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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-9/26/2005 CC~I ;'e/ -o~n~ ....., -.:.--- Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, September 26,2005 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Commissioners Thomas Dolan, David Dudziak, Thomas Bartkowski, Jeff Byerly, Luann Edwards, John Blassingame and Denis Duffy INVOCATION Commissioner Duffy PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES September 12, 2005 RECOGNITION OF OUTGOING MEMBERS Luann Edwards Thomas Dolan SWEARING IN OF NEWLY APPOINTED MEMBERS David Dudziak, Place 5 Mary Taylor, Place 6 Robert McCormick, Place 7 ELECTION OF OFFICERS Chairman Vice Chairman LEGAL BRIEFING BY CITY ATTORNEY ON AGENDA ITEMS CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS 1. Case P-05-038- Minor plat on .8 acres out of the S. Cotrail Survey located at 2212 Glade Road Planning and Zoning Commission Agenda -September 26, 2005 Page 1 of 2 PUBLIC HEARING AGENDA ITEMS 2. Case Z-05-025 - PUBLIC HEARING - Request for a zoning change from AG to R15 on 0.76 acres out of the Harrell Hughes Survey located at 1512 McCain Lane 3. Case Z-05-026- PUBLIC HEARING - Amend the PUDC zoning on 1.9 acres located at the southwest corner of Colleyville Boulevard and Church Street regarding screening, additional land uses and to allow a special use permit for the sale of alcoholic beverages for off-premise consumption STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Amy Shelley, Planning and Zoning Assistant Posted: Thursday, September 22,2005,4:30 p.rn. Planning and Zoning Commission Agenda -September 26, 2005 Page 2 of 2 .~ 1"ex.as PLANNING AND ZONING COMMISSION MEETING MINUTES - September 12, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Present: Commissioners, 0 Bartkowski, Luann Edwa Denis Duffy and Jeff Bye ' Absent: Commission r' Barry LeBaron, C Woods from st udziak, Thomas John Blassingame, ROLL CALL and Robert INVOCATION APPROVAL OF MINUTES Commissioner Edwards moved to appr written. Commissioner Du ed. The motion was approv Aye: Dudziak, Bartk Nay: None meeting minutes as ON THE AGENDA I plat or Lot 3, Block 1 Meadows Creek Plaza Addition 8190 Precinct Line Road Chris Fuller prese and briefed the Commissioners. Commissioner Duffy ned staff in regards to page 5 of the Development Review Comments, comment , why is the platting process not complete regarding the easements? Barry LeBaron replied once the plat is approved, the applicant will file the easement documents with the County and those filing numbers are placed on the plat for reference to those easements. The applicant did not want to file the easement documents if the Commission had problems with the plat. Commissioner Edwards stated this is an off-site easement. What if the applicant does not have it? Barry LeBaron replied the applicant has provided those documents to the engineering department. Commissioner Duffy questioned Robert Woods, City of Colleyville Engineer, if the final Planning & Zoning Commission Minutes - September 12, 2005 Page 1 of 11 easement documents have been approved? Robert Woods replied yes, we have the final easement papers and once the plat has been approved those documents will be signed. Commissioner Duffy questioned staff if the platting process is complete? Barry LeBaron replied yes, they have supplied us with the documents. Commissioner Edwards questioned staff if the documents have or have not been signed? Robert Woods replied the documents are not signe s soon as the plat is approved the applicant will submit the signed docu He stated before construction, those documents will be filed as done in the Commissioner Byerly questioned staff in regards t Robert Woods replied correct. Commissioner Edwards stated there being pro The Commission needs to know that who already signed the document. An unsigned. Fred Ballinger with FOB Architects, represent stated the developer, Realty Capita will be provi.. the easement we would not be . develop o. develop their project. Commissioner Edwards questioned owner of the whole prop r. Balli Commissioner Duffy and procedures of o Mr. Ballinger stat just have not signed Commi have bot the easement yet? ~site easements. sement has ent is coming from the d the easement and has agreed, they Com the . d Development Code states what needs to be in place be approved and this is something that needs to be in place. He stated i r. Ballinger's staff support for those documents not to be in place. Some . e gone to Realty Capital and acquired the signature before coming to the C n for a final plat approval. Mr. Ballinger relied being sorry for them not signing tti. cument. He thought Realty Capital was on top of what needed to be done and asked the Commission if the final plat could be approved on the condition of the easement documents being signed. Commissioner Duffy questioned City Attorney Michael Kallas if approval of the plat would be legal? Attorney Kallas replied the plat could be approved with the condition. Commissioner Dudziak stated the Commission is here to develop some consistency as to what is approved; there is another applicant here tonight that we have asked to bring a completed plat back, with other issues to be resolved, before we would approve it. Whether or not the Commission tables this case tonight, which is what he Planning & Zoning Commission Minutes - September 12, 2005 Page 2 of 11 recommended, so that all the signatures could be in place, the Commission should stick with the precedent that all work is done before it comes before the Commission. Mr. Ballinger concurred with Commissioner Dudziak; we have certain things in motion and would appreciate some understanding. Commissioner Byerly questioned staff if the easement documents have been reviewed? Robert Woods replied correct. Commissioner Edwards questioned Robert Woods if the ea been discussed with Realty Capital or just Mr. Ballinger? Archie with Realty Capital presented the documents to st Commissioner Byerly questioned Robert Woods if sta documents? Robert Woods replied no, typical Ii is th approved, the plat and the easement documents (J be filed at Commissioner Byerly stated understanding t documents have been executed? Robe surveyor's signature. Barry LeBaron stated not uncommo plat is approved. Staff has not fou Commissioner Byerly stated not conditions upon the easement docu staff's approval. Commissioner Dud documents need t ent documents have Woods replied Jimmy Mr. Archie to sign the ce the final plat is ame time. ocuments not signed until the r problem with easements. roving the plat with the Iy as it is right now with issioner yerly, to be consistent; the se ends need to be tied up. ntinued, would the plat be approved by on stated without a decision; the clock Mr. B tho, thou potentia the closin . Commissione ioned staff if this is standard procedure for easements? Barry LeBaron r out those documents in place, the property owner would not be able to start co ction. Therefore, whether they are signed now or signed after the plat is approved; the developer would not be able to get a building permit until all the infrastructure was in place. Commissioner Edwards stated those easement documents are for the protection of the buyer, technically Realty Capital, which knows the process, could change their mind and charge the developer more or not agree with the easement. Therefore, this plat is not complete without those easement documents in place. Commissioner Blassingame stated staff has put before us what they thought was complete. He stated on issues like this, it would not make sense to hold this up e was not a reference on the Review comments stating e in place before the plat could be approved. We stan procedure and acted accordingly. He stated the to close on the property this week and this would hamper Planning & Zoning Commission Minutes - September 12, 2005 Page 3 of 11 because of precedence the Commission has set forth in the past. Mr. Ballinger stated the potential owner would not have purchased the property without the easements being signed over from Realty Capital. Commissioner Duffy questioned Mr. Ballinger in regards to how is the property owner going to sign off on an unsigned document? How will the buyer buy the property if Realty Capital has not signed it off? Mr. Ballinger replied it being contingent on the development of the lot, which can not happen without the ease t. Commissioner Edwards questioned Mr. Ballinger if it wo Commission were to table this item, then you could easement documents signed? Mr. Ballinger replied the potential owner, Mr. Richard Parker. Richar property, came forth and stated the two week de Commissioner Duffy questioned Mr. Parker . will close on the property without the ease there would be no reason to believe Real Commissioner Duffy questioned Mr. Parker if h without those documents? Mr. 'nger state tomorrow and then Mr. Parker will he prope 2005. st equested not getting the ated the comments did not at is approved. ve case P-05-028 with the condition the ntor in the exact form that has been artkowski seconded. ed if staff ould itemize every thing that has been documents are submitted, those items will have been s and Robert Wood concurred. to staff on letting the Commission know if the Commission. have to go bac denied. Commissioner Dudziak questioned if the ordinances would govern any changes made. Commissioner Byerly stated the conditions on the plat would govern the execution. Barry LeBaron stated the plat would then be on the following agenda. Commissioner Dudziak stated by voting in favor of this final plat, the Commission would not be consistent. ned Attorney Kallas, if anything is changed, would the plat or a vote? Attorney Kallas replied correct, it could then be The motion was approved by the following vote: Aye: Bartkowski, Edwards, Blassingame and Byerly Nay: Dudziak, Duffy Planning & Zoning Commission Minutes - September 12, 2005 Page 4 of 11 PUBLIC HEARING AGENDA ITEMS 2. Case P-OS-03S - PUBLIC HEARING - Replat of 1.34 acres on Lot 48R, Block 4 of the Western Trails Addition, located at 607 Frontier Court Chris Fuller presented the discussion and briefed the Commissioners. Commissioner Bartkowski questioned staff if a Homeowner's Association (HOA) exists and is this lot an existing lot? Chris Fuller replied there not an HOA and it is an existing lot. Barry LeBaron concurred. Commissioner Edwards questioned staff in regards to 1999; does the frontage on Frontier have anything t accepted? Barry LeBaron replied not knowing wh Commissioner Edwards questioned staff in re would that lot be build able as steep as it is? Commissioner Bartkowski questioned staff i LeBaron replied yes, the new lot would have fr Commissioner Edwards question Chris Fuller replied 191 feet by 12 Commissioner Duffy questioned sta Barry LeBaron stated as proved I driveway. Commissioner Du made for Lot 4 govern those trees. be exempt. Commis that infor hat LeBar im ' e lot was re-platted in other entrance being t that time. uld be created, er? Barry er frontage on the road? gh to accommodate the preservation arrangements have been the tree preservation ordinance would g foot print and utility easements would . the applicant would be made aware of uld not co and bulldoze those beautiful trees. Barry ". e building permit process. nically the trees could be bulldozed, but he would n concurred. Commiss ned staff in regards to staff's comments on the creation of the flag lot why the Commission should not be concerned about it? Barry LeBaron having issues with creating flag lots when another house is being built behin Isting house. This flag lot was created for the homeowner's driveway and for th ason only. Commissioner Byerly opened the public hearing at 7:42 pm. Pedram Pahlavan, the applicant, came forth to present the request and answer any questions. Commissioner Byerly questioned Mr. Pahlavan if the existing home would stay? Mr. Pahlavan replied yes. There being no one wishing to speak, the public hearing was closed at 7:44 p.m. Planning & Zoning Commission Minutes - September 12, 2005 Page 5 of 11 Commissioner Duffy questioned Attorney Kallas if any contingencies could be put on the plat? Attorney Kallas replied conditions can be put on a plat. Commissioner Duffy stated putting a condition on the plat that the owner is made aware of the tree preservation regulations. Commissioner Duffy made motion to approve case P-05-035 with the condition of notifying the applicant of the tree preservation regulations. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Blassingame, Duffy and Byerl Nay: Edwards 3. Case Z-OS-024 - PUBLIC HEAR Neighborhood Commercial to R20 Si located at 413 Timberline Drive South Chris Fuller presented the case and briefed Commissioner Duffy questioned staff in regard' to put on the lot? Chris Fuller repli directing tha , Commissioner Duffy questioned st plicant ' the applicant is representing the ow r is on ' Idoski permission to represent him. Commissioner Byerly staff preliminary layout 0 ill be staff will receive t requi sta change from CN on 1 .31 acres owner? Chris Fuller replied rom the owner stating Dino h a zoning case, is there a sed? Barry LeBaron replied often times 'n straight zoning. esidential zoning would fit in with the , ed yes. staff in regards to the frontage on Timberline Drive and replied about 280 feet on Timberline Drive and about Comm the imum frontage would have to conform to the R20 zoning. curred. Commissioner Duffy stated there could not be 3 houses fron Barry LeBaron concurred. Commissioner to the Commission that all the lots facing Timberline Drive South are predom in the R40 zoning district. Therefore, he stated wanting the Commissioners to g e some thought as to R40 zoning for this lot. Barry LeBaron suggested getting the applicant's approval for the R40 zoning. Commissioner Byerly opened the public hearing at 7:50 pm. Dino Idoski, the applicant, came forth to present the request and answer any questions. Commissioner Byerly questioned Mr. Idoski if the lot with the short frontage would face Bransford Road? Mr. Idoski replied Timberline Drive and provided a drawing on the projector. Commissioner Byerly stated reading the plat with 3 lots on Timberline. Planning & Zoning Commission Minutes - September 12, 2005 Page 6 of 11 Commissioner Edwards stated one of the lots does not meet the frontage requirements. Mr. Idoski stated one lot is short 20 feet of frontage. If we face 2 lots facing Bransford one lot facing Timberline, we can meet the frontage requirements. Commissioner Duffy questioned Mr. Idoski if he has considered the R30 or R40 zoning? Mr. Idoski replied we did, if not approved at R20; we would still purchase the lots at the R30 zoning because we want to build the homes for ourselves. But, we would prefer the R20 zoning. Kathy Hadley, 204 Timberline North, spoke in opposition to R40 zoning would be more appealing for the Highland Ac There being no one wishing to speak, the public heari Commissioner Duffy questioned staff in regards t to Switzerland, Utah and New Mexico, no one about the local agency for the Church of Jes from anyone there? Barry LeBaron replie used to send out the public hearing notices. Commissioner Edwards questioned taff in regar , there something on file? Chris lied yes, property owners granting Dino Idos apply' Commissioner Edwards questioned s if a the property? Chris Fu lied co public hearing notices Commissioner Ed and the applican better than the C zoned. Com req, mea, face TI " d at 7:55 p.m. notices being sent , people? What , no one heard x rolls are ownership of this property, is e is a letter on file from the e rezoning on his behalf. ning sign was placed on reed at the same time the g would work better in this area not R20 gh he would prefer R20. R30 zoning is zoning that the property is currently . ned staff in regards to the R30 zoning frontage lots would face? Barry LeBaron stated in order to ',the R30 zoning district, the two lots would have to Commissi if the side, of one of the lots that would face Timberline Drive South,' e of Bransford Road, the appearance would hamper the open estate fee' erties on Bransford Road. Commissioner Ed agreed with the lots facing Timberline. Commissioner Blassingame stated it appears that one lot could face Bransford Road and the other lot could face Timberline Drive South. Commissioner Byerly stated if R30 were approved, there would be no way to mandate how the homes were to face unless a preliminary plat were approved with the layout of the lots. Commissioner Edwards questioned Commissioner Byerly if he would prefer the R20 with the smaller lots? Commissioner Byerly replied R20 not being an option because Planning & Zoning Commission Minutes - September 12, 2005 Page 7 of 11 the applicant can not get three conforming lots on this property. Commissioner Byerly questioned Mr. Idoski if he would be willing to face one lot on Bransford Road and one lot on Timberline Drive South? Mr. Idoski replied he would prefer to face both lots to Timberline Drive South instead of Bransford Road because it is so busy. Mr. Idoski questioned the Commission in regards to what is the CN zoning? Commissioner Byerly replied Neighborhood Commercial. Ba eBaron stated it is a commercial zoning with limited uses. Commissioner Blassingame questioned Mr. Idoski if the South would be ok? Mr. Idoski replied yes. Commissioner Edwards stated the two lots facin out that subdivision. Commissioner Blass' Edwards in that Bransford Road is a busy would be better. Commissioner Byerly stated the property is s is not going to vote for R40, then t e R30 zonin the Master Plan. Commissioner Bartkowski stated t saddle the applicant with tabling the outh would finish Commissioner Drive South R40, and if the Commission be better and would fit in with presented and rather than uld deny the R20 zoning t. Comm approve Commission' ned staff in regards to how would the R20 denial effect the applicant from" , to bring forth another zoning application within the year? Barry LeBaron rep at would happen only if the city council denies the R20 zoning. Commissioner Dudziak questioned the Commission if they wanted to verify with the applicant if the R30 zoning would work? Commissioner Byerly replied being reluctant to approve the R30 zoning without a preliminary plat to go with it to see the layout of the lots. Commissioner Dudziak and Commissioner Blassingame concurred. Commissioner Dudziak stated the home should face Bransford Road to be consistent with the Master Plan which was approved by the community and the city council. Commissioner Edwards stated on a straight R30 zoning, the applicant can not be required to have to face the home on Bransford Road. IS case s the Commission has done e R30 zoning for the next meeting. Chris , ause the applicant was not present and applicant presented a different zoning stated that if the applicant receives a will have te days from this date to notify staff to appeal ay be better because it puts the issue in the applicant's that the applicant really does not want. council would have to have a super majority to Commissioner Edw before, and havin Fuller stated the> given what was su case at th wing denial f the c ha Planning & Zoning Commission Minutes - September 12, 2005 Page 8 of 11 Commissioner Byerly stated it could be done if a preliminary plat and zoning were submitted at the same time. Commissioner Edwards stated only if the same property owner existed, however, if the property were to sell and the new owner submitted a new plat that met all the requirements, the Commission would have to approve the plat. Commissioner Blassingame made motion to deny case Z-05-024. Commissioner Byerly seconded. Mr. Idoski stated to the Commission that if the R20 is den' Zoning Commission and City Council, he does not wa R30; it would need to remain the CN zoning. This purchasing of the property. The motion to deny was approved by the follow' Aye: Dudziak, Bartkowski, Edwards, Blassin Nay: None Commissioner Edwards stated to staff to make R20 was denied so that they do not isundersta TABLED AGENDA ITEMS 4. Case P-OS-027 - Final p' located at 6805 Pleasant Run Commissioner Bartko both the Planning and perty to be rezoned to a contingency on the Commissioner d briefed the Commissioners. ione orney Kallas in regards to what is the procedure of ate? Originally the Commission approved the preliminary ate but city council approved the preliminary plat with the , re the Commission should take regarding this final plat? e the city council has approved the gate there is no reversing that decision. Th mission would approve this plat if it met the regulations and according to staff, it does. Commissioner Byerly questioned if the city council could deny this final plat with the gate in place? Attorney Kallas replied the city council would be bound by the regulations and would have to approve the plat. Commissioner Duffy questioned staff in regards to the street being dedicated as a lot, is that correct? Chris Fuller replied in Chapter 10 of the Land Development Code a street in a gated subdivision may be referenced as a lot because it would be maintained by the Homeowner's Association (HOA). Commissioner Duffy questioned staff where on the document is the entrance box and Planning & Zoning Commission Minutes - September 12, 2005 Page 9 of 11 how far is it from the street? Chris Fuller replied referring that question to the applicant. Barry LeBaron stated the dimensions for the turn around radius are noted on the plat. Commissioner Blassingame questioned staff if this plan in its entirety has been approved by engineering? Chris Fuller replied correct; Fire Department and the Engineering Department approved the gate and the turn around radius as submitted. John Fegan, the applicant, came forth to present the request and to answer any questions. Commissioner Byerly questioned Mr. Fegan in regards to be located? Mr. Fegan replied as indicated on the draw' big square box and the entrance box will be placed in has not been made. The gates will be wide enoug Commissioner Duffy stated a car will have to into the gate. Mr. Fegan stated the car wou Road with this design. Mr. Fegan stated where the box would be placed if needed. Commissioner Duffy questioned s aff if the documents or if the HOA docume e been d documents have been delivered. er Du been approved? Barry LeBaron stat. tes t be approved before the lat is filed looked over all the HO nts an Mr. Fegan stated th ents w and again at the I oning Tim Meadows, 69 ad, s with the city council project a Com be realig approvi Attorney Ka turn around re the entrance box would nt of the gate there is a this stage, the design side by side. ted admittance leasant Run the island ey has approved the HOA ? Barry LeBaron replied the tioned if the documents had A documents will need to B LeBaron stated having ve met all the requirements. e city over three months ago . e plat is not consistent with the ordinance; there should n the call box and the gate. He stated if staff could the ordinance, then he would have no issue of t could be approved with the condition of having the proper satisfied. Commissioner Du ed this was an issue before when the final plat was presented before. He stated developers need to read the code before bringing it to the Commission for approval. Commissioner Duffy admonished staff to hold developers to the code. Commissioner Byerly stated having issues with the gate and that is why it was not approved on the preliminary plat. Commissioner Edwards stated the gate is poor thoroughfare planning on the part of the city. Commissioner Byerly made motion to approve case P-05-027 with the condition that the gate has the proper turn around requirement. Commissioner Blassingame seconded. Planning & Zoning Commission Minutes - September 12, 2005 Page 10 of 11 The motion was approved by the following vote: Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly Nay: None STAFF REPORTS COMMISSIONER COMMENTS Commissioner Duffy stated to staff that the Commission is therefore the developers should not come to us until suggested a checklist for all requirements to be Development Review Committee consists of sev review the plans. We will communicate yo Commissioner Dudziak stated the checklist wo Respectfully Submitted, :.. o uphold the code and irements are met. He LeBaron stated the epartments who all se departments. evelopers. ADJOURNMENT The Commission adjourned the meeting at 8: Amy Shelley Planning and Zoni Approved on: --- Planning & Zoning Commission Minutes - September 12, 2005 Page 11 of 11 cUyor ccem~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: September 26, 20051 Prepared by: I Chris Fuller Develooment Coordinator Subject: P-05-038 - Minor plat on .8 acres out of the S. Cotrail Survey located at 2212 Glade Road STAFF REVIEW COMMENTS Mike Albert is the owner of a parcel of land located at 2212 Glade Road. The owner has submitted a Minor Plat of the property for review and consideration by the Planning and Zoning Commission. The plat will create a lot for the construction of a new single family residence. Zoning. The property is zoned R30 Single Family Residential. The R30 zoning district requires a minimum lot width and lot depth of 125 feet, and a minimum lot area of 30,000 square feet. The proposed plat meets the development criteria as stated within the Land Development Code. Parkland Dedication Fees. The payment of parkland dedication fees is not required for this development since an existing house was located on the lot at the time of plat application. Utility Easements. The Land Development Code requires a 15-foot utility easement for a property of this size in order to provide for the future expansion of the utilities systems in the area. The Engineering Department has agreed to recommend a 10-foot utility easement as requested by the developer because the surrounding area is already developed and no additional utility expansions are proposed by the future water and sewer master plans. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this development since an existing house was located on the lot at the time of plat application. Tree Preservation. The applicant was made aware of the tree preservation requirements during the rezoning process, and provided an aerial photo that located existing trees on the property. The applicant has met with staff to discuss the proposed building location in order to preserve the existing trees. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. Agenda Item No.1 - Page 1 The owner's surveyor has addressed all Development Review Committee comments. The proposed development appears to satisfy the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION Approval ATTACHMENTS · Location Map · Development Review Committee Memo · Applicant's Response · Plat Agenda Item No.1 - Page 2 Location Map Agenda Item No.1 - Page 3 Development Review Committee Memo DATE August22,2005 TO Mike Albert FAX NO 817.577.0034 FROM Chris Fuller, Development Coordinator SUBJECT P-05-038 Minor Plat - Summerbrook Addition, Block 1, Lot 2 The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. PLAT DRAWING 1. Revise the front yard setback line to a minimum of 35-feet. The property is subject to the R-30 development standards. 2. Add a 15-foot Drainage and Utilities Easement to the western property line. For more information contact Robert Woods, Project Engineer, 817.503.1094. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific plans for construction or conditions contained in a City-Developer Agreement, if applicable. SEWER Not applicable. Existing house on property. $2,666 for a 1-inch meter. Actual fee depends on water meter size andlor if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size andlor if a new meter is installed. ROADWAY WATER 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property. The Land Development Code provides for an exemption for any tract or lot occupied by an existing residence. If vacant lots are created in the future, this requirement will be reevaluated at that time. 3. PARKLAND DEDICATION. Parkland dedication fees are not required for this property. The Land Development Code provides for an exemption for any tract or lot occupied by an existing residence. If vacant lots are created in the future. this requirement will be reevaluated at that time. 4. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, September 12. 2005, 7:00 p.m. Agenda Item No.1 - Page 4 RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · 10 folded copies of the revised Minor Plat drawing . one letter-size or ledger-size reduced copy of the revised exhibit . a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The revised drawings must be submitted no later than Wednesday, September 7,2005 in order to make the scheduled hearings. Please contact me at fullerc@ci.collevville.tx.us or 817-503- 1 054 if you have any questions. Agenda Item No. 1- Page 5 Applicant's Response MIKE ALBERT 100 Wendover Court Southlake, Texas 76092-8589 Tel.: 817/577-8605 ext 101 Fax: 817/577-0034 September 16,2005 Mr. Chris Fuller Development Review Committee City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: P-05-038 Summerbrook Addition, Block 1, Lot 2 Dear Mr. Fuller Attached please find ten (10) revised Minor Plats and one (1) letter-size copy. The easements reflect the changes as agreed to by Mr. Robert Woods. The front yard setback line was changed to 35 feet. We acknowledge the Impact Fees, Perimeter Street Improvement Requirements and Parkland Dedication. Should you need any additional information, please contact us. Sin.cerelY, {)... ~ '-M~lX)U ~ -- -- Mike Albert Agenda Item No.1 - Page 6 ... 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" ~ &l " o !i! ~ " cUYor ccen~ PLANNING & ZONING COMMISSION AGENDA BRIEFING l"exas Meeting Date: September 26, 2005 I Prepared by: I Chris Fuller Development Coordinator Z-05-025 - Zoning change from AG Agricultural to R15 Single Subject: Family Residential on 0.76 acres out of the Harrell Hughes Survey located at 1512 McCain Lane STAFF REVIEW COMMENTS Carolyn Apodaca has submitted a request to change the zoning of 0.76-acres, located at 1512 McCain Lane, from AG Agricultural to R15 Single Family Residential. The applicant is seeking a zoning change in order to develop the property as single family residences. The property is currently vacant and located on the north side of McCain Lane. The property is not currently platted. In order to subdivide the property, approval of a subdivision plat will be required at a later date, pending approval of the rezoning request. The developer has submitted a zoning exhibit illustrating the area to be rezoned. The R15 zoning district requires a minimum lot area of 15,000 square feet. The property exceeds 15,000 square feet and meets the minimum lot and width requirements of the R 15 zoning district. The Land Development Code does not require a proposed lot layout for rezoning requests for single family residential zoning districts, however the developer has provided a proposed lot layout for this property. The developer intends to subdivide the property into two lots. Both lots meet the minimum lot depth and size requirements. It should be noted that the proposed lot layout may not meet the required minimum lot width of 100-feet. Staff has informed the applicant that a request for a waiver from the lot width requirement may be needed at the time of plat consideration. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This rezoning request is consistent with The Colleyville Plan, which promotes: . Maintaining the current level of housing quality and density. Agenda Item No.2 - Page 1 Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The subject property is located in the Neighborhood Four area as designated by The Colleyville Plan. The overall residential density within the Neighborhood Four area is 2.15 dwelling units per acre. The maximum residential density for the R15 zoning district is 3 dwelling units per acre. Lot Sizes & Widths. The southern most lots in the adjacent neighborhood to the north have an average lot size of approximately 14,500 square feet. The neighborhood to the south has an average lot size of approximately 19,000 square feet. The proposed zoning request for 15,000 square foot lots is in compliance with The Colleyville Plan as it is comparable to the existing lot sizes within the surrounding area. Surrounding Properties. The surrounding properties consists of primarily single family residential uses. The properties to the north and east are zoned PUD-R Planned Unit Development Residential and are currently developed as single family residential uses. The property to the west is zoned AG Agricultural and is developed as a single family residential use. Properties to the south are zoned R20 and are developed as single family residential uses. Development Trends. The development trends in this area primarily focus on single family development. Infrastructure. Water and sanitary sewer services are available along adjacent rights- of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Property Taxes. According to information available from the Tarrant Appraisal District, the 0.76-acre parcel is valued at $45,000. The estimated City property tax revenue for the undeveloped property is approximately $156.33 annually. The future property tax revenue would depend upon the value of the individual lot and the value of the house built on the lot. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Public Notification. Staff mailed notices to eighteen (18) adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Agenda Item No.2 - Page 2 SUMMARY The proposed zoning change is consistent with the Land Use Plan and is in compliance with The Colleyville Plan. The recommendation for approval is based upon the R15 zoning district lot size being comparable to the existing lot sizes within the area. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: September 26,2005 City Council: October 18 and November 2, 2005 RECOMMENDATION Approval ATTACHMENTS · Zoning and Location Map · List of Property Owners Notified · Zoning Exhibit from Applicant · Draft ordinance Agenda Item No.2 - Page 3 Zoning and Location Map D NORTH Agenda Item No.2 - Page 4 List of Property Owners Notified Terry Mack McCain 1500 McCain Ln. Colleyville, TX 76034 Robert WRoth 1417 Douglas Avenue Colleyville, TX 76034 Patrick J & Heather Gural 1413 Douglas Ave. Colleyville, TX 76034 Rafiq R & Damani Surani 1409 Douglas Ave. Colleyville, TX 76034 Stephen & Lisa Kamp 1420 Douglas Ave. Colleyville, TX 76034 Wazir A & Gulnar Noorani 1416 Douglas Ave. Colleyville, TX 76034 Kenneth & C S Lopez 1412 Douglas Ave. Colleyville, TX 76034 William & Noreen Houston 1408 Douglas Ave. Colleyville, TX 76034 John & Faye Long 1404 Douglas Ave. Colleyville, TX 76034 Naushad Kabani 1400 Douglas Ave. Colleyville, TX 76034 James & Tracy Ann Gordon 6513 Ponderosa N. Colleyville, TX 76034 Dwight & Barbara Smith 6512 Kingston Dr. Colleyville, TX 76034 Joe Graham 6513 Kingston Dr. Colleyville, TX 76034 Kenneth & Wanda Garrett 6517 Kingston Dr. Colleyville, TX 76034 William Fuqua 6517 Ponderosa Ln. Colleyville, TX 76034 Don & Iris Martin 6516 Kingston Dr. Colleyville, TX 76034 Norma McCain 1516 McCain Ln. Colleyville, TX 76034 Arvel & Judy Bailey PO Box 747 Colleyville, TX 76034 Agenda Item No.2 - Page 5 ~;J ~ l I i 11 J; l;!li-j _8.~ i 1 Iii; 1:.95 0 _ 3! ~;." !'28 cD ~ 0 0 I 0._ If'" ~ ., ~ .. ~o8 ~d ~1 ; h H if} ~]J" ;.~ ! H.8- it III "0., " II .,,0 gill ~~ ~ t: H l:.t ~;;.!: ~ ~ 1 ,; 8 ~; d; ~ !;!f =i "' i1l f;;.. tIs ~ ..I~j ~i i 11 n! 1;1. l!! ~lh Ii -:! Ii Ii ~i JhJ i; :1 H Ii! Iii ...... r 'V 0 . " 80 .2'" 9 li-J e < sl 8 ~ ~ ll1l ... ~ U 1;' 1:5 ~'O.;- J.e II! ;~ 11l.1i S 1~ .~ef. 1=;1;' "Iii I'" .81 El EJo;; III Ui~ ~i 1_ ~; !?;t :ll:~' .Ii ii! III1I~'c :~iI 1I3~j oS 0 Zl e.- € e .. ~l:i d =i t~ Sf tf: -~u -- lizmoS03!z'U ~'ll:Ji;: s;; 5S ~~; =p liB; go li! ~J ~ I ell,! - ~... ~ ;;J '} Z l! i lj.. "'.,.' ljo ~ =l ~'B.... ffi~ ~::lr ffi~~ ~.s 5 hI' ej!;~j!;~lj!;U ~~llii I f'l51;'l~:5 :1.8 'it 'ie,,,,! . ~~l.!S dfZjtl l ._1S~ .r a.'ll1~.c 3"'!II'" l-t< 1li el-JU ils~iI-~1 i~~ .11 5gUpa.f C "1l-8,S j""2Zil- ~;nlv, '0 ih i 8hllL 5.e,'H'i~ I:L I. 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'I!illii~ J · o.~oH 11ft @ @ ORDINANCE 0-05-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.7566 ACRES LOCATED AT 1512 McCAIN LANE OUT OF THE HARRELL HUGHES SURVEY, A-656, FROM THE AG AGRICULTURAL TO R15 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Carolyn Apodaca on August 23, 2005, under Case No. Z-05-025; 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 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 safety from 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, the 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 WHEREAS, the Planning and Zoning Commission of the 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 the requisite 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 Ordinance 0-05-XXXX Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing 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. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG Agricultural to R15 Single Family Residential district, as depicted in the attached Exhibit "A" and described in the attached Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. 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. 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. 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. Ordinance 0-05-XXXX Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS FIELD NOTE DESCRIPTION ALL that cerlotn tract or parcel of land situated in the HAR.RB.L HUGHES SURVEY.. Abstract No. 656. in the City of Colleyyille., TorrontCounty. Texas and being that same tract described to Terry Mock McCain as recorded in Volume 6689. Page 376. Deed Records. Tarrant County. Texas and being more particularly described by metes and bounds as follows; BEGINNING at 0 1/2 inch copped steel rod stamped "MOAKSURV INC" set at the southwest corner of said McCain tract and being in the north right-of-way line of McCoin Lane (a 60' right-ot-way); THENCE NORTH with the west boundary line otsaid McCoin tract. 175.,52 feet to 0 5/8 inch steel rod found at the northwest comer of. said tract; THENCE South 89 degrees 57. minutes OBsecondsEost with the north boundary, line of said tract, 187.47 feet to 0 3/8 inch steel rod found at the northeast comer of said tract; THENCE South 00 degrees 15 minutes 45 seconds. East with the east boundary line of said tract. 175.35 feet to 0 1/2 inch steel rod in concrete found at the southeast corner of said tract and being in the said north right-of--way UneofMcCain Lone; THENCE South 89 degrees 59 minutes 39s8CondsWest with the south boundary line of said tract and said right-of-way line, 188.27 feet to the place of beginning and containing 0.7566 acre of land. more or less. as surveyed by Mook Surveyors, Inc. in the month of August, 2005. CUy or cce0 PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: September 26, 2005 I Prepared by: I Barry LeBaron Development Director I Z-05-026 - Public Hearing - Amend the zoning on 1.9 acres i located at the southwest corner of Church Street and Colleyville Subject: I Boulevard regarding screening, additional land uses and to , authorize a Special Use Permit for the sale of alcoholic beverages for off-premise consumption STAFF REVIEW COMMENTS The City of Colleyville is the owner of a 1.9-acre tract of land located at the southwest corner of Church Street and Colleyville Boulevard, across from the Town Center Colleyville development. The City Council directed staff to initiate an amendment to the zoning on this property to add a bank/financial institution to the list of permitted uses and to authorize a Special Use Permit for the sale of alcoholic beverages for off-premise consumption. The City purchased the property in 1999 to secure right-of-way for the future realignment of Church Street so that the intersection will align with Church Street on the east side of State Highway 26. The City of Colleyville has been marketing the balance of the property that is not required for the Church Street right-of-way as a future commercial development. Prior to marketing the property for sale and to enhance its marketability, the City Council approved PUD-C zoning for the site on March 2, 2004. The list of uses allowed by the PUD-C ordinance is designed to promote retail businesses that generate sales taxes. The City has obtained an offer on the property, provided that the zoning on the site will allow one bank/financial institution and the sale of alcoholic beverages for off-premise consumption. The original ordinance 0-04-1445 requires the construction of a six foot masonry screening wall where the commercial lots abut residential property. However, the property remaining to the west of this site that is situated on the north side of the proposed Church Street realignment will not be adequate in size to accommodate a future residence. This small parcel will either remain vacant or be incorporated into the subject property. It would be a case of poor planning to require a masonry wall that will either screen a vacant lot or be eventually demolished. Staff recommends changing the screening requirement to allow a live evergreen landscape screen of six feet in height. Agenda Item No.3 - Page 1 Attached is a proposed ordinance that if approved will amend the list of permitted uses to allow one bank/financial institution, authorize a Special Use Permit for the sale of alcoholic beverages for off-premise consumption, and modify the screening requirements. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan designates the future use of this area for office and commercial type land uses. This request is consistent with the goals and objectives of the Master Plan, which designates this property and the properties on the south side of Church Street as future commercial and retail uses. Surrounding Properties. Most of the surrounding properties are developed: A single- family residence is located west of the site. The other surrounding properties are either developed as or intended for commercial, retail, or office development. Properties to the north and east are zoned CC2 and are developed as retail and c.ommercial uses. Property to the south is zoned CC1 and is used as a medical office building. The property to the west is zoned AG and is used as a single family residence. Platting. Since the property is not platted, the developer would have to submit a final plat for approval by the City. As part of the final plat, the developer would be required to dedicate the right-of-way for the realignment of Church Street and any additional right- .of-way required for the widening of Colleyville Boulevard. Church Street Construction. The developer will be required to construct the portion of Church Street that runs through this property. Sidewalks and Trails. The developer of the property would be required to construct a section of trail along the south side of Church Street, as required by the Colleyville Pathways Plan and a 5-foot wide sidewalk adjacent to Colleyville Boulevard. Screening. The .ordinance requires that the developer shall construct a live evergreen landscape screen where the commercial lot abuts a residential lot. Said landscape screen shall be not less than six (6) feet in height within two years after planting. Alcoholic Beverage Sales. The ordinance authorizes a special use permit for the sale of alcoholic beverages for off-premise consumption only. Infrastructure. Water and sanitary sewer services are available along adjacent rights- of-way. The developer is responsible f.or the extension of utilities to the lots if necessary . Public Notification. Staff mailed notices to 23 adjacent property owners regarding this request. A complimentary notice was sent to the Hidden Oaks Homeowners Association. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Agenda Item No.3 - Page 2 PUBLIC HEARING SCHEDULE Planning & Zoning Commission: September 26, 2005 City Council: October 4 & October 18, 2005 RECOMMENDATION Approval ATTACHMENTS · Location Map · Zoning Map · List of Property Owners Notified · Draft ordinance Agenda Item No.3 - Page 3 Location Map Site 0-99-1167 Agenda Item No.3 - Page 4 Zoning Map Agenda Item No.3 - Page 5 list of Property Owners Notified Clifton D. Hales PO Box 338 Colleyville, TX 76034 Herman J Smith & Co Ltd. 1903 Central Drive Ste. 403 Bedford, TX 76021 Charles & Rob Ltd. 8235 Douglas Ave. Ste. 950 Dallas, TX 75225 Uhlmann-Colleyville LLC 13245 Riverside Dr. Ste. 500 Sherman Oaks, CA 91423-2172 Melvin & Martindale Ltd. 8235 Douglas Ave. Ste. 950 Dallas, TX 75225 Life Time Fitness, Inc. Attn: Real Estate Tax Dep1. 6442 City West Pkwy. Eden Prairie, MN 55344 Colonial Bank 1 Commerce S1. Montgomery, AL 36104 Mr. Fred J. Lee PO Box 491750 Lawrenceville, GA 30049-0030 CTL Properties LP 312 W Northwest Hwy. Grapevine, TX 76051 Libby W Brady 5405 Colleyville Blvd. Colleyville, TX 76034 Afrim & Hajri Bojku 2708 Cedar Springs C1. Bedford, TX 76021 Afrim & Ruzdi Bojku 3408 Glade Creek Drive Hurst, TX 76054 First Baptist Church of Colleyville HRT Properties of Texas Ltd. Mr. David P Linton 5300 Colleyville Blvd. 3310 W End Ave. Ste. 700 5562 Elkhom Drive Apt. 328 Colleyville, TX 76034 Nashville, TX 37203 Indianapolis, IN 46254-5281 Colleyville Church of Christ Valerie Hubbard First United Methodist Church 1008 Church S1. 4723 Meandering Way 5601 Pleasant Run Rd. Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 Gary 0 & Teresa Kerbow Stephen & Cheryl Moreland Fredric 0 Richmond 5700 Hidden Oaks Dr. 5609 Hidden Oaks Dr. 5607 Hidden Oaks Dr. Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 Terry & Dixie Leach Kenneth & Estilita Kerkering Min H Kim 5605 Hidden Oaks Dr. 5603 Hidden Oaks Dr. 5601 Hidden Oaks Dr. Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 Agenda Item No.3 - Page 6 John & Patricia Gooding Jr. 1007 Hidden Oaks Ct. Colleyville, TX 76034 HEC INC. % Stanley W. Jordon Pres. 2000 Greenwood Dr. South lake, TX 76092 Randall W & Margaret Johnson 5606 Hidden Oaks Dr. Colleyville, TX 76034 Eagle-Colleyville Towne Square Two Lincoln Centre/lB 29 5430 lBJ FWY Ste. 1575 Dallas, TX 75240-2641 Agenda Item No.3 - Page 7 ORDINANCE 0-05-_ AN ORDINANCE AMENDING ORDINANCE 0-04-1445 OF THE CITY OF COLLEYVILLE, TEXAS, REGARDING SCREENING, ADDITIONAL USES AUTHORIZED WITHIN THE PLANNED UNIT DEVELOPMENT DISTRICT AND AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this property is owned by the City of Colleyville and the City Council has directed staff to initiate an amendment to the zoning of this property under Case No. Z-05-026; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 2.2 of Ordinance 0-04-1445 regarding permitted uses is hereby amended to add the following permitted use: m. One bank/financial institution, not to exceed 4,000 square feet of floor area Sec. 2. THAT Section 2.7.a of Ordinance 0-04-1445 regarding screening is hereby amended in its entirety to read as follows: Sec. 3. a. The developer of each individual commercial lot shall construct a live evergreen landscape screen where the commercial lot abuts a residential lot. Said landscape screen shall be not less than six (6) feet in height within two years after planting. THAT Section 2.7 of Ordinance 0-04-1445 is hereby amended to add the following paragraph: e. A Special Use Permit for Alcoholic Beverage Sales for off- premise consumption is hereby authorized for this property. Ordinance 0-05-XXXX Page 2 of 2 Sec. 4. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 5. THAT Ordinance 0-04-1445 shall remain in full force and effect, except where amended by this ordinance. Sec. 6. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 7. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney _..___~.__,___......_~~,,~....",,_....A'_""' "'__"""""~'~'__"""."'___"'_.'_'___