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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/13/2006 City of Colleyville Meeting Agenda Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, November 13, 2006 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 2. ROLL CALL Commissioners Robert McCormick, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Dudziak 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES October 23, 2006 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Consider appointments of the Planning and Zoning Commissioners to the Park Land Dedication Committee 8. PUBLIC HEARING AGENDA ITEMS 8a Case Z-06-026- PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20-Single Family Residential on 1.06 acres on Lot 5, Block 1 of the Alianne Estates located at 6214 Theresa City of Colleyville Page 1 Printed on 11/9/2006 Planning and Zoning Commission Meeting Agenda November 13, 2006 Lane 8b Case Z-06-027 - PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20-Single Family Residential with a Special Use Permit on 17 acres out of the R.N. McEwing Survey and the McEwing Addition located at 712-900 Lavaca Trail 9. TABLED ITEMS 9a Case G-06-028- Consider amending the Planning and Zoning Commission's Rules of Procedure 1 o. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 11. COMMISSIONERS' COMMENTS AND REPORTS 12. I hereb ertify the ove agenda was posted on the bulletin boards at City Hall on November 9, 2006 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 11/9/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Minutes - Draft Monday, October 23, 2006 7:00 PM City Council Chambers Planninq and Zoning Commission City of Colleyville Minutes - Draft Planning and Zoning Commission 100 Main Street Colleyville. Texas 76034 (817) 503-1000 www.colleyville.com Monday, October 23, 2006 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on October 23, 2006, at 7:04 p.m. 2. ROLL CALL Commissioners Robert McCormick, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly were present. Staff members Barry LeBaron, Chris Fuller, Robert Woods, Rob McKeown and Amy Shelley were present 3. INVOCATION The invocation was given by Commissioner McCormick. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Duffy stated items 11 and 12 seem to have a copy and paste issue. There is a paragraph that repeats itself on both items. Recording Secretary Amy Shelley acknowleged. Commissioner Byerly suggested moving the motion before the discussion on the case. Mrs. Shelley acknowleged. City of Colleyville Page 1 Printed on 10/26/2006 Planning and Zoning Commission Minutes - Draft October 23, 2006 Commissioner Duffy moved to approve the October 9, 2006 meeting minutes with corrections. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Case P-06-056 - Final plat of Lot 4, Block 1 of the Meadows Creek Plaza Addition on 0.7 acres located in the 8200 block of Precinct Line Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy moved to approve case P-06-056. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 7b Case P-06-057- Preliminary Plat of Lots 1-9, Block 1 of the Lavaca Park Addition on 5.1 acres located in the 1000 block of Lavaca Trail Commissioner Byerly stated this agenda item would be heard at the same time but with a seperate vote, with Case Z-06-025 since the zoning will have to be in place before any plat can be approved. 7c Case G-06-028- Consider amending the Planning and Zoning Commission's Rules of Procedure Barry LeBaron briefed the Commissioners regarding amending the Planning and Zoning Commission's Rules of Procedure to remove reference to Robert's Rules of Order as requested by the City Attorney. Commissioner Byerly suggested scheduling a workshop for this item to be able to go over them in more detail. Commissioner Duffy concurred and stated he is a firm advocate of the Robert's Rules as written without amendments. If this is going to be done, the Commission needs to be clear and certain. Commissioner Duffy moved to table case G-06-028 till a work session can be scheduled. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly City of Colleyville Page 2 Printed on 10/26/2006 Planning and Zoning Commission Minutes - Draft October 23, 2006 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a Zoning Change from R40-Single Family Residential to R20-Single Family Residential on 5.105 acres out of the R.N. McEwing Survey located in the 1000 block of Lavaca Trail, Case Z-06-025 Commissioner Byerly stated at the same time, case P-06-057 would be heard with this agenda item since the zoning will have to be in place before any plat can be approved. Chris Fuller presented cases (Z-06-025 and P-06-057) and briefed the Commissioners. Commissioner Duffy stated for point of clarity, there will be two separate votes for each case. Commissioner Byerly concurred and stated the zoning will have to be in place before the plat can move forward. Commissioner Byerly opened the public hearing at 7:15 p.m. John Fegan, the developer, and Clark Miller, the applicant, came forward to present the case and brief the Commissioners. Commissioner Duffy stated to Mr. Fegan the back of the property is 10 feet higher than the street. Mr. Fegan stated instead of having a flat detention pond in the front of the development, we have added contours to mound up the front entryway. Commissioner Duffy questioned Mr. Fegan regarding if there will be retention ponds with aerators or detention ponds? Mr. Fegan replied detention ponds. Commissioner Duffy questioned Mr. Fegan regarding in the detention ponds, the overflow will go where? Mr. Fegan referred that question to Ed Kellie, the Engineer for the project. Mr. Kellie replied the property is a little over five acres and drains from north to south towards Lavaca Trail. The intention is to maintain the pattern of the existing drainage. The calculations will require detention ponds in a 100 year event and will take up most of the HOA area of open space in the front of the property and will flood to a depth of two to two and a half feet. He stated as all of the subdivisions, that have been presented recently on Lavaca Trail, come to fruition, all of the drainage issues will be addressed and resolved as the development of the area takes place. He explained to the Commissioners the drainage plans that are being put in place by all of the developments. Commissioner Duffy questioned staff if those drainage documents are in place? City Engineer Robert Woods replied the final construction plans are not in place, however, that is the intent of the developer as stated in the drainage analysis. Commissioner Duffy stated it appears that off site drainage easements will have to be acquired by several property owners before anything else can be done. Mr. Woods stated the developers are working on their final design and all off site drainage easements are acquired during that final stage. City of Colleyville Page 3 Printed on 10/26/2006 Planning and Zoning Commission Minutes - Draft October 23, 2006 Commissioner Duffy questioned staff regarding when are those easements required to be in place, before the Commission can vote or after? Mr. Woods replied those easements would be in place at the time of final plat. Commissioner Taylor questioned Mr. Miller regarding if Ramon Chandler has been approached about purchasing his property? Mr. Miller replied yes, but the property is zoned commercial which created an issue for our development. Commissioner Taylor stated having concerns for a five acre plot here and another five acre plot stand alone, there is an issue with water standing. She stated not seeing any consistency with having this many drainage systems to take care of the overall water issues. Mr. Fegan replied that is why they have gone with Mr. Kellie because he is designing the development across the street from this property which will help with the consistency of the drainage systems. Commissioner Dudziak questioned staff regarding if Mr. Chandler's property drains to this property? Mr. Kellie replied there is a drainage ditch that allows Mr. Chandler's property to drain along the west side of this property to the pond. He stated this drainage is self contained and drains towards Lavaca Trail to the front of this development. Commissioner Dudziak stated you have no control over what Mr. Chandler does with this property, correct? Mr. Kellie replied correct. Commissioner Dudziak stated knowing of other subdivisions of Mr. Chandler's that have drainage issues. Commissioner Dudziak he wants some assurances that the developers of this property are not going to be subject to some change Mr. Chandler could make. Commissioner Dudziak questioned staff regarding if Mr. Chandler is required to drain through the Rosewood Villas properties? Mr. Woods replied they are draining down through, as Mr. Kellie has stated, along the west property line in the channel that is in place and the detention pond functions in that area. Commissioner Taylor stated the Rosewood Villas development has a big detention pond in the back of the development. Mr. Woods concurred with Commissioner Taylor, along the northern property line of the subject property. Commissioner Dudziak questioned staff regarding what assurances do the Commissioners have that Rosewood Villas will have the continued services of these other two parcels of property? Mr. Woods replied any changes made to the drainage systems will have to go through the Engineering department. Barry LeBaron stated the property owners will have to respect the drainage easement to the north because it is already in place. Commissioner Dudziak stated that drainage easement is there just for the northern property. Barry LeBaron agreed, but it handles the drainage, as stated, it does not drain onto this site. Commissioner City C?f Colleyville Page 4 Printed on 10/26/2006 Planning and Zoning Commission Minutes - Draft October 23, 2006 Dudziak agreed, but we are looking at the outflow going downstream further down Lavaca Trail, as well as the developments to the west and he stated his concern is we do not have the legal instruments in place to make sure that the subdivision to the north are going to get their drainage to the south, nothing except for an easement going westbound. Commissioner Duffy questioned staff if it would be possible for the preliminary plat be resubmitted with the easements shown on it? Commissioner Byerly stated it does not need to be on this plat because it has no affect on this plat, that easement is for the property to the north. Barry LeBaron replied a copy can be provided to you, but this property is not dependant on this easement. that you are referring to. Commissioner Byerly questioned staff if any of the surrounding properties dump any water onto this property that is not currently flowing onto this property without going through city engineering and having some plan approved? Mr. Woods replied there would not be any, because as indicated, the off site is not directed from topography, the fall is away from this site and does not effect this from an off site drainage area. Commissioner Dudziak stated the flow will be increased down stream by increasing the density of the property, do not we have a responsibility to insure that the downstream effects will not be adversely impacted? Barry LeBaron replied the developer is putting in detention ponds on this site at the front of this development to accommodate the run off on this site. He also stated that under the current zoning, the developer could build five residential lots today, the developer is asking for a rezoning to R20 for nine lots, only changing the density by four additional lots. Commissioner Dudziak agreed. Mr. Fegan stated the final trigger for us, the developer, would be the final plat process. Jeff Zimmerman, 501 Lavaca Trail, stated having concerns for the traffic on Lavaca Trail as well as the cut through traffic in Remington Park. Judy Ruggeri, 1101 Lavaca Trail, spoke in favor of the development and stated having concerns for the drainage in this area and the traffic. She stated there does need to be another street connecting north and south. There being no one wishing to speak, the public hearing was closed at 7:50 p.m. Page 5 Printed on 10/26/2006 City of Colleyville Planning and Zoning Commission Minutes - Draft October 23, 2006 Commissioner Duffy moved to table case Z-06-025 until such time the applicant comes forward with agreements from the surrounding properties, so that the Commission knows what will happen in the future for the occupants downstream to this area. Commissioner Byerly questioned City Attorney whether or not those conditions can be made to table this item? Attorney Michael stated the motion can not be a mandatory requirement for zoning. The zoning can not be made a condition on the platting when it is not necessary. Commissioner Duffy replied he moves to table without conditions. Commissioner Dudziak seconded. Commissioner Taylor questioned Commissioner Duffy regarding what benefit does the Commission have by tabling? Commissioner Byerly agreed and stated it not being fair to hold the developer for drainage issues when the Land Development Code provides the developer can not allow anymore water on the neighboring properties than he is currently doing. The engineers seem to have the plans in place and the final plat process will still have to be gone through, which are actually in the works. Commissioner Duffy stated the Commission's job is to not only zone, but to plan and for this Commission to rezone without any consideration to the downstream affects, we are not planning. The water treatment in this area has not been planned in advance. Commissioner Taylor stated this five acre plot going into a subdivision as it stands right now, is not a good fit, and that is the Commission's job. She stated not believing that this is the best fit for this land. Commissioner Redfearn stated the Commission has the opportunity during the preliminary and final plat to accomplish those objectives and he stated being opposed to tabling. Commissioner Byerly respectfully disagreed with Commissioner Duffy and stated the city engineers have approved and stated being opposed to tabling with that in mind. Commissioner Duffy stated again, planning is one of the objectives to this Commission. A north south street was proposed, but it was voted down. The property owners wanted to keep the rural country feel and they did not want the road. Now, those property owners are selling and now they want that road. The Commission has to do one of two things, we either have to plan all the way, allow this extra growth in there and provide roadways for them, or we have to keep it like it is. He stated if the Commission does not believe the plat is complete, then the Commission has the right under planning and a technical right under zoning, not to approve it, if so chosen. He stated choosing to table this item to let the developer get their act together. Commissioner Dudziak concurred and stated this is the point where the Commissioners have the most control as a planning board and while there have been decisions made in the past, the Commission really has not done a good job of thinking through what the ultimate end could be. The road is a good issue, the traffic issue on Lavaca Trail, adding additional cars to a road that is sub par. He City of Colleyville Page 6 Printed on 10/26/2006 Planning and Zoning Commission Minutes - Draft October 23, 2006 stated wanting the engineering department show him the numbers that Lavaca Trail could handle in it's current condition in a safe manner. There is not any money in any budget to improve this road. He stated if the Commission take a break to get all of the drainage in place, to understand a little bit more, the Commission can make a better decision for the citizens of Colleyville. The motion failed by the following vote: Aye: 2 - Dudziak, Duffy Nay: 5 - McCormick, Redfearn, Taylor, Phelps, Byerly Commissioner Byerly moved to approve case Z-06-025. Commissioner McCormick seconded. Commissioner Taylor stated this not being the best and highest use of that land and approving another five acre tract is the answer. Commissioner Byerly concurred but unfortunately Lavaca Trail is not being developed as one big development. Commissioner Taylor stated the market is moving toward this area and there will eventually be land available to the west and to the north to develop properly and bring the road through. Commissioner Phelps stated concurring, however, he stated not wanting to keep a developer on hold that meets all of the criteria. He stated the traffic and drainage issues need to be addressed, but not by holding up this developer. Commissioner Redfearn stated this is a good use for this land, a buffer, it seems consistent and the design by the developer is a good and attractive design. Commissioner Duffy reminded the new Commission members that once the zoning is approved, when the platting comes in, the Commission's hands are tied. If the developers pass all of the platting criteria, the Commission can not demand drainage or traffic and the flexibility is gone. Commissioner Redfearn questioned Commissioner Duffy regarding what is that time horizon that would be satisfactory on those issues? Commissioner Duffy replied that being up to the applicant to talk to the local people to get those issues resolved. Commissioner Redfearn questioned Commissioner Duffy regarding traffic? Commissioner Duffy replied there is nothing in the budget, so it could be a cow road, like it is now, for a long time. He stated the planning function is to not burden the people who are living there, just because some new developer wants to come in and cut up a piece of property. He stated this Commission tried to amend the Master Thoroughfare Plan and give the city council three options, and they chose none of them. Now homes are being added, where access is needed. Commissioner Taylor stated two years down the road, as all of these developments get done, and all of these houses are occupied, she promised that as these people come from 800 to a million dollar homes come onto Lavaca with pot holes, the city will get many phone calls regarding when will the road be fixed? City of Colleyville Page 7 Printed on 10/26/2006 Planning and Zoning Commission Minutes - Draft October 23, 2006 The motion passed by the following vote: Aye: 4 - McCormick, Redfearn, Phelps, Byerly Nay: 3 - Dudziak, Taylor, Duffy Commissioner Byerly moved to approve case P-06-057. Commissioner McCormick seconded. Commissioner Duffy stated the plat is inadequate and incomplete. Commissioner Byerly questioned Commissioner Duffy in what ways is the plat incomplete? Commissioner Duffy replied it has already been mentioned. Commissioner Byerly responded staff has stated the plat meets the Land Development Code requirements. Chris Fuller concurred. Commissioner Dudziak questioned the Commissioners if the Commission is to ignore all of the ancedotal evidence and go along strictly with the code and say that we should no longer take the potential problems into consideration? Commissioner Byerly replied not saying that at all, he stated he puts his faith in the city engineer which is not going to approve a plan that puts more water on any property than they are receiving now. If those properties are getting flooded now, it is not the Commission's job to stop that. Commissioner Duffy disagreed, the city engineers are looking at the law and the code, however, this property plus all of the properties combined, the city staff's job is not to plan, not to look ahead, it is the Commission's job to plan and look ahead and if the Commission sees what is up ahead and what is being approved is compounding the property because of those issues, then the Commission is failing in their job. Commissioner Byerly stated the Land Development Code does look ahead to resolve those issues, if the sum is going to be greater than the whole parts because none of those properties can put any more water than what is currently being placed, no one along there can do that. Therefore, when someone comes along and states they are getting flooded and they never have before, then that is a problem, but when they say they have always gotten flooded, that is not a problem. Commissioner Duffy stated the sins of the past Commissioners are coming back to haunt this Commission. No one held anyone's feet to the fire around here for years. This was the good old boy city and 30 years ago they could do whatever they chose, with whatever roads they had with zoning or platting. Now, we can make those wrongs better. He stated many years ago when he was on city council, the city was sued for drainage issues, however, the city lawyers were able to talk them out of it. But it was a lack of responsibility on what was going on and that is what he is wanting to correct now with this Commission. Commissioner Byerly concurred, however, he stated he is not an engineer and he puts his faith in the city engineer department to correct those issues. Commissioner Dudziak stated he too believes in the engineering department, however, approval after approval, there continues to not address the traffic just on this street alone. He stated if this were to be developed as one large development, there would be a lot more people here to address those concerns Page 8 Printed on 10/26/2006 City of Colleyvi/le Planning and Zoning Commission Minutes - Draft October 23, 2006 for drainage and traffic. He stated the Commission is not holding anyone back, the Commission is holding to standards that as a planning board need to consider. He stated the R20 zoning has been approved, however, if the Commission were to hold off on this plat, to make sure all pieces are in place as they have said they would be. The Commission would then be more comfortable to make a positive vote. Attorney Michael Fallas stated the State law requires that if the plat meets the requirements, then the Planning and Zoning Commission shall approve the plat. Commissioner Dudziak replied it would be challenging the law as to whether it was interpreted correctly, if the Commission decides to vote against this plat, we would be sued, correct or the Commission could assume they would be sued? He stated why should the Commissioners be afraid necessarily to take a stand, it happens all the time. Attorney Fallas replied it being his duty to guide you in the legal requirements. Commissioner Dudziak stated he appreciated it. Commissioner Redfearn stated there are lots of big picture problems, with Lavaca, with the connection to McDonwell, which need to be addressed separate from he application before the Commission. Commissioner Taylor stated if this is approved, which it appears it will, there is only one other place that this issue can be addressed. Commissioner Dudziak stated the Commission has none if they comply with all of the regulations. They do not have to do one more thing, just like Mr. Chandler does not have to allow the Rosewood community to eventually flow through his property. The Commission has put those pieces in place and there are properties potentially at risk and we have not done our job in his opinion. He stated when the zoning was passed, the Commission lost it's control. The motion passed by the following vote: Aye: 4 - McCormick, Redfearn, Phelps, Byerly Nay: 3 - Dudziak, Taylor, Duffy 9. TABLED AGENDA ITEMS 9a Case P-OG-051 - PUBLIC HEARING - Final plat for Lots 9A and 9B, Block 1 of the Colleyville Industrial Park Addition being a replat of Lot 9, Block 1 of the COlleyville Industrial Park Addition Commissioner Duffy moved to remove case P-06-051 from the table. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Chris Fuller updated the Commissioners regarding this agenda item. City of Colleyville Page 9 Printed on 10/26/2006 Planning and Zoning Commission Minutes - Draft October 23, 2006 Commissioner Duffy questioned staff regarding what are the plans for Wyatt Drive? Chris Fuller replied Wyatt Drive was taken off of the Thoroughfare Plan and reduced to a local street. Chris Fuller replied the setback requirements meet the zoning district standards. The right of way meets the required dedication by the applicant to subdivide the plat. Commissioner Dudziak questioned staff regarding how close from the property line to the back of one of the homes in Ross Downs to the closest that this building could be? Barry LeBaron replied 54 feet. Commissioner Byerly questioned staff regarding with the waiver and with what can currently be done right now? Barry LeBaron replied 68 feet, a difference of about 14 feet. Commissioner Phelps questioned staff for clarity, as is, there is a 15 foot setback from Wyatt Drive, correct? Chris Fuller replied incorrect, there is a 40 foot setback. Commissioner Phelps stated subdividing the lot did not change that at all? Chris Fuller replied correct. Barry LeBaron stated had Wyatt Drive not been in place, a building could have been placed up to 25 feet from those fences. The 54 feet doubles that. Commissioner Dudziak questioned staff if a requirement could be made that the traffic not exit onto Wyatt? Barry LeBaron replied no. Commissioner Taylor questioned lighting, will there be a glare? Barry LeBaron stated the developer is here and can answer those questions. Commissioner Byerly opened the public hearing at 8:25 p.m. Tom Miller, the owner and applicant, came forward and withdrew his application. 1 o. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Barry LeBaron reminded the Commissioners regarding a possible workshop on Thursday night November the 2nd. He stated Recording Secretary Amy Shelley will send an email to see when you are available. 11. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Duffy stated planning versus pure zoning and stated he feels like his hands are tied. If a plan comes forth, and meets all of the requirements, a codesal can not be put on a vote even if there are reservations. He stated he feels there have been swings made in the master plan. He stated being tired of hearing the empty nesters term. He stated he does not like to have a position of total hand lock when we as Commissioners come up with a vote and should be analyzing and looking at and voting with the best interest in the whole city not just that developer. City of Colleyville Page 10 Printed on 10/26/2006 Planning and Zoning Commission Minutes - Draft October 23, 2006 Commissioner Dudziak stated saying no to an individual piece of property is not necessarily saying no to his ideas and his dreams as to what he wants to do. He stated it is not the Commission's job, that just because it meets all of the specifications, we have to go along with that. Our job as a Commission, is a governing organization is to think for the larger good of our citizens and the larger good of even the developers. What we want to plan on as a city, is a better community. We pieced milled Lavaca and we have not done a good job. If we would have said no in the beginning, we may have had some different development here, but we, as a Commission, voted many cases in a piece milled fashion and as we go forward, I hope we can be bigger than that and act as a governing body and not as an individual parcel approval organization. Commisioner Taylor stated her concern is the big picture, what is going to happen on Lavaca road as it becomes pot holed, and the calls come in to the city, knowing that we could not keep that road up to standard. Commissioner Redfearn stated as well as those rims on those tires. He stated the big picture is around this Thoroughfare Plan that seems to give us little hope in any near term for this north south collector that is the long term problem. However, this can be addressed in the future and try to work to and solve this underlying issue. Commissioner Duffy stated this issue needs to be on the work shop agenda. Barry LeBaron concurred. Commissioner Byerly stated this north south road was proposed and the Commissioners were overuled by the citizens who did not want it. Commissioner Taylor stated not being as concerned with the north south road as she is with Lavaca. 12. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on October 19, 200G There being no further business before the Planning and Zoning Commission, the meeting adjourned at 8:33 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 11 Printed on 10/2612006 City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 11/13/2006 Requester: Community Agenda No.: 7a Final Action: Development Department File Name: Consider appointments of the Planning and Zoning Commissioners to the Park Land Dedication Committee Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 11/13/2006 Planning and Zoning Commission Title Consider appointments of the Planning and Zoning Commissioners to the Park Land Dedication Committee Explanation Chapter 11 of the Land Development Code establishes requirements for park land dedication. This Chapter also establishes a Park Land Dedication Committee. The Committee is made up of two members each of the Planning and Zoning Commission and Parks and Recreation Board. The duties of this committee are listed below. This committee is an advisory committee to the Planning and Zoning Commission and City Council on park land dedication issues. a. Review proposed parkland dedication fund expenditures and make recommendations to the Planning and Zoning Commission and the City Council. b. Review the Parks and Recreation Master Plan every three years and make recommendations for modification or alteration. The Planning and Zoning Commission must appoint one member to this committee to conincide with their respective terms on the Planning and Zoning Commission. At the present time, Dave Dudziak is fulfilling one position through September 2007 and the position that Denis Duffy had been fulfilling expired September 2006. City of Colleyville Page 1 Printed on 11/8/2006 City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 11/13/2006 Requester: Community Agenda No.: 8a Final Action: Development Department File Name: Case Z-06-026- PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20-Single Famiy Residential on 1.06 acres on Lot 5, Block 1 of the Alianne Estates located at 6214 Theresa Lane Attachments: Zoning and Location Map . List of Property Owners Notified . Zoning Exhibit. Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 11/13/2006 Planning and Zoning Commission Title Case Z-OG-02G- PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20-Single Family Residential on 1.06 acres on Lot 5, Block 1 of the Alianne Estates located at 6214 Theresa Lane Explanation STAFF REVIEW COMMENTS Dean Larson has submitted a request to rezone 1.06-acres of land located on the northwest side of Theresa Lane and approximately 725 feet north of Shelton Drive. The property is currently zoned R40-Single Family Residential. Request. Rezone from R40-Single Family Residential to R20-Single Family Residential. Location. The 1.06 -acres is located at 6214 Theresa Lane in the Alianne Estates subdivision. Platting. The proposed rezoning request consists of one platted lot. The property is currently undeveloped. The applicant has indicated plans to replat the property into two lots upon approval of the rezoning request. Approval of a replat will be required prior to the issuance of building permits for the newly created lot. Lot Sizes. The developer has submitted a conceptual layout of the property showing a City of Colleyville Page 1 Printed on 11/8/2006 Agenda Briefing Continued potential lot configuration. This site is sufficiently large enough to accommodate a two lot development. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100-feet and lot depth of 125-feet. The proposed lots, as shown on the zoning exhibit, meet the development requirements of the R20 zoning district. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The R20-Single Family Residential zoning district allows residential uses. The R20 zoning designation is in compliance with the Colleyville Master Plan recommendation. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the north are zoned RE-Single Family Estate Residential and AG-Agricultural and are developed as single family residences. The properties to the east and south are zoned R40-Single Family Residential and are currently undeveloped. The properties to the west are zoned AG-Agricultural and are developed as single family residences. Sidewalks and Trails. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks along Theresa Lane and must be four (4) feet wide. Public Notification. Staff mailed notices to five 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. Summary. The request to rezone the property to the R20 zoning designation is in compliance with the Colleyville Master Plan and the property does conform to the R20 lot development criteria. It should be noted that when the land constituting the Alianne Estates development was rezoned from AG-Agricultural to the R40-Single Family zoning district, the applicant pursued the zoning request in order to prevent the lots being zoned R20-Single Family Residential and developed as half-acre lots. As requested, the rezoning would permit two R20 lots within the R40 development. Recommendation Approval City of Colleyville Page 2 Printed on 11/8/2006 Z-06-026 Dean Larson, applicant 1412 San Jacinto Drive Flower Mound, TX 75028 Doody, Kevin Etux Kathy 1109 Somerset Blvd Colleyville, TX 76034 List of Property Owners Notified Dean Larson, applicant 1412 San Jacinto Drive Flower Mound, TX 75028 Alianne Partners Lp 601 Shelton Dr Colleyville, TX 76034 Labrecque Family Lp PO Box 820895 North Richland Hills, TX 76182 Dean Larson, applicant 1412 San Jacinto Drive Flower Mound, TX 75028 Darrow, Kenneth R Etux Cheryl PO Box 1806 Colleyville, TX 76034 Labrecque, Jimmy Etux Tiffany 6214 Ld Lockett Rd Colleyville, TX 76034 Zoning Exhibit ~~ ~. ,'b ( 00 o . 0'1 t- ~ Q) t-: ~ Rl ~ ~ cd rJ) Q) ~ Q) ...0 ~ .. ./ /. .. Proposed Lot A 24,771 sq ft 0.57 ac . -.. -.. -.. -.. _.. _.._. ._a. _.. _.._.. _.. _.. ~ o . ~ 0'1 ~~ N N ~ 167.52 Proposed Lot B 21,661 sq ft 0.497 ac ORDINANCE 0-06-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 1.06 ACRES OF LOT 5, BLOCK 1 OF THE ALlANNE ESTATES ADDITION, FROM THE R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO R20-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED 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. Z-06-026; 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 0-06-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 Lot 5, Block 1 of the Alianne Estates Addition from the R40-Single Family Residential zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A". 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 violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed the sum of Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 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. AND IT IS SO ORDERED. Ordinance 0-06-xxxx Page 3 of 3 The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. 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" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 11/13/2006 Requester: Community Agenda No.: 8b Final Action: Development Department File Name: Case Z-06-027 - PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20-Single Family Residential with a Special Use Permit on 17 acres out of the R.N. McEwing Survey and the McEwing Addition located at 712-900 Lavaca Trail Attachments: Location and Zoning Map . List of Property Owners Notified . Zoning Exhibits . Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 11/13/2006 Planning and Zoning Commission Title Case Z-OG-027 - PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20-Single Family Residential with a Special Use Permit on 17 acres out of the R.N. McEwing Survey and the McEwing Addition located at 712-900 Lavaca Trail Explanation STAFF REVIEW COMMENTS Jeffrey Zimmerman has submitted a request to rezone 17 acres of land located on the north side of Lavaca Trail, approximately 275 feet west of Mustang Trail. The property is currently zoned R40-Single Family Residential. The applicant is also requesting consideration of a Special Use Permit (SUP) to allow grazing cattle on the property. Request. Rezone from R40-Single Family Residential to R20-Single Family Residential with a Special Use Permit to allow grazing cattle on the property. Location. The 17 acres is located at 712-900 Lavaca Trail. Platting. The proposed rezoning request consists of unplatted properties and one platted lot. The property is currently developed with a single family house. In order to subdivide the property, approval of a replat will be required prior to the issuance of building permits for the newly created lots. City of Colleyville Page 1 Printed on 11/9/2006 Agenda Briefing Continued Special Use Permit. The applicant is also requesting approval of a Special Use Permit (SUP) to allow grazing cattle on the property. Grazing cattle are permitted by right within the AG-Agricultural and RE-Single Family Estate Residential zoning districts and horses with private stables are permitted by right in the AG, RE and R40-Single Family Residential zoning districts. In order to permit horses with private stables within the R20 zoning district, the Land Development Code requires that a SUP be approved by the City Council. The Land Development Code does not permit grazing cattle in the any zoning district other than the AG and RE districts. Staff is recommending that a condition be placed within the ordinance stating that if the property is subdivided in the future, the SUP permitting the grazing of animals will become void. The applicant is aware of this staff recommendation and has agreed to this condition. Lot Sizes. This site is sufficiently large enough to accommodate development requirements of the R20 zoning district. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100-feet and lot depth of 125-feet. Upon approval of the rezoning, the property could be subdivided into approximately 34 single family lots. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The R20-Single Family Residential zoning district allows residential uses. The R20 zoning designation is in compliance with the Colleyville Master Plan recommendation. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the north are zoned PUDR-Planned Unit Development Residential and R20-Single Family Residential and are developed as single family uses (Rosewood Villas and Remington Park). The properties to the west and south are zoned R20-Single Family Residential and are currently being developed for single family uses. The properties to the west are zoned PUDR-Planned Unit Development Residential and R20-Single Family Residential and are developed as single family uses (Remington Park). Sidewalks and Trails. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks along Lavaca Trail and must be four (4) feet in width. Public Notification. Staff mailed notices to 36 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 req uest. Recommendation Approval with the condition that the Special Use Permit becomes void upon the future sub-dividing of the property. City of Colleyville Page 2 Printed on 11/9/2006 Location and Zoning Map Z-06-027 Zimmerman, Jeffrey K applicant 501 Lavaca Trl Colleyville, TX 76034 Brown, Sean W 2700 Tibbets Dr Ste 350 Bedford, TX 76022 Crawford, Scott Etux Michelle 502 Mustang Ct Colleyville, TX 76034 Gary Panno Inc PO Box 715 Colleyville, TX 76034 Gohr, Martin Etux Lorraine 809 Lavaca T r Colleyville, TX 76034 Lamberth, Geo A Etux Sharrian 503 Mustang Ct Colleyville, TX 76034 Maner, Jolene C 506 Mustang Ct Colleyville, TX 76034 Michelsen, John J III 619 Terrace Ln Colleyville, TX 76034 O'Hanlon, Kerry Lyn 709 Arcady Ln Colleyville, TX}6034 List of Property Owners Notified Zimmerman, Jeffrey K applicant 501 Lavaca TrI Colleyville, TX 76034 Anderson, Gregory L Etux Tina 509 Belmont Dr Colleyville, Tx 76034 Chandler, Raman PO Box 611 Colleyville, TX 76034 Dacy, Carol Crowder Etvir Tim 6500 Horseshoe Bnd Colleyville, TX 76034 Giacomini, Stephanie A 805 W Lavaca T rl Colleyville, TX 76034 Gtp Acquisition Partners II 1801 Clint Moore Rd Ste 215 Boca Raton, FL 33487 Larson, Charles Etux Marsha 615 Terrace Ln Colleyville, TX 76034 Martin, Stephen L Etux Nan C 813 W Lavaca Trl Colleyville, TX 76034 Morrison, David J 603 Terrace Ln Colleyville, TX 76034 Ortiz, Maria T 505 Belmont Dr Colleyville, TX 76034 Zimmerman, Jeffrey K applicant 501 Lavaca Trl Colleyville, TX 76034 Bouton , Terry L Etux Debra L 611 Terrace Ln Colleyville, TX 76034 Cochran, Jerry W Etux Anne M 511 Mustang Ct Colleyville, TX 76034 Gardner, Thomas J Etux Melinda 607 Terrace Ln Colleyville, TX 76034 Glasgow, William Etux Karen 6400 Bordeaux Park Colleyville, TX 76034 I nvitation Park III Lp 215 W College St Grapevine, TX 76051 Ldds Communications Inc 500 Clinton Center Dr Clinton, MS 39056 Mcintosh, Doyle & Mary Fam Lp 8333 Thornhill Dr North Richland Hills, TX 76180 Myers, John R Etux Adrienne A 504 Lavaca T r Colleyville, TX 76034 Pacilio, William J Etux Nancy 500 Lavaca T rl Colleyville, TX 76034 Peek, Edward Allen Etux Darcy 507 Mustang Ct Colleyville, TX 76034 Rem Park H A Inc PO Box 343 Colleyville, TX 76034 Terry, Douglas L 717 Arcady Ln Colleyville, TX 76034 Pratt, Leonard E 711 W Lavaca Trl Coli eyville, TX 76034 Rogers, Patricia A 725 Arcady Ln Co II eyville, TX 76034 Thompson, Harold D Etux Sandra 6401 Lorraine Park Colleyville, TX 76034 Randall, Mark R 6111 Mustang Trl Colleyville, TX 76034 Royal Lepage Relocation Servic 1905 Harney St Ste 300 Omaha, NE 68102 Westgate Villas Ltd PO Box 611 Colleyville, TX 76034 Jeffrey K Zimmerman 501 Lavaca Trail Colleyville, TX 76034 October 13,2006 City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Zimmerman Ranch - Zoning Change from R40-R20 and Special Use Permit for Grazing Animals I am requesting a zoning change from R40 to R20 on my 17+ acres located on Lavaca Trail. I am requesting the zoning change in order to keep my land cohesive with the surrounding zoning. The special use permit (SUP) is needed for grazing animals so that I may continue to keep my cattle on this land. Regards, . ~~UYI! ;5~ Jege~ K. Zimmerman Jeffrey K Zimmerman 501 Lavaca Trail Colleyville, TX 76034 October 13,2006 SPECIAL INSTRUCTIONS FOR BARRY LeBARON Re: Zimmerman Ranch - Zoning Change from R40-R20 and Special Use Permit for Grazing Animals Barry, As discussed, I am applying for the single Ordinance that includes: Section 1: R20 zoning Section 2: SUP for grazing animals so that I may continue to keep livestock We had determined that the SUP should expire if any portion of the property is platted or replatted, so we need wording in the SUP to reflect this. Thank you, z:J/h / /-' Jffl4 f. Zimmerman Ph: 817-427-4130 Mobile: 817-637-6677 Email: jzidi@ao1.com ~: ;i , -' ~~ ;? :-: ~ N ~i ~~ >~ ~i. ~ ,... ~; ::;:';..~ I!' 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'M>ll".. ,,~o ..~(l .::;t; or ~~ g" .~ c~ ~,,;;!... ."! fJ ~.",~j;\'ioJ~ ~~ ili ~. ~ __,,;~ i!.~g ~~g1r~~g' M>; ;,~ g .! ~~~~ ~*~ .~nl.~~~i I~ ~~ ~, ~lo ~ ~vr, ~~~ z v~- ~i ~" ;, _' a")I"" ~.- i~~a~ n~.~! ~c ~ ~ ~ ~S~ -q~ ;~~~; ~~~~: ~~ 2 ~D ,.0' -I< ~~- I ,.~ ". "~ i~ 8~~ ~" ~~ .. ~... ~'" ~ ~ '} .: ~ ., ~l i ~ :~q ~~! ~u_ ., ,:- :~~{1'~ " , "..~ ". D-i2-J> </, - " ~~ ~,~~i ~; ~F- ~!;:.;~ -, ~~ g;~J 6. ~ ~.:~ i ~:~ ~ ~:t ~ #. - :)-~~;!! ..>,~""C '~fll~ ~ i- ~(~ t.: ~.~'i ~.. ,. ~~~ ~;r~-~-' ~!!. ~=-!-). '.' / I I!Xa IS~ \ '..... I / / ~ ./ --- ----- DETAIL ONE STORY BRICK ct FRAME RESIDENCE BEING TRACT C, McEWING SUBDIVISION. AN ADDITION TO THE CIlY OF HURST. TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME J88-- 45. rAGE 878. PLAT RECORDS. TAHHA....'T COUN1Y. TEXAS, AND A TRACT OF LAND OUT OF Ti-iE R.i-i. McE'V-iiNG SURVE'l'. ABSTRACT NO. i i 5.... TARRANT COUN". TEXAS, AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4989. PAGE 659, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A l/Zr. IRON PIN FOUND IN THE NORTH UNE m W. LAVACA THAll fUR (HI:: SOUTHWESr CORNER OF TRACT BEING DESCRIBED. SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID TRACT C, McEWING SUBDIVISION AND BY DEED BEING LOCATED 1572.75 FEET SOUTH 0 DEGREES 30 MINUTES EAST AND 2487.15 FEET EAST FROM THE NORTHWEST CORNER OF SAID McEWING SURV1:.'"Y; THENCE NORTH 00 DEGREES 22 MINUTES 54 SECONDS EAST 638.55 FEET (DEED CALL NORTH 638.42 FEET) ALONG THE EAST LINE OF SAID TRACT C. McEWtNG SUBDIVISION TO .A 1/2- IRON PIN FOUND fN THE SOUTH UNE OF BLOCK 1. REMINGTON PARK, PHASE lWO. AN ADDITION TO THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS. ACCORDING TO THE PLAT RECORDED IN CABINET A. SLIDE 4801, PLAT RECORDS, T.o\RRANT COUNTY, TEY_~, FOR THE NORTHWEST CORNER Of TP.ACT BEING OESCR!BED. SAID PO!~JT ALSO BEING THE NORTHEAST CORNER OF SAID TRACT C, McEWING SUBDIVISION; THENCE NORTH 89 DtGREES' 34 MINUTES 32 SECONDS EAST 203.60 FEET (DEED CALL EAST 204.70) ALONG THE SOUTH LINE OF SAID SLOCK 1. REMINGTON PARK. PHASE TWO TO A 3/8w IRON PIN FOUND FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 15. SAID BLOCK ..1. REMINGTON PARK. PHASE TWO: .HENCE SOUTH 00 DEGREES 32 MINUTES 56 StCONDS WEST 47; .98 FEET (DEEU CALL SOuTH) ALONG THE WEST UHf OF SAID BLOCK 1. REMINGTON PARK. PHASE TWO, TO A CAPPED IRON PIN SET FOR THE SOUTHWEST CORNER OF LOT 17. SAID BLOCK 1, REMINGTON PARK. PHASE TWO. SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT A2, LA. SMITH ADDITlON. AN ADDITION IN TARRANT COUNTY. TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-60. PAGE 31, PLAT RECORDS, TARRANT COUNTY. TEXAS: THENCE SOUTH 00 DEGREES 17 MINUTES 03 SECONDS EAST 166.64 FEET (DEED CAll SOUTH) ALONG THE WEST UNE OF SAID LOT A2. LA. SMITH ADDITlON TO A 5/8" IRON PIN FOUND IN THE NORTH LINE Of W. LA.VAC.A. TRAJL FOR THE SOUTHEAST CORNER OF TRACT BE!NG DESCR!BED; THENCE SOUTH 89 DEGREES 35 MINUTES 43 SECONDS WEST 204.15 FEET (DEED CAlL WEST 204.70 FEET) AlONG THE NORTH LINE OF SAID W. LAVACA TRAIL TO THE POINT OF BEGINNING AND CONTAINING 2.975 ACRES OF LAND. MORE OR LES;S EASEMENTS DO NOT EFFECT: VOL. YSC. PG. 52g. C.R.LC.i. VOl. 3271. PG. 25. O.R.T.C.T. EASEMENT DOES EFFECT: VOL. 3068. PG. 295. O.R.T.C.T.- BlANKET EASEMENT I CHARLES B. HOOKS. JR. RPlS. HEREBY CERTIfY THAT THIS SURVEY WIoS w,oE ON THE GROUND UI<<)ER IN SUPElMSIOI CORRECTlY SHOWS THE BOUNDARY UNE, OIlAENSIONS AND ARfA Of THE lAND INOtCAT[[) THEREON. THE lOCAnON Of AU II.IPROVElAENTS. "THE LOCAnON OF AU.. AU..EYS. STREET RIGHT -OF -WAY. EASEMENTS AND OTHER l.lAlTERS or RECORD WHll -/'J'tECT WoE PROPERlY. THE U~JDERS!CNEO flJRTt'.ER CERnnES !},~"T TH[.~= .~ NO VISiBtL DlSCRfPANCIES. CONrucrS. SHORT'-G[s IN Nf.f.A. BOUNo.t.RY UNE CONFUCTS. 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TRICT C UaEWlNG SUBOMSlON VOL 388-48 PG. 878 P.R.T.C.T. ORDINANCE 0-06-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 17 ACRES OF TRACT C OF THE MCEWING ADDITION AND ABSTRACT 1154 IN THE R.N. MCEWING SURVEY, FROM THE R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO R20-SINGLE FAMILY RESIDENTIAL DISTRICT; AND BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW GRAZING CA TILE; 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, the City of Colleyville has received an application for rezoning under Case No. Z-06-027; 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 Ordinance 0-06-xxxx Page 2 of 3 property owners generally, and to the persons interested and situated in 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 R40-Single Family Residential zoning district to the R20- Single Family Residential zoning district and by authorizing a Special Use Permit to allow grazing animals, as depicted in the attached Exhibit "A" and described in the attached Exhibit "B" subject to the following conditions: 1. If the property is subdivided, the SUP permitting grazing cattle will be revoked. 2. The number of animals shall be in conformance with Chapter 42 of the Colleyville Code of Ordinances. 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 ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order Ordinance O~06-xxxx Page 3 of 3 to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" EXHIBIT "B" nw#TC t.toEWtW. S1.JaO.MSION VOl. ~"'''$..t PO. ~6 P.R.T.I,;.T. BUNG fRACt C, McFWING SU8OlV1SION, AN AOmnON TO THE CITY or HURST, IAAAA.Nl COUNTY, f(X!~_ ACCo;:?DtNG TO "fli[ PtAr RrCC-RCCn tN ~iOU.JMr JB84tt rACr 67ft N_A1 n:r(X,fm~t 1AfUW.tt r:C~;N;Y" 1[KAS, ANi) A ;H'-CT of <........v {)"" 0. hit fl. ti Mr;EWiNG 5iJR"e:", AUSl RAe. NV~ . 154, iAARo*.I1 COiJN,t, n::XA.". AND &IN(; fH( SAME fRACT Of lANO AS CH::SCRlBtO IN oem RECORDtl) IN '1{)tUMf 4009, PAGC 659, OCfORECOROS, r,t,RRAHT COUNTY, TEX.AS, AND Bf1NG OESCRta!'!) A$ f"OlLOWS 6E!,;lNNlNC Al ^ ';2. I!'tON PIN fOUND Jt,j lHl NORU-I LINE O~ W. LAVM,;A lAAlL f(>R !H!. soumwl:.$1 CORNER Of TRACT OEtUO OCSCRI8(D. SAlO POINT AI,SO SEINe THE: SOUTHEAST CORNEtt Of SAlt) TRACT C. MeE:Wl~ SUOON'lSlON t\,Nt) BY DEW StiNG lOCATEO 1572.7$ FffT SOOTHQ otGPfES JOMIN'jt[S LA.Sl ANI) 2487.15 FEEl EAST fROM HiE: H~n1Wf:Sl CORNER or :.v.1O MeEWlN(; SIJR\ll'Y; TlIEJ,CE HORlH 00 nrCREES 21 ....NtJtE$ 54 SECONDS EAST 636.55 n.t1 (ocm CALL NORTH 658..42 f( AtONG fHf EA5f tiNt Of SNO~",Cj C.'k:EWING SUBOMSlON TO A 1/2- IRON PIN rOUNO iN THl: UNEOf" BlOCK '. REMINGtON PARK. PHASE lWO. .^N AOOrTlONfO THE efN Of COt.Lf:Yv'lLLE. TARRANt COUNTY. n:XAS. AC~ ro MPlATRECOROED IN (;!.BIND "- SI.JOE 4001. PLAT RECORDS. "tt,RP.ANT COUNTY, TE:YA'S, fOR THE NO!ffifWEST CORNER or TP.Acr 9f.1NG OESCR!aro, $.~.lt) PQlt-.!! Al$!:) Bt:INCfHt NOmfOST CORNF;R Of SAID tRACT e, M<:[WlNG SllBOMSl()N; THEWCE: NMTH 89 O(GRtES..v. MINUTES 32 SECQNDS EASl 20:UO fEET (OCm CALL EAST 204,70) ALONCUiE SOUTH Ut>lE or s.I,;0 BLOCK 1, REMINGTON PARX. P'rlASL lWC TO A 3/8" IRON PIN F{}:)NO fOR Hif NORTHEAST CORNER OF TRACT BONG Of:SCRIBED. SAlO POINT ALSO BEING THE SOUTUEAST CORN,':R Of 1.01 '5. SAIO UlOCK t ,REMINGTON PARK. PHASE TWO; ftitNCE SOI.mi 00 ij((lR((S 32 MINUTES 5t) st(;ONOO WEST 'P',B fEET {vEEi> CAU.. $OuT!1) ALONG THE WEST UNf: Of SAlD BLOCK 1, REMINGTON PARK. PHASE TWO. TO ^ CAPPEO IRON PiN SET FOR THE SOUTHWEST CORNER Of lOT 11, SAlO BLOCK t. RtMJNOTOH PMK PHASE TWO. SAID POINl ALSO BEING THE: NORTHWEST COONER OF lOT p,2. E.A. SMITH AO()fTlON. AN AOOfflON IN TARRANT CWNTY, TeXAS. ACCORDING TO TIlt f'l..}.T RECORDED IN VOLUME J86-00, PAGe S1. PLAT RECORDS. ,I<RRANT COUNT'Y, TEXAS; THENCE SOUTH 00 OEGRE'ES 17 MINUTES OJ srcONOS EAST 166.64 fEU (DEED CALL s(xml) ,AJONG fHE W'EST UNt or SAID. LOT 1>.2. EA. S},{ffii A{)(')fT1()N TOil. 5/8" IRON NN fOl.mO IN TH( NORnl LlNt w VtVN:.^ TRAll fOR THE. ~..Q\.!rHEAST COONER or rR~cr L~!NC o ESCRlm:D; SOUTH 69 OEGREES 35 MlNUTfS 43 srCONOS WEST 20415 FEn (OHD CAtL WEST 20>170 THE NORTH LlNL Of ~wow. I.AVM;A TRAIt TO nit POINT or BEGlWNlNG AND J\C:R[$ Of tANC\ MOR( OR It:'!;~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 11/13/2006 Requester: Community Agenda No.: 9a Final Action: Development Department File Name: Case G-06-028- Consider amending the Planning and Zoning Commission's Rules of Procedure Attachments: P & Z Rules of Procedure' City Attorney Revisions History of Legislative File Version: Date: Acting Body: Action Text: 10/23/2006 Planning and Zoning Commission 11/13/2006 Planning and Zoning Commission Title Case G-OG-028- Consider amending the Planning and Zoning Commission's Rules of Procedure Explanation The City Attorney has requested the Planning and Zoning Commission consider amending the Commission's Rules of Procedure to remove reference to Robert's Rules of Order. Attached is a copy of the Planning and Zoning Commission Rules of Procedure and the City Attorney's revisions. Attached is a copy of official Rules of Procedure that were adopted on October 31,2000. This item was tabled at the October 23, 2006, meeting to allow discussion of the Rules of Procedure at the Commission's workshop, scheduled for November 2, 2006. The City Attorney has drafted the attached recommended changes to the Rules of Procedure based on the comments and input at the November 2, 2006, Planning and Zoning Commission Workshop. It will be necessary to remove this item from the table, prior to taking formal action to consider amending the Commission's Rules of Procedure. City of Colleyville Page 1 Printed on 11/812006 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 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. 2. Quorum. Four (4) members present shall be necessary to constitute a quorum of the Commission. 1 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. Rules of Procedure. The Commission hereby adopts Robert Rules of Order as the rules of procedure which shall govern the business proceedings of the Commission, whenever they are not in conflict with the provisions of these Rules of Procedures. 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 therefore. 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 debate shall be permitted except among members of the Commission. 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 D. Voting Procedure. 1. When the question is put, the Chairman shall call the roll in place number sequence with each member answering "Aye," or "Nay~" or "Not Voting." Any member of the Commission "Not Voting" shall give a statement of his reason for not voting. On 2 completion of the roll call, the Chairman shall announce the results and the effect of the motion. 2. The Planning and Zoning Commission shall comply with all applicable conflict of interest laws. 3. Members may abstain from voting on the adoption of minutes if they have been absent from the meeting or work session. 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 23rd DAY OF OCTOBER, 2000. (AMENDED THE RULES OF PROCEDURE PREVIOUSLY APPROVED ON THE 27TH DAY OF JULY, 1987.) ADOPTED: ATTESTED: Signed: Tom Hart Signed: Janet E. Levy Chairman Board Secretary Filed in the Office of the City Secretary this 31st day of October ,2000. Signed: Cynthia Singleton City Secretary 3 RULES OF PROCEDURE PLANNING AND ZONING COMMISSION OF THE CITY OF COLLEYVILLE, TEXAS ARTICLE I - DECLARA TIO N 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 11- 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, subiect onlv to beinq over-ridden by the contrary vote of 4 Commission fIlembers .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. Deleted: Formatted: Font: 12 Formatted: Font: 12 Formatted: Normal, Left, Indent: left: 0 108 Formatted: Font: 12 Formatted: Font: 12 Formatted: Font: 12 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. ~Q,"__"__E~~tSLS leJJi,~lYQermitted executive session,? di$..cussions alij:ls.;ll!L~ri!tion3i..9f the ~Qmmission shall be conducted. and all of its deci0.!.9J1S shall b~Jllade. at 8 meeting thai 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 therefore. 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 wing the --.illJl!lic hearinq. 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. Q,,,,]he 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. 2 Deleted: 6. Rules of Procedure. The Commission hereby adopts Robert Rules of Order as the rules of procedure which shall govem the business proceedings of the Commission. whenever they are not in conflict with the provisions of these Rules of Procedures Deleted: except among members of the Commission Deleted: Formatted: Bullets and Formatted: Indent: Left: 36 Formatted: Numbered + Level: 1 + Numbering Style: a, b, C, ... + Start at: 7 + Alignment: Left + Aligned at: 36 pt + Tab after: 54 pt + Indent at 54 Section ~ Voting Procedure. 1. an.rL.tb!z..se~Q.Q..gj},fl.@f,,-tQ_~tth~LIe-V:J3?sL9"'::J:Yithd ra'ij_.tb!2.Q..1Qtion . ;f~_When the question is putjQ.8 vote, the Chairman shall call the roll"with each member answering "Aye," or "Nay/ Consistent with the Citv Cllarter. tIle afflffnatlve vote of at least 4 members of the Commission iSEQuired to take .anv acli9Jl..pn completion of the roll call, the Chairman shall announce the results and the effect of the motion. I 1 The Planning and Zoning Commission shall comply with all applicable conflict of interest laws. I .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 ~DA Y OF .November, 200,\ (AMENDED THE RULES OF PROCEDURE PREVIOUSLY APPROVED ON THE 27 DAY OF JULY, 1987L3ng amended on October 23, 2000.) ADOPTED: ATTESTED: Signed: ./2avL(lJi~f!.rlY Signed: lV/lv Shelj!?X Chairman Board Secretary I Filed in the Office of the City Secretary this --"- day of October, 200ft, 3 ~matted: Un~:.r!~n.:....._..... Deleted: in Formatted: No underline Deleted: Any member of the Commission .Not Voting" shall give a statement of his reason for not Deleted: 2 Deleted: 3. . Members may abstain from voting on the adoption of minutes if they have been absent from the meeting or work session.'Il Deleted: Formatted: Deleted: OCTOBER Deleted: 0 Deleted: Tom Hart Deleted: Janet E. Signed: Cynthia Singleton City Secretary 4