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City Council


NOTICE OF MEETING

 
REGULAR AND EXECUTIVE SESSION AGENDA
City Council
6:00 PM – Tuesday, July 25, 2023
Weatherford City Hall, City Council Chambers
303 Palo Pinto Street, Weatherford, TX


Paul Paschall, Mayor
Heidi Wilder, Place 1, Mayor Pro Tem
Zack Smith, Place 2
Matt Ticzkus, Place 3
Kevin Cleveland, Place 4
James Hotopp, City Manager
Brad Burnett, Assistant City Manager
Lance Arnold, Assistant City Manager
Rob Allibon, TOASE, City Attorney
Andrea McDonald, City Secretary

   In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Weatherford City Hall, distributed to the appropriate news media, and posted on the City website at http://www.weatherfordtx.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Weatherford website at www.weatherfordtx.gov/agendas. All meetings of the Weatherford City Council, Municipal Utility Board, and other boards/commissions/committees of the City of Weatherford are open to the public. Public participation and written comments are invited on all open session business items.
   The Mayor/Chair requests that all electronic devices be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation. Weatherford City Hall is wheelchair accessible and special parking is available on the south side of the building. If special accommodations are required please contact the City Secretary at 817-­598-­4202 a minimum of 24 hours in advance.
   The City Council, Municipal Utility Board, and other boards/commissions/committees of the City of Weatherford, as allowed, reserve the right to enter into Executive Session at any time during the course of this meeting to seek legal advice from the City Attorney on any posted agenda item as authorized by Texas Government Code, Chapter 551.071.
   Unless a Work Session Agenda, or otherwise indicated, action may be taken on any of the following agenda items.

 

 
1.
INVOCATION
 

 

 
2.
CALL TO ORDER & ANNOUNCEMENT OF A QUORUM
 

 

 
3.
PLEDGES OF ALLEGIANCE TO THE UNITED STATES & TEXAS FLAGS
 

 

 
4.
ITEMS OF COMMUNITY INTEREST
 
Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the City Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming City Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety.

 

 
5.
APPROVAL OF THE MINUTES
 
 
 
 
 
5.a.

Consider approval of the minutes of the City Council Regular Session held June 27, 2023.


(Andrea McDonald, City Secretary)

 

 
6.
CONSENT AGENDA ITEMS
 

All of the Consent Agenda Items are considered to be routine and self-explanatory and will be enacted with one motion. There will be no separate consideration of these items unless the Council or Board removes the item from Consent.

 
 
 
 
6.a.
Consider acceptance of the FY23 3rd Quarter Investment Report for quarter ended June 30, 2023.
(Dawn Brooks, Director of Finance)
Suggested Action: Staff recommends acceptance of the report.
 
 
 
 
 
 
 
6.c.
Consider approval of a final plat for Santana Ridge Phase 2, being 61 residential lots on approximately 127.274 acres located along Dennis Road, in the extraterritorial jurisdiction of the City of Weatherford, Parker County, Texas. SBD2023-0022.
(Kaleb Kentner, Director of Development and Neighborhood Services)
Suggested Action:

Staff recommends approval of the FINAL plat, subject to the following conditions. 

 

 

1. Public improvements are required to be accepted before the final plat is recorded (Reference Weatherford Municipal Code (WMC) §11-5-9(c)(1)). A surety as required by Parker County will be required to record the plat prior to acceptance of public improvements (Reference Weatherford Municipal Code (WMC) §11-5-9(c)(2)). While the roadways are private, they act as a public infrastructure. Roadways and drainage improvements are required to be in place before the plat is recorded.

 

2. Provide a letter sealed by the surveyor confirming that all required monuments have been set (Reference Weatherford Municipal Code (WMC) §11-5-9(d)). This letter is required prior to the final plat being recorded.

 

3. Page 2 and page 1 on the final plat shall be combined. 

 

 

At their July 12, 2023, regular meeting, the Planning and Zoning Commission voted (5-0) to recommend approval of the final plat subject to conditions.

 
 
 
 
6.d.
Consider a request for preliminary plat approval for Branch Creek, being 114 residential lots out of a 42.181-acre tract located along Tin Top Road, said tract being situated J. Beverly Survey Abstract No. 74, J. Hart Survey Abstract No. 592, J. Beverly Survey Abstract No. 175, City of Weatherford, Parker County, Texas. SBD2023-0023.
(Kaleb Kentner, Director of Development and Neighborhood Services)
Suggested Action:

Staff recommends approval of the preliminary plat, subject to the following conditions: 

 

 

1. The preliminary plat should consist of a single document containing existing and proposed conditions sheets (Reference Weatherford Municipal Code (WMC) §11-4-3(d)).

 

 

2. Show and label the proposed street pavement width on the proposed conditions sheet (Reference Weatherford Municipal Code (WMC) §11-4-4(b)).

 

 

3. Show and label the proposed street pavement width on the proposed conditions sheet (Reference Weatherford Municipal Code (WMC) §11-4-4(b)).

 

 

4. Show areas contributing drainage to the proposed subdivision. The information shall include the area, slope, and type of development in the contributing drainage (Reference Weatherford Municipal Code (WMC) §11-4-4(h)).

 

 

5. Identify the right of way width of Tin Top Road (Reference Weatherford Municipal Code (WMC) §11-4-5(a)).

 

 

6. If the existing Tin Top right of way is less than 90’, dedication is required (Reference Weatherford Municipal Code (WMC) §11-6-2(c)).

 

 

At their July 12, 2023, regular meeting, the Planning and Zoning Commission voted (5-0) to recommend approval of the preliminary plat subject to conditions.

 

 
 
 
 
6.e.
Consider a request for final plat approval for Branch Creek, being 114 residential lots out of a 42.181-acre tract located along Tin Top Road, said tract being part of the J. Beverly Survey Abstract No. 74, J. Hart Survey Abstract No. 592, and J. Beverly Survey Abstract No. 175, City of Weatherford, Parker County, Texas. SBD2023-0024.
(Kaleb Kentner, Director of Development and Neighborhood Services)
Suggested Action:

Staff recommends approval of the final plat, subject to the following conditions: 

 

1. Indicate the easement for the proposed lift station as required by the Agreement for Wastewater Facilities Branch Creek (Refer to WMC §11-5-2(m)).

 

 

2. Identify and provide dimensions for the existing Tin Top Road right-of-way (Refer to WMC §11-5-2(m)). If the existing Tin Top right-of-way is less than 90’, dedication is required (Refer to WMC §11-6-2(c)).

 

 

3. Any required off-site easements are required to be recorded prior to approval of the final plat. Show recording information for off-site easements on the plat (Refer to WMC §11-5-2(m)).

 

 

4. Provide an executed homeowner’s association agreement verifying ownership and maintenance responsibility for common areas (Refer to WMC §11-5-3(d)).

 

 

5. An approved preliminary plat is required before the final plat can be approved (Refer to WMC §11-5-4(b)).

 

 

6. Public improvements are required to be accepted before the final plat is recorded (Refer to WMC §11-5-9(c)(1)). A subdivision improvement agreement and surety are required to record the plat prior to acceptance of public improvements (Refer to WMC §11-5-9(c)(2)).

 

 

7. Provide a letter sealed by the surveyor confirming that all required markers and monuments have been set (Refer to WMC §11-5-9(d)).

 

 

8. All portions of the flood plain are required to be within a drainage easement (Refer to EDCM §1.8.8.F).

 

 

9. Additional easements and/or a revised layout may be necessary upon review of the civil plans.

 

 

At their July 12, 2023, regular meeting, the Planning and Zoning Commission voted (5-0) to recommend approval of the final plat subject to conditions.

 
 
 

 

 
7.
PUBLIC HEARINGS
 
 
 
 
 
 
 
 
7.b.
Hold a PUBLIC HEARING and consider adoption of Ordinance O2023-23 concerning a request for a conditional use permit regarding non-rental Accessory Dwelling Unit/Security Guard Residence use on a 6.684-acre tract of land located at 235 Valley Lane, City of Weatherford, Parker County, Texas. CUP2023-0006.
(Kaleb Kentner, Director of Development & Neighborhood Services)
Suggested Action:

Staff recommends approval subject to the following conditions which must be met.  At their July 12th, 2023, regularly scheduled meeting, the Planning & Zoning Commission voted unanimously (5-0) to recommend approval of the conditional use permit request, subject to the conditions as recommended by staff.

 

 

1. All permitting, associated review processes, approvals and inspections are required.

 

 

2. Minimum Parking regulations as outline in Section 12-4-105 of the Title XII Zoning ordinance shall apply and be reviewed during the permitting process.

 

 

3. Accessory Dwelling Unit and Accessory Structure subject to compliance with standards of Section 12-5-102 of the Title XII Zoning Ordinance.

 

 

4. This conditional use permit will be void if construction is not completed within 18 months.

 
 
 
 
7.c.
Hold a PUBLIC HEARING and consider adoption of Ordinance O2023-26 concerning a request for a general plan and zoning map amendment from AG Agricultural to C3 Heavy Commercial on a 1.64-acre tract being Lot 2, Block 1 of Diamond Ridge Ranch, located at 3101 West I-20, City of Weatherford, Parker County, Texas. ZCH2023-0007.
(Kaleb Kentner, Director of Development & Neighborhood Services)
Suggested Action:

Staff recommends approval of the general plan and zoning map amendment.  At their July 12th, 2023, regularly scheduled meeting, the Planning & Zoning Commission voted unanimously (5-0) to recommend approval of the request.

 
 
 
 
7.d.
Hold a PUBLIC HEARING and consider adoption of Ordinance O2023-25 concerning a request for a zoning map amendment from AG Agricultural, C1 General Commercial, and PD Planned Development to C2 General Commercial with a conditional use permit for Recreational Vehicle (RV) Display or Sales - new or used, or repair use for Holiday World RV, on a 26.31-acre tract located in the LP Duncan Survey, Abstract No. 391 and the Samual Bond Survey, Abstract No 165 located on Bankhead Highway, City of Weatherford, Parker County, Texas. ZCH2023-0008 & CUP2023-0008.
(Kaleb Kentner, Director of Development & Neighborhood Services)
Suggested Action:

 Staff recommends approval of the conditional use permit request subject to the following conditions (which must be met prior to issuance of the certificate of occupancy): At their July 12th, 2023, regularly scheduled meeting, the Planning & Zoning Commission voted unanimously (5-0) to recommend approval of the zoning map amendment and conditional use permit request, subject to the conditions as recommended by staff. 

 

 

1. There will be no allowance of a pole sign, but instead a monument sign will be installed. 

 

 

2. Hours of operations will be Mon-Sat 7:00am- 9:00pm

 

 

3. No used RV parking near adjacent roads.

 

 

4. Service RVs will be located in the purple designated area only.

 

 

5. This conditional use permit will be void if construction has not been started within 8 months of Ordinance approval.  Additionally, this conditional use permit will be void if construction and issuance of Certificate of Occupancy has not been completed within 20 months. 

 

 

6. Details of the concept plan and associated development of the property shall be subject to the Site Plan Review process.  

 

 

 
 
 
 
7.e.
Hold a PUBLIC HEARING and consider adoption of Ordinance O2023-24 concerning a request for a conditional use permit for an Auto Wash use on a 0.583 acre tract of land located at 907 South Main Street in the City of Weatherford, Parker County, Texas. CUP2023-0007.
(Kaleb Kentner, Director of Development and Neighborhood Services)
Suggested Action:

Staff recommends approval of the Conditional Use Permit. 

 

At their July 12th, 2023, regularly scheduled meeting, the Planning & Zoning Commission voted unanimously (5-0) to recommend approval of the conditional use permit request, subject to the following conditions. 

 

 

1. Details of the concept plan and associated development of the property shall be subject to the Site Plan Review process.

 

 

 

2.Hours of operation for the business shall be limited to Monday - Saturday, 8:00am - 9:00pm.

 

 

 

3.The conditional use permit will be void if construction has not been started within 8 months of Ordinance approval. Additionally, this conditional use permit will be void if construction and issuance of Certificate of Occupancy has not been completed within 20 months. 

 

 

 

4. This conditional use permit will be void if the use is abandoned for more than 180 days after issuance of Certificate of Occupancy. 

 

 

 

5. No temporary signs shall be permitted. 

 

 

 

6. Color exterior equipment and canopies shall match their proposed color palette. 

 

 
 
 
 
7.f.
Hold a PUBLIC HEARING and consider adoption of Ordinance O2023-27 regarding a request for a general plan amendment and zoning map amendment from AG Agricultural and C1 General Commercial to C1 General Commercial with a P Planned Unit Development overlay and a conditional use permit for Fuel Station use, on a 9.0403-acre tract at the southeast corner of B.B. Fielder and South Main Street, generally located at 2551 South Main Street, City of Weatherford, Parker County, Texas. ZCH2023-0009 & CUP2023-0009.
(Kaleb Kentner, Director of Development & Neighborhood Services)
Suggested Action:

Staff finds the proposed benefits of the concept plan and development standards contribute sufficiently to the overall goals of the city when evaluating a Planned Unit Development. The development agreement provides additional details and development standards that will benefit the public above and beyond what is permissible by simply following the straight zoning district.

 

Staff recommends approval of the general plan amendment, zoning map amendment, and conditional use permit requests, subject to the following conditions.  At their July 12th, 2023, regularly scheduled meeting, the Planning & Zoning Commission voted unanimously (5-0) to recommend approval of general plan amendment, zoning map amendment, and conditional use permit request, subject to the conditions as recommended by staff.

 

 

1. Details of the concept plan, development agreement standards, and associated development of the property shall be subject to the Site Development Permit, Site Plan Review, and Commercial Building Permit process.

 

 

2. Demolition of the existing structures on the property is required, subject to an approved Demolition Permit.

 

 

3. Any potential traffic impacts will be reviewed during the Site Development Permit process.

 

 

4. Dumpsters shall be kept inside approved enclosures with doors shut.

 

 

5. Temporary signs, banners, and other advertisement shall not be allowed or permitted on the property. Vehicles with advertising or vehicles intended for use as advertising shall not be parked or stored in front or adjacent to the primary structure.

 

 

 

6. This conditional use permit will be void if construction activities have not been started within 8 months of Ordinance approval. Additionally, this conditional use permit will be void if construction and issuance of Certificate of Occupancy for QuikTrip Convenience Store (Phase 1) has not been completed within 24 months of ordinance approval.


 

 
8.
REGULAR AGENDA ITEMS
 
 
 
 
 
8.a.
Consider a request for preliminary plat approval for QuikTrip 1948 Addition, being 2 commercial lots on a 9.0403-acre tract at the southeast corner of B.B. Fielder and South Main Street, generally located at 2551 South Main Street said tract being situated in the A.M. Krouse Survey, Abstract No. 785, I&GN RR CO Survey, Abstract No. 1792, D.B. Ligon Survey, Abstract No. 2019, S.V. Shirley Survey, Abstract No. 2057, and all of Lots 1-3 of the Causbie Addition, City of Weatherford, Parker County, Texas. SBD2023-0023.
(Kaleb Kentner, Director of Development & Neighborhood Services)
Suggested Action:

Staff recommends approval of the preliminary plat, subject to all requirements of the subdivision ordinance. At their July 12th, 2023, regularly scheduled meeting, the Planning & Zoning Commission voted (5-0) to approve the preliminary plat subject to the following conditions which must be met prior to certification and filing:

 

 

1. The preliminary plat should consist of a single document containing existing and proposed conditions (Reference Weatherford Municipal Code (WMC) §11-4-4 & 11-4-5).  Sheet 1 shall be the proposed conditions, sheet 2 shall be the existing conditions.

 

 

2. The date the drawing was produced shall be provided in the title block. (Reference Weatherford Municipal Code (WMC) §11-4-3(d)(2)). 

 

 

3. Location and width of proposed alleys, sidewalks, trails, and pedestrian ways is missing.(Reference Weatherford Municipal Code (WMC) §11-4-4(c))

 

 

4. The general utility plan of sewage collection, water supply, and storm water facilities is missing. This may be provided on a separate sheet as necessary for legibility. (Reference Weatherford Municipal Code (WMC) §11-4-4(g)).

 

 

5. Areas contributing drainage to the proposed subdivision is missing. The information to be submitted shall include the area, slope and type of development in the contributing area. (This may be provided on a separate sheet at appropriate scale as necessary for legibility.) (Reference Weatherford Municipal Code (WMC) §11-4-4(h))

 

 
 
 
 
8.b.
Consider authorizing the City Manager to execute a construction contract with the Fain Group, Inc. for the construction of the Northwest Downtown Street Rehabilitation project in the amount not to exceed $3,797,572.00.
(Chad Marbut, Director of Public Works)
Suggested Action:

Staff recommends authorizing the City Manager to execute a construction contract with the Fain Group, Inc. for the construction of the Northwest Downtown Street Rehabilitation project in the amount not to exceed $3,797,572.00.


 

 
9.
FUTURE AGENDA ITEMS
 

 

 
10.

EXECUTIVE SESSION ITEMS

 

Pursuant to Chapter 551, Texas Government Code, VTCS, (Open Meetings Law): In accordance with the authority contained in:

 
 
 
 
10.a.

551.071 - Consultation with Attorney: Depository Institution.


(Brad Burnett, Assistant City Manager)

 

 
11.

ACTION ON EXECUTIVE SESSION ITEMS

 

To take action, if necessary, pursuant to Chapter 551, Texas Government Code, VTCS, (Open Meetings Law)


 

 
12.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
 
Residents may address the Council/Board/Commission/Committee regarding an item that is not listed on the agenda. Residents must complete a speaker card and turn it in to the Secretary five (5) minutes before the start of the meeting. The Rules of Procedure states that comments are to be limited to three (3) minutes. Speaker rules are posted at the back of the Council Chambers. The Texas Open Meetings Act provides the following: (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) A statement of specific factual information given in response to the inquiry; or (2) A recitation of existing policy in response to the inquiry. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting.

 

 
13.
ADJOURNMENT
 

CERTIFICATION
I certify that this Notice of Meeting was posted on _____________________ at _____________ a.m. / p.m. as required by law in accordance with Section 551.042 of the Texas Local Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the city's website.

Posted By _______________________________
Title ___________________________________

Date/Time Removed _______________________