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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-5/12/2014 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 12, 2014 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Tornes PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES April 14, 2014 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM 3. REGULAR AGENDA ITEMS 3a Approval of a final plat on Lot 1, Block 1 of the Breezy Lake Estates, Planning and Zoning Commission Commission Agenda May 12, 2014 City of Colleyville Page 2 Lots 1A and 1B, Block 1 of the Meadowlake Addition and Tract 2B, McNary Acres Addition located at 1117, 1121 and 1217 W. L. D. Lockett Road and a portion of Lot 1, Block 1 of the Bear Valley Community Church Addition located at 7900 Precinct Line Road, Case PC14-002 3b Approval of a final plat on 6.4 acres on Tract 3B, of Abstract 1543, of the George W. Teeter Survey located at 1301 Glade Road, Case PC14-004 3c Consideration of a variance to the provisions of Chapter 5-Tree Preservation in the Land Development Code on 2.3 acres located on Lot 1, Block 1 of the Baylor-Emerus Addition located at 5500 Colleyville Boulevard, Case ZC14-007 3d Request for a vacating plat on Lot 13-R, Block 8, of the Oak Crest Hills Addition located at 313 Oak Valley Drive, Case PC14-008 4. CONTINUED REGULAR AGENDA ITEMS 4a Approval of the updated bylaws for the Planning and Zoning Commission 5. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards May 9, 2014 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 14, 2014 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on March 24, 2014 at 7:12 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim Gotcher, and Chairman Byerly Absent: Commissioners Don Davis and David Phelps Staff Present: Ron Ruthven, Taci Wrisley, Rob McKeown, Marty Wieder, and Matt Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Tornes made a motion to approve the minutes as amended. Commissioner Wheelwright seconded. The motion to approve the minutes as amended carried by the following vote: Aye: 5 – Knox, Tornes, Wheelwright, Gotcher, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 3. CONTINUED PUBLIC HEARING AGENDA ITEM 3a Request for a Special Use Permit for a wedding chapel on Lot 1R1, Block 1, of the Monterra Place Addition located at 1700 Tennison Parkway, ZC14-002 Ron Ruthven presented the case and briefed the Commission. The public hearing was opened at 7:10 p.m. Planning and Zoning Commission Commission Minutes April 14, 2014 City of Colleyville Page 2 Robin Schuerman, the applicant, came forward and briefed the Commission. Lisa Conkwright, 1424 Savoy Court, came forward and spoke in opposition. Michelle Dacus, 1417 Douglas Avenue, came forward and spoke in opposition. Gary Shipp, 1401 Tennison Parkway, came forward and spoke in opposition. Mark Harrison, 1421 Douglas Avenue, came forward and spoke in support. Ben He Kije, 1505 Tennison Parkway, came forward and spoke in opposition. Kenneth Lopez, 1412 Douglas Avenue, came forward and spoke in opposition. Amy Wey, 1509 Tennison Parkway, came forward and spoke in opposition. The following also wished to record their vote but did not wish to speak: Farqoq Bana, 6601 Sapphire Circle South, opposition Amy Branson, 6619 Sapphire Circle South, opposition Juliet Shipp, 1401 Tennison Parkway, opposition Miranda Mars, 1429 Douglas Avenue, opposition Mark Mars, 1429 Douglas Avenue, opposition Grace Groesbeck, 1608 Douglas Avenue, opposition Frank Conkwright, 1424 Savoy Court, opposition Gary Groesbeck, 1608 Douglas Avenue, opposition Cheryl Swart, 6811 Milton Drive, opposition Steven P. Jackson, 1501 Douglas Avenue, opposition Joyce Moseley, 1428 Savoy Court, opposition Dee Kamerman, 1521 Tennison Parkway, opposition Betty Moseley, 1428 Savoy Court, opposition Bob Kamerman, 1521 Tennison Parkway, opposition Suresh Vashisth, 1604 Douglas Avenue, opposition There being no one else wishing to speak, the public hearing was closed at 7:41 p.m. Planning and Zoning Commission Commission Minutes April 14, 2014 City of Colleyville Page 3 Commissioner Tornes questioned staff regarding whether the business owner could install directional signs to guide patrons out of the parking lot and to Highway 26. Ron Ruthven replied yes, the Land Development Code does allow for directional signs. Commissioner Tornes questioned staff regarding what other types of businesses would be allowed at this location. Ron Ruthven replied the ordinance allows for all uses from the CC1-Village Retail zoning district, which includes retail stores, offices, restaurants, drive-thru restaurants, etc. Commissioner Wheelwright questioned staff regarding how code enforcement would work with regards to parking along the street. Ron Ruthven replied as long as vehicles are not parked in a No Parking Zone or in front of a fire hydrant they can park along streets for 24 hours before being tagged by a police officer for removal. He further explained if the vehicle is not removed it will be towed. Chairman Byerly questioned staff regarding whether the required parking was available. Ron Ruthven replied correct. Mrs. Schuerman came forward to address parking, signage, and alcohol consumption on the premise. Commissioner Wheelwright questioned Mrs. Schuerman regarding her plan to keep patrons from being outside after 9:00 p.m. Mrs. Schuerman replied she does not see any reason for patrons to be hanging around outside. She further explained she would prefer that patrons not hang around outside. Commissioner Wheelwright questioned Mrs. Schuerman regarding the use of a security guard. Mrs. Schuerman explained the security guard will be used to monitor the events and patrons. Commissioner Knox made a motion to deny Case ZC14-002. Due to the lack of a second, the motion to deny failed. Chairman Byerly made a motion to approve Case ZC14-002. Commissioner Tornes seconded. The motion to approve Case ZC14-002 carried by the following vote: Aye: 4 – Tornes, Wheelwright, Gotcher, and Byerly Nay: 1 - Knox Planning and Zoning Commission Commission Minutes April 14, 2014 City of Colleyville Page 4 4. REGULAR AGENDA ITEMS 4b Request for a vacating plat on Lot 13-R, Block 8, of the Oak Crest Hills Addition located at 313 Oak Valley Drive, Case PC14-005 Ron Ruthven presented the case and briefed the Commission. Commissioner Wheelwright questioned staff regarding if there were properties along Bransford Road with a 50 foot Right-of-Way dedication versus the 80 foot that is now required. Ron Ruthven replied yes. Commissioner Tornes questioned staff regarding whether the City could take the land in the Right-of-Way, if needed in the future. Ron Ruthven replied correct. Discussion continued between staff and the Commission regarding Right-of-Way. Gary Panno, applicant, came forward and briefed the Commission. Discussion occurred between Mr. Panno, staff, and the Commission regarding the required setbacks and Right-of-Way. Commissioner Gotcher questioned Mr. Panno if he would like an opportunity to come back before the Commission with the proposed changes or would he like the Commission to approve what they currently had in front of them. Mr. Panno replied he was unsure. Discussion occurred between staff and the Commission regarding Mr. Panno’s options moving forward. Chairman Byerly made a motion to deny Case PC14-005. Commissioner Knox seconded. The motion to deny Case PC14-005 carried by the following vote: Aye: 5 – Knox, Tornes, Wheelwright, Gotcher, and Byerly 5. PUBLIC HEARING AGENDA ITEMS 5a Request for a Special Use Permit for on-premise alcohol sales on Lot 3, Block 1, of the Tara Addition located at 1009 Cheek-Sparger Road, Suite 122A, Case ZC14-003 Planning and Zoning Commission Commission Minutes April 14, 2014 City of Colleyville Page 5 Ron Ruthven presented the case and briefed the Commission. The public hearing was opened at 8:17 p.m. Betty Dickson, the business owner, came forward and briefed the Commission. There being no one else wishing to speak, the public hearing was closed at 8:18 p.m. Commissioner Wheelwright made a motion to approve Case ZC14-003. Commissioner Tornes seconded. The motion to approve Case ZC14-003 carried by the following vote: Aye: 5 – Knox, Tornes, Wheelwright, Gotcher, and Byerly 5b Request for an amendment to the Special Use Permit for a Package Store development requirements for Lot 1, Block 1, Atlantic Oil & Gas Addition located at 7990 Precinct Line Road, Case ZC14-005 Ron Ruthven presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding if the ownership change included both the liquor store and the convenience store. Ron Ruthven replied no, the convenience store will still be owned b y the current owner. The public hearing was opened at 8:20 p.m. Ken Baca, on behalf of the property owner, and Charanjit Singh, the applicant, both came forward and briefed the Commission. Commissioner Tornes questioned Mr. Baca regarding who the owners were. Mr. Baca replied his company owns the real estate and Mr. Singh would be the operator of both the liquor store and the convenience store. There being no one else wishing to speak, the public hearing was closed at 8:22 p.m. Commissioner Wheelwright made a motion to approve Case ZC14-005. Commissioner Gotcher seconded. The motion to approve Case ZC14-005 carried by the following Planning and Zoning Commission Commission Minutes April 14, 2014 City of Colleyville Page 6 vote: Aye: 5 – Knox, Tornes, Wheelwright, Gotcher, and Byerly 4. REGULAR AGENDA ITEMS 4a Approval of the updated bylaws for the Planning and Zoning Commission Amy Shelley presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding whether there were any real changes made or was the change just the formatting. Amy Shelley replied the formatting has been updated and the requirement for training. Discussion occurred between staff and the Commission regarding possible changes. Commissioner Knox made a motion to table Item 4a : Approval of the updated bylaws for the Planning and Zoning Commission. Commissioner Tornes seconded. The motion to table Item 4a: Approval of the updated bylaws for the Planning and Zoning Commission carried by the following vote: Aye: 5 – Knox, Tornes, Wheelwright, Gotcher, and Byerly 6. ADJOURNMENT The meeting adjourned at 8:45 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on May 14, 2014 by a vote of _________. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 05/12/2014 Number Type Regular Agenda Items Department Community Development Title Approval of a final plat on Lot 1, Block 1 of the Breezy Lake Estates, Lots 1A and 1B, Block 1 of the Meadowlake Addition and Tract 2B, McNary Acres Addition located at 1117, 1121 and 1217 W. L. D. Lockett Road and a portion of Lot 1, Block 1 of the Bear Valley Community Church Addition located at 7900 Precinct Line Road, Case PC14-002 Explanation The applicant has submitted a request to approve the preliminary/final plat for Heron Pond located in the 5800 block of L.D. Lockett Road. The proposed plat contains 49 single family residential lots and five open space lots on 15.37 acres. Zoning. A rezoning request for PUD-R-Planned Unit Development Residential was approved by City Council on November 19, 2013 under attached Ordinance O-13-1894. Development Standards. Ordinance O-13-1894 requires the following development standards: Planning Area A - Minimum Lot Size: 9,000 square feet - Minimum Lot Depth: 120 feet - Minimum Lot Width: 74 feet - Front Building Setback: 15 feet; 20 feet for a front facing garage - Side Building Setback: 7 feet for one-story homes; 10 feet for two-story homes - Rear Building Setback: 30 feet - Maximum Lot Coverage: 65 percent Planning Area B - Minimum Lot Size: 7,000 square feet Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 - Minimum Lot Depth: 120 feet - Minimum Lot Width: 60 feet - Front Building Setback: 15 feet; 20 feet for a front facing garage - Side Building Setback: 0, 5, 9 or 10 feet with a minimum of 10 feet between primary structures - Rear Building Setback: 10 feet - Maximum Lot Coverage: 65 percent Open Space. The PUD-R regulations require a minimum 22 percent of the development be reserved for open space for use by the residents of the development. The plat complies with this requirement. Streets. All streets in this development shall be private. The minimum right-of-way for streets shall be 40 feet and the minimum pavement width for streets shall be 31 feet, measured from back of curb to back of curb. A five foot utility easement shall be located along both sides of all internal streets. Sidewalks and Trails. Four foot wide concrete sidewalks will be constructed along both sides of the internal streets at the time houses are constructed on the lots. A five foot sidewalk is also required along L.D. Lockett Drive. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan is required upon approval of the final plat for the property. A tree survey and tree mitigation plan have been submitted. Drainage and Stormwater Runoff. As required by the Land Development Code, drainage and engineering plans have been submitted with the proposed plat. The development will provide on-site retention. Residential Density. The development of 49 residential units on the 15.37 acre property will produce a residential density of 3.2 dwelling units per acre, which is the maximum residential density allowed by Ordinance O-13-1894. Summary. The combination preliminary/final plat complies with the requirements of Ordinance O-13-1894 and the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Plat Exhibit 4.Approved Development Plan 5.Ordinance O-13-1894 Lo c a t i o n a n d Z o n i n g M a p W L D LOCKETT R KAYS CT CRES C H A L F O R CRESCENT WAY STERL TEXAS TRL REATTA PL 58 3 5 59 9 6 58 2 4 58 3 0 58 4 2 57015712 58 3 2 907 12 1 7 58 0 4 58 3 8 58 4 5 58 1 5 58 4 3 11 2 1 5616 58 0 7 58 3 6 5525 58 0 9 6008 77 2 0 5608 58 1 2 58 3 3 10 0 0 58 1 6 58 2 0 58 0 5 58 2 1 55 1 4 58 4 1 56 0 5 57 1 4 805 5613 55055509 55 1 3 58 0 4 56 1 2 58 0 0 5501 56 1 3 5612816 58 2 9 5705 55 2 2 79 9 0 57 0 4 5604 56 0 9 8165816 58 3 4 55 1 8 58 1 2 58 3 7 55 2 1 11 1 7 56 0 8 80 0 0 57 0 0 58 0 1 58 3 9 58 0 8 5529 58 2 5 59 9 7 5804 5601 56 0 0 58 0 1 56095617 58 1 1 77 2 0 55 1 0 57 0 8 79 0 0 56 0 1 56 1 6 58 1 3 58 2 8 56 0 4 56055808 58 3 1 58 4 0 79 7 0 58 0 0 716 729 55 0 6 58 0 8 5812 58 0 0 709 Ü Subject Properties Precinct Line Road Ci t y of No r t h R i c h l a n d H i l l s Ae r i a l Pl a t E x h i b i t Development Plan ORDINANCE 0-13-1894 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 15.4 ACRES ON LOT 1, BLOCK 1, OF THE BREEZY LAKE ESTATES, LOTS 1A AND 1B, BLOCK 1, OF THE MEADOWLAKE ADDITION, TRACT 2B, OF THE MCNARY ACRES ADDITION, AND A PORTION OF LOT 1, BLOCK 1, OF THE BEAR VALLEY COMMUNITY CHURCH ADDITION, LOCATED AT 1117, 1121, AND 1217 W. L.D. LOCKETTROAD AND 7900 PRECINCT LINE ROAD FROM THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TOEXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Cityof Colleyville has received an application for a rezoning under Case No. ZC13-014; 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 enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has dividedthe City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safetyfrom fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, tothe character of the 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 Ordinance 0-13-1894 Page 2 of 7 WHEREAS, the Planning and Zoning Commission ofthe City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and state law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given therequisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected areaand in the vicinity thereof, the governing body of the City of Colleyville is of theopinion that said change in zoningshould be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all theforegoing premises and findings arefound to be true and correct and are incorporated into the body ofthis ordinance as if copied in theirentirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 15.4 acres on Lot 1, Block 1, of the Breezy Lake Estates, Lots 1A and 1B, Block 1, of the Meadowlake Addition, Tract 2B, McNary Acres Addition, and a portion of Lot 1, Block 1, of the Bear Valley Community Church Addition, located at 1117, 1121, and 1217 W. L.D. Locket Road and 7900 Precinct Line Road from the R40-Single Family Residential zoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit "A" and as legally described in Exhibit "B". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoningchange approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for a single-family residential development of 49 detached dwelling units, constructed at a gross maximum density of 3.2 dwelling units per acre. Ordinance 0-13-1894 Page 3 of 7 b. This development shall be generallyconsistent with the Statement of Planning Objectives, attached as Exhibit "C". c. The subject property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. DEVELOPMENT PLAN AND PLATTING a. The development shall be generally consistent with Exhibit D", Conceptual Site Plan, whichshall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "D" toaccommodate topographic, drainage, or other conditions. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat, approved in one or more phases, in accordance with the requirements ofthe Land Development Code prior to development of this PUD-R. 3. PERMITTED USES a. Single-family residences, detached b. Common openspace areas 4. RESIDENTIAL LOT REOUIREMENTSAND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions: Planning Area "A" a. Minimum Lot Size:9,000square feet b. Minimum Lot Depth: 120 feet c. Minimum Lot Width: 74 feet d. Front Building Line: 15 feet for a swinggarage; 20 feet for a front facing garage Ordinance 0-13-1894 Page 4 of 7 e. Side Building Line:7 feet for one-story homes; 10 feet for two-story homes f. Rear Building Line:30 feet g. Maximum Lot Coverage: 65 percent h. Minimum House Size: 2,800square feet i. Maximum Building Height: 35 feet j. There shall be no more than three second story windows on the rear ofany home in Planning Area A. Planning Area "B" a. Minimum Lot Size:7,000 square feet b. Minimum Lot Depth: 120 feet c. Minimum Lot Width: 60 feet d. Front Building Line: 15 feet for a swing garage; 20 feet for a front facing garage e. Side Building Line:0, 5, 9, or 10 feet with a minimum of 10 feet between primarystructures f. Rear Building Line:10 feet g. Maximum Lot Coverage: 65 percent h. Minimum House Size: 2,500 square feet i. Maximum Building Height: 35 feet 5. RESIDENTIAL DESIGN REQUIREMENTS The following requirements shall apply to all homes constructed in this development. Ordinance 0-13-1894 Page 5 of 7 a. Roofing Standards: Minimum roof pitch: 10: 12. Roofing Materials: Minimum 240 lb. dimensional shingle. b. Garage Standard: A minimum two car garage shall be constructed with architecturally enhanced doors. c. Masonry: The exterior wall of all homesshall be composed of 80 percent masonrymaterials with a requirement that all siding shall be of a cementitious material. 6. OPEN SPACE a. This development shall provide a minimum of 22 percent common open space, as shown on Exhibit "D", which shall be for the leisure and recreational use of the development's residents. Theopenspace shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped and maintained by the Homeowner's Association (HOA). 7. PRIVATE STREETS AND SIDEWALKS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Land Development Code. A minimum five (5) foot wide trail shall be constructed within the open space area around and along the interior pond. Said minimum five (5) foot wide trail connecting this development with the Reatta Place development shall be constructed as agreed between the developer and the Reatta Place Homeowner's Association. b. All streets in this development shall be private. Right-of- way and pavement widths shall meet the following requirements: the minimum right-of-way for streets shall be 40 feet and theminimum pavementwidth for street shall be 31 feet, measured from back of curb to back of curb. A five foot utility easement shall be located along both sides of all internal streets. c. All gates shall meet the minimumrequirements of Chapter 14-Engineering Design Standards in the Land Development Code. Ordinance 0-13-1894 Page 6 of 7 8. FENCES, SCREENING AND LANDSCAPING a. Wood fencing between lots is permitted. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorativemetal, and/or masonry. All lot boundaries along common opens areas shall be open style fencing of decorative metal, and/or Masonry. b. All lotsbacking to the common open space shall be open style fencing ofdecorative metal, and/or masonry. c. Where lots back to the existing residential lots in the Reatta Place development, the developer shall construct a new eight (8) foot cedar fence on metal poles. Said fence shall be constructed prior to the final acceptance of public improvements. d. All lots shall contain a minimum of two (2) three-inch (3") caliper trees in the front yard adjacent to the street right- of-way. Each lot shall be fully landscaped with an approved irrigation system in the front and rear yard prior tothe final inspection. e. A minimum of two (2) three-inch (3") caliper trees shall be planted in each rear yard where trees do not existfor all lots that back to the eastern boundary of the development prior to the final inspection. Sec. 5. 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 amendedherein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject tothe same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, andupon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars 2,000.00) for each offense. Ordinance 0-13-1894 Page7of7 Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affectthe validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shallhave the right to seek injunctive relieffor any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort, and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of November 2013. The second reading and public hearing being conducted on the 19th day of November 2013. PASSED AND APPROV by the City Council of the City of Colleyville, Texas, on this the I day of November 2013. ATTEST: CITY F COLLEYVILLE___ 8 E0 Am elley, TRMC Mi e Taylor City Secretary Mayor Pro Tern APPROVED AS TOFORM AND LEGALITY: 1/4 -641/6--4-- Fop. Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map Sc-5-"'>.. f,; - e1 Ts6o6 -W 9n 1 M 1 A S, 5 6616 W 99 M 911 ` # I SBtf c ; g1.- a :0 wi y sere Z M v 99 9,. N p' 616 t W6 W itrIc 2 M U COI 5101 h9l. 911Cri 9W 96. 9E] qg,'^. r as3 U 961 seo.® 56. 3101 V'L D OCKETT n 1 5715k 7 5701 3706 5111 n., 665 ms N y s- s6ro 1 l ° 1311 1121 Rtl I 1611 916 J i 5611 J c. r s c/ City F. 9,1 Q 9,9 n of R 40 Q 1117 North Richland Hills a"WX W 5610 Subject ta sF. ..,Properties 560!/J 5605 K16 SS,I 91 N: 55,E .6 I 5561 Exhibit B - Legal Description METES AND BOUNDS DESCRIPTION FOR ZONING EXHIBIT FUTURE HERON POND-15.17 ACRES IN THE I.CARHARRINGTON SURVEY,A-808 CITY OF EULESS,TARRANT COUNTY,TEXAS All that certain 15.17 acres of land,which is all of Lot 1, Block 1, Meadowlake, described in the plat recorded in Volume 388-173, Page37 in the Plat Records of Tan-ant County,Texas (P.R.T,C.T,) and all of Lot 1,Block 1,Breezy Lakes Estates, described in the plat recorded in Volume 388-172, Page 40 P.R.T.C.T., and part of Tract 2,McNaryAcres, described in the plat recorded in Volume 388-140, Page 78 P.R.T.C.T., and part of Lot 1, Block 1, Valley Community Chnach Addition, described in the plat recorded in, Cabinet A,Slide 5206,the 1.002 acre tract, in the I. Carodine Survey, A-356, in the City of Colleyville, Tarrant County, Texas and more particularly described by metes and bounds as follows: (all bearings shownhereon are based on the south right-of-way line of L.D.Lockett Road(right-of-way varies),as shown on the platof saidBreezy Lake Estates and said Meadowlake); BEGINING at a 1/2"iron rodfound for the northeast corner of said Lot 1,Block 1,Medowlake, in the south right-of-wayline of said L.D.Lockett Road; THENCE South 00°13'42'West-921.71'to the a 1/2"iron rod found for the southeast corner of the herein described tract, common to the northeastcorner of Lot 4,Block 1,Reatta Place,describedin the plat recorded in Cabinet A,Slide 8272 P.R.T.C.T.; South 89°58'36"West-622,68`to the most southerly southwest corner of the herein described tract; THENCE North-427.95'to a 1/2"iron rod found forthe southeast corner of saidTract 2,McNary Acres,common to thesouthwest corner of Lot 1,Block 1,Breezy LakeEsates; THENCE North 89°27'00"West-176.01'to a 1/2"iron rod with a cap stamped"Votex"found for the most westerly southwest corner of the herein described tract; THENCE North 00°23'00"East-495,00'to a 1/2"iron rod found for the northwest comer of the herein described tract,in the south right-of-way line of said L.D.Lockett; THENCE along the south right-of-way line of said L.0.Lockett Road the following courses: South89°27'00"East-176.01'to a1/2"iron rod with a cap stamped"Moak"found for the northeast cornerof said Tract 2,McNaryAcres; South00°23'00"West-5.00'to a 1/2"iron rod with a cap stamped"Moak"found for north west corner of said Lot 1,Block 1,Breezy LakeEstates; South 89°27 00"East-322.87 to the northeast corner of said Lot 1,Block 1,Breezy Lake Estates; North 15°03'57"East-10.33'to the northwest corner of said Lot 1,Block 1,Meadowlake; South 89°27'01"East-297.56'to the POINT OF BEGINING and containing 15.17 acres of land. Exhibit C - Statement of Planning Objectives He/ran/Pond' Coileyville. Texas— November 13.2013 Sage Group, Inc. Statement of Planning Objectives- Heron Pond is a proposed residential neighborhood to be developed by flat Creek Development under the Planned Unit Development regulations tier Residential development (PUD-R) in the City of Colic ilk. The 15.43 acre property is locatedon the south side of Li) Lockett Road. just east of Precinct Line Road, the property is currently shown on the FutureLand Use Plan as Retail, but is zoned lbr Residential (R- 40)and is occupiedby an equestrian laacility, open space and auicult oral areas. The surro€ndine area is frilly developed. Across the street to the north is the existing Emerald Park neit7iborhood, to the west lies Community and Conutiercial ITses, containing the corner gasoline station' convenience store package store. and the Bear ValleyCommunity Church. Toour south and east is the Reatta Place PI..TD-RResidential neiehborhood. The subject tract is shown on the Future Land Use flan as "Retail" however we believe there would be a limited niiirket kr Retail Uses in this location, as there is no reni fining frontageon Precinct I.ine Road, and that it better use lie- this property would beto begin a transition ti'om the Commercial to the west, to the PITT)-R Single Fatuity Residential to thecast with a suitable Single-Family Residential use. This proposal which transitions between the Commercial Tracts to the west along PrecinctLine Road with residential lots averaging over 8.400 s.Y. to the larger lots in ReattaPlace, and over 22%Open Space, is consistent with this and-we believe- the surrounding uses. The property generally slopes toward the drainageswale and lake that routs from the north to the south through the property. All of our street and lot drainage would be directed toward this area and would notaffect any of the neighborine properties. We have commissioned a drainage study to illustrate the current conditions and mike sure this development- as proposed- would net the requirements of the ordinances regulating development and drainage. Exhibit C - Statement of Planning Objectives (Continued) Quality and compatibility with the adjacent residential. as well as the rest of Colkyville are essential, and we havedesigned this proposal with those 4goals in mint The residences planned for Heron Pond will be very upscale, with selling prices estllT aced to range between 5400,000 to over 5600,000. The development will have as its focal point, and feature, a pond and landscaped perimeter. The imiinentry road has been located directly across from the Emerald Park Entry=, but also to take advantage of the resulting entry viewtoward the landscaped central lake area. line internal road is planned to be a gated private road with a Resident/ Visitor gate at tlx: westernentry, across from the existing gated entry into Limerald Park,designed to meet all the city standards tear such an entry. Theeastern entry will be resident-only, providing a second point of access. Wepropose to build the noninl Colkyville street section of 31' back of curb to back of curb), in a 40'R.O.W. with 5' utility and sidewalk easements on either side. In addition to some of the existing trees we will save within the open space areas,there will be a requirement of a front yard tree liar even,-• residential lot to be installed by the hour builders, adjacent to the street right of way. A minimum of two trees will also be installed in tlx:rear yard of each lot backing to the neighboring lots in Reatta Place, at the eastern boundary, where existing trees do not already exist. To encourage pedestrian activity in the neighborhood, sidewalks will be built along the front of each lot, as well as a 5'trail around the lake. The indicatedlandscaped setback, along LD Lockett, will be preserved within an open space lot, to be owned and maintained by the Heron Pond Iionrowners Association. The scale and orientation of the development has been designedtohavean inviting visual Bow with the existingneighborhoods and surrounding uses. Thedesign criteria of the hoes create high quality homes in keeping. with both the immediate neighborhood and Colkyville as a whole. Development Schedule Heron Pond will be developed in a singlephase with the developmentcommencing upon the successful completion of the zoning and platting and the subsequent approval of the final plat and engineering plans. Construction of homes is anticipated to start immediatelyupon completion of the subdivision's infrastructure. Economic Development Information Heron Pond will have a total of tbny-nine (49) hours, each with an averageestimated value upon completion ofaapproxinutely 3400,000 to over5600,000,resulting in an overall tax base of 524,500,000, based on a 3500,000 estimatedaverage. At the current tax rate of 2.694677%,the total taxes generated from the development are projected to he 5654,000.with S 91,250 generated directly fins the City. Exhibit C - Statement of Planning Objectives (Continued) Development Standards Permitted Land Use: Single Family Residential Detached Residential Lot Requirements and Setbacks: Residentiallot requirements and setbacks shall comply with the kbllowing provisions. Pkinning Area "A" refers to those lots adjacent to the far eastern property line. All other lots comprise Planning Area"B." Planning Area "A" a. Minimum Lot Size 9,000 square feet b. Typical lot Width 74 feet c. Minimum Lot Width 60 feet (inside corner lot) d. Minimum Lot Depth 120 feet e. Front Building Line 20 feet, or 15feet for•a front swing garage E Side Building I..ine One story Home: 7 legit: Two story Home: 10' g. Rear Building Line 25 let h. Maximum Building height 35 feet i Maximumm Lot Coverage 65% j. Minimum [louse Size 2.80(1 s.f Planning Area "B" a. Average I.nt Size 7,800 square legit b. Minimum I.ot Size 7,000 square feet c. 'Typical Lot Size 60 feet d. Minimum Lot Width 47 feet (inside comet lots) e. Minimum Lot Depth 120 feet f Front Building Line 20 feet: or 15 feet for a front swing garage L_ Side !haling, Line 5 feet, or Oil 0 or I's) feet with a 10 foot minimum between buildings h. Rear Baiikd ing Lune 10 feet i. Maximum Building height 35teet j. Maximum Lot Coverage 65% k. Minimum House Size 2,500 s.l: Exterior Materials: 80%Masonry: all siding shall be of a cementitiousmaterial. Roof Materilts: Minimum 24(1 lb. dimensional shingle_ Minimum Roof Pitch: Minimum of a 10:12 roof pitch. GarageStandard: Minimum of a two car garage, with enhanced decorativedoors. Fencing:A minimum 6' msonry screen wall will be built along the Ii) Lockett frontage, and adjacent to each entry. Exhibit C - Statement of Planning Objectives (Continued) Wood fencing between lots is permitted. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or mason1y. All lot boundaries along Common Open Space areas shall be open style !mesa=g= of Decorative Metal, andior Masonry. Where lots back to existing the existing residential lots in Reatta Place, we have agreed to construct a new 8'Cedar Fence on metal poles. Where open spacelots border adjacent properties, either the existing fence will he nbiatained, or a Decorative Metal or Wooden fence will be installed, as per the I'emcir Plan. Streetscape Standards: Minimum of two (2)three-inch (3") caliper tree per each front yard of all lots, and two (2) three inch (3") caliper trees per each rearyard of lots backing to the eastern boundary (credit toward this requirement for preserving existing trees will be given). Fully landscaped and spriaklered front and rear yard within sixty days of completing a house. Front Yard Maintenance: The open space lots within the subdivision shall be maintained in a consistent, unitbrrn manner by the heron Pond Homeowners Association through dues collected from the individual homeowners. Membership in the Homeowner's Association will be imndatorv. Street fksira Standards: Right of Way: Forty feet (40') Travel Zane Width: Thirty-one boot (31'), back of curb to back of curb Turning Radii: Twenty feet (20') Open Space Standards:The CommonOpen Space shall be either left nattu'al (where disturbance and irrigation may harm emoting trees)or holly landscaped and irrigated with a combination of trees and shrubbery pursuant to an approved landscape plan. The CommonOpen Space shallbe owned and operated by the I heron Pond Homeowners Association which shall have a mandatory membership of homeowners and shall collect dues in amounts satisfiactory to maintain the CommonOpen.Space. The Association shall have fine and lien rights as permitted by law to enforce compliance with the rules of the association. Siana=ge: A monaualnt ;ram identifying the subdivision shall be built at the entries from ID Lockett andlor incorporated into the nrsonry wall adjacent to that entry'. All street and stop signs, and light standards shall decorative. Exhibit D - Conceptual Site Plan x 1 afJr.a K.II:I t'.k..m.vial r,i..vx VHl,y lt:IxX.4 ey.`ram N,'r. ne Y.,ut lt:It.It •I.f:,1 1,:.. I:ai.,i,y J„rn y.N:'f.ct N., LLD LOCKF7T ROAD Y v u• Shp( tt,1%.1-6),‘-i''''w k.. 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J ' 1 1I I I 11 r‘. .... i {`._.1 L_r_-.fIL ,_J 1,; Il 0I•/, I 4 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 05/12/2014 Number Type Regular Agenda Items Department Community Development Title Approval of a final plat on 6.4 acres on Tract 3B, of Abstract 1543, of the George W. Teeter Survey located at 1301 Glade Road, Case PC14-004 Explanation Chase Rowan is the developer of 6.4 acres of land located on the south side of Glade Road, south of Riverwalk Drive. The developer has submitted a final plat, which will subdivide the property into nine residential single family lots and two open space lots, for the construction of single family residential detached dwelling units. Zoning. The property is currently zoned PUD-R-Planned Unit Development Residential zoning district. A rezoning request for PUD-R was approved on March 4, 2008 with Ordinance O-08-1659 (attached). The zoning requirements stated in attached Ordinance O-08-1659 include single family detached residential as the primary use with a maximum density of 1.4 dwelling units per acre. The minimum lot size is 20,000 square feet. The minimum lot width is 100 feet, except for cul-de-sac lots, which shall be a minimum of 83 feet. Open Space. The PUD-R ordinance for the property requires a minimum of 14.97 percent of the total development as open space. The open space areas include two ponds. All of the open spaces will be landscaped and maintained by the Homeowner's Association (HOA) as required by Ordinance O-08-1659. Access. The development will have access from Glade Road to the newly created street, Carmel Place. The new street serving this development shall contain a minimum of 40 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. All homes constructed in the development shall be installed with a fire suppression sprinkler system approved by the Fire Marshal. As part of Ordinance O-08-1659, the applicant received a waiver to the street design requirements in the Land Development Code with regard to right-of-way width requirements and pavement width requirements for cul-de-sac streets over 600 feet in length. The Land Development Code requires a cul-de-sac street that is between 600 feet and 1,200 feet in length to have a minimum of 56 feet of right-of-way and 36 feet Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 of pavement width measured from curb-back to curb-back. The proposed street will be 800 feet in length. The waiver was contingent on all homes in the development containing an approved fire suppression system. Drainage. The developer submitted a drainage analysis of the site at the time of the zoning application. The analysis was reviewed and accepted by the City of Colleyville Engineering Division of the Public Works Department. According to the drainage analysis, the development will provide on-site retention. Details of the proposed drainage system and storm water retention ponds have been submitted as part of the platting process. All on-site drainage and stormwater runoff shall comply with Section 14-17 - Drainage and Storm Sewer Improvements in the Land Development Code. Subsection "L" states that detention or retention facilities may be used to reduce peak discharges where conditions prevent conveying stormwater to an adequate discharge point. Detention or retention facilities shall be privately maintained unless the City of Colleyville has agreed to accept public dedication of the facility. In the case of this development, a retention pond will be located at the south end of the development. Although the proposed pond straddles the proposed open space Lot 11X and the single family home Lot 8, the pond will be maintained by the HOA and must be completely located within a drainage easement. Ordinance O-08-1659 requires that a masonry, or stone, retaining wall shall be constructed, and, where applicable, replace any existing retaining wall structure or material along the creek, prior to the acceptance of final public improvements by the Engineering Division of the Public Works Department. The wall shall be approved by, and meet the specifications of the City and shall be maintained by the HOA. Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. According to Ordinance O-08-1659, a minimum five-foot wide sidewalk shall be located along both sides of the new street, serving the development and along Glade Road. The sidewalks are required to be installed when any new structures are built on the property where the sidewalk is adjacent to single family home lots. Otherwise, the developer will be responsible for constructing any required sidewalks on Lots 10X and 11X prior to the acceptance of final public improvements. Signage. A sign identifying the development shall be built at the southwest corner of the entrance to the subdivision as shown in the PUD-R ordinance. The sign shall meet the requirements of the Land Development Code and shall not be located within any street right-of-way. Landscaping and Tree Preservation. Landscaping and tree preservation along Glade Road shall conform to the specifications and depictions as shown in Ordinance O-08-1659. A minimum of two (2) three-inch caliper trees shall be planted within the front yard of each lot by the builder upon construction of a new home. Trees not Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 3 located within the right-of-way or within a pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the drip line of all developer identified preserved trees located outside the right-of-way. A tree survey has been received. Preliminary Plat Approval. The City Council approved the preliminary plat on May 14, 2013. Summary. The proposed development satisfies the requirements of the Ordinance O- 08-1659 and the Land Development Code. Given the amendments to plat approval authority approved earlier this year, this plat only requires approval by the Planning and Zoning Commission. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Conceptual Site Plan 4.Final Plat Exhibit 5.Ordinance O-08-1659 Lo c a t i o n a n d Z o n i n g M a p Ae r i a l Final Plat Exhibit City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3c Agenda Date 05/12/2014 Number Type Regular Agenda Items Department Community Development Title Consideration of a variance to the provisions of Chapter 5-Tree Preservation in the Land Development Code on 2.3 acres located on Lot 1, Block 1 of the Baylor-Emerus Addition located at 5500 Colleyville Boulevard, Case GC14-011 Explanation Duke Realty is requesting a variance to the tree preservation requirements contained in Chapter 5-Tree Preservation in the Land Development Code for property located 5500 Colleyville Boulevard. The subject property currently contains a 16,165 square foot building that is under construction that will house a new Baylor-Emerus hospital. The zoning for the hospital was approved by a Special Use Permit under Ordinance O-13-1872 (attached) on May 7, 2013. Completion of the building is scheduled for June 2014. Variance Request. Chapter 5-Tree Preservation (attached) requires that any variance to the chapter be heard by the Planning and Zoning Commission. The decision of the Commission is final. The applicant is requesting a variance to Section 5.8(A), which states: “Minimum Existing Tree Preservation Requirements: When any new construction occurs, there shall be a minimum number of trees protected on the property. For new residential subdivisions, the entire boundary of the subdivision shall be considered as one property for the purpose of this section.” According to the exhibit provided by the applicant, 40.5 percent of the subject property was covered by a protected tree canopy before construction began. Based on the total existing protected tree canopy on the property before construction began of 40.5 percent, a minimum of 50 percent of the protected canopy must be preserved in place. The following is a breakdown of the requirement (this information is also provided on the attached table): Total pre-developed canopy coverage – 40.5% or 40,875 square feet of canopy coverage Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 2 Total preservation requirement – 50% or 20,438 square feet of canopy coverage Total existing canopy coverage as of 5/9/2014 – 10.422 square feet. Section 5.8(A) further states that “protected trees located within any of the exempted areas may be credited toward the minimum existing preservation coverage requirements in the above table such that no more than 50% of the existing protected trees may be credited within an exempt area. Given this allowance, 5,211 square feet of bonus area may be credited back to the overall existing canopy coverage, leaving a total existing canopy coverage of 15,633 square feet. This leaves a final required protected canopy coverage deficiency of 4,805 square feet. Therefore, the applicant is requesting a variance to this requirement. Staff Recommendation. Given the minimum tree preservation requirements noted above, once the minimum amount of required protected trees are removed from the property, it is effectively impossible to remove the violation status of this section from the property without the approval of a variance given the inability to restore a mature tree canopy to a property. Given that condition, staff recommends that, as a condition of approval for the variance, the applicant be required to pay the mitigation cost per caliper inch based on the existing tree protection deficiency. Based on an average caliper inch per canopy square foot for the subject property of 0.01736, the canopy deficiency of 4,805 square feet equates to a total of 83 caliper inches. Therefore, at the rate of mitigation rate of $250.00 per caliper inch per Section 5.10(B), the total restorative fee requirement would be $20,851.53. Per the requirements of Section 5.10(B), the monies would be deposited into the tree preservation fund, which is used by the City in order to plant trees on public properties. Tree Mitigation Requirements. It should be understood that the overall tree mitigation requirements for the subject property based on the protected trees removed versus trees required to be mitigated for Section 5.10 are not part of this variance request. The applicant states that they intend to adhere to those requirements through the replanting of trees on the subject property. As stated above, this variance request only applies to the minimum existing canopy protection requirements contained in Section 5.8(A). Recommendation Approval with the following conditions: The applicant is required to pay a minimum of $20,851.53 into the City of Colleyville tree preservation fund as a restorative canopy charge prior to the issuance of the Certificate of Occupancy for the primary structure on the subject property. Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 3 Attachments 1.Location Map 2.Applicant's Request 3.Baylor-Emerus Site Tree Canopy Preservation Analysis 4.2006 Aerial Showing Pre-Developed Tree Canopy 5.Tree Coverage Exhibit 6.Original Tree Survey 7.Ordinance O-13-1872 8.Chapter 5-Tree Preervation Lo c a t i o n M a p 14241 N. Dallas Parkway, Suite 1000 Dallas, TX 75254 Phone: (972) 361-6700 Fax: (972) 361-6800 April 23, 2014 City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Baylor Emergency Medical Center at Colleyville Variance Request for Violation of Code Section 5.8 – Tree Preservation Requirements To whom it may concern: As the representative of Duke Realty BEMC Colleyville Development LLC, the property owner for the Baylor Emergency Medical Center at Colleyville, I request a variance for the current violation of the city of Colleyville Code Section 5.8 regarding tree preservation requirements. According to the Existing Tree Preservation Requirements table in this section, a minimum of 50% of the existing protected tree canopy must be preserved. Due to the constraints of the site, we were only able to maintain 39.3% of the existing protected canopy. Duke Realty understands the importance of maintaining canopy coverage and will provide additional trees on site to help restore the canopy coverage as well as improve the aesthetics of the site and community. Please see attached variance application, tree survey and application fee. Feel free to contact me at 972-361-6711 if you have any questions. Sincerely, DUKE REALTY CORPORATION Amanda L. Zimmerman Assistant Project Manager Encl. cc: File Gordon Adkison, Duke Realty Corporation Steve Wheeler, Duke Realty Corporation Leonard Reeves, Studio 13 Joe Roberts, Emerus Hospitals Applicant's Request Total Pre-Developed Canopy Coverage 40,875 square feet Total Canopy Removed 30,453 square feet Total Canopy Remaining 10,422 square feet Total 50% Canopy Coverage Required 20,438 square feet Total Canopy Deficiency 10,016 square feet Total Bonus Area Allowed 5,211 square feet Total Canopy Remaining Including Bonus Area 15,633 Total Final Canopy Deficiency Including Bonus Area 4,805 square feet Average Caliper Inch per unit of Canopy Area 0.01736 inches Total Restorative Canopy Mitigation Required in Caliper Inches 83.40612 inches Total Restorative Canopy Mitigation Cost based on $250.00 per caliper inch $20,851.53 Baylor-Emerus Site Tree Canopy Preservation Analysis 20 0 6 A e r i a l S h o w i n g P r e - D e v e l o p e d T r e e C a n o p y SHEET TR1of1City of Colleyville, Tarrant County, Texas Tree Survey / Tree Mitigation TREE SURVEY Emerus Emergency Hospital #PLAN REVIEW REVISIONSBY DATEBar is one inch on original drawing. If not one inch on this sheet, adjust scale as necessary.PROJECT PWP006One Inch 1Issued for Permit & PricingLWR7-16-2013 2PR NO. 3AEW01-23-2014 3Per City MeetingLWR03-26-2014 Tr e e C o v e r a g e E x h i b i t SHEET TR1of1City of Colleyville, Tarrant County, Texas Tree Survey / Tree Mitigation TREE SURVEY Emerus Emergency Hospital # PLAN REVIEW REVISIONS BY DATEBar is one inch on original drawing. If not one inch on this sheet, adjust scale as necessary.PROJECT PWP006One Inch 1Issued for Permit & PricingLWR7-16-2013 2PR NO. 3AEW01-23-2014 3Revised Per City Meeting 1-24-2014LWR01-24-2014 Fi n a l T r e e S u r v e y ORDINANCE 0-13-1872 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP ANDCHANGING THE ZONING OF LOT 1A, BLOCK 1, OF THE BAYLOR HEALTH CARE SYSTEM ADDITION AND LOT 2R, BLOCK 1 OF THE LINTON ADDITION LOCATED AT 5408 AND 5500 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A HOSPITAL WITH A PRIMARY USE AS AN EMERGENCY ROOM;PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TOEXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC13-002; and WHEREAS, theCity of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare ofthe City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commissionto recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and ZoningCommission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safetyfromfire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has givenreasonable consideration to, among other things, the character of the districts and their peculiar suitabilityfor 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 Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Ordinance 0-13-1872 Page 2 of 5 Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, havinggiven the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners n t h r int reinterested and situated in theandtothepersonsesasgenerally, p affected area and in the vicinitythereof, the governing body of theCity of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OFTHE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all theforegoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety.Y Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending theofficial zoning map by authorizing a Special Use Permit for a hospital with a primary use as an emergency room on Lot 1A, Block 1, of the Baylor Health Care System Addition and Lot 2R, Block 1, of the Linton Addition located at 5408 and 5500 Colleyville Boulevard, as depicted on the location and zoning map, Exhibit "A". Sec. 3. THAT the abovedescribed tract of land shall be used only in the manner and for the purposesprovided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amendedherein. Sec. 4. THAT the above described tract of land shall be subject to the followingconditions: 1. GENERAL a. The hospital with a primary use as an emergency room facility authorized by this special use permit shall not exceed 16,165 feet in area. b. The bed count in this emergency room facility shall not exceed a total of 17 beds, which shall include emergency room (ER) beds, inpatient beds, triage beds, exam room for the semi- Ordinance 0-13-1872 Page 3 of 5 private rooms, or other beds. c. The layout shall be generally consistent with Exhibit "B," conceptual site plan. d. The specific use shall be for emergency room medical care only, as referenced in Exhibit "C," Statement of Planning Objectives. e. The operating hours for this establishment shall be 24 hours a day, seven (7) days a week. 2. PARKING AND ACCESS a. A minimum of 57 parking spaces shall be required. 3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. 4. BUILDING DESIGN AND CONSTRUCTION a. The building design of the business shall be generally consistent with the attached Exhibit "D". Otherwisethe final design shall, at a minimum, have a design score of atleast 30 as required in Chapter 6 of the Land Development Code. All exterior surfaces shall adhere to the design standards as required by Chapter 6 of the Land Development Code. b. All dumpsters shall, at a minimum, be screened with a minimumeight foot high masonry wall and shall, otherwise, meet the requirements for dumpster screening in the Land Development Code. c. This Special Use Permit shall automatically expire upon the abandonment of the business known as "Baylor Emergency Medical Center," a change in the use, or upon the expiration or termination of the Certificate of Occupancy. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same f Ordinance 0-13-1872 Page 4 of 5 penalty as provided for in the Comprehensive Zoning Ordinance of the City ofColleyville, 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. 6. 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. Sec. 7. 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. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and publichearing being conducted on the 16th day of April, 2013. The second reading and publichearing being conducted on the 7th day of May, 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the 7`i-day of mar 2013. ATTEST: CITY OF COLLEYVILLE II 1 , Amy elley DavidKelly City Secretary Mayor r 1 Ordinance 0-13-1872 Page 5 of 5 APPROVED AS TOFORM ANDLEGALITY: i\M\ 5"). ( os Matthew C. G. Boyle City Attorney II Exhibit "A" - Location and Zoning Map 909 1001 1003 1005 1007 5606' hi i J 5609 58040` 5607 43303 1 5605 1008 1008 1008 inct, Q i-,4,'" r., 5603 5601 AG U ' .:" T 1 5 r/ I' 1009 1 3 5514 al-)0 , C}aJ e I Yyy;yy 1:..1 F.2ah O v 4 AG t,.1 on 5301 E C NI 5343 5232 s 1104 N' : ‘-.., --.1.., t :;% CPQ,$/0IL, 5301 emx Yw 5204 ) r ,.., t yy,,,,...„, w(im 11.11migiii:16411,ms. C11x IINILlii"iidlgiiNNE mom 1611111111111.111111•r Exhibit "B" — Conceptual Site Plan s` ti La99.Ii I Ct rc1=S4iOi39"E BB C9 C'HL!RCH SI EET NAKIA8LE 4(11.I UCHT Cf Af'' LCT I, LINT)h x3171)f IN 1C 0 ;`_,-- y/ F 11 C A9IVE A R 4. T LITE <:16fi CIA r caM 1'tgkNAE J"• S LSE MEDICAL 3FFICE Y JL +tsi1 oA E ?E7+[1Fi- 7 —. 5114 E 4CS M! ' L WRIT! EEI C [E,i r tr'14r CABINET A,SLF...2f137.1.,,l'7 TF.T a i n 1111 u. T. It I 1, H aFh iiC Er .•1E X t a— e I I ? E rr I a AC-I r1,_,.,rf__.. L. xaxnz svfnT zi U BAYLOR 1 I 1 n cnR Iv+ I I FMERGfNCY 1.1 t L ISFI`INT 14 71 T H..H H \ l 1 MEDICALCEMERFvY1E1VILLEA.IT*4 117 VOLT:ME I .._,PAGE v I 11 f:' Ti I I :i ERECT iiµ._dEL F d 4•- 5:Q ry F—a l L 8 I 40l rJC4 MEVII_ I J 97.911. I L`. mP,.KTJ4 A-.ESS G2HEAT- Ik mss IJ 'i I.T In 4, i +4 ,? ._...d A t' ., rFI Y. _-'`' fM.> N i;Y tH nT - i .,E A..T11TT fAtEJE+i P L A.:E:i•EA'EvE,i tl IRF:I'L J'B Sn.ewEr.,s1cE ISO POINT Of J IA a:rn.'r. awT.^T BEGINNING FIR:i13AE-I1'T HI.;NCR or'.OLLEYVILLE A:CITIN CAITNET A,TiLCE};E21 7TNEC 1111 WaE: CIAL1RCH Exhibit "C" —Statement of Planning Objectives Statement of PlanningObjectives The objectiveof this Special Use Permit request is to allow a hospital use on the subject property currently zoned Village Retail(CC1). The Baylor Health Care System has selected Colleyville as a market to construct a new 16,165 square foot hospital facility. This small, boutique hospital will include 7 exam room beds and8 inpatient beds. Approximately 30-40associates will be employed at the new facility. Each associate may participate in a comprehensive medical plan along with other competitive benefits. Baylor Emergency Medical Center brings an efficient and patient centered approach to the delivery of emergency care. On average, Baylor Emergency Medical Center patients see an ER physician within 15 minutes of check-in. Our facility will be staffed with a board certified ER physician 24 hours a day,7 days a week. Services at this facility will include: High quality care,24 hours a day,7 days a week. Our facility never closes. ER lab results in under 15 minutes on average. On site X-ray and CT facilities. Certification at the highest level of emergencyroom medicine. Approximately 25 patients will visit the facility each day. 75%of those patients are located within 18 minutes of this facility. The following preliminary construction schedule has been established by the design team: Permit Submittal Date: June,2013 Construction Start:August, 2013 Building Turnover: March,2014 Opening: May,2014 Althoughthis Baylor facility will haveno Sales Tax impact as we are selling medical services and not equipment or goods,our estimated annual revenue is projected to be$6,000,000-$9,000,000. The estimated development cost will be approximately$10,000,000. This facility isa for-profitentity and therefore will be subject toproperty and personal property taxes. Our facility will enhance the City's objective of becoming a medical center for the region. A vacant Baylor Family Care facility currently existson the southern portion of this property. This facility will be demolished as part of the site improvements. We respectfully request the City allow a hospital use on this property. Exhibit "D" Exterior Elevations and Renderings RI PE I lout - YEW .6.18 11. 1 iii 1 M w 771M i —1; —1; III amen see., Mir11 r" Colleyville-Exterior Elevations EMERUS- Wilke Exhibit "D" Exterior Elevations and Renderings - Continued s 2'7'"w"t *, s k ,v b s n v m,--;,,,,-' 41;."..,,,,,`,-,.,, t.A:-.:;c,:',,...,..-,,,',%; a,':ili".,ASSI-,-4;&47: 4'`11:#$, ,,,,.,,, ,,,,.:°.:-? 6er.,,tiAt,,,"°„ ti,„.,..74% ‘. ,-„,,,,,,%._,__„,,,,,,...,,- Colleyville-Perspective EMERUS wuke Chapter 5 Tree Preservation (11/04/2009) Section 5.1 Purpose of This Chapter The intent of this Chapter is to encourage site planning which furthers the preservation of trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long term viability of existing trees; and to control the removal of trees when necessary. It is the further intent of this Chapter to achieve the following broader objectives: Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of the City. Protect and increase the value of residential and commercial properties within the City. Prohibit the indiscriminate clear cutting of property. Section 5.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 5.3 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 – General Provisions of this Land Development Code. Section 5.4 Definitions Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development Code. Section 5.5 Tree Removal Permit No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy through damaging the roots, trunk or canopy, any tree situated on property regulated by this Chapter without first obtaining a tree removal permit, unless otherwise exempted by the provisions of this Chapter. Page 5-1 Section 5.6 Applicability The terms and provisions of this Chapter shall apply to real properties, persons and trees as follows: A. Properties which are regulated by this Chapter: 1. Any real property upon which any protected tree is located. 2. Any property for which a final plat has not been submitted on the date of this Chapter. 3. Any property for which construction plans have not been submitted on the effective date of this Chapter. 4. All municipal / public domain property. Section 5.7 Submittal, Review and Approval Process and Administrative Procedures The Administrative Official is responsible for the review and approval or disapproval of all requests for tree removal permits. The request shall be submitted in accordance with the requirements specified herein. A. Tree Removal Permit: A request for a tree removal permit must be submitted and approved prior to the removal of any tree. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a tree removal permit has been issued. B. Fees: All tree removal permits shall be accompanied by a check made payable to the City of Colleyville in the amount established by the schedule of fees approved by the City Council. C. An application involving a limited portion of a site may be based on an exhibit showing only that portion of the site. D. Aerial photographs interpretation may supplant the ground survey for preliminary analyses of large scale developments, such as subdivisions, utility corridors and golf courses, at the discretion of the Administrative Official. E. Any tree removal permit request that requires the removal of a protected tree shall be accompanied by a tree preservation plan. F. The items required on a tree preservation plan shall include but not be necessarily limited to: 1. Title Block: includes street address; legal description (lot and block, subdivision name); date or revised date, north arrow; graphic (and written) scale; name, address, telephone number of owner and of person preparing the exhibit. 2. Location of all existing or proposed structures, improvements and site uses including pavement and landscaping, setback, easements and service connections, all properly dimensioned and referenced to property lines, Page 5-2 3. Existing and proposed site elevations, grades and major contours. Construction details of permanent grade changes around all trees. 4. Location of trunks and canopies of all existing trees, graphically differentiating between the trees to remain and those to be removed. A plus (+) character shall indicate trunk location and concentric circle shall indicate the size and canopy configuration. 5. Proposed general areas or locations of the replacement trees. 6. Locations of all critical root zones as defined in Chapter 2 - Definitions. G. Tree information required shall be summarized in tabular form on the preservation plan (see example below) and shall include: 1. The list of trees to be removed. 2. The total diameter of trees to be removed. 3. Replacement trees listed by species name, quantity, size and total diameter required for replacement of trees. (See Section 5.13 for replacement tree list.) Example of Tree Survey and Mitigation Table to Be Inserted on Preservation Plan Tree Species Number of Trees on Site Total Caliper Inches Number of Exempt Trees Removed Caliper Inches Exempt to be Removed Number of Non- Exempt Trees Removed Caliper Inches Non- Exempt to be Removed Replacement Trees to be Planted (3" Caliper) Red Oak 12 108 3 42 1 12 4 Post Oak 35 350 18 168 2 24 8 Cedar 10 89 1 12 0 0 0 Pecan 5 75 0 0 5 75 25 TOTAL 62 622 22 222 8 111 37 H. Tree protection notes and details shall be included on site plans, subdivision plans or landscape plans and always included with the bid documents given to the contractor. (See Section 5.12) I. Appeals: Any decision made by the Administrative Official with regard to a request for a tree removal permit may be appealed by any party to the Planning and Zoning Commission. All actions of the Commission shall be final. J. Permit Validity: Permits for tree removal issued in connection with a building permit, subdivision plan and site plan shall be valid for the period of that building permit's or site plan's validity. Permits for tree removal not issued in connection with a building permit, subdivision or a site plan shall become void ninety (90) days after the issue date on the permit. Page 5-3 Section 5.8 Tree Preservation Requirements A. Minimum Existing Tree Preservation Requirements: When any new construction occurs, there shall be a minimum number of trees protected on the property. For new residential subdivisions, the entire boundary of the subdivision shall be considered as one property for the purpose of this section. The chart below shall be used to determine the minimum protection requirements: Existing Tree Coverage Preservation Requirements: Percentage of existing protected tree coverage Minimum percentage of the existing protected tree coverage to be preserved 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% Protected trees located within any of the exempted areas specified in section C below may be credited toward the minimum existing preservation coverage requirements in the above table such that no more than 50% of the existing protected trees may be credited within an exempt area. NOTE: The minimum preservation coverage requirements listed above may not be mitigated for as described in Section 5.10. B. Preservation of Heritage Trees: Heritage Trees, as defined in Chapter 2 - Definitions, may not be classified as exempted trees, regardless of whether or not they are located in an exempted area as defined in the sections below. C. Exempted Areas, Persons and Tree Species from preservation requirements: 1. New Residential Subdivisions with Street Dedications: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Rights-of-way of newly dedicated streets Page 5-4 b. Easements c. Residential setback envelope d. NOTE: When submitting a new residential subdivision plat, the Planning and Zoning Commission may evaluate whether an alternate street layout and grading plan which complies with all City subdivision standards would result in substantially greater tree preservation. In the event such an alternate layout is determined by the Commission to be a reasonable use of the land then the applicant may substitute said alternative plan without being required to submit a new Preliminary Plat application. If, however, the applicant does not substitute said alternate layout or another acceptable plat to the Commission, failure of the applicant to do so shall be a basis for denial of the applicant's application. 2. Platted Residential Lots: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Residential setback envelope 3. Platted Commercial Lots: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Trees located within the new commercial building footprint. 4. Exempted Tree Species: The following tree species shall be exempt from the tree preservation requirements of this chapter: a. Mesquite b. Hackberry c. Chinese Tallow 5. Exempted Persons: The following persons are exempt from the provisions of this Chapter only to the extent of their control over the particular class of properties and trees described below. Persons exempt from the provisions shall not be required to obtain tree removal permits. a. An employee of the City of Colleyville, a public utility or an authorized contractor working in a dedicated public right-of way may in the course of business, remove or prune that portion of a tree which prohibits the safe construction, repair or maintenance of a service line or facility. b. The resident of a single family home may remove all or a portion of a tree which exists on the lot of record on which the single family home is built. c. A property owner or his authorized contractor, employee or tenant may remove a tree which has become severely diseased or damaged to the extent that it is beyond the point of recovery or is in danger of falling, as determined by the Administrative Official. d. All landscape nurserymen shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the nursery premises which are planted and grown for the sale or intended sale to the general public. Page 5-5 e. Any person may remove all or a portion of a tree which has disrupted a public utility service due to tornado, storm, flood, or other act of God, but only that portion of the tree which is necessary to safely restore normal utility service. f. The following persons shall be exempt from the tree replacement provisions of this Chapter. However, such persons shall provide tree protection and replacements as per this Chapter for all remaining trees in non-exempt areas. (1) A person performing work authorized by a building permit in the residential buildable area. (2) A person performing work authorized by an approved site plan in the commercial building footprint. (3) A person performing work authorized by the approved grading and drainage plan in the residential setback envelope. (4) An employee of the City of Colleyville, a public utility or a person performing work authorized by an approved subdivision plat or a separate dedication instrument in a dedicated public right-of-way, drainage or utility easement. Section 5.9 Tree Protection A major purpose of this Chapter is to protect all trees which are not removed and to allow approved construction to occur. The following procedures shall apply to all types of construction projects which involve development around trees. The following procedures are deemed appropriate in the situations noted; however, unique circumstances may allow modifications if deemed necessary by the Administrative Official. A. Prohibited Activities: The following activities shall be prohibited with the limits of the critical root zone of any tree which is subject to the requirements of this Chapter. 1. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any tree. 2. Equipment Cleaning / liquid disposal: No equipment may be cleaned or other liquids deposited within the limits of the critical root zone of a tree. This would include but not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. 3. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature shall be attached to any tree. 4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is allowed within the limits of the critical root zone of trees. B. Pre-Construction: The ensuing procedures shall be followed prior to construction. 1. Tree Flagging: All trees to be removed from the construction site shall be flagged with bright red vinyl tape wrapped around the main trunk at a height of four feet (4’) or more such that the tape is visible to workers on foot or driving equipment. 2. Protective Fencing: All protected trees shall have protective fencing located at the tree's critical root zone. The protective fencing may be comprised of snow fencing, orange vinyl construction fencing, chain link fence or other similar fencing with a four- Page 5-6 foot (4’) approximate height. The protective fencing may be located within the critical root zone of the specimen tree for approved construction only. The fencing shall follow the delineation of the approved construction. In order to protect the trunk, the trunks of all protected trees shall be wrapped with orange vinyl construction fencing such that the trunk will be easily visible during construction activities. 3. Bark Protection: in situations where a tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk with lumber encircled with wire or other means that does not damage the tree. 4. Construction Pruning: In a case where a low hanging limb may be broken during the course of construction, the obtrusive limb may be cut. The limb shall be cut either flush to the trunk on or at the next joint of the limb. The wound shall then be sealed with pruning paint. In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of the entire canopy without the Administrative Official's prior approval. C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that trees slated for preservation have some encroachment on their critical root zone, as defined in Chapter 2 - Definitions. The following is the minimum design criteria, which is allowed within the critical root zone of a tree. Development exceeding the criteria would put the tree at risk and therefore no longer be considered a preserved tree. In such a case replacement trees shall also be required. 1. Grade Changes: In the event that grade changes must be made around a tree or group of trees, the following shall be implemented in order to maintain oxygen and water exchange within the tree's critical root zone. a. A minimum of seventy-five percent (75%) of the critical root zone must be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a preserved tree. b. No cut or fill greater than two inches (2”) shall be located closer to the tree trunk than one half (1/2) of the radius of the critical root zone radius distance. c. Increase Grade: Provide an aeration system just outside the tree's critical root zone. A dry well located a minimum of one-half (1/2) of the radius of the critical root zone. d. Decrease Grade: Provide retaining walls outside the critical root zone to mitigate cuts. 2. Boring of Utilities: May be permitted under protected trees in certain circumstances. The minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth of forty-eight inches (48”). 3. Trenching: irrigation systems shall be designed to avoid trenching across the critical root zone of any tree. 4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree may be covered with impervious paving. The pavement and the cut and fill for the pavement is to not exceed one-half (1/2) of the critical root zone radius distance. Page 5-7 Section 5.10 Mitigation and Violations Any protected tree which is six inches (6”) or greater that is removed, destroyed or more than 50% damaged and does not meet the exemption provisions of this chapter shall be mitigated per the requirements of this section. In the event that the loss of a protected tree requires mitigation, the party responsible for mitigation shall either replace the protected tree(s) by planting new trees, pay a mitigation fee or a combination of both. For the purpose of this Chapter, trees removed within any City right-of-way or other City owned property by anyone not exempted by Section 5.8(C)5 shall be mitigated per the requirements of this section and other applicable City ordinances. The mitigation authorized by this section is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated. A. Mitigation Through Planting New Replacement Trees: A sufficient number and diameter of replacement trees shall be planted in order to equal the total diameter inches or fraction thereof of trees six inches (6”) or greater and slated for removal. 1. Replacement trees shall be a minimum of three inches (3”) diameter when measured one foot (1’) above the soil line and a minimum of eight feet (8’) in height when planted. Examples- a. A total of 18” diameter to be removed shall be replaced with 6 – 3” diameter trees. b. A total of 19” diameter to be removed shall be replaced with 7 – 3” trees or 5 – 3”, trees and 1-4” tree. 2. All replacement trees shall be a species listed on the replacement tree list and guaranteed for one year from the date of the final inspection and acceptance of the project. 3. The location of replacement trees is restricted from utility easements and rights-of- way. The location shall not be in an area such that the mature canopy of the tree will interfere with overhead utility lines. No trees shall be planted within ten feet (10’) of a fire hydrant. 4. Replacement trees should be planted on the site from which existing trees are to be removed. If this is not feasible, an applicant may initiate a proposal to plant trees off- site. This may be approved if the planting site is no more than one-half mile from the site where the original trees were removed. 5. Replacement trees shall be planted prior to the issuance of the certificate of Occupancy or project release. Optimum planting times do not always correspond to project completion. For that reason, replacement tree plantings may take place after the project is released by the City; provided, that before project release, a fiscal security is posted in the amount equal to the prevailing rate for installed trees with a one (1) year guarantee, plus fifteen percent (15%) to cover administrative cost. B. Mitigation Through Payment of Fee: A monetary fee of $250.00 per diameter inch of the tree(s) removed or damaged shall be assessed and paid to the City of Colleyville. All mitigation fees shall be deposited into the City’s Tree Preservation Fund. Page 5-8 C. Mitigation of Heritage Trees: Heritage Trees, as defined in Chapter 2 – Definitions and noted in Section 5.8: 1. A monetary fee of $500.00 per diameter inch of the Heritage Tree removed or damaged shall be assessed and paid to the City of Colleyville and deposited into the City’s Tree Preservation Fund, or; 2. If replacement trees are to be planted, the total amount of replacement inches to be planted shall be in an amount that is twice the diameter inches of the Heritage Tree(s) removed and shall, otherwise, meet the requirements of Section A above. D. Colleyville Tree Preservation Fund: All mitigation fees shall be paid into the Colleyville Tree Preservation Fund. The fund shall be administered by the City Manager or his/her designee and shall only be used for the planting of new trees on City owned or leased properties, rights-of-way and other public properties such as public schools, county and State properties located within the City of Colleyville. E. Penalty for Violation: Any person violating or failing to comply with any provision or requirement of this Chapter, including but not limited to the mitigation requirements of this section, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount of $2,000.00. A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. F. If any protected tree dies within three (3) years of the issuance of the certificate of occupancy, final inspection or acceptance of public improvements and is brought to the attention of the city manager or his/her designee, the original permit applicant shall be subject to the replacement/mitigation requirements for protected trees per this section. Section 5.11 Replacement Tree List The following is the list of appropriate and approved replacement trees which have been selected on the basis of their suitability in the urban environment of North East Tarrant County. REPLACEMENT TREE LIST SCREENING TREES ORNAMENTAL TREES MEDIUM AND LARGE TREES PALMS ARBORVITAE BLUE POINT JUNIPER AMERICAN ELM CALIFORNIA FAN PALM BLUE POINT JUNIPER CAROLINA BUCKTHORN ARISTOCRAT PEAR MEXICAN FAN PALM CHINESE PHOTINIA CAROLINA CHERRY LAUREL ARIZONA CYPRESS NEEDLE PALM CAROLINA CHERRY LAUREL CRAPE MYRTLE BALD CYPRESS SABAL PALM EAST PALATKA HOLLY DECIDUOUS HOLLY BOIS D' ARC WINDMILL PALM EASTERN RED CEDAR DESERT WILLOW BUR OAK LITTLE GEM MAGNOLIA EAST PALATKA HOLLY CEDAR ELM NELLIE R. STEVENS HOLLY FIG CHINESE PISTACHE SAVANNAH HOLLY ITALIAN CYPRESS CHINQUAPIN OAK WAX MYRTLE JAPANESE MAPLE DEODAR CEDAR YAUPON HOLLY LACEY OAK EASTERN RED CEDAR MEXICAN BUCKEYE EVE'S NECKLACE NELLIE R. STEVENS HOLLY FOREST PANSY REDBUD OKLAHOMA REDBUD GINKGO BILOBA Page 5-9 SAVANNAH HOLLY LACEBARK ELM SUMAC LITTLE GEM MAGNOLIA TEXAS MOUNTAIN LAUREL LIVE OAK VITEX PECAN WAX MYRTLE PERSIMMON YAUPON HOLLY SHANTUNG MAPLE SHUMARD RED OAK SOUTHERN MAGNOLIA Section 5.12 Construction Plan Requirements The following notes shall be required as a part of all construction plans. 1. All trees shown on this plan to be preserved shall be protected during construction with temporary fencing. Tree protection fences shall be installed prior to the commencement of any site preparation work (clearing, grubbing or grading). 2. Fences shall completely surround the tree or clusters of trees. The fence shall be located at the outermost limits of the tree branches or critical root zone. The fence will be maintained throughout the construction project in order to prevent the following. A. Soil compaction in the critical root zone resulting from vehicular traffic or storage of equipment or materials. B. Critical root zone disturbances due to grade changes greater than two inches (2”) cut or fill or boring which was not authorized by the City. C. Wounds to the trunk, limbs or exposed roots by mechanical equipment. D. Other activities detrimental to trees such as chemical storage, cement trunk cleaning, and fires. 3. In cases of area constraints where the protective fence is closer to the trunk than four feet (4’), the trunk must be protected with strapped-on planking to a height of eight feet (8’) or to the limits of the lower branching. 4. All grading within critical root zones of protected trees shall be performed by hand or small equipment to minimize damage. Prior to grading, relocate the protective fencing to two feet (2’) behind the grade change area. 5. Trees most heavily impacted by construction activities should be watered deeply once a week during periods of hot and dry weather. Tree crowns should be sprayed with water periodically to reduce dust accumulation on the leaves. 6. Trenching for landscape irrigation shall be located as far from the existing trunks as possible. 7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before construction begins. Page 5-10 Section 5.13 Amendments Reserved for listing of amendments to this Chapter. Ord. Number Date Subject O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of consultant Page 5-11 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3d Agenda Date 05/12/2014 Number Type Regular Agenda Items Department Community Development Title Request for a vacating plat on Lot 13-R, Block 8, of the Oak Crest Hills Addition located at 313 Oak Valley Drive, Case PC14-008 Explanation This plat request was denied by the Planning and Zoning Commission at the request of the applicant at the April 14, 2014 Planning and Zoning Commission meeting in order to allow the applicant to return with a new plat application showing a modified request. The modifications from the previous plat are as follows: - The applicant is showing a 12.5 right-of-way dedication for Bransford Road, which is 2.5 less than the15 foot dedication requirement. - The applicant is showing a ten foot side yard setback from Bransford Road, which is 20 feet less than the 30 feet required. The remainder of the briefing remains unchanged from the April 15, 2014 briefing except where the above conditions are addressed. Ryan Panno, the applicant, is requesting approval of a vacating plat in order to revert Lot 13R, Block 8, Oak Crest Hills Addition to the original four single family lots on 2.496 acres, located at 313 East Oak Valley Drive approved as part of the original Oak Crest Hills Addition plat on April 12, 1966 (attached). The applicant is requesting the vacating plat in order to construct four single family detached homes on the subject property. The subject property fronts East Oak Valley Drive and Bransford Road and is currently vacant. The property was previously the site of the Colleyville City Hall building before the current City Hall was constructed. Zoning. The subject property is zoned R-20-Single Family Residential district. Lot Dimensions and Setbacks. The R-20-Single Family Residential zoning regulations require a minimum lot size of 20,000 square feet with a minimum lot width of 100 feet, and lot depth of 125 feet. Per Section 3.24 G, Schedule of District Regulations, the following residential zoning standards apply: Minimum Front Yard Setback: 30 feet Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 2 Minimum Side Yard Setback: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 30 percent Although the lot widths are slightly less than 100 feet at the front property lines along East Oak Valley Drive, they are 100 feet in width at the 30 foot front building line. According to the Land Development Code, lot width is measured at the front building line. History of Property. The subject properties were replatted, per the attached replat, on August 26, 1985 in order to place the City Hall building on the property. The City Hall building was then demolished in 2003 given the opening of the current City Hall building at 100 Main Street. The property has been vacant since 2003. On December 17, 2013, the City Council approved the sale of the subject property to the applicant under Resolution R-13-3697 (attached). Among other conditions, the sale of the property is contingent upon the approval of a vacating plat for the property. Request for Waivers. The applicant is requests to dedicate 12.5 feet of right-of-way for Bransford Road, rather than the required 15 feet. Bransford Road is designated as a Major Collector (Four Lane) on the Master Thoroughfare Plan, which requires 80 feet of right-of-way. Therefore, as part of the platting process, 40 feet of right-of-way is required to be dedicated west of the centerline of Bransford Road for the subject property. When the original plat was approved, Bransford Road required only a 50 foot right-of-way. The reason for the waiver request is that, although the plat is a vacating plat and is proposing to bring back the original lot configuration, the plat must meet all current Land Development Code requirements. Given that an established 30 foot front setback exists along Bransford Road for properties primarily to the south of the subject property, the applicant is required to indicate a 30 foot setback along Bransford Road given the R20 front yard setback requirement of 30 feet. The applicant is requesting a waiver to this requirement and shows a 10 foot setback along Bransford Road. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey, preservation and mitigation plan is required upon approval of the final plat for the property. Summary. The Oak Crest Hills Addition Vacating Plat complies with the requirements of the Land Development Code with the exception of the right-of-way dedication requirement for Bransford Road and building setback along Bransford Road. Given the waiver request, staff recommends denial due to technical non-compliance with the Land Development Code. Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 3 Recommendation Denial Attachments 1.Location and Zoning Map 2.Aerial 3.Vacating Plat Exhibit 4.April 14, 2014 Vacating Plat Denied by Planning and Zoning Commission 5.Oak Crest Hills Final Plat 6.Oak Crest Hills Replat Lot 13-R 7.Resolution R-13-3697 BR A N S F O R D R D TIMBERLINE DR N FIELD ST EUDALY DR E OAK VALLEY DR 309 400 217 309 213 404 5318 308 400 509 216 300 509 401 313 505 500 412 407 212 513 301 316 504 304 511 5314 505 312 209 313305 405 304 512 208 503 501 501 404 205 408 504 508 512 5316 508 204 305 500 308 SubjectProperty ÜLegend AG Agricultural CC-1 Village Retail CC-2 Shopping Center CC-3 Highway Commercial CN Neighborhood Commercial CP0 Professional Office ML Light Manufacturing PUD-C Planned Unit Development, Commercial PUD-R Planned Unit Development, Residential R-10 Single Family Residential (10,000 sq. ft. min) R-15 Single Family Residential (15,000 sq. ft. min) R-20 Single Family Residential (20,000 sq. ft. min) R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) R-MF Multi-Family Residential RD Two Family Residential RE Single Family 'Estate' Residential Location and Zoning Map BR A N S F O R D R D TIMBERLINE DR N FIELD ST EUDALY DR E OAK VALLEY DR 309 400 217 309 213 404 5318 308 400 509 216 300 509 401 313 505 500 412 407 212 513 301 316 504 304 511 5314 505 312 209 313305 405 304 512 208 503 501 501 404 205 408 504 508 512 5316 508 204 305 500 308 SubjectProperty Ü Aerial Va c a t i n g P l a t E x h i b i t April 14, 2014 V a c a t i n g P l a t D e n i e d b y P l a n n i n g a n d Z o n i n g C o m m i s s i o n Oa k C r e s t H i l l s F i n a l P l a t Oak Crest Hills Replat Lot 13-R RESOLUTION R-13-3697 A RESOLUTION APPROVINGCITY COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 17, 2013 WHEREAS, following discussion in Executive Session, and in full accordance with therequirements of the Open MeetingsAct, the City Council determines that the following action is in the best interests of the health, safety and welfareof the public; and WHEREAS, the City solicited sealedbids for the potential sale of a parcel of land owned by the City of Colleyville, consisting of 2.5 acres, located on Lot 13R, Block 8, of the Oak Crest Hills Addition, 313 Oak Valley Drive; and WHEREAS, the minimum bid requirement was $834,000, an amount which exceeds the City's appraised value for the parcel; and WHEREAS, the City opened sealed bids on Monday, December 9, 2013, at 2:00 p.m. and the highest bid for the parcel was in theamount of 836,460. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the above findings arefound to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT the sale of the parcel on Lot 13R, Block 8, of the Oak Crest Hills Addition, 313 Oak Valley Drive, in the amount of$836,460, to Gary Panno Inc., is hereby approved. Sec. 3. THAT the city manager is authorizedto execute all associated documents for the transaction. AND IT IS SO RESOLVED. Resolution R-13-3697 Page 2of2 APPROVED BY A VOTE OF 1 AYES, 0 NAYS AND D ABSTENTIONS ON THIS THE 17TH DAY OF DECEMBER 2013. TTEST: CITY OF COLLEYVILLE S YI Amy 0 elle TRMC Davi Kelld Y City Secretary Mayor City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4a Agenda Date 05/12/2014 Number Type Regular Agenda Items Department Community Development Title Approval of the updated bylaws for the Planning and Zoning Commission Explanation Update Based on the Planning and Zoning Commission's recommendations made at the April 14, 2014 meeting, staff has clarified the difference between an open and closed meeting; the Planning and Zoning Commission Chairman may recommend an extension of speaking time for the applicant; the Planning and Zoning Commission may direct questions following the rebuttal; and staff has renumbered the updated sections accordingly. The mark-up and final bylaw documents are attached to this agenda briefing. All boards, commissions and committees were asked to review and update their current bylaws and to submit them in a new uniformed template provided by the City Secretary's office. Since the Planning and Zoning Commission did not have specific bylaws outlined, staff has incorporated the approved Rules of Procedure (attached to this agenda briefing) into this new bylaw template. The proposed bylaws for the Planning and Zoning Commission is attached for the consideration of approval. Once approved, the new bylaws will be presented to City Council for their approval. Attachments 1.Planning and Zoning Commission Rules of Procedure 2.Initial Proposed Planning and Zoning Commission Bylaws 3.Bylaw Mark-ups from the April 14, 2014 Planning and Zoning Commission Meeting 4.Final Planning and Zoning Commission Bylaws RULES OF PROCEDURE PLANNING AND ZONING COMMISSION OF THE CITY OF COLLEYVILLE, TEXAS ARTICLE I – DECLARATION OF POLICY It is hereby declared to be the policy of the Planning and Zoning Commission of the City of Colleyville, Texas that members are appointed to serve the City of Colleyville and the community. Members of the Commission are to attend and participate in the proceedings of the Commission. The Commission shall conduct itself in accordance with all applicable law. ARTICLE II - ORGANIZATION Section A. Officers. The officers of the Commission shall be a Chairman and a Vice-Chairman. The membership of the Commission shall be in accordance with Article XI, Section 11.01 of the Charter of the City of Colleyville. The Commission shall elect its Chairman and Vice-Chairman from among its members once a year, at its first regular meeting following the appointment of its new members, or as deemed necessary. 1. The Chairman shall preside at all meetings. The Chair shall rule on all procedural matters, subject only to being over-ridden by the contrary vote of 4 Commission members. The Chairman shall call special meetings as may be needed for the orderly conduct of the business of the Commission. The Chairman also signs the minutes of each meeting of the Commission and all Plats. 2. The Vice-Chairman shall preside at commission meetings in the absence of the Chairman and shall fulfill all the duties of the Chairman. Should the Chairman resign, or that office become vacant for other reasons, the Vice-Chairman shall act as Chairman until election of a new Chairman. 3. The Commission shall appoint a Recording Secretary to record the minutes of the proceedings of every meeting. The appointment shall be made at time of re-election of officers. ARTICLE III - MEETINGS Section A. Arrangements 1. Time and Place. The regular meeting place of the Commission shall be in the Council Chamber in the City Hall. The Commission shall, from time to time, set a schedule for its regular meetings which shall not occur less frequently than once a month. Special meetings may be called by the Commission or by its Chairman. All meetings shall be open to the public. 1 2. Quorum. Four (4) members present shall be necessary to constitute a quorum of the Commission. 3. Preparation. The Chairman shall secure from staff all such materials and analyses as may be useful to the Commission in considering any matter before it. 4. Work Session. Work sessions of the Commission shall be at the call of the Chairman. The meeting place for work sessions shall be at the discretion of the Chairman. All work sessions shall be open to the public. 5. Representation. Any person seeking a change in zoning or presenting any other matter to the Commission shall appear before the Commission in person, by agent, or by attorney. .6. Except as legally permitted executive sessions discussions, all deliberations of the Commission shall be conducted, and all of its decisions shall be made, at a meeting that is open to the public. Section B. Conduct of Meeting. 1. Hearings. a. The Chairman shall call for each application or proposal. The Chairman shall read the public notice and request staff to present the facts on the application or proposal. The Chairman will subsequently open a public hearing. b. The applicant and any experts, invited by the applicant, of said application shall have up to 20 minutes to present their case for adoption of their application. c. The Commission shall hear other interested parties, individually and separately. Each person shall be allowed no more than five (5) minutes to address the Commission. No questions nor debate shall be permitted during the public hearing. d. The applicant shall be permitted up to a five (5) minute rebuttal. e. Following the rebuttal, the Commission may direct questions to the applicant, proponents, opponents or staff. f. The Chairman may request a recommendation from the city staff. g. The public hearing shall then be closed by the Chairman after which the applicant or citizens may NOT present additional testimony unless the public hearing is reopened by the Commission. Section C. Voting Procedure. 2 1. To call a measure for vote requires a motion being made and the same motion being seconded. Once made and seconded, debate shall follow. Once made and seconded, a motion can only be disposed of by a vote of the Commission, unless both the movant and the second agree to either revise or withdraw the motion. 2. When the question is put to a vote, the Chairman shall call the roll with each member answering "Aye," or "Nay," or "Not Voting." Consistent with the City Charter, the affirmative vote of at least 4 members of the Commission is required to take any action. Any member of the Commission “Not Voting” shall give a statement of his reason for not voting. On completion of the roll call, the Chairman shall announce the results and the effect of the motion. 3. The Planning and Zoning Commission shall comply with all applicable conflict of interest laws. 4. Members shall not leave the meeting table to discuss pending matters with members of the audience, nor shall members of the audience discuss matters with individual Commission members during the meeting. ARTICLE IV - AMENDMENTS These rules of procedure may be amended after introduction of the proposed amendment at a regular meeting and voted upon at the next meeting and shall become effective upon an affirmative vote of the Commission. ~~ PASSED AND APPROVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF COLLEYVILLE ON THE 2nd DAY OF November, 2006. (AMENDED THE RULES OF PROCEDURE PREVIOUSLY APPROVED ON THE 27TH DAY OF JULY, 1987, and amended on October 23, 2000.) ~~ ADOPTED: ATTESTED: Signed: Jeff Byerly Signed: Amy Shelley ___________________________ ___________________________ Chairman Board Secretary Filed in the Office of the City Secretary this __27___ day of ___November _, 2006. Signed: Cynthia Singleton ___________________________ City Secretary 3 INITIAL PROPOSED PLANNING AND ZONING COMMISSION BYLAWS ARTICLE I – Identification and Purpose The Planning and Zoning Commission was established by the City Council of Colleyville, Texas, by Ordinance 08 on May 18, 1956; however, several amendments to this ordinance have been approved and codified through the Colleyville City Charter and the Colleyville Code of Ordinances. The purpose of the Planning and Zoning Commission is to act as an advisory board to the City Council relating to all physical development, proposed changes to zoning, the platting and/or the subdividing of land in the City. ARTICLE II – Membership 2.1 The Planning and Zoning Commission shall consist of seven (7) members, who shall be appointed by the City Council for a two (2) year term; three (3) members shall be appointed each odd-numbered year and four (4) members shall be appointed each even-numbered year. Places on the Planning and Zoning Commission shall be numbered one (1) through seven (7). 2.2 Members must be residents of Colleyville, Texas, unless City Council waives the residency requirement. 2.3 Members shall serve without compensation and until their successors are appointed. 2.4 Vacancies created by resignation, removal by vote of a majority of the City Council, or by any other reason, shall be filled by the City Council for the remainder of the term. 2.5 If a member of the Planning and Zoning Commission fails to maintain a seventy-five percent (75%) attendance record for all regularly scheduled meetings, the Chairman or staff liaison, will notify the City Secretary. City Council may, at its discretion, declare a vacancy, advertise the open position, or appoint a replacement without advertising. Planning and Zoning Commission Bylaws Page 2 of 6 ARTICLE III – Officers 3.1 The officers of the Planning and Zoning Commission shall be the Chairman and the Vice-Chairman. 3.2 The Planning and Zoning Commission shall elect the Chairman and Vice- Chairman from among the members once a year, at the first regular meeting following the appointment of the new members, or as deemed necessary. 3.3 The Chairman shall preside at all meetings and be a voting member. The Chairman shall rule on all procedural matters, subject only to being over-ridden by the contrary vote of four (4) Planning and Zoning Commission members. 3.4 The Chairman shall call special meetings and/or work sessions as may be needed for the orderly conduct of the business of the Planning and Zoning Commission. 3.5 The Chairman shall sign all plats approved by the Planning and Zoning Commission. 3.6 The Vice-Chairman shall preside at Planning and Zoning Commission meetings in the absence of the Chairman, and shall fulfill all of the duties of the Chairman. Should the Chairman resign, or that office become vacant for other reasons, the Vice-Chairman shall act as Chairman until the election of a new Chairman. 3.7 The Planning and Zoning Commission shall appoint a Recording Secretary to record the minutes of the proceedings of every meeting. This appointment shall be made at the time of the election of the officers. The Recording Secretary is usually a staff member. ARTICLE IV – Duties and Responsibilities 4.1 The Planning and Zoning Commission shall be responsible to and act as an advisory body to the City Council, and shall have and perform such additional duties as may be prescribed by ordinance. 4.2 The Planning and Zoning Commission recommends a City plan for the physical development of the City. Planning and Zoning Commission Bylaws Page 3 of 6 4.3 The Planning and Zoning Commission recommends approval or disapproval of proposed changes in the Zoning Plan. 4.4 The Planning and Zoning Commission exercises control over the platting or subdividing of land within the corporate limits of the City and outside same corporate limits to the extent authorized by state law; provided, however, this grant of authority shall not limit the City Council’s right to provide that the City Council shall have final approval of plats, as provided by state law. 4.5 The Master Plan for the physical development of the City of Colleyville shall contain the Planning and Zoning Commission’s recommendation for growth, development, and beautification of the City. A copy of the Master Plan, or any part thereof, shall be forwarded to the City Council, which may adopt this plan in whole or in parts, and may adopt any amendment thereto after at least one (1) public hearing on the proposed action. The Planning and Zoning Commission shall act on such plan, or part thereof, and again forward it to the City Council for consideration. 4.6 All amendments to the Master Plan recommended by the Planning and Zoning Commission shall be submitted in the same manner as outlined above to the City Council for approval, and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from the Planning and Zoning Commission. 4.7 Upon adoption of the Master Plan by the City Council, no subdivision, street, park, or any public way, ground, or space, public building, or structure, or public utility, whether publicly or privately owned, which is in conflict with the Master Plan shall be constructed or authorized, by the City until and unless the location and extended thereof shall have been submitted to the Planning and Zoning Commission and approved by the City Council. In case of Planning and Zoning Commission disapproval, they shall communicate their reasons to the City Council, which shall have the power to overrule such disapproval. The widening, narrowing, relocating, vacating, or change in the use of any street, alley, or public way, or ground, or sale of any public building, or real property, shall be subject to similar submission and approval of the Planning and Zoning Commission, and failure to approve may be similarly overruled by the City Council. 4.8 The Planning and Zoning Commission members will take the Attorney General Texas Open Meetings Act on-line training course, available at this link: http://www.oag.state.tx.us/open/og_training.shtml#22; or Planning and Zoning Commission Bylaws Page 4 of 6 the member may obtain a DVD of the training course from the City Secretary, and provide a copy of the Certificate of Course Completion to the City Secretary. The training must be completed no later than the 90th day, after the date the member takes the oath of office, or otherwise assumes responsibilities as a member of the governmental body. ARTICLE V – Meetings 5.1 Regular meetings shall be held not less than once a month at City Hall, located at 100 Main Street. Regular, special, or work session meeting date, time, and location may be changed as necessary. 5.2 Except as legally permitted executive session discussions, all deliberations of the Planning and Zoning Commission shall be conducted, and all of its decisions shall be made, at a meeting that is open to the public. 5.3 A majority of the members shall constitute a quorum; however, no action shall be approved with less than four (4) affirmative votes. 5.4 Meeting agendas will be posted on the City Hall bulletin boards, and the City’s website 72 hours prior to a meeting. Meeting agenda packets will be available to the public on the City’s website 72 hours prior to a meeting. 5.5 Approved meeting minutes will be included in the City Council agenda packets under Reports. 5.6 The Chairman shall secure from staff all such materials and analyses as may be useful to the Planning and Zoning Commission in considering any matter before it. 5.7 Any person seeking a change in zoning, or presenting any other matter to the Planning and Zoning Commission shall appear before the Planning and Zoning Commission in person, by agent, or by attorney. ARTICLE VI – Conduct of Meetings 6.1 The Chairman shall call for each application or proposal. The Chairman shall read the public notice and request staff to present the facts on the application or proposal. The Chairman will subsequently open a public hearing. Planning and Zoning Commission Bylaws Page 5 of 6 6.2 The applicant and any experts, invited by the applicant, of said application shall have up to 20 minutes to present their case for adoption of their application. 6.3 The Planning and Zoning Commission shall hear other interested parties, individually and separately. Each person shall be allowed no more than five (5) minutes to address the Planning and Zoning Commission. No questions nor debate shall be permitted during the public hearing. 6.4 The applicant shall be permitted up to a five (5) minute rebuttal. 6.5 Following the rebuttal, the Planning and Zoning Commission may direct questions to the applicant, proponents, opponents, or staff. 6.6 The Chairman may request a recommendation from staff. 6.7 The public hearing shall then be closed by the Chairman after which the applicant or citizens may NOT present additional testimony unless the public hearing is reopened by the Planning and Zoning Commission. ARTICLE VII – Voting Procedure 7.1 To call a measure for vote requires a motion being made and the same motion being seconded. Once made and seconded, debate shall follow. Once made and seconded, a motion can only be disposed of by a vote of the Planning and Zoning Commission, unless both the movant and the second agree to either revise or withdraw the motion. 7.2 When the question is put to a vote, the Chairman shall call the roll with each member answering “Aye,” or “Nay” or “Not Voting.” Consistent with the City Charter, the affirmative vote of at least four (4) members of the Planning and Zoning Commission is required to take any action. Any member of the Planning and Zoning Commission “Not Voting” shall give a statement of his reason for not voting. On completion of the roll call, the Chairman shall announce the results and the effect of the motion. 7.3 The Planning and Zoning Commission shall comply will all applicable conflict of interest laws. 7.4 The Planning and Zoning Commission members shall not leave the meeting table to discuss pending matters with members of the audience, Planning and Zoning Commission Bylaws Page 6 of 6 nor shall members of the audience discuss matters with individual Planning and Zoning Commission members during the meeting. ARTICLE VIII – Amendments 8.1 These bylaws may be amended by a majority vote at any regular meeting, if all members have been notified of the proposed amendment(s) 72 hours prior to such meeting. Amendment(s) must be in compliance with applicable City ordinances and the Colleyville City Charter. 8.2 The bylaw amendment(s) shall become effective upon an affirmative vote of the Planning and Zoning Commission. 8.3 Approved bylaw amendment(s) will be included in the City Council agenda packets under Consent. PLANNING AND ZONING COMMISSION BYLAWS ARTICLE I – Identification and Purpose The Planning and Zoning Commission was established by the City Council of Colleyville, Texas, by Ordinance 08 on May 18, 1956; however, several amendments to this ordinance have been approved and codified through the Colleyville City Charter and the Colleyville Code of Ordinances. The purpose of the Planning and Zoning Commission is to act as an advisory board to the City Council relating to all physical development, proposed changes to zoning, the platting and/or the subdividing of land in the City. ARTICLE II – Membership 2.1 The Planning and Zoning Commission shall consist of seven (7) members, who shall be appointed by the City Council for a two (2) year term; three (3) members shall be appointed each odd-numbered year and four (4) members shall be appointed each even-numbered year. Places on the Planning and Zoning Commission shall be numbered one (1) through seven (7). 2.2 Members must be residents of Colleyville, Texas, unless City Council waives the residency requirement. 2.3 Members shall serve without compensation and until their successors are appointed. 2.4 Vacancies created by resignation, removal by vote of a majority of the City Council, or by any other reason, shall be filled by the City Council for the remainder of the term. 2.5 If a member of the Planning and Zoning Commission fails to maintain a seventy-five percent (75%) attendance record for all regularly scheduled meetings, the Chairman or staff liaison, will notify the City Secretary. City Council may, at its discretion, declare a vacancy, advertise the open position, or appoint a replacement without advertising. Bylaw Mark-ups from the April 14, 2014 Planning and Zoning Commission Meeting Planning and Zoning Commission Bylaws Page 2 of 6 ARTICLE III – Officers 3.1 The officers of the Planning and Zoning Commission shall be the Chairman and the Vice-Chairman. 3.2 The Planning and Zoning Commission shall elect the Chairman and Vice- Chairman from among the members once a year, at the first regular meeting following the appointment of the new members, or as deemed necessary. 3.3 The Chairman shall preside at all meetings and be a voting member. The Chairman shall rule on all procedural matters, subject only to being over-ridden by the contrary vote of four (4) Planning and Zoning Commission members. 3.4 The Chairman shall call special meetings and/or work sessions as may be needed for the orderly conduct of the business of the Planning and Zoning Commission. 3.5 The Chairman shall sign all plats approved by the Planning and Zoning Commission. 3.6 The Vice-Chairman shall preside at Planning and Zoning Commission meetings in the absence of the Chairman, and shall fulfill all of the duties of the Chairman. Should the Chairman resign, or that office become vacant for other reasons, the Vice-Chairman shall act as Chairman until the election of a new Chairman. 3.7 The Planning and Zoning Commission shall appoint a Recording Secretary to record the minutes of the proceedings of every meeting. This appointment shall be made at the time of the election of the officers. The Recording Secretary is usually a staff member. ARTICLE IV – Duties and Responsibilities 4.1 The Planning and Zoning Commission shall be responsible to and act as an advisory body to the City Council, and shall have and perform such additional duties as may be prescribed by ordinance. 4.2 The Planning and Zoning Commission recommends a City plan for the physical development of the City. Bylaw Mark-ups from the April 14, 2014 Planning and Zoning Commission Meeting Planning and Zoning Commission Bylaws Page 3 of 6 4.3 The Planning and Zoning Commission recommends approval or disapproval of proposed changes in the Zoning Plan. 4.4 The Planning and Zoning Commission exercises control over the platting or subdividing of land within the corporate limits of the City and outside same corporate limits to the extent authorized by state law; provided, however, this grant of authority shall not limit the City Council’s right to provide that the City Council shall have final approval of plats, as provided by state law. 4.5 The Master Plan for the physical development of the City of Colleyville shall contain the Planning and Zoning Commission’s recommendation for growth, development, and beautification of the City. A copy of the Master Plan, or any part thereof, shall be forwarded to the City Council, which may adopt this plan in whole or in parts, and may adopt any amendment thereto after at least one (1) public hearing on the proposed action. The Planning and Zoning Commission shall act on such plan, or part thereof, and again forward it to the City Council for consideration. 4.6 All amendments to the Master Plan recommended by the Planning and Zoning Commission shall be submitted in the same manner as outlined above to the City Council for approval, and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from the Planning and Zoning Commission. 4.7 Upon adoption of the Master Plan by the City Council, no subdivision, street, park, or any public way, ground, or space, public building, or structure, or public utility, whether publicly or privately owned, which is in conflict with the Master Plan shall be constructed or authorized, by the City until and unless the location and extended thereof shall have been submitted to the Planning and Zoning Commission and approved by the City Council. In case of Planning and Zoning Commission disapproval, they shall communicate their reasons to the City Council, which shall have the power to overrule such disapproval. The widening, narrowing, relocating, vacating, or change in the use of any street, alley, or public way, or ground, or sale of any public building, or real property, shall be subject to similar submission and approval of the Planning and Zoning Commission, and failure to approve may be similarly overruled by the City Council. 4.8 The Planning and Zoning Commission members will take the Attorney General Texas Open Meetings Act on-line training course, available at this link: http://www.oag.state.tx.us/open/og_training.shtml#22; or Bylaw Mark-ups from the April 14, 2014 Planning and Zoning Commission Meeting Planning and Zoning Commission Bylaws Page 4 of 6 the member may obtain a DVD of the training course from the City Secretary, and provide a copy of the Certificate of Course Completion to the City Secretary. The training must be completed no later than the 90th day, after the date the member takes the oath of office, or otherwise assumes responsibilities as a member of the governmental body. ARTICLE V – Meetings 5.1 Regular meetings shall be held not less than once a month at City Hall, located at 100 Main Street. Regular, special, or work session meeting date, time, and location may be changed as necessary. 5.2 Public notice of meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Except as legally permitted executive session discussions, all deliberations of the Planning and Zoning Commission shall be conducted, and all of its decisions shall be made, at a meeting that is open to the public. 5.3 The Planning and Zoning Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal issues raised by public hearing or action items on the agenda. A recording or certified agenda shall be made of all closed sessions of Planning and Zoning Commission meetings. 5.34 A majority of the members shall constitute a quorum; however, no action shall be approved with less than four (4) affirmative votes. 5.45 Meeting agendas will be posted on the City Hall bulletin boards, and the City’s website 72 hours prior to a meeting. Meeting agenda packets will be available to the public on the City’s website 72 hours prior to a meeting. 5.56 Approved meeting minutes will be included in the City Council agenda packets under Reports. 5.67 The Chairman shall secure from staff all such materials and analyses as may be useful to the Planning and Zoning Commission in considering any matter before it. Bylaw Mark-ups from the April 14, 2014 Planning and Zoning Commission Meeting Planning and Zoning Commission Bylaws Page 5 of 6 5.78 Any person seeking a change in zoning, or presenting any other matter to the Planning and Zoning Commission shall appear before the Planning and Zoning Commission in person, by agent, or by attorney. ARTICLE VI – Conduct of Meetings 6.1 The Chairman shall call for each application or proposal. The Chairman shall read the public notice and request staff to present the facts on the application or proposal. The Chairman will subsequently open a public hearing. 6.2 The applicant and any experts, invited by the applicant, of said application shall have up to 20 minutes to present their case for adoption of their application. 6.3 The Planning and Zoning Commission shall hear other interested parties, individually and separately. Each person shall be allowed no more than five (5) minutes to address the Planning and Zoning Commission. No questions nor debate shall be permitted during the public hearing. 6.74 The public hearing shall then be closed by the Chairman after which the applicant or citizens may NOT present additional testimony unless the public hearing is reopened by the Planning and Zoning Commission. 6.45 As a general rule, tThe applicant shall be permitted up to a five (5) minute rebuttal; however, the Planning and Zoning Commission Chairman may recommend that the Planning and Zoning Commission allow an extension of that time. . 6.56 Following the rebuttal, tThe Planning and Zoning Commission may direct questions to the applicant, proponents, opponents, or staff, following the rebuttal. 6.67 The Chairman may request a recommendation from staff, or call for a vote. 6.7 The public hearing shall then be closed by the Chairman after which the applicant or citizens may NOT present additional testimony unless the public hearing is reopened by the Planning and Zoning Commission. ARTICLE VII – Voting Procedure Bylaw Mark-ups from the April 14, 2014 Planning and Zoning Commission Meeting Planning and Zoning Commission Bylaws Page 6 of 6 7.1 To call a measure for vote requires a motion being made and the same motion being seconded. Once made and seconded, debate shall follow. Once made and seconded, a motion can only be disposed of by a vote of the Planning and Zoning Commission, unless both the movant and the second agree to either revise or withdraw the motion. 7.2 When the question is put to a vote, the Chairman shall call the roll with each member answering “Aye,” or “Nay” or “Not Voting.” Consistent with the City Charter, the affirmative vote of at least four (4) members of the Planning and Zoning Commission is required to take any action. Any member of the Planning and Zoning Commission “Not Voting” shall give a statement of his reason for not voting. On completion of the roll call, the Chairman shall announce the results and the effect of the motion. 7.3 The Planning and Zoning Commission shall comply will all applicable conflict of interest laws. 7.4 The Planning and Zoning Commission members shall not leave the meeting table to discuss pending matters with members of the audience, nor shall members of the audience discuss matters with individual Planning and Zoning Commission members during the meeting. ARTICLE VIII – Amendments 8.1 These bylaws may be amended by a majority vote at any regular meeting, if all members have been notified of the proposed amendment(s) 72 hours prior to such meeting. Amendment(s) must be in compliance with applicable City ordinances and the Colleyville City Charter. 8.2 The bylaw amendment(s) shall become effective upon an affirmative vote of the Planning and Zoning Commission. 8.3 Approved bylaw amendment(s) will be included in the City Council agenda packets under Consent. Bylaw Mark-ups from the April 14, 2014 Planning and Zoning Commission Meeting PLANNING AND ZONING COMMISSION BYLAWS ARTICLE I – Identification and Purpose The Planning and Zoning Commission was established by the City Council of Colleyville, Texas, by Ordinance 08 on May 18, 1956; however, several amendments to this ordinance have been approved and codified through the Colleyville City Charter and the Colleyville Code of Ordinances. The purpose of the Planning and Zoning Commission is to act as an advisory board to the City Council relating to all physical development, proposed changes to zoning, the platting and/or the subdividing of land in the City. ARTICLE II – Membership 2.1 The Planning and Zoning Commission shall consist of seven (7) members, who shall be appointed by the City Council for a two (2) year term; three (3) members shall be appointed each odd-numbered year and four (4) members shall be appointed each even-numbered year. Places on the Planning and Zoning Commission shall be numbered one (1) through seven (7). 2.2 Members must be residents of Colleyville, Texas, unless City Council waives the residency requirement. 2.3 Members shall serve without compensation and until their successors are appointed. 2.4 Vacancies created by resignation, removal by vote of a majority of the City Council, or by any other reason, shall be filled by the City Council for the remainder of the term. 2.5 If a member of the Planning and Zoning Commission fails to maintain a seventy-five percent (75%) attendance record for all regularly scheduled meetings, the Chairman or staff liaison, will notify the City Secretary. City Council may, at its discretion, declare a vacancy, advertise the open position, or appoint a replacement without advertising. Final Planning and Zoning Commission Bylaws Planning and Zoning Commission Bylaws Page 2 of 6 ARTICLE III – Officers 3.1 The officers of the Planning and Zoning Commission shall be the Chairman and the Vice-Chairman. 3.2 The Planning and Zoning Commission shall elect the Chairman and Vice- Chairman from among the members once a year, at the first regular meeting following the appointment of the new members, or as deemed necessary. 3.3 The Chairman shall preside at all meetings and be a voting member. The Chairman shall rule on all procedural matters, subject only to being over-ridden by the contrary vote of four (4) Planning and Zoning Commission members. 3.4 The Chairman shall call special meetings and/or work sessions as may be needed for the orderly conduct of the business of the Planning and Zoning Commission. 3.5 The Chairman shall sign all plats approved by the Planning and Zoning Commission. 3.6 The Vice-Chairman shall preside at Planning and Zoning Commission meetings in the absence of the Chairman, and shall fulfill all of the duties of the Chairman. Should the Chairman resign, or that office become vacant for other reasons, the Vice-Chairman shall act as Chairman until the election of a new Chairman. 3.7 The Planning and Zoning Commission shall appoint a Recording Secretary to record the minutes of the proceedings of every meeting. This appointment shall be made at the time of the election of the officers. The Recording Secretary is usually a staff member. ARTICLE IV – Duties and Responsibilities 4.1 The Planning and Zoning Commission shall be responsible to and act as an advisory body to the City Council, and shall have and perform such additional duties as may be prescribed by ordinance. 4.2 The Planning and Zoning Commission recommends a City plan for the physical development of the City. Final Planning and Zoning Commission Bylaws Planning and Zoning Commission Bylaws Page 3 of 6 4.3 The Planning and Zoning Commission recommends approval or disapproval of proposed changes in the Zoning Plan. 4.4 The Planning and Zoning Commission exercises control over the platting or subdividing of land within the corporate limits of the City and outside same corporate limits to the extent authorized by state law; provided, however, this grant of authority shall not limit the City Council’s right to provide that the City Council shall have final approval of plats, as provided by state law. 4.5 The Master Plan for the physical development of the City of Colleyville shall contain the Planning and Zoning Commission’s recommendation for growth, development, and beautification of the City. A copy of the Master Plan, or any part thereof, shall be forwarded to the City Council, which may adopt this plan in whole or in parts, and may adopt any amendment thereto after at least one (1) public hearing on the proposed action. The Planning and Zoning Commission shall act on such plan, or part thereof, and again forward it to the City Council for consideration. 4.6 All amendments to the Master Plan recommended by the Planning and Zoning Commission shall be submitted in the same manner as outlined above to the City Council for approval, and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from the Planning and Zoning Commission. 4.7 Upon adoption of the Master Plan by the City Council, no subdivision, street, park, or any public way, ground, or space, public building, or structure, or public utility, whether publicly or privately owned, which is in conflict with the Master Plan shall be constructed or authorized, by the City until and unless the location and extended thereof shall have been submitted to the Planning and Zoning Commission and approved by the City Council. In case of Planning and Zoning Commission disapproval, they shall communicate their reasons to the City Council, which shall have the power to overrule such disapproval. The widening, narrowing, relocating, vacating, or change in the use of any street, alley, or public way, or ground, or sale of any public building, or real property, shall be subject to similar submission and approval of the Planning and Zoning Commission, and failure to approve may be similarly overruled by the City Council. 4.8 The Planning and Zoning Commission members will take the Attorney General Texas Open Meetings Act on-line training course, available at this link: http://www.oag.state.tx.us/open/og_training.shtml#22; or Final Planning and Zoning Commission Bylaws Planning and Zoning Commission Bylaws Page 4 of 6 the member may obtain a DVD of the training course from the City Secretary, and provide a copy of the Certificate of Course Completion to the City Secretary. The training must be completed no later than the 90th day, after the date the member takes the oath of office, or otherwise assumes responsibilities as a member of the governmental body. ARTICLE V – Meetings 5.1 Regular meetings shall be held not less than once a month at City Hall, located at 100 Main Street. Regular, special, or work session meeting date, time, and location may be changed as necessary. 5.2 Public notice of meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. 5.3 The Planning and Zoning Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal issues raised by public hearing or action items on the agenda. A recording or certified agenda shall be made of all closed sessions of Planning and Zoning Commission meetings. 5.4 A majority of the members shall constitute a quorum; however, no action shall be approved with less than four (4) affirmative votes. 5.5 Meeting agendas will be posted on the City Hall bulletin boards, and the City’s website 72 hours prior to a meeting. Meeting agenda packets will be available to the public on the City’s website 72 hours prior to a meeting. 5.6 Approved meeting minutes will be included in the City Council agenda packets under Reports. 5.7 The Chairman shall secure from staff all such materials and analyses as may be useful to the Planning and Zoning Commission in considering any matter before it. 5.8 Any person seeking a change in zoning, or presenting any other matter to the Planning and Zoning Commission shall appear before the Planning and Zoning Commission in person, by agent, or by attorney. Final Planning and Zoning Commission Bylaws Planning and Zoning Commission Bylaws Page 5 of 6 ARTICLE VI – Conduct of Meetings 6.1 The Chairman shall call for each application or proposal. The Chairman shall read the public notice and request staff to present the facts on the application or proposal. The Chairman will subsequently open a public hearing. 6.2 The applicant and any experts, invited by the applicant, of said application shall have up to 20 minutes to present their case for adoption of their application. 6.3 The Planning and Zoning Commission shall hear other interested parties, individually and separately. Each person shall be allowed no more than five (5) minutes to address the Planning and Zoning Commission. No questions nor debate shall be permitted during the public hearing. 6.4 The public hearing shall then be closed by the Chairman after which the applicant or citizens may NOT present additional testimony unless the public hearing is reopened by the Planning and Zoning Commission. 6.5 As a general rule, the applicant shall be permitted up to a five (5) minute rebuttal; however, the Planning and Zoning Commission Chairman may recommend that the Planning and Zoning Commission allow an extension of that time. 66 The Planning and Zoning Commission may direct questions to the applicant, proponents, opponents, or staff, following the rebuttal. 6.7 The Chairman may request a recommendation from staff, or call for a vote. ARTICLE VII – Voting Procedure 7.1 To call a measure for vote requires a motion being made and the same motion being seconded. Once made and seconded, debate shall follow. Once made and seconded, a motion can only be disposed of by a vote of the Planning and Zoning Commission, unless both the movant and the second agree to either revise or withdraw the motion. 7.2 When the question is put to a vote, the Chairman shall call the roll with each member answering “Aye,” or “Nay” or “Not Voting.” Consistent Final Planning and Zoning Commission Bylaws Planning and Zoning Commission Bylaws Page 6 of 6 with the City Charter, the affirmative vote of at least four (4) members of the Planning and Zoning Commission is required to take any action. Any member of the Planning and Zoning Commission “Not Voting” shall give a statement of his reason for not voting. On completion of the roll call, the Chairman shall announce the results and the effect of the motion. 7.3 The Planning and Zoning Commission shall comply will all applicable conflict of interest laws. 7.4 The Planning and Zoning Commission members shall not leave the meeting table to discuss pending matters with members of the audience, nor shall members of the audience discuss matters with individual Planning and Zoning Commission members during the meeting. ARTICLE VIII – Amendments 8.1 These bylaws may be amended by a majority vote at any regular meeting, if all members have been notified of the proposed amendment(s) 72 hours prior to such meeting. Amendment(s) must be in compliance with applicable City ordinances and the Colleyville City Charter. 8.2 The bylaw amendment(s) shall become effective upon an affirmative vote of the Planning and Zoning Commission. 8.3 Approved bylaw amendment(s) will be included in the City Council agenda packets under Consent. Final Planning and Zoning Commission Bylaws