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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-03/13/2017City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 13, 2017 City Council Chambers PRE COMMISSION MEETING  6:15 P.M.  EXECUTIVE CONFERENCE ROOM  THIRD FLOOR LEGAL  BRIEFING  BY  CITY  ATTORNEY  REGARDING  PLANNING,  ZONING,  PLATTING, AND LAND USE REVIEW  OF  REGULAR  AGENDA  ITEMS  AND  DISCUSSION  OF  PREVIOUS  MEETING MINUTES DISCUSSION  OF  ITEMS  TO  BE  PLACED  ON  FUTURE  AGENDAS  AND  UPDATES  ON  DEVELOPMENT  TRENDS,  PROGRESS  AND  CITY  COUNCIL  ACTIONS ON PAST AGENDA ITEMS EXECUTIVE  SESSION  –  In  accordance  with  Texas  Government  Code  Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with  attorney on legal issues raised by public hearing or action items on the  agenda 7:00 P.M. ­ REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Baughman PLEDGE OF ALLEGIANCE 1.APPROVAL OF MINUTES February 13, 2017 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 3.PUBLIC HEARING AGENDA ITEMS Planning and Zoning  Commission Agenda March 13, 2017 City of Colleyville                                                                                    Page 2     3a Consideration of a Special Use Permit for a Servants or Caretakers  Quarters and  a Special Use Permit to allow for an Accessory Building  larger than permitted on Tract 3H, Abstract 211, BBB & C RY  Survey, located at 5513 Lowrie Road, Case ZC17­002  4.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, March  10, 2017 by 5:00 p.m. Araceli Botello Planning Technician A quorum of the Colleyville City Council may be in attendance at this  meeting. Any matter on this agenda may, at the discretion of the governing body, be  opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special  accommodations, please advise the City Secretary at least 48 hours in advance at  817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 13, 2017 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Dodson on February 13, 2017, at 7:00 p.m. Roll Call Present: Commissioners Susan Mathisen, Sam van Bever, Veronica Baughman, George Dodson, Charles Kelley, Don Davis, and Jason Elms Staff Present: Ben Bryner, Shane Pace, Fire Chief Brian Riley, Araceli Botello, and Assistant City Attorney Evan Fisher 1. APPROVAL OF MINUTES Commissioner van Bever made a motion to approve the January 9, 2017 minutes. Commissioner Mathisen seconded. The motion to approve the January 9, 2017 minutes carried by the following vote: Aye: 7 – Mathisen, van Bever, Baughman, Dodson, Kelley, Davis, and Elms 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a Special Use Permit for alcohol beverage sales (on- premises consumption) on Lot 1R1, Block 1, of the Market Addition, located at 5005 Colleyville Boulevard, Case ZC16-024 Shane Pace presented the case and briefed the Commission. The applicant, Apipun Thretipthuangsin, 1052 Alyssa Lane, Carrollton, Planning and Zoning Commission Minutes February 13, 2017 City of Colleyville Page 2 came forward and briefed the Commission. Chairman Dodson questioned applicant regarding owning a similar restaurant. Applicant replied yes, he owns a similar restaurant in Fort Worth. Chairman Dodson questioned applicant regarding understanding the requirement of 60 percent food and 40 percent alcohol sales. Applicant responded that he understood. Commissioner Mathisen added the alcohol sale is 40 percent maximum. Commissioner Mathisen questioned applicant regarding owning a restaurant in the past in Fort Worth. Applicant replied yes, he owns a second restaurant located in Fort Worth. Commissioner Mathisen question applicant if he would be operating two restaurants. Applicant responded that his brother would oversee the restaurant in Fort Worth and he would manage the restaurant in Colleyville. The public hearing was opened at 7:11 p.m. There being no others present wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Davis made a motion to approve Case ZC16- 024. Commissioner Kelley seconded. The motion to approve Case ZC16-024 carried by the following vote: Aye: 7 – Mathisen, van Bever, Baughman, Dodson, Kelley, Davis, and Elms 4. ADJOURNMENT The meeting adjourned at 7:12 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on _____________by a vote of ________. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 03/13/2017 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for a Servants or Caretakers Quarters and a Special Use Permit to allow for an Accessory Building larger than permitted on Tract 3H, Abstract 211, BBB & C RY Survey, located at 5513 Lowrie Road, Case ZC17-002 Explanation Joel Justiss, the applicant, has submitted a request for a Special Use Permit (SUP) to construct a 600 square foot Servants or Caretakers Quarters at 5513 Lowrie Road. Additionally, the applicant is requesting an SUP to allow the total square footage of the accessory building to exceed the square footage permitted by staff for all accessory buildings on the lot. Existing Conditions/Background: The subject property is zoned R-40 Single Family Residential district and generally located on the east side of Lowrie Road and south of LD Lockett Road. The subject property is 64,468 square feet, or 1.48 acres and currently developed with one single family home, and two existing accessory buildings. The existing accessory buildings consist of one 567 square foot two-story single car garage and one 447 square foot cabana or pool house. The total square footage for all existing accessory buildings is 1,014 square feet. Proposed Special Use Permit Request: Request – There are two components to the applicant’s request. 1. The applicant is requesting approval of an SUP to allow for the construction of a 600 square foot Servants or Caretakers Quarters. 2.The applicant is requesting an SUP to permit the proposed building expansion which would exceed the total square footage for all accessory buildings allowed to be permitted by staff on the subject property. Ordinance – 1. Chapter 2 – Definitions defines a Servant’s Quarters as: Servant’s Quarters. An accessory dwelling not rented or otherwise used as a separate domicile in a residential district for the sole use and occupancy of a member of the immediate family or persons employed on the premises by the Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 occupant on a full-time basis as domestic help, such as a maid, chauffeur, cook or gardener. Table 3.24.B – Schedule of Permitted Principal Uses establishes the requirement for a Special Use Permit for Servants or Caretakers Quarters in the R-40 district. Table 3.24.B also sets forth Special Land Use Standards for Servants or Caretakers Quarters. The special standards are listed below. Servants or Caretaker Quarters – Servants quarters for domestic servants employed on the premises or family members provided the gross habitable square feet of floor area shall not exceed six-hundred (600) square feet. Such quarters may be housed within the principal residential dwelling, above a residential garage, or be part of an accessory building on the same premises, and shall comply with minimum standards for light, health, safety, and occupancy in conformance with other applicable City codes and ordinances. 2. Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code establishes the maximum size and number of accessory buildings to be permitted by staff on a residential lot: “2. Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed the maximum square footage specified in the following table. b.For the purpose of this Section, the size of an accessory building shall be the square footage of the building footprint. c.An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP)." Analysis – The purpose of a Special Use Permit is to allow a use not normally allowed in a zoning district, which could be of benefit in a particular case to the general welfare, provided adequate development standards, and special requirements are imposed to protect surrounding uses or to preserve the character of the neighborhood. Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 1.The proposed Servants or Caretakers Quarters will be an addition to the rear of the existing two-story, single-car garage. The proposed accessory building complies with all requirements of the Land Development Code related to a Servants or Caretakers Quarters. The addition will contain a total of 600 square feet of habitable space which complies with the maximum 600 square feet allowed. 2.The proposed accessory building will also contain a 265 square foot covered porch. Since the porch is covered, the square footage is included in the total square footage calculation for all accessory buildings on the property. Therefore the proposed building does not comply with the following provisions of the Land Development Code: Section 3.27(A)2 – Maximum Size and Number of Buildings: For lots ranging from 1 to 2.99 acres in size, the maximum size allowed for all accessory buildings on the site is 1,750 square feet. The subject property is 64,468 square feet, or 1.48 acres. The proposal up for consideration requests to construct a Servants or Caretakers Quarters with a covered exterior porch totaling 865 square feet in size. As previously stated, the total square footage for the two existing accessory buildings is 1,014 square feet. Therefore, the total proposed square footage for all accessory buildings will be 1,879 square feet. This total exceeds the maximum 1,750 square footage allowed by 129 square feet. The applicant plans to construct the accessory building on the rear portion of the property, approximately 12 feet three inches (12’3”) from the side property line. The accessory building will be located entirely behind the primary residence and the existing two-story garage and will not be clearly visible from the street. The proposed height is 9 feet to the top plate of the exterior wall. The proposed accessory structure does not penetrate the vertical height envelope and meets the required side and rear yard setbacks, respectively. The applicant has indicated that the proposed building will be constructed with masonry materials, specifically stucco veneer and a ceramic tile roof The proposed accessory building complies with all other requirements of Section 3.27. The site plan and elevations have been included as attachments for your review. Surrounding Development: The properties to the north, south, and east are zoned R-40 Single Family Residential district and developed with single family homes. The properties to the west are zoned R-30 Single Family Residential district and R-40 Single Family Residential district and developed with single family homes. Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request on Friday, February 24, 2017. Both Grapevine-Colleyville ISD and Keller ISD, Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 4 where the subject property is located, were notified per State law. Notice was published in the Fort Worth Star-Telegram on Saturday, February 25, 2017 as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The applicant proposes to construct a 600 square foot Servants or Caretakers Quarters. The proposed accessory building meets all of the requirements for a Servants or Caretakers Quarters and appears to be compatible with the property and surrounding development patterns. However, the total square footage for all accessory buildings exceeds the allowed 1,750 square feet allowed to be permitted by staff by 129 square feet. Given the proposed compliance with all requirements for a Servants or Caretakers Quarters, the proposed location, size, and small degree of variance requested, staff recommends approval. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Statement of Planning Objectives 4.Site Plan 5.Conceptual Floor Plan 6.Proposed Building Elevations 7.Site Photos 8.Legal Notice 9.Property Owner Notification 10.Notification Map 11.Notification List 12.Draft Ordinance L O W R I E R E A G A N 5514 5512 5608 413 5605 5513 5509 5601 5508 5600 5604 5512 5516 5601 5508 5604 509 5600 5609 5508 601 5600 5700 5613 5605 605 5535 5600 5507 501707 5650 413 907 5200 ZC17-002 5513 LOWRIE ROAD Subject Property I 1 inch = 16 7 feet TARRANT COUNTY Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP 55045505 L O W R I E R E A G A N R-40 R-30 5514 5512 413 5608 5605 5513 5509 5601 5508 5600 5604 5512 5516 5601 509 5508 5609 5604 5600 5700 601 5508 605 5600 5613 5605 5535 5600 5507 501707 5650 413 907 5200 ZC17-002 5513 LOWRIE ROAD Legend Subject Property R-30 Single Family R esidential (30,000 sq. ft. m in) R-40 Single Family R esidential (40,000 sq. ft. m in) I 1 inch = 16 7 feet TARRANT COUNTY Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP 5505 5504 STATEMENT OF PLANNING OBJECTIVE 5513 Lowrie Rd. Colleyville 76034 We are proposing an addition for a living quarter in our back yard for my mother. The addition will extend from our detached garage and will include a kitchen, a living area, a bathroom, and a bedroom. The addition is the allowable 600 square feet under a special use permit. The addition is located behind the detached garage and will be essentially hidden from the road by the detached garage. At the back of the addition we are proposing a porch. The porch is approximately 265 square feet under roof. This request for the special use permit is for both the 600 square feet living quarter and for the 265 square feet porch. Si t e P l a n E X I S T I N G S T O R A G E A R E A Pr o p o s e d B u i l d i n g E l e v a t i o n s Pr o p o s e d B u i l d i n g E l e v a t i o n s )HEUXDU\  6(179,$(0$,/RQ)ULGD\)HEUXDU\  &KULVWLQH/RSH]   /HJDO1RWLFHV )RUW:RUWK6WDU7HOHJUDP :6HYHQWK6WUHHW )RUW:RUWK7;  'HDU&KULVWLQH Please publish and furnish an affidavit (N.E. Section): Saturday, February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egal Notice NOTICE OF PUBLIC HEARING Zoning Case Number: ZC17-002 Applicant: Joel Justiss Location: 5513 Lowrie Road Property Description: Tract 3H, Abstract 211, BBB & C RY Survey Present Zoning: R-40 Single Family Residential District Request: Consideration of a Special Use Permit for a Servants or Caretakers Quarters and a Special Use Permit to allow for an Accessory Building larger than permitted The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, March 13, 2017 at 7:00 p.m. City Council Meeting: Tuesday, April 4, 2017 & Tuesday, April 18, 2017 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real property within 200 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 200 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas. For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Shane Pace, AICP Principal Planner space@colleyville.com L O W R I E R E A G A N 5514 5512 5608 413 5605 5513 5509 5601 5508 5600 5604 5512 5516 5601 5508 5604 509 5600 5609 5508 601 5600 5700 5613 5605 605 5535 5600 5507 501707 5650 413 907 5200 ZC17-002 5513 LOWRIE ROAD Subject Property 200ft Buffer Properties within 200ftI1 inch = 16 7 feet TARRANT COUNTY Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP 55045505 Owner Name Owner Address Owner City Owner Zip Situs Address GRAVES, JERRY W 5604 REAGAN RD COLLEYVILLE, TX 76034 5604 REAGAN RD SELLERS, KATHRYN R 5512 LOWRIE RD COLLEYVILLE, TX 76034 5512 LOWRIE RD FRY, BRYON S 5508 LOWRIE RD COLLEYVILLE, TX 76034 5508 LOWRIE RD FRY, BRYON S 5508 LOWRIE RD COLLEYVILLE, TX 76034 5508 LOWRIE RD ALLEN, JERRY B 5516 LOWRIE RD COLLEYVILLE, TX 76034 5516 LOWRIE RD BECKUM, WILLIAM W 5601 LOWRIE RD COLLEYVILLE, TX 76034 5601 LOWRIE RD HOLDEN, FRANCES 5508 REAGAN RD COLLEYVILLE, TX 76034 5508 REAGAN RD FERGUSON, NORMA ANN BETHUNE 5605 LOWRIE RD COLLEYVILLE, TX 76034 5605 LOWRIE RD ANDERSON, WILLIAM C 5705 E BELKNAP ST HALTOM CITY, TX 76117 5509 LOWRIE RD HENLEY, MALCOM V 5514 LOWRIE RD COLLEYVILLE, TX 76034 5514 LOWRIE RD FITCH, F J 8500 EMERALD HILLS WAY APT E23 N RICHLAND HILLS, TX 76150 5505 LOWRIE RD JUSTISS, LISA 5513 LOWRIE RD COLLEYVILLE, TX 76034 5513 LOWRIE RD GIBSON, SCOTT C 5600 REAGAN RD COLLEYVILLE, TX 76034 5600 REAGAN RD C&G CUSTOM HOMES LLC 75 MAIN ST STE 100 COLLEYVILLE, TX 76034 5512 REAGAN RD RAWSON, MICHAEL P 5600 LOWRIE RD COLLEYVILLE, TX 76034 5600 LOWRIE RD VAN WYCKHOUSE, SCOTT A 5504 REAGAN RD COLLEYVILLE, TX 76034 5504 REAGAN RD JOEL JUSTISS 5513 LOWRIE ROAD COLLEYVILLE, TX 76034 APPLICANT KELLER ISD 350 KELLER PARKWAY KELLER, TX 76248 STATE LAW REQUIRED GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, February 24, 2017 by Araceli Botello Notification List ORDINANCE O-17-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF TRACT 3H, ABSTRACT 211, BBB & C RY SURVEY, LOCATED AT 5513 LOWRIE ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A SERVANTS OR CARETAKERS QUARTERS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Colleyville has received an application for a Special Use Permit for a Servants or Caretakers Quarters under Case No. ZC17-002; 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 to, 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 Ordinance O-17-XXXX Page 2 of 4 by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected 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 authorizing a Special Use Permit for a Servants or Caretakers Quarters on Tract 3H, Abstract 211, BBB & C RY Survey, located at 5513 Lowrie Road, as depicted on the attached as 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 the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The Special Use Permit shall apply to the construction of a Servants or Caretakers Quarters. b.The Servants or Caretakers Quarters shall only be permitted for domestic servants employed on the premises or family members, provided the gross habitable square feet of floor area shall not exceed six-hundred (600’) square feet. c.The accessory building shall be generally consistent with the, site plan and building elevations as depicted on the attached Exhibits “B” and “C” d.All requirements of the Land Development Code shall be met, Ordinance O-17-XXXX Page 3 of 4 except where amended herein. Sec. 5.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. Sec. 6.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of April 2017. The second reading and public hearing being conducted on the 18th day of April 2017. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE18th day of April 2017. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short Ordinance O-17-XXXX Page 4 of 4 ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan Exhibit “C” – Elevations Date: �,�� I'J I SPEAKER CARD K I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: Name: Address: City: �� I:U i I i State: Zip Code: Telephone Number:a)+W-13,93 Representing: (organization/self) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond In accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: 'information information is a Public