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HomeMy WebLinkAboutCity Council-Agenda Packets-7/6/2023 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 THURSDAY, JULY 6, 2023 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of a Contract for Heroes Park Construction Documents WS-2 Discussion of the July 6, 2023, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities • Right-of-Way Acquisition - John McCain Road and Culvert Project 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 7:00 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dale Molden, CrossCreek Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda July 6, 2023 City of Colleyville Page 2 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4856 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23- 4857 4a Approval of the minutes of the regular City Council meeting of June 20, 2023 4b Approval of the Third Amended Agreement Memorandum of Understanding for the Combined Reconstruction and Accident Specialists, (CRASH) Unit 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-23-2245 Consideration of a Special Use Permit for a reduction in parking for the property being Lot 1, Block 1, of the Corley subdivision, located at 5409 Colleyville Boulevard ZC23-012 6. CITIZEN COMMENTS 7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THURSDAY, JULY 6, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4858 8. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 30, 2023 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this City Council Agenda July 6, 2023 City of Colleyville Page 3 meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number WS-1 Agenda Date 7/6/2023 Type Worksession Department City Manager Title Discussion of a Contract for Heroes Park Construction Documents Explanation This agenda item provides for a discussion of a contract with Freese and Nichols, Inc. to prepare construction documents for Heroes Park. Attachments 1. Heroes Park Presentation Heroes Park Contract for Construction Documents City Council Worksession July 6, 2023 Heroes Park Conceptual Plan Heroes Park Conceptual Plan Heroes Park Conceptual Plan Heroes Park OPCC Site Preparation & Grading $ 389,000 Heroes Plaza $1,818,200 Event Space $1,436,500 New Roadway & Transportation Work $247,000 Other Allowances $1,180,000 Total Construction $5,070,700 A/E Design & Owner’s Fee (15%)$760,600 Project Total (2023 Fall Cost)$5,831,300 Project Total (2024 Fall Cost)$6,414,500 Project Total (2025 Fall Cost)$7,056,000 * The project total cost DOES NOT include: •Graphic design & word design of tall memorial wall, low heroes wall and low history wall •Design of bronze statues and eternal flame sculpture Construction Document Prep *Assumes project cost of $6.5M (Fall 2024) Basic Services for CDs are 8.3% of project cost If Special Services are included (mostly sub-consultants), Total CDs are 12% of project cost Construction Document Prep FNI Contract Highlights: •Worksessions with Council at 30%, 60%, and 90/100% of design •Ability to stop work and pay only for work to- date (% of completion) •Up to 3 Public Open Houses •All construction documents •Design for A/V, water feature, and graphics (hero recognition and historical text) •Complete bid package and bid review •Construction Admin assistance to ensure compliance with design intent City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number WS-2 Agenda Date 7/6/2023 Type Worksession Department City Secretary Title Discussion of the July 6, 2023, City Council regular agenda items Explanation Attachments City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 1 Agenda Date 7/6/2023 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities • Right-of-Way Acquisition - John McCain Road and Culvert Project 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-23-4856 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 6, 2023 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 6TH DAY OF JULY 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor RESOLUTION R-23-4857 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 6, 2023 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 June 20, 2023 b. Approval of the Third Amended Agreement Memorandum of Understanding for the Combined Reconstruction and Accident Specialist (CRASH Unit) AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS ON THIS THE 6TH DAY OF JULY 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL MINUTES 100 Main Street, Colleyville, Texas, 76034 TUESDAY, JUNE 20, 2023 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, June 20, 2023, at 5:32 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Assistant Police Chief Hillary Wreay, Fire Chief Mark Cantrell, Finance Director Kyle Lester, City Engineer Larry Wright, Colleyville Center/Business Center Manager Chelsea Rose, Community Development Director Ben Bryner, Public Works Director Amber Beard, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Preliminary budget review Finance Director Kyle Lester gave a five year historical overview of the budget, tax rate, the focus areas of the FY24 budget, and reviewed the May value estimates. Director Lester provided background on City funds and how they are used, reviewed the general, utility, debt and operating funds projections. There was also general discussion of agency agreements. WS-2 Discussion and update on economic development Colleyville Center/Business Center Manager Chelsea Rose provided an economic development update which included the gift card program, current occupancy rates, and B.ES.T. Grant usage. Manager Rose noted economic development projects which are on-going and include the Colleyville Business Center, beautification, especially along Colleyville Boulevard, the progress on new businesses to include Shipley, Green Curtis Daley CPA, HTeaO, and the southern gateway property. She also reviewed the new businesses which are open or soon to open to include The Drip Bar, Volofit, Body 20, Whimsy Floral, The Brunch District, Temple Coffee, and Marshall Grain. WS-3 Discussion of nominating a councilmember to serve on the North Central Texas Council of Governments Emergency Preparedness Planning Council The City Council nominated Mayor Pro Tem Rigney to serve the NCTCOG Emergency Preparedness Planning Council. City Council Agenda June 20, 2023 City of Colleyville Page 2 WS-4 Discussion of the June 20, 2023, City Council regular agenda items Mayor Lindamood stated he was going to move to item 7a after the Financial Report, before returning to consider the ordinances on this agenda. Mayor Lindamood adjourned the Worksession and called the Executive Session to order at 6:26 p.m. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Discussion of wages and benefits 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 Lindamood adjourned Executive Session at 7:06 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:15 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda June 20, 2023 City of Colleyville Page 3 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4852 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council made announcements regarding City and community events. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4853 4a Approval of the minutes of the regular City Council meeting of June 6, 2023 4b Approval of the renewal for medical insurance and award of dental insurance to BlueCross BlueShield of Texas, and authorizing the City Manager to execute the agreements 4c Consideration of a Right-of-Way Encroachment and Joint Use Agreement for a permanent freestanding monument sign to be located within the right-of- way at 901 Cheek-Sparger Road 4d Approval of the FY2024 fleet replacement schedule Mayor Lindamood read Resolution R-23-4853 in its entirety. Human Resources Director Jesse Perez presented item 4b, explaining the process undertaken by the City and the City’s benefits broker. Director Perez stated it is the recommendation of the broker and staff to renew with BCBSTX with the same plan designs with a 15.3% increase which includes the discount to package both medical and dental plans as well as a one-time $36,000 credit and renew with BCBSTX with the same plan design with a rate pass on premiums. City Engineer Larry Wright presented item 4c noting the applicant’s request was to encroach into the right-of-way of Cheek-Sparger Road approximately 23 feet, placing the sign approximately 15 feet from the edge of the street and into the Cheek- Sparger Road right-of-way. He noted the Sign Board of Appeals approved the request, but approval is contingent on the City Council’s approval of the right-of-way encroachment agreement. All of the franchise utility companies have approved the Right-of-Way Encroachment and Joint Use Agreement. Applicant Lynn Burel was present. City Manager Jerry Ducay asked Mr. Burel to landscape around the sign and Mr. Burel agreed. City Council Agenda June 20, 2023 City of Colleyville Page 4 Assistant City Manager Adrienne Lothery presented item 4d noting the replacement plan for FY2024 includes the sale of 15 vehicles and the purchase of 18 vehicles through the Enterprise Fleet Management program. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive North, spoke regarding items 4c and 4d. There were no others wishing to speak and the public hearing was closed. Councilmember Elder made a motion to approve Resolution R-23-4853, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - May 2023 Finance Director Kyle Lester presented the May Financial Report, noting sales showed an increase of 2.5% over last year. He then gave an overview of each fund. At 8:07 p.m. Mayor Lindamood moved to agenda item 7a, before returning to 6a at 8:11 p.m. Councilmember Scotty Richardson advised Mayor Lindamood he would abstain from voting on Ordinance O-23-2241 and Ordinance O-23-2242 as he was serving the Planning and Zoning Commission when the noted items were brought forward. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-23-2241 Consideration of a Special Use Permit for a commercial accessory building on Lots 10 and 11, Block 1, Thompson Terraces Subdivision, located at 5100 Thompson Terrace, Case ZC23-008 Mayor Lindamood read the caption of Ordinance O-23-2241. Community Development Director Ben Bryner presented this item which is a request by the business known as Modern Geosciences for an SUP to construct a new 1,800 square foot detached accessory building to house the company vehicles and specialized equipment. City Council Agenda June 20, 2023 City of Colleyville Page 5 Mayor Pro Tem Rigney asked which picture in the exhibit is correct. Director Bryner noted the lower depiction in exhibit C is correct. Mayor Lindamood opened and closed the public hearing without speakers. Councilmember Bond made a motion to approve Ordinance O-23-2241, with the amendment Exhibit C be corrected to indicate the correct drawing, seconded by Councilmember Elder. The motion was approved by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Graves, and Kelley. Abstain: 1 – Councilmember Richardson 6b Ordinance O-23-2242 Consideration of a Special Use Permit to allow for an Auto Repair Shop, for Lot 1B1, Block 3, Village Park Addition, located at 700 Glade Road, Case ZC23-011 Mayor Lindamood read the caption of Ordinance O-23-2242. Community Development Director Ben Bryner stated this is a request to allow an SUP for an auto repair shop in a current building which was previously City Garage. Director Bryner stated the applicant has stated hours of operation will be Monday- Friday 8 a.m. to 6 p.m. and Saturday 8 a.m. to 5:00 p.m. Additionally, the applicant has committed reducing the number of wall signs to one above the entryway; removing the current monument sign and constructing a new monument sign setback back further on the property with landscaping; painting the outside of the building in earth tones, installing a new awning over the entryway, removing the overgrown landscaping along the fence line; and adding bushes and flowering shrubs near the driveway entrance. Mayor Lindamood opened and closed the public hearing without speakers. Councilmember Bond made a motion to approve Ordinance O-23-2241, with the amendment Exhibit C be corrected to indicate the correct drawing, seconded by Councilmember Elder. The motion was approved by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Graves, and Kelley. City Council Agenda June 20, 2023 City of Colleyville Page 6 Abstain: 1 – Councilmember Richardson 6c Ordinance O-23-2243 Consideration of a zoning change from AG Agricultural to R-30 Single Family Residential zoning district for Tract 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey, located at 2417 Wilkes Drive, Case ZC23-009 Mayor Lindamood read the caption of Ordinance O-23-2243. Mayor Lindamood noted this item requires a super majority vote. Community Development Director Ben Bryner presented this item and reviewed the design plan. The City Council stated they have concern with this development. Applicant Curtis Young stated he is aware this item will not receive super majority and the Council may move on to the next. Mayor Lindamood opened the public hearing. Speaking in opposition were Tim Waterworth, 6808 Rockbrook, Bryce Stone, 6802 Rockbrook Court, Jackie Cutipa, 3513 Blue Quail Lane, Anne Dyson, 9009 Dogwood, and Kathy Hadley, 204 Timberline Drive North. Mayor Lindamood closed the public hearing. Councilmember Kelley made a motion to deny Ordinance O-23-2243, seconded by Mayor Pro Tem Rigney. The motion to deny Ordinance O-23-2243 was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. 6d Ordinance O-23-2244 Consideration of a zoning change from AG Agricultural and RE Single Family 'Estate' Residential PUD-R to Planned Unit Development - Residential zoning district for Tract 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900 Pool Road, Case ZC23-010 Mayor Lindamood read the caption of Ordinance O-23-2244. There was no staff presentation. Applicant Curtis Young presented this item and answered questions of the City Council. City Council Agenda June 20, 2023 City of Colleyville Page 7 City Council discussed their concerns with zoning, tree preservation, number of lots, open space, and road design. Mayor Lindamood declared a recess to allow the City Council to convene in Executive Session at 9:19 p.m. The meeting was reconvened at 9:47 p.m. Following further discussion with the applicant, Mayor Lindamood opened the public hearing. Speaking in opposition were Sam Hearn, 2409 Wilkes Drive, Kathy Hadley, 204 Timberline Drive North, Sue Reed, 2512 Independence Road, Michael Farrell, 2504 Twelve Oaks, Dee Kelley, 705 Hillside, and Tracy Hearne 6008 Colts Neck Drive. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Pro Tem Rigney made a motion to deny without prejudice, Ordinance O-23-2244, seconded by Councilmember Kelley. The motion to deny Ordinance O-23-2244 without prejudice, was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. At 8:07 p.m. Mayor Lindamood moved to agenda item 7a, before returning to 6a at 8:11 p.m. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-23-4854 Approving support of the City of Colleyville 2024 Active Transportation Plan and requests for funding through the Transportation Alternatives Set-Aside (TA) Program Mayor Lindamood read Resolution R-23-4854 in its entirety. Public Works Director Amber Beard presented this item and stated this approval commits the City to funding if a project under the grant is approved. Mayor Lindamood opened and closed the public hearing without speakers. Mayor Pro Tem Rigney made a motion to approve Resolution R-23-4854, seconded by Councilmember Richardson. City Council Agenda June 20, 2023 City of Colleyville Page 8 The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. 8. CITIZEN COMMENTS • Mike Ferrell, 2504 Twelve Oaks – questions regarding The Bluffs. • David Dudziak, 2301 Wilkes Court – West Nile test results and notification. • Sayeda Syed, 6705 Sapphire Circle – traffic at SH26 and Brown Trail. • Dee Kelley, 705 Hillside – increase tree preservation in the Comprehensive Code. 9. REPORTS Library Board Minutes - April 10, 2023 Planning and Zoning Commission Minutes - May 8, 2023 Planning and Zoning Commission Worksession Minutes - May 22, 2023 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 20, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23- 4855 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 10:21 p.m. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 6TH DAY OF JULY 2023. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 4b Agenda Date 7/6/2023 Number Type Resolution Department Police Title Approval of the Third Amended Agreement Memorandum of Understanding for the Combined Reconstruction and Accident Specialists, (CRASH) Unit Explanation Reading and Public Hearing The cities of Bedford, Colleyville, Euless, Hurst, and Grapevine participate in a Memorandum of Understanding which established a shared motor vehicle accident investigation unit called the Combined Reconstruction and Accident Specialists (CRASH Unit). The CRASH Unit MOU greatly reduces the cost of each city having to secure a specialized motor vehicle accident unit on their own, while also saving time and manpower. The second amendment was passed and approved in 2014. This item seeks approval for the third amendment to the agreement which outlines the duties and responsibilities of each city, and allows the City of Coppell to join the unit and share the costs, duties, and responsibilities. The cities of Bedford, Grapevine, and Coppell have already approved the MOU Amendment and Colleyville, Hurst, and Euless are anticipating approval at their next meetings. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1. Second Amended Agreement 2014 - C.R.A.S.H. Unit 2. Third Amended Agreement - C.R.A.S.H. Unit City of Colleyville Page 2 City Council Agenda Briefing 4b City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5a Agenda Date 7/6/2023 Number Ordinance O-23-2245 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for a reduction in parking for the property being Lot 1, Block 1, of the Corley subdivision, located at 5409 Colleyville Boulevard ZC23- 012 Explanation First Reading and Public Hearing Sptim Miftari, of the Cajun Bistro Café & Market, has submitted a request for a Special Use Permit (SUP) to allow for a reduction in parking at 5409 Colleyville Boulevard. A reduction in parking is allowed in the CC-2 Shopping Center district with the approval of an SUP. Existing Conditions/Background: The subject property is zoned CC-2 and generally located on the east side of Colleyville Boulevard, south of Hall-Johnson Road near the intersection 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." Analysis: The applicant is requesting an SUP for a reduction in parking. The parking ratio for a fish market is one space per 200 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 Bistro Café & Market is 16 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 Bistro Café & Market and the adjacent bank will allow the cafe 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. City of Colleyville Page 2 City Council Agenda Briefing 5a Plat Status: The property is platted as Lot 1, Block 1, of the Corley Subdivision. DRC Review: The DRC reviewed the request during their May 22, 2023 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 “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 June 12, 2023 meeting by a vote of 5-0. Recommendation None Attachments 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Site Plan 5. Parking Agreement 1 6. Parking Agreement 2 7. Notification List 8. Notification Letter 9. Notification Map 10. Ordinance O-23-2245 HALL JOHNSON RD PLEASANT RUN RDRIVERWALKDRCOLLEYVILLE BLVDMAIN ST COLLEYVILLE BLVDCH U R C H S T HALLJOHNSON RDH IDDENOAKSD R BLUEBONNET DRNUECES CT CHERRY LN ROYAL LN KINGSWOOD LN HIDDEN OAKS CT DOGWOOD CT Subject Property 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. ZC23-012 5409 Colleyville Blvd Aerial Map HALL JOHNSON RD PLEASANT RUN RDRIVERWALKDRCOLLEYVILLE BLVDMA I N S T COLLEYVILLE BLVDCH U R C H S T HALL JOHNSON RDH IDDENOAKSD R BLUEBONNET DRNUECES CT ROYAL LN KINGSWOOD LN HID DEN OAK S CT DOGWOOD CT R-20 CN AG CC-1CC-1 AG CPO CC-1 PUD-R CC-1 PUD-C PUD-C CN CC-1 PUD-R R-30 PUD-C R-20 CC-1 R-20 CC-2 CC-2 AG RE CC-1 PUD-R AG PUD-C R-40 AG Subject Property 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. ZC23-012 5409 Colleyville Blvd Zoning Map HALL JOHNSON RD PLEASANT RUN RDRIVERWALKDRCOLLEYVILLE BLVDMAIN ST COLLEYVILLE BLVDCH U R C H S T HALLJOHNSON RDH IDDENOAKSD R BLUEBONNET DRNUECES CT CHERRY LN ROYAL LN KINGSWOOD LN HIDDEN OAKS CT DOGWOOD CT Residential Institutional Colleyville Blvd Corridor Open Space; Parks Water Body Subject Property 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. ZC23-012 5409 Colleyville Blvd Future Land Use Map 1 OBJECTID Owner Name 1 EAGLE-COLLEYVILLE TOWNE SQUARE 3 CHARLES & ROB LTD 5 BAJRAM & RUZDI INVESTMENTS LLC 6 DEDIEGO FAMILY TRUST 7 BAJRAM & RUZDI INVESTMENTS LLC 8 R P GANTOS VENTURES LLC 9 JD JUDD REALTY HOLDINGS LLC 10 BRADY, LIBBY W 11 5520 COLLEYVILLE LLC 13 SVAP III TC COLLEYVILLE LLC 14 MDC COAST 7 LLC 15 CHIVAKULA, LAKSHMI 16 FIRST BAPTIST CH COLLEYVILLE 17 GII SHP EBSW DFW LLC 18 LAUKIEN, DIRK D 19 BRANCH BANKING & TRUST CO 20 C & S SKY BLUE CORPORATION 21 HIDDEN OAKS ESTATES 22 GRAPEVINE COLLEYVILLE ISD 23 CAVALIER INVESTMENT COMPANY INC 2 Owner Address PO BOX 12670 8235 DOUGLAS AVE STE 815 4701 MILL CREEK RD 4381 MORRIS DR 4701 MILL CREEK RD 7213 COTTONWOOD CT 1109 CHURCH ST 5405 COLLEYVILLE BLVD 1401 FOUNTAIN GROVE PKWY # M117 302 DATURA ST STE 100 11995 EL CAMINO REAL 4104 CHARBRAY CT 5405 PLEASANT RUN RD 707 WESTCHESTER AVE SUITE 401 24 WATERWAY AVE STE 225 PO BOX 167 3051 IRA E WOODS AVE 5829 N MESA ST 3 Owner City DALLAS, TX DALLAS, TX COLLEYVILLE, TX SOQUEL, CA COLLEYVILLE, TX NORTH RICHLAND HILLS, TX COLLEYVILLE, TX COLLEYVILLE, TX SANTA ROSA, CA WEST PALM BEACH, FL SAN DIEGO, CA CEDAR PARK, TX COLLEYVILLE, TX WEST HARRISON, NY SPRING, TX WINSTON SALEM, NC COLLEYVILLE ,TX GRAPEVINE, TX EL PASO, TX 4 Owner Zip Situs Address 75225 5600 COLLEYVILLE BLVD 75225 5601 COLLEYVILLE BLVD 76034 5311 COLLEYVILLE BLVD 95073 5510 COLLEYVILLE BLVD 76034 5309 COLLEYVILLE BLVD 76182 5413 COLLEYVILLE BLVD 76034 1109 CHURCH ST 76034 5401 COLLEYVILLE BLVD 95403 5520 COLLEYVILLE BLVD 33401 5605 COLLEYVILLE BLVD 92130 1221 CHURCH ST 78613 5601 HIDDEN OAKS DR 76034 5300 COLLEYVILLE BLVD 10604 5500 COLLEYVILLE BLVD 77380 1205 CHURCH ST 27102 1201 CHURCH ST 5307 COLLEYVILLE BLVD 76034 COURTESY NOTICE 76051 3051 IRA E WOODS AVE 79912 5501 COLLEYVILLE BLVD NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, June 12, 2023 at 7:00 p.m. City Council Meetings: Tuesday, July 6, 2023 & Tuesday, July 18, 2023 at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for a reduction in parking. The purpose is to allow for the business, Cajun Bistro Café and Market, to operate as a restaurant. Zoning Case:ZC23-012 Applicant:Sptim Mifari Owner: Russel Gantos Location:5409 Colleyville Boulevard Property Description:Lot 1, Block 1, Corley Subdivision Present Zoning:CC-2 Shopping Center District This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com 1005 5405 5509 908 16 17 5709 5707 5600 5645 14 1501 1500 5124 5209 5601 5150 1004 1009 5611 1003 5312 1007 5701 5121 5405 1005 5603 5319 5700 5655 5501 5201 5703 1008 5311 5705 5201 1000 5505 5309 5510 5665 5109 1501 1007 1211909 1003 5317 5609 5309 5313 5705 5120 5605 5209 5707 5609 5204 5217 5204 5701 1109 5121 1000 5305 1007 5301 5401 5125 5199 908 5301 51125113 5606 14121200 5201 5520 5108 5200 5505 5605 5708 1006 5607 5200 5301 1221 1001 1513 5601 5300 5500 5611 5701 5609 5201 1105 5703 5695 1008 1205 5615 909 1213 1201 1104 5205 5232 1001 5112 1215 5307 MA I N S T COLLEYVILLE BLVDCOLLEYVILLE BLVDHALL JOHNSON RD RIVERWALKDRCH U R C H S T PROFESSIONAL CT HALL JOHNSON RD ROYAL LN BLUEBONNET DRH I D D E N OAKSDRKINGSWOOD LN NUECES CTMISSIONLNHIDDENOAKSCT Parcels to be notified Buffer Subject Property 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. ZC23-012 5409 Colleyville Blvd Notification Map ORDINANCE O-23-2245 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 Cajun Bistro Café & Market, Case No. ZC23-012; 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 that 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 Cajun Bistro Café & Market as depicted on the attached as Exhibit “A”. Ordinance O-23-2245 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 “Cajun Bistro Café & Market”. c. Exhibit C - “Shared Parking Agreements” shall apply. The Special Use Permit shall automatically expire if an agreement is terminated. d. 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. e. 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-23-2245 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 6th day of July 2023. The second reading and public hearing being conducted on the 18th day of July 2023. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 18TH DAY OF JULY 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood 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 RESOLUTION R-23-4858 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF JULY 6, 2023 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 6TH DAY OF JULY 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor