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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-5/29/2007~~ ~,,, City of C o l l eyv i l l e Colley0v0'~I a aTexas 76034 ~' ~ .~ = 1~ (817) 503-1000 Meeting Agenda www.colleyville.com ~.a:,. Planning and Zoning Commission Tuesday, May 29, 2007 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 Larry Knox, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Taylor 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES May 14, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a Replat of Lots B-1 and B-2 of the McEwing Subdivision being Tract B of the McEwing Subdivision located at 715 Lavaca Trail, Case P-07-025 7b Approval of a Zoning Change from R40-Single Family Residential to R30-Single Family Residential on 1.5 acres on Lot 1, Block 1 of the Harden Addition located at 4916 Behrens Road, Case Z-07-016 City of Colleyville Page 1 Printed on 5/24/2007 Planning and Zoning Commission Meeting Agenda May 29, 2007 8. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 9. COMMISSIONERS' COMMENTS AND REPORTS 10. AD,AOURNJIAENT I hereby c~'i ity the aboVf~ agenda was posted on the bulletin boards at .City Hall on Thursday, May 24, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Coiieyville Page Z Printed on S/24/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. colleyville. com c;~r ~ ~,r ~.~. I~' + ~r~.~ Meeting Minutes Summary -Draft Monday, May 14, 2007 7:00 PM City Council Chambers Planning and Zoning Commission ~'-"~'-~r City of Colleyville Minutes -Draft ,~.::; Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, May 14, 2007 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 1. CALL TO ORDER REGULAR MEETING 7:00 P.M. The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 14, 2007 at 7:03 p.m. 2. ROLL CALL Present: Commissioners Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner David Dudziak Staff Present: Chris Fuller, Jeremy Hutt, Mike Johnston, Scott Welmaker and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved to approve the April 23, 2007 meeting minutes with the correction on page 11, change the "here" to "hear". Commissioner Taylor seconded. City of Colleyville Page 1 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Draft May 14, 2007 The motion carried by the following vote: Aye: 5 -Redfearn, Taylor, Phelps, Duffy, Byerty Absent: 1 -Dudziak 6. RECOGNITION OF OUTGOING MEMBER Commissioner Byerty thanked Robert McCormick for his service as a Planning and Zoning Commissioner. 7. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBER Recording Secretary Amy Shelley administered the Oath of Office to the newly appointed Planning and Zoning Commissioner, Larry Knox. He then took his seat on the Commission and a new roll was called by Commissioner Byerty. Present: Commissioners Larry Knox, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy and Jeff Byerty Absent: Commissioner David Dudziak 8. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 9. REGULAR AGENDA ITEMS 9a Approval of Minor Piat for Lot 1, Block 1 of the Toth Addition located at 2108 Glade Road, Case P-07-023 Chris Fuller presented the case and briefed the Commission. Commissioner Duffy questioned staff regarding which direction will the new home face? Chris Fuller replied not knowing at this time, the property owner can choose either Montclair or Glade Road at the time a building permit is applied. Commissioner Redfearn moved to approve case P-07-023. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerty Absent: 1 -Dudziak 9b Approval of Final Plat for Lots 1-13, Block 1 of the Highland Park Addition located at 5800 Pool Road, Case P-07-024 Chris Fuller presented the case and briefed the Commissioners. City of Colleyville Page 2 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Draft May 14, 2007 Commissioner Redfearn questioned staff regarding if the open space requirements have been met? Chris Fuller replied yes. Commissioner Duffy questioned staff regarding if the drainage for this development has been approved? Chris Fuller replied yes, the Highland Meadows addition adjacent to this development has been constructed to facilitate the run off for this development. Commissioner Byerly questioned staff regarding if the waivers that were approved for this development were at the City's request? Chris Fuller replied the waiver depths were a request by the developer, however, the set back from 35 feet to 25 feet was at the request of staff given the building envelope size. Commissioner Duffy moved to approve case P-07-024. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak 10. PUBLIC HEARING AGENDA ITEMS 10a Request by the Vanguard Estates residents to gate the Vanguard Estates Addition located on Bandit Trail and Vanguard Court, Case G-07-009 Chris Fuller presented the case and briefed the Commission. Commissioner Redfearn questioned staff regarding if the gate would have an Opticom system installed? Chris Fuller replied yes. Gommissioner Redfearn questioned staff regarding if the Engineering Department has an accurate cost to maintain Vanguard Court? Chris Fuller replied the Engineering Department looked at what the actual real day cost would be for maintaining a.fund for the eventual replacement in approximately 20 to 25 years being 800 to 850 linear feet and determined that the cost would be $500 per lot per year. Commissioner Duffy questioned staff regarding what takes precedence, the number of homes or the distance to the cul-de-sac for fire protection? Chris Fuller replied there are thresholds for both. Commissioner Duffy questioned staff regarding the 18 homes are approved without sprinkler systems? Chris Fuller replied that when this development was platted, those homes were approved without sprinkler systems. City of Colleyville Page 3 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Draft May 14, 2007 Commissioner Duffy questioned staff regarding what are the fire plug requirements in the development? Commissioner Byerly replied all of that has been approved at the time of final plat approval. Commissioner Duffy questioned staff, for clarity, if this is gated, will there be a liability as far as fire protection response time delay? City Attorney Kallas replied that the City Attorney's office is comfortable with this being a gated community as the Fire Chief has already reviewed and accepted the proposal as presented. Commissioner Phelps questioned staff regarding if the wall shown on the exhibit is a proposed wall or if it is an existing wall? Chris Fuller replied the dark wall on both sides of the streets is the existing wall and the curves in the wall are an extension of the existing perimeter fence. Commissioner Phelps stated being concerned regarding the wall in front of Lot 1, will that create a risk for coming out of the driveway? Chris Fuller replied should City Council approve the gated request, the applicants will be required to come forth with an amended plat which will show Vanguard Court as a lot and designate it as a private lot, maintained and owned by the Homeowners Association. At which point, staff will require, for clarity, a fence easement be put for that lot for the maintenance and ownership of that portion of the subdivision fence. Commissioner Phelps questioned staff regarding how were the calculations made regarding the fee for the maintenance of the street, has it been calculated by using the linear feet of the street divided by the number of homes and was it proportional to the amount of frontage? Chris Fuller replied not knowing if it was proportional to the amount of frontage, but it was calculated by the number of linear feet divided by the number of homes. Commissioner Duffy questioned staff regarding what is meant by this statement from the briefing: Approval of the request would additionally require approval of an amended plat or the approval of the abandonment of the public right-of-way in the development. Chris Fuller replied if the gated request is approved by City Council, then there will be a note on the amending plat stating that Vanguard Court will be a private lot owned and maintained by the Homeowners Association. Commissioner Byerly opened the public hearing at 7:22 p.m. Gene Lukacsy, 7201 Vanguard Court, President of the Homeowners Association, spoke in favor of the request. Keith Kithsiri, 7309 Vanguard Court, spoke in favor of the request. Todd McNitt, 7200 Vanguard Court, spoke in favor of the request. City of Colleyville Page 4 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Draft May 14, 2007 There being no one wishing to speak, the public hearing was closed at 7:28 p.m. Commissioner Phelps questioned staff regarding if this development is fully developed? Chris Fuller replied it being very close to being fully developed. Gommissioner Phelps stated the minimum is the $75 per lot, but the actual requirement to adequately fund the replacement of the street would be about $500 per lot per year. Mr. Kithsiri stated al! of the homeowners are in agreement to that amount. Commissioner Redfearn questioned how much of the traffic is associated with the construction of the lots? Mr. Kithsiri replied there are 18 lots total, 13 of which are completed, three to be completed within the next four months and two lots for sale. Commissioner Redfearn questioned Mr. Kithsiri if most of the concerns would go away once the construction was to be completed? Mr. Kithsiri stated he did not feel the traffic or issues were related to the construction or the workers. Commissioner Taylor questioned if the gates are going to be left open during the day for the potential buyers? Mr. Kithsiri replied those potential buyers would be accommodated. Commissioner Taylor questioned Mr. Kithsiri if the adjacent development, Chanei's Court Addition, will be gated ? Mr. Kithsiri replied not having plans to gate this development at this time but would like to keep the option available. Commissioner Duffy moved to approve case G-07-009 with the requirement that the Homeowners Associations dues be $500 per lot per year for the maintenance fund of the street. Commissioner Taylor seconded. Commissioner Duffy stated he would like to see the $500 per lot per year so that the city would not have to fund the replacement of that street as the city has had to do so in other parts of the city. Commissioner Byerly concurred and thanked the Homeowners Association for being so readily acceptable to the additional fee needed to properly fund the street for the possible replacement. Commissioner Phelps questioned staff regarding how can the $75 be changed in the code to better reflect the actual dollar amount needed to fund the replacement of streets? Chris Fuller acknowledged. City of Colleyville Page 5 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Draft May 14, 2007 The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak 10b Approval for a Special Use Permit for a cell tower on Lot 1 R, Block 1 of the Nystel Addition located at 1815 John McCain, Case Z-07-002 Chris Fuller presented the case and briefed the Commission. Commissioner Redfearn questioned staff regarding what is the current zoning for this property? Chris Fuller replied ML-Light Manufacturing. Commissioner Redfearn questioned staff regarding what is the Special Use Permit for on the adjacent property? Chris Fuller replied for indoor only automobile sales. Commissioner Byerly opened the public hearing at 7:40 p.m. Peter Kavanagh, the applicant, came forward to present the request and brief the Commission. Commissioner Redfearn questioned Mr. Kavanagh regarding if there were any other towers that Verizon could use in the area? Mr. Kavanagh replied most were too far out of their pattern area. Commissioner Redfearn questioned how is it known that there is a need for one in this location? Mr. Kavanagh stated their system knows when there are dropped calls, measures the activity or use, and people will report when their phones do not work. Commissioner Phelps questioned if there will be a flag for this tower considered? Mr. Kavanagh replied there has not been one discussed for this location, but if the property owner would like one, they would be accommodated. He stated the flags are maintained by the property owner. Commissioner Duffy questioned if the color of the poles has ever been changed? Mr. Kavanagh replied yes, some are beige, gray or whatever the property owner recommended. Commissioner Duffy questioned if there is sufficient access to the pole and are the utilities currently in place? Mr. Kavanagh replied yes. There being no one wishing to speak, the public hearing was closed at 7:52 p.m. Commissioner Phelps questioned for legal clarification what are the guidelines for recommending approval or denial for requests such as City of Colleyville Page 6 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Draft May 14, 2007 this? City Attorney Kallas discussed the Telecommunications Act of 1996 which puts forth some guidelines as well as the compliance with zoning ordinances for cities. Commissioner Phelps moved to approve case Z-07-002. Commissioner Redfearn seconded. Commissioner Redfearn stated the applicant is willing to work with the neighbors regarding the appearance and color of the pole. Commissioner Byerly concurred and stated the citizens are welcome to come to the City Council hearings and request a certain color or any other suggestions for esthetics reasons. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak 10c Approval of a request by The Dimension Group to amend the zoning and development requirements of the Planned Unit Development of the Starbucks Addition, located at 5520 Colleyville Boulevard, Case Z-07-015 Chris Fuller presented the case and briefed the Commission. Commissioner Redfearn questioned staff regarding the proposed ordinance language being presented tonight has both the rezoning from AG-Agricultural to PUDC-Planned Unit Development Commercial and it also has the language to increase the size of the bank? Chris Fuller replied correct. Commissioner Redfearn questioned staff regarding if those two ordinances should be separated? Chris Fuller replied because this is aPUDC-Planned Unit Development Commercial these are simply different developmental standards which are considered together. Commissioner Phelps questioned staff regarding was the 4,000 square foot a standard, or was that what was required at that time? Chris Fuller replied the original institution that was going to go on this site may have required the 4,000 square feet and the existing tenant requires more square feet than originally proposed. He stated Scott Welmaker, the Economic Development Manager, may be able to clarify. Commissioner Redfearn stated at the time that this came forth initially in 2004, the Commission was not aware of the new alignment for Church Street. Chris Fuller replied in 2004 when this came forth and the City owned the property, the intent was to procure the right of way for State Highway 26 improvements and the realignment of Church Street, not City of Colleyville Page 7 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Draft May 14, 2007 necessarily for the development of the property. In 2005, when the potential tenants came, that is when the uses were amended. Commissioner Duffy questioned staff if the tree survey has been submitted and is it being considered here? Chris Fuller replied the applicant has met and will exceed the code regarding the standards. Commissioner DufFy stated this is a heavily wooded area, but it is good that the developer is willing to exceed the code for replacing the trees. Jeremy Hutt, Project Engineer, City of Colleyville, stated the cul-de-sac is intended for fire access only. City Attorney Kallas stated the alignment of Church Street is not before the Commission for discussion regarding this amendment to the zoning. Scott Welmaker, Economic Development Manager, came forward to brief the Commission regarding the development of these properties. Commissioner Phelps questioned staff regarding if the proposed amendment includes all of the property located along Church Street and next to the cul-de-sac? Mr. Welmaker replied correct and this project will clean a lot of the realignment parcels. Commissioner Duffy questioned staff regarding how are the arrows as indicated on the drawings to get in and out onto SH26? Chris Fuller replied the existing Church Street off of SH26 will be a driveway from this property, it will serve both developments. Commissioner Redfearn questioned staff if this PUD development extends south? Chris Fuller replied that being the portion that had been incorporated into the entirety of the ordinance and it is Lot 2, Block 1 of the Starbucks Addition. Lot 1, Block 1 of the Starbucks Addition is what is being presented tonight and the amendment does not apply to that Lot 2. Commissioner Byerly opened the public hearing at 8:16 p.m. Harry Chapman, representing N3 Capital, the property owner, came forward to brief the Commission. Kevin Patel, Engineer for N3 Capital, came forward to brief the Commission. Commissioner Taylor questioned Mr. Chapman if any other retail generating business had been considered for this property? Mr. Chapman stated they have tenant relationships with a lot of commercial entities, however, this bank has been trying to get into this market and City of Colleyville Page 8 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Draft May 14, 2007 has been pursuing us for this property. City Attorney Kailas stated the use of the bank has already been approved and the original PUD is not being considered. The only consideration that is relevant to the Commission's consideration should be the use of the expanded portion. This has not been noticed to consider the original PUD as a public hearing and if the comments and discussion could be focused more on the use of the expanded part would be covered on the record. Mr. Chapman stated he appreciated the comments and if they could have gotten another tax generating business for this property, they would have done so already. Commissioner Redfearn questioned Mr. Patel regarding what is included in the property, parking and landscaping? Mr. Patel and Mr. Chapman used the drawings to show the Commission what is included in the project. Commissioner Phelps questioned Mr. Chapman if both properties are owned by N3 Capital? Mr. Chapman replied no, they no longer own the lot for Starbucks. Commissioner Phelps stated having concerns for the design of the shared exit or entrance between Starbucks and the bank exit, looks very narrow. He stated Starbucks has a lot of morning traffic. Mr. Chapman stated this design for this entrance and it's location and the traffic pattern is what has been worked out with engineering and it was their opinion, city engineering, and he stated being willing to work with what had been suggested. He stated N3 Capital is paying for the portion in front of Starbucks for the new Church Street realignment. He stated once this realignment is completed, there will be a better traffic flow for the new bank and Starbucks. There being no one wishing to speak, the public hearing was closed at 8:30 p.m. Commissioner Byerly moved to approve case Z-07-015. Commissioner Knox seconded. Commissioner Byerly stated this is to increase the size of the property for an existing use and creating a use for a piece of property that would not have a use otherwise. Commissioner Taylor stated she disagreed and stated there could be other uses for this property other than a non-revenue generating business. Commissioner Phelps questioned Mr. Chapman regarding why the 4,700 City of Colleyville Page 9 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Draft May 14, 2007 square feet versus the 4,000 square feet? Mr. Chapman replied that being a request by Wells Fargo for their square footage requirement. Commissioner Redfearn questioned staff regarding if the parking spaces are met for this use? Chris Fuller replied the site plan requirements are met for the parking requirements. Commissioner Redfearn questioned staff if the language in the ordinance addresses the masonry screening wall, is that something new? Chris Fuller replied that being in the ordinance approved in 2004 and in 2005 it was revised for a live plant screening wall because of the realignment of Church Street. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Phelps, Byerly Nay: 2 -Taylor, Duffy Absent: 1 - Dudziak 11. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 12. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Taylor stated this Commission is the Planning and Zonig Commission and planning needs to be considered when these new businesses are being put on the streets. 13. ADJOURNMENT The meeting adourned at 8:36 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 10, 2007. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 10 Printed on 5/1 S/2007 C ~°~~. ^ City of C o I I eyvi I I e - 100 Main Street 034 Coll ~ ~ ~ (817) 503X1000 ~~~~~ Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 05/29/2007 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Replat of Lots B-1 and B-2 of the McEwing Subdivision being Tract B of the McEwing Subdivision located at 715 Lavaca Trail, Case P-07-025 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat History of Legislative File Version: Date: Acting Body: Action Tent: 1 05/29/2007 Planning and Zoning Commission Title Approval of a Replat of Lots B-1 and B-2 of the McEwing Subdivision being Tract B of the McEwing Subdivision located at 715 Lavaca Trail, Case. P-07-025 Explanation Karen Goetting is the owner of 4.9 acres of land located on the south side of Lavaca Trail. The property is currently zoned R40-Single Family Residential and is platted as Tract B of the McEwing Subdivision. The owner has submitted a replat of the property for review and consideration by the Planning and Zoning Commission. The plat will create two lots for single family residential uses. Zoning. The property is zoned R40-Single Family Residential, which requires a minimum lot width and lot depth of 150 feet, and a minimum lot area of 40,000 square feet. The proposed lots, as shown on the zoning exhibit, meet the development requirements of the R40 zoning district. Waiver Request. The property was originally platted as Tract 6 of the McEwing Subdivision in 1966. Tract B does not have frontage along a public roadway, but does gain access to Lavaca Trail via a 25-foot wide ingress and egress easement. The Land Development Code states that all residential lots must have frontage along a public roadway. The applicant is requesting a waiver from this provision of the Land Development Code in order to subdivide Tract B into two lots. The applicant has submitted a conceptual layout of the property showing a potential lot configuration. The conceptual layout shows the access easement extending to the newly created lot. The Land Development Code allows the City of Colleyville Page 1 Printed on 5/25/2007 Agenda Briefing Continued Planning and Zoning Commission to approve a subdivision plat that contains a waiver request. Drainage. A lot grading plan will be necessary at time of building permit for the construction of a new home. The Engineering Department will review and accept lot grading plans during the building permit process. Parkland Dedication Fees. The payment of parkland dedication fees are required for the newly created lot. Tree Preservation. The applicant was been made aware of the tree preservation requirements and has provided an aerial photo showing existing trees on the property. Summary. Due to the lack of frontage along a public roadway, the proposed subdivision fails to meet the standards of the Land Development Code; however staff concedes that it may not be feasible to extend a road to the proposed lot as the applicant does not own the property (Tract A) located between Tract B and Lavaca Trail. This plat only requires approval by the Planning and Zoning Commission. Recommendation Denial due to technical non-compliance with the Land Development Code. City of Colleyville Page 2 Printed on 5/25/2007 Location and Zoning Map 711 Rao " R20 eob ~~~ 51 a es ~1 n PURR e11o 6111 aloe ~i 5107 \ 6100 / ~ ~o ~ ,~ ~ ~~~ i ~ ~ moo Site ~~ ~~ 7 ~1 ~a ~ ~, os / 303 -~ 30 D 715 0008.. 0000 6004 6005 0000 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 8, 2007 TO Jason Rawlings FAX NO 817.282.0401 FROM Chris Fuller, Development Director SUBJECT P-07-025 Replat McEwing Subdivision The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: The proposed Lot B-2 will not have frontage on a public roadway. The Land Development Code requires residential lots to have frontage on a public street. Staff concedes that the existing B-1 does not have frontage on a public street; however, it is an existing platted lot. 2. Provide a 40-foot front yard setback on Lots B-1 and B-2 per the R40 zoning district. 3. Additional fire hydrants may be needed. Contact Robert McKeown, Fire Marshall, 817.488.6277 for information regarding the placement of hydrants. 4. Contact Mike Tekaucic, 817.540.0609, with the Public Works Department regarding the water easement that runs through this property. 5. Additional development standards maybe required at the time of building permit. Contact Robert McKeown, Fire Marshall, 817.488.6277, for additional information. In Your Response Letter, Acknowledge the Following Information: PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the final plat. As new vacant lots would be created by the plat, the payment of parkland dedication fees is required for this development. The fee for single-family residential development is $1,802 per new lot. TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site 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. The fencing must be 100 Main Street, Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-07-025 MCEWING SUBDIVISION located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid maybe different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. Please note the revised impact fee schedule as adopted by City Council. The new rates will go into effect for building permits issued on or after April 1, 2007. ROADWAY $2,187 per dwelling unit for SINGLE FANIII.Y RESIDENTIAI, uses for new lot. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Tuesday, May 29, 2007 at 7:00 p.m. Please submit the following to our offices: A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 12 full size copies of the revised exhibit and one reduced copy (8.5 X 11). The above requested items must be submitted no later than noon on Tuesday, May 22, 2007, in order to make the scheduled hearings. Please contact me at fullercnci.colleyville.Lx.us or 817.503.1054 if you have any questions. PAGE 2 OF 2 David W. Myers, L.S.L.S., R.P.L.S. John W. Morgan, R.P.L.S. Ricky L. Gentry, R.P.L.S. Jason B. Rawlings, R.P.L.S. May 17, zoo? Mr. Chris Fuller City of Colleyville 100 Main Street Colleyville, Texas 76034 Moa S s, Inc. LICE E A RE EKED PROP SI EYORS Texas .New Mexico .Arizona .Nevada Re: Lots B-1 and B-2, McEwing Subdivision P-0T-02S Dear Chris: •Topography • Forensic Surveys • Land Title Surveys • Any Size Boundary • Construction Layout • Platting/L.and Planning This letter is to inform you that I have made the following revisions to the above referenced plat as you requested: 1) The Frontage requirement has been duly noted. Applicant requests approval based on the existence of a platted lot as well as TAD recognition of the lot division. 2) A 40 foot building line has been added to both lots. 3) An existing fire hydrant has been shown near the northwest corner of the property. 4) Mr. Tekaucic has been satisfied regarding the waterline easement. The easement has been shown on the adjacent lotto the west. 5) The possibility of additional requirements at the time of the building permit has been duly noted. 6) The parkland fees, tree preservation, and impact fee requirements have been duly noted. As always, I deem it a pleasure to prepare plats in the City of Colleyville and should you have any additional comments please do not hesitate to call, fax or a-mail me. Sincerely, _... ~ Jason B. Rawlntgs, RP.L.S. jbr@moaksurveyors.com cc: Karen & Thornton Goetting (fax) RECEIVED MAY 2 i zoo7 Per ............. 1105 Cheek Sparger Road • Colleyville, Texas 76034-4152 • www.moaksurveyors.com • Metro (817) 268-221 i • Fax (817) 282-0401 Member Texas Society of Professional Surveyors & American Congress on Surveying 8t Mapping ~~ ~ ~ 'i a a Y ~' ~ ~ `~ ~, a C y~ 8 3 ~ ~ .~ ~ ~ ~ ~ ~ ~g ~ ~ {s ~- ~ ~ ~ ~~ ~ g g ~ ~ ~ w '~ ~ ~,~ B ~ ~ i t ~ a ~ E., ~ ~ m ~ W Q m " ~ ~ b ~ ~ ~ ~ ~ ~ ~ ~ ~ v/ ~ cs ~ s tL' ~ a. ~ ~ b~~ ~q ~ b ~ b ~ag d w ~ $~ ~~ ~ ~~ ~ ~ ~~' 4~b li ii i~j~• ~ •o.oaj~ ~ ~~ ~ $ ~j?6~ ~~b ~~b ~~b 1 ~ g bg $ a a,, ~ i~ i~ i~ "- ~~~ ~~ ~~ ~ ~ b b '§ b b '~ ~ ~~ €¢ 8~ ~ ~ ~ ,, ~b c5 ~~' $ ~ ~ >a~ ~' a ~ g a ~ g a ~ e ~g8~ ,~ ~~ ~ $ ~ ~9 ~ ~ ~ ~ ~ ~b ~ E ~ g ~ ~ ~ [ ~ ~ _~ 028 ~~ $ ai f ~ f G N 9 9 ° y~ m 9 ~ o 0 4 0 -' •ra'rw wt{ ~a1s v i- 9 ~ o ~ ~ a lti'a'ot w'{17{c'1on 3 YM~iMY NO10N1 '{ 001Y s J ~ Wl'{MOOI{b M01{N3 ~ ~ ~ Ko L£S M.S1sBI S '1'J l'8'd 'LH '9d 'OZ-QBC 70A NBd~ a t ~ YY~ 1N31f2SY9 d1171il1 ,S t+A ~ Q i -~ ~ 2 5 ~ ~ ~ ~~ ~! ~ q _~ ~ 'Moro '~ ~ ~ ~! $o: ~ ~ K g ~ ~ y 4 ~ ~ a a ~x Hn ;~ ~ 3a~ ~ ~ :6'J'L'21'd 'Lii Jd 'Oa-?B6 '!OA 85d L~L~ ~• F ~~ ,{,NSJBSYH SSHN98 ~ SS9N~PI1 ,9a~ i~ ~ •~ T cxa u•L{L ~Z'f£S HLNON ~ ~ c '" LYId S1H1 AH ',LKSB ~ g ~ i S ~ sssvoa ~ ssaa~xr ,9a ~ ~~ u r ` 1'~MaDLLq~ M3.q~'~'1~0 r l~Ory' „ ~ ~~ ~ ~ ~ ~~ o o ~ ~ -a~ 1'71'Y~'{t'[Id'{IL1K lG~ ~ ~ fi ~ NOWOOV TN 19JDKMNI't M007't 101 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ pS •.•~~~«<iiijjj wi v~nw~ t+ 4 ~ N ~ ~ .~i ae ~ :~ A°~ ~, ~ ~ a r!~=`, v v 100 Main Street C It of C o I I e V ~ ~ ~ e Colleyville, Texas 76034 (817) 503-1000 r_~ Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 05/29/2007 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Zoning Change from R40-Single Family Residential to R30-Single Family Residential on 1.5 acres on Lot 1, Block 1 of the Harden Addition located at 4916 Behrens Road, Case Z-07-016 Attachments: Location and Zoning Map Notification List Development Review Committee Memo Letters in Opposition Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 05/29/2007 Planning and Zoning Commission Title Approval of a Zoning Change from R40-Single Family Residential to R30-Single Family Residential on 1.5 acres on Lot 1, Block 1 of the Harden Addition located at 4916 Behrens Road, Case Z-07-016 Explanation Bob Gammon has submitted a request to rezone 1.5 acres of land located on the west corner of Glade Road and Behrens Road. The property is currently zoned R40-Single Family Residential. The applicant is requesting to rezone the property to R30-Single Family Residential. Platting. The subject property consists of one lot that is platted as the Harden Addition. The property is currently developed as a single residential lot that contains an existing home. The developer has submitted a zoning exhibit that illustrates future plans to subdivide the property into two residential lots. Upon approval of the rezoning request, approval of a replat will be required prior to the issuance of building permits. Lot Sizes. The R30 zoning district requires a minimum lot area of 30,000 square feet, lot width of 125-feet and lot depth of 125-feet. This site is sufficiently large enough to accommodate a two lot development. Master Plan. The Future Land Use Plan designates the future use of this area for single family residential land uses. The proposed rezoning is in conformance with the land use Cify of Colleyville Page 7 Printed on 5/25/2007 Agenda Briefing Continued portion of the Master Plan. The Master Plan contains a recommendation that estate lots be developed adjacent to major thoroughfares, such as along Glade Road. The Master Plan designates estate lots as being 30,000 square feet and greater. The proposed lots will contain lot areas of approximately 31,000 square feet and 35,000 square feet. Surrounding Development Trends. The surrounding properties are single family residential in nature. Properties to the north, south, east and west are zoned R40-Single Family Residential and are currently developed as single family residences. Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. There is an existing sidewalk along Glade Road. The sidewalk on Behrens Road must be four (4) feet in width and constructed as part of the public improvements to the property. 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. Based on this average, a two lot development would add approximately 19 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 14 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. Staff has received five (5) letters in opposition to this request. The letters have been included as an attachment to this agenda briefing. The percentage of property within 200 feet of the subject property that is owned by property owners in opposition to this request exceeds 20%. A super majority vote at City Council will be required for approval of the rezoning request. Summary. The proposed zoning district is in compliance with the residential designation of the Future Land Use Plan and the objectives of the Master Plan regarding the development of estate lots along collector streets. Recommendation Approval City of Colleyville Page 2 Printed on 5/25/2007 Location and Zoning Map 5017 5418 3D 13 5D 12 5DD9 5Qp9 5006 15D4 5005 5DD4 1418 100 1508 1800 R20 4900 4901 49.00 490J 48GS 4ED9 48 GE 4809 4712 4801 4800 4801 47 12 4'r 13 =1712 47 13 4708 4709 47 G8 4713 51D1 5008 1701 1708 1712 1716 1800 5D13 17DD FGG4 17D5 1708 R20 1713 1717 '1801 5005 50D0 1.704.. -1708 1712 1716 1800 Site .--~~` - 1713 '~ - 1717 :1721 ~ 1805 4A04 sr 4' 8 170f 4900 aaos 4so0 4912 4~°Dc 48.12 4PU1 4fi05 48 GU 4900 4808 R40 4804 . 46 4~ 4800 4861 4EUG 4718 4710 47 G9 4712 4713 .4712: Notification List NAME OWNER OWNER_ADDR CITY STATE ZIP SITUS_ADDR _ Baca, Richard Jr Etux Patricia 4905 Behrens Colleyville TX 76034 004905 Behrens Rd Baker, Frank D Etux Linda S 4900 Behrens Rd Colleyville TX 76034 004900 Behrens Rd Behrens, Christopher Robin 1701 Glade Rd Colleyville TX 76034 001701 Glade Rd Carrington, Reese C 5004 Rose St Colleyville TX 76034 005004 Rose St Cox, Norman L Etux Elizabeth A 4901 Behrens Rd Colleyville TX 76034 004901 Behrens Rd Evans, Teddy M 1604 Glade Rd Colleyville TX 76034 001604 Glade Rd Hart, Neil J & Sherrie D 1600 Glade Rd Colleyville TX 76034 001600 Glade Rd Henning, John B Etux Ann L 4809 Manning Dr Colleyville TX 76034 004809 Manning Dr Henning, John B Etux Ann L 4809 Manning Dr Colleyville TX 76034 004801 Manning Dr Huckins, Bruce P Etux Brenda B 1700 Glade Rd Colleyville TX 76034 001700 Glade Rd McCollough, Samuel Etux Joyce 4912 Behrens Rd Colleyville TX 76034 004912 Behrens Rd Ragsdale, Thomas R Etux Lisa K 5005 Rose St Colleyville TX 76034 005005 Rose St Smith, Richard Etux Cynthia 4901 Manning Dr Colleyville TX 76034 004901 Manning Dr Willis, Christopher Lee 4916 Behrens Rd Colleyville TX 76034 004916 Behrens Rd CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 8, 2007 TO BOB GAMMON FAX 817.251.1051 FROM Chris Fuller, Development Director SUBJECT Z-07-016 R40 to R30 4916 Behrens Road The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Pending approval of the rezoning request, the property must be replatted prior to development. Refer to Chapter 8 of the Land Development Code for plat requirements. 2. If the zoning request is approved, the property shall be subject to the general provisions of the R30 zoning district. Proposed Lot 1 does not meet the 125-feet of lot width as required by the R30 zoning district. The R30 zoning district requires a minimum lot area of 30,000 square feet, lot width of 125- feet and lot depth of 125-feet. A waiver from the lot width requirement will be required by City Council. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. 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 use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. Please note the revised impact fee schedule as adopted by City Council. The new rates will go into effect for building permits issued on or after April 1, 2007. ROADWAY $2,187 per dwelling unit for SINGLE FAMII,Y RESIDENTIAL uses for new lot. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-016 R40 TO R30 4916 BEHRENS RD. The following impact fee schedule is applicable for building permits issued on or before March 31, 2007. ROADWAY Not applicable for lot with existing house on property. $1,962 per dwelling unit for snvGLE FAMII.Y RESIDENTIAL uses for new lot. WATER $2,666 fora 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $200 fora 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SIDEWALKS. The Land Development Code requires sidewalks along all public streets. The sidewalk along Glade Road must be a minimum of five (5) feet in width and installed when any new structures are built on the property. The sidewalk along Behrens Road must be a minimum of four (4) feet in width and installed when any new structures are built on the property. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per newly created lot. Not applicable for lot with existing house on property. TREE PRESERVATION. 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. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Tuesday, May 29, 2007, 7:00 p.m. City Council: Tuesday, June 19 and July 10, 2007, 7:30 p.m. Please contact me at fiillerc cr,ci.colleyville.tx.us or 817.503.1052 if you have any questions. PAGE 2 OF 2 Samuel J. McCollough 4912 Behrens Road Colleyville, TX 76034 May 18, 2006 Community Development Dept City of Colleyville,100 Main Street Colleyville, TX 76034 Deaz Sir: Reference: Zoning Case Number Z-07-016 I am opposed to the rezoning 4916 Behrens Road from R40 to R30 for the below six reasons: 1. Since at least 1984, the Colleyville master plan has consistently shown this area on the Bedford side of Glade Road to be R40. 2. When I purchased my lot in 1984 located at 4912 Behrens Road, Colleyville required that the lot have at least 40,000 squaze feet before a building permit would be issued. At that time the property now referred to as 4916 and 4912 Behrens Road was divided into 3 lots. Before I could get a building permit to build at 4912, I had to go back to the person who owned the 3 lots, and negotiate additional footage in order to obtain a building permit. I had to~ay a premium price for the additional footage because it automatically made the property now referred to as 4916 Behrens Road aone-home lot under the effective zoning rules.. 3. The person who purchased and built the house currently located at 4916 Behrens Road in 1984 attempted to have the property zoned to allow two homes. Due to neighborhood resistance, he abandoned the rezoning attempt temporarily, but built a house on one side of the property and out of alignment with other homes on the street hoping to have it rezoned later. 4. Later the property owner located at 4845 Behrens Road attempted to have that lot rezoned to allow two houses. This builder had also built the initial home on one side of the property with the intent of the rezoning to permit two homes. Due to strong neighborhood resistance, this rezoning was formally rejected by the P&Z and City Council. As a result, the builder of the home at 4916 Behrens Road elected to sell the property rather than pursuing a rezoning request to allow two homes. 5. Having two houses on the property located at 4916 Behrens Road would be out of character with the neighborhood trend. Across the street at 4905 Behrens Road, the home is valued at $849,000, and across Glade the home at 1700 Glade Road is valued at $1,600,000. Also, many valuable homes are being built further east on Glade Road. 6. Approving zoning case number Z-07-016 would represent a serious breach of faith created by actions of prior City Councils. I request that you not approve subject zoning case Z-07-016. Approval of this case would disturb the long standing stability of this area created by actions of prior City Councils of Colleyville. Sincerely, ~ r~J i RECEIVES pl~/m ~ ~'l~ Samuel J. Collough MAY 2 1 200 1 Pec „~.s«......1 Date: May 20, 2007 To: Planning and Zoning Commission Re: Opposition to proposed rezoning request Refer to: Zoning Case No. Z-07-016 Applicant: Bob Gammon Location: 4916 Behrens Road Zoning a request: From R40 to R30 Dear Sirs/Madams, My name is Norm Cox. I live at 4901 Behrens Road. I am writing to you to voice my opposition to the proposed zoning change by the petitioner from R40 to R30. Since 1977, the area surrounding the petitioner's lot bas been designated R40 zoning. hY those 40 years, the neighborhood has grown and matured, with families lured to it by the appeal of large lots and the protection of R40 zoning. Yet, it seem& that every ,few years,. someone, tries to capitalize on the rising land values by requesting a zoning change to smaller lots. Usually, it's an oppordmist trying to make a fast buck and move on, while adversely affecting the remaining Property owners. In the 15 years that we have lived in this neighborhood, our neighbors and I have witnessed 3 separate challenges to our R40 zoning. Each time the City Council has denied the request, citing some or all of the following reasons: (1) Negative precedent for this and other similar R40 neighborhoods, (2) Adverse effects to surrounding property values from increased density, (3) Bucking the consistent and uniform trend in maintaining l+ acre homesites (4) Opposition (80-90'/0) by current R40 property owners in neighborhood. Sixteen homes have been built in this area over the past 16 years. Each one has followed the R40 zoning restricti..ons, with some actually purchasing additional square footage in order to meet the size requirements. To: allow the current petitioner R30 zoning is neither fair nor beneficial to the current property .owners. I therefore request that you deny the petition for R30 caning. Sincerely, Norm and Liz Cox RECEIVED MAY 2 3 2007 - Psi ............. Bruce & Brenda Huckins 1700 Glade Rd. Colleyville, Tx 76034 To: Colleyville Planning & Zoning Subject: Opposed to Request Change R-SO to R-30 Behrens and Glade Rd. Date:. May 24, 2007 Please allow this a-mail to serve as our opposition to change property from R40 to R30. The traffic at Glade and Behrens is already terrible and allowing this request would just make this even worse. Thanks for taking our point of view into consideration. ~ ~~.,C_, May 23, 2007 Frank and Linda Baker 4900 Behrens Rd. Colleyville, TX 76034 Community Development Department City of Colleyville 100 Main St. Colleyville, TX 76034 RE: Zoning Case # Z-07-016 4916 Behrens Rd Lot 1, Block 1 of the Harden Addition, currently zoned R40 Request by applicant Bob Gammon to rezone to R30 To Community Development, City of Colleyville: As property owners within the 200 feet of 4916 Behrens Road, via this letter, we are officially protesting the rezoning to R30 from R40. We are Opposed. Please see that this letter is inserted into the Public Hearing packet to the Planning and Zoning Meeting currently scheduled for May 29, 2007, and if necessary, all packets for future City Council hearings. Sincerely, ~ ~~~~~-. Frank and Linda Baker RECEIV~O MAY 2 4 100 l Per ............. ~c c~c~iah~Q t ~uca~ ~~,.~.~~/~ y~o i ~}t~ ,0-~. ~o ~y/~ht „~~ ~JUar~l Calr eehlr O yT0a5aoo7 RECEIVED MAY 2 5 2007 Psr ............. ORDINANCE 0-07-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 1.5 ACRES ON LOT 1, BLOCK 1, HARDEN ADDITION, FROM THE R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO R30- 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-07-016; 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 0-07-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. 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. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 1.5 acres on Lot 1, Block 1, Harden Addition from the R40-Single Family Residential zoning district to the R30-Single Family Residential zoning district, as depicted in the attached Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. 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 ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. Ordinance 0-07-xxxx Page 3 of 3 The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" 3017 5018 .5013. 50 t2 5004 3008 5008 1604 5006 SL~In 1416 1500 1508 1400 R2Q 4LD0 4601 4900 4901 siol 5008 ~ I i 5013 1700 50 04 1705 1709 1713 1717 1801 R 2~ 1 5005 ,~~©0 1704 170$ 712. 1718 1840 Site a ~.~~"~ ....~-- ~ talc ~ I ~~ ~/ ~ 4904 1717 172'! ~ 1Ct03 4~6 1701 4x00 t 1701 17p3 17`.13 t71~ 1$DCi 4808 4800 430° 4a09 4812 4905 4408 4Q~ 4812 4G01 4$05 4711 ,4$01 4800 4801 4G00 48011 480># R40 4804 aa4f 4712 4713 471? 4713 4800 471b 4dUl 4$QO 4710 4714 4709 4713 4703 47178 4706 47T3 4712