones and seconded by Joan Roberts to adjourn the meeting of the Colleyville Library Board at 7:29 p.m. The motion was approved unanimously. Colleyville Library Board Minutes October 25, 2021 City of Colleyville Page 3 APPROVED BY A VOTE OF _6_ AYES, _0_ NAYS, AND 0 ABSTENTIONS ON THIS THE 13th__ DAY OF _December_____. Minutes taken and prepared by: Alyssa Ross Library Community Events Coordinator City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, November 8, 2021 Executive Conference Room CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission Meeting was called to order by Chair Bevill on November 8, 2021, at 6:16 p.m. Roll Call Present: David Groves, Lawrence Williamson, Tim Raine, Matt Koch, Claudia Bevill, and George Bond Absent: Sayeda Syed Staff Present: Ben Bryner, Jacquelyn Reyff, Eddie Tangadunrat, and Dakari Hill Also Present: Attorney, Nicole Corr Commissioner Syed arrived after Roll Call at 6:31 p.m. There was general discussion amongst Staff and the Commission regarding items to be presented this evening at the regular meeting. Chair Bevill adjourned the Planning and Zoning Commission Meeting at 6:34 p.m. CALL MEETING TO ORDER CITY COUNCIL CHAMBERS The City of Colleyville Planning and Zoning Commission Meeting was called to order by Chair Bevill on November 8, 2021, at 7:00 p.m. Roll Call Present: David Groves, Lawrence Williamson, Sayeda Syed, Matt Koch, Claudia Bevill, and George Bond Absent: N/A Staff Present: Ben Bryner, Jacquelyn Reyff, Eddie Tangadunrat, and Dakari Hill Planning and Zoning Commission Minutes November 8, 2021 City of Colleyville Page 2 Also Present: Attorney, Nicole Corr 1. APPROVAL OF MINUTES 1a Planning and Zoning Commission Meeting Minutes – October 11, 2021 Planning and Zoning Commission Worksession Minutes – October 25, 2021 Commissioner Koch made a motion to approve the October 11, 2021 Planning and Zoning Commission Meeting Minutes and the October 25, 2021 Planning and Zoning Commission Worksession Minutes. Commissioner Williamson seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Koch, Bevill, and Bond Nay: 0 2. PUBLIC HEARING AGENDA ITMES 2a Consideration of a Special Use Permit for a CBD Store use on Lot 7R1A, Block 2, Andy Felps Addition, located at 4209 Colleyville Boulevard, Suite B, Case ZC21-024, TABLED FROM THE OCTOBER 11, 2021 PLANNING AND ZONING COMMISSION MEETING Commissioner Groves made a motion to remove Case ZC21-024 from the table. Commissioner Syed seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Koch, Bevill, and Bond Nay: 0 Jacquelyn Reyff presented the item and briefed the Commission. An associate of the applicant, Steven Hz, 9655 Wharf Road, Dallas, TX came forward and briefed the Commission. Mr. Hz answered questions of the Commission regarding the sale of Delta 8 products, the revenue generated from Delta 8 products, and the potential issue of product being mistaken as an illegal substance The applicant, Kushal Bastakoti, 4119 Nepoli Way, Irving, TX answered questions of the Commission regarding the sale of Delta 8 products. Planning and Zoning Commission Minutes November 8, 2021 City of Colleyville Page 3 The public hearing was open at 7:25 p.m. James Ramsey, 910 Saddlebrook Drive, Colleyville, TX came forward and spoke in support of the case. Mr. Ramsey expressed the store’s potential benefit to the community, the applicant’s willingness to make concessions, and the ability of the applicant to provide the Commission with additional information. With no one wishing to speak, the public hearing was closed at 7:29 p.m. City Attorney, Nicole Corr, informed the Commission that Delta 8 is criminalized in some states and that the product has also been deemed a “Schedule 1” narcotic. Commissioner Koch expressed concerns with the legality issues surrounding Delta 8, the lack of information regarding Delta 8, and the applicant’s stance on the sale of Delta 8 changing since the last meeting. Mr. Hz expressed to the Commission that the applicant wished for the Commission to vote on the item on the grounds that Delta 8 would not be sold in that location. Commissioner Bond expressed his agreeance with Commissioner Koch’s concerns and his viewpoint of the possible benefits of CBD. Commissioner Syed made a motion to deny Case ZC21-024. Commissioner Groves seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Koch, Bevill, and Bond Nay: 0 2b Consideration of a Special Use Permit for a Reduction in Parking on Lot 1 Block 1, Corley Subdivision, 5409 Colleyville Boulevard, Case ZC21-028 Jacquelyn Reyff presented the item and briefed the Commission. The applicant, Phillip Tullis, 2824 Naples Drive, Hurst, TX came forward and briefed the commission. Mr. Tullis answered questions of the Commission regarding the need for additional parking and how customers will know where to park. The public hearing was open at 7:44 p.m. Planning and Zoning Commission Minutes November 8, 2021 City of Colleyville Page 4 With no one wishing to speak, the public hearing was closed at 7:44 p.m. Staff answered questions of the Commission regarding the best methods of notifying customers about the shared parking agreement. Commissioner Williamson made a motion to approve Case ZC21-028. Commissioner Bond seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Koch, Bevill, and Bond Nay: 0 2c Consideration of amendments to Chapter 3 of the Land Development Code for the removal of the Mobile Home Residential District, specifically amending Section 3.16 MH – Mobile Home Residential District, Section 3.24B Schedule of Permitted Principal Uses, and Section 3.24.G Schedule of District Regulations, Case GC21-012 Ben Bryner made a recommendation to the Commission that the item be tabled due to possible legal implications. Commissioner Bevill made a motion to table Case GC21-012. Commissioner Raine seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Koch, Bevill, and Bond Nay: 0 2d Consideration of amendments to Chapter 3 of the Land Development Code requiring a Special Use Permit for a duplex in the RD Two Family Residential district, specifically amending Section 3.24B Schedule of Permitted Principal Uses, Case GC21-013 Ben Bryner presented the item and briefed the Commission. The public hearing was open at 7:54 p.m. With no one wishing to speak, the public hearing was closed at 7:54 p.m. Commissioner Syed made a motion to approve Case GC21-013. Commissioner Koch seconded the motion. Planning and Zoning Commission Minutes November 8, 2021 City of Colleyville Page 5 The motion was carried by the following vote: Aye: 7 – Groves, Syed, Raine, Koch, Bevill, and Bond Nay: 0 2e Consideration of amendments to Chapter 3 of the Land Development Code allowing commercial accessory buildings and providing regulations, specifically amending Section 3.24B Schedule of Permitted Principal Uses and Section 3.27 Accessory Buildings and Residential Carport Regulations, Case GC21-014 Ben Bryner presented the item and briefed the Commission. Staff answered questions of the Commission regarding different standards for residential and non-residential accessory buildings, the maximum number of accessory buildings per lot, and the allowance of subdivided accessory buildings. The public hearing was open at 8:01 p.m. With no one wishing to speak, the public hearing was closed at 8:01 p.m. Commissioner Williamson made a motion to approve Case GC21-014. Commissioner Syed seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Koch, Bevill, and Bond Nay: 0 3. CITIZEN COMMENTS With no one wishing to speak, the public hearing was closed at 8:02 p.m. 4. ADJOURNMENT The meeting adjourned at 8:03 p.m. The minutes were written and prepared by: Dakari Hill Planning Technician The meeting minutes were approved on December 13, 2021 by a vote of 5-0. City of Colleyville Page 1 City of Colleyville Sign Board of Appeals Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, November 9, 2021 City Council Chambers Call to Order The Sign Board of Appeals meeting of the City of Colleyville was called to order by Board member Carroll on March 9, 2021 at 7:00 p.m. Roll Call Present: Richard Vallario, Dee Kamerman, Dan Shadle, Frank Carroll, and Michael Deakin Staff Present: Jacquelyn Reyff and Dakari Hill 1. APPROVAL OF MINUTES 1a Board member Deakin made a motion to approve the March 9, 2021 minutes. Board member Vallario seconded the motion. The motion was carried by the following vote: Aye: 5 – Vallario, Kamerman, Shadle, Carroll, and Deakin Nay: 0 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to the provisions of Section 7-150, Permanent Freestanding Signs – Sign Classification & Regulations of the Land Development Code, specifically, the minimum setback requirements, on Lot 1R, Colleyville Presbyterian Church, located at 715 Cheek- Sparger Road, Case SC21-003 Jacquelyn Reyff presented the case and briefed the Board. Staff answered questions of the Board regarding the Board’s approval being contingent on City Council’s determination. The applicant, Patrick Webb, 715 Cheek-Sparger Road, Colleyville, TX came forward and briefed the Board. The applicant expressed to the Board that the sign’s placement was Sign Board of Appeals Minutes November 9, 2021 City of Colleyville Page 2 necessary in order to promote the church, differentiate the church from the neighboring school, and provide a more aesthetically pleasing location. The public hearing was opened at 7:13 p.m. Reverend Josh Anderson, 1324 Kathryn Street, Hurst, TX came forward and spoke in support of the case. Rev. Anderson expressed that a sign was necessary in order to differentiate the church from the neighboring school. With no one wishing to speak, the public hearing was closed at 7:15 p.m. Staff answered questions of the Board regarding potential public safety concerns. Board member Shadle made a motion to approve Case SC21- 003. Board member Deakin seconded the motion. The motion was carried by the following vote: Aye: 5 – Vallario, Kamerman, Shadle, Carroll, and Deakin Nay: 0 3. ADJOURNMENT The meeting adjourned at 7:17 p.m. The minutes were written and prepared by: Dakari Hill Planning Technician The meeting minutes were approved on December 14, 2021 by a vote of 5-0. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, November 22, 2021 Executive Conference Room CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission Worksession Meeting was called to order by Chair Bevill on November 22, 2021, at 6:15 p.m. Roll Call Present: David Groves, Lawrence Williamson, Claudia Bevill, and George Bond Absent: Sayeda Syed and Tim Raine Staff Present: Ben Bryner, Jacquelyn Reyff, Rob McKeown, and Dakari Hill Chair Bevill made a general announcement regarding the resignation by Commissioner Matt Koch from the Planning and Zoning Commission. 2. WORKSESSION AGENDA ITMES 2a Presentation and discussion of a Replat with a Plat Waiver for Lot Area and Lot Width for Lot 1, Block 1, Panno Brothers Addition, being Lot 7C, 7D1, and 7D1B, Block 1, Pleasant Oaks Estates Addition, located at 808 Beverly Drive, Case PC21-017 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the disparity between the proposed lot area and width and the required lot area and width, other options besides granting a plat waivers, and the reason to maintain the current zoning. 2b Presentation and discussion of a Special Use Permit for a Residential Carport on Lot 31, Block 1, Wescoat Place Addition, located at 5916 LD Lockett Road, Case ZC21-029 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding an existing garage on the property and the location of the proposed carport. 2c Presentation and discussion of a Special Use Permit for a Massage Therapy use on a portion of Lot 18, Village at Colleyville Condos, located Planning and Zoning Commission Minutes November 22, 2021 City of Colleyville Page 2 at 97 Village Lane, Suite 100, Case ZC21-030 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the business the Special Use Permit would be linked to and proof of insurance for the proposed business. 2d Presentation and discussion of a zoning change from AG Agricultural to R-40 Single Family Residential zoning district for Lot 1, Block 1, Howard Place Addition, located at 6113 Bransford Road, Suite 140, Case ZC21- 031 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the addition being made to the property as a result of the zoning change. 2e Presentation and discussion of a Special Use Permit for an accessory building to be closer than permitted on Lot 6, Block 1, The Overlook at Big Bear Creek, located at 405 Forest Meadow Drive, Case ZC21-032 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the disparity between the structure’s current position in relation to the property and the required distance of an accessory structure in relation to a property line, when the violation was discovered, and previous precedent in similar cases. 2f Presentation and discussion of a Special Use Permit for Alcoholic Beverage Sales for On-Premise Consumption on a portion of Lot 48, Village at Colleyville Condos, located at 16 Village Lane, Suite 150, Case ZC21-033 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the parking pertained to the proposed business and the required ratio of food to drink in the zoning district the business will be located. 2g Presentation and discussion of a zoning change from AG Agricultural to R-40 Single Family Residential zoning district for Tract 1, Abstract 798, Joseph H. Harrell Survey, located at 715 Murphy Road, Case ZC21-034 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the potential demolition of an existing home as a result of the proposed zoning change. 3. AJOURMENT The meeting adjourned at 6:47 p.m. Planning and Zoning Commission Minutes November 22, 2021 City of Colleyville Page 3 The minutes were written and prepared by: Dakari Hill Planning Technician The meeting minutes were approved on December 13, 2021 by a vote of 5-0. RESOLUTION R-21-4684 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 21, 2021 WHEREAS, City Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 21ST DAY OF DECEMBER 2021. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Chuck Kelley Place 6, Callie Rigney ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor SPEAKER CARD Date: �:��'� � � 2 Agenda Item Number: / Item must be completed! For example: 5a �this can be f�...,,� .._ .,_ _ Do you have special technolo � ---- �" `••`� � enva co or tablet, durin 9Y needs such as loading photos, connecting a laptop g your time to speak? Yes -' No ��� I will speak In Support of this item. I will speak In Opposition to this item. I do nOt W�S�speak, but please record my: su f/ Name: _� l,f,�'- � na% , Pport opposition Address: re_ — City:C�,� �,���� /� I understand I am /imifed to speaking for f�e minutes, For agenda items not /isted on the agenda as a Pub/ic Hearing, City Counci/ cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapte� 551 of the T under the Citiz s Comments �as Loca/ Govemment Code, This inc/udes persons speaking M�°� af the agenda, Signed: '�,���`-��.,/% •� � �uo�ic xecord ✓ SPEAKER CARD Date: /J.-2� �.l d Agenda item Number: �%/� �— Item must be completed! For example: 5a (this can be found on the far /eft side of the aaenda copv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No �v�'�I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition 1 � . 9 � � Name Address: .-��`// • �i n�f'1 �rp City: ( Ci'%�?-���ill.� I understand I am limited to speaking for Fve minutes, For agenda items not /isted on the agenda as a Pub/ic Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code, This inc/udes persons speaking under the Citizen's Comments section oi the agenda. � - . /r/L����i�_L _t_ a���� information is a Pub/ic Record . . ., �._ � _� nate: / � .�1--� � Agenda item Number: ���— Item must be completed! For example: 5a (this can be found on fhe far /eft side of the agenda copyl Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. �LI will speak In Opposition to this item. I do Name but piease record my: support opposition � V Address: �UT 11� � � ���� �_� City: � �-C"� t✓� ('� I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Pu6/ic Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Teacas Local Government Code. This includes persons speaking under tBe Citiz�n's Commentsasection of the agenda, Signed: — �'�` � '_`,�- This information is a Pub/ic Record