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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-04/10/2017City 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, April 10, 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 KELLY PLEDGE OF ALLEGIANCE 1.SWEARING IN OF NEWLY APPOINTED MEMBERS John Frazier 2.APPROVAL OF MINUTES March 13, 2017 Planning and Zoning  Commission Agenda April 10, 2017 City of Colleyville                                                                                    Page 2 3.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON  THE AGENDA   4.REGULAR AGENDA ITEMS     4a Consideration of a minor plat for the Glory House­Colleyville Addition  on property legally described as Tract 3A, Abstract 206, of the BBB &  C RY Survey, located at 5300 Pleasant Run Road, Case PC17­003 5.PUBLIC HEARING AGENDA ITEMS     5a Consideration of Special Use Permit for Automotive and Motor  Vehicle Sales on Lot 2R, Block 1, of the Nystel Addition, located at  1821 John McCain Road, Case ZC17­004     5b Consideration of a zoning change from the R40­Single Family  Residential zoning district to the R20­Single Family Residential  zoning district on Lots 26 and 27, of the Community Home Addition,  located at 1609 Cherry Lane, Case ZC17­005 6.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 7,  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, March 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 March 13, 2017, at 7:00 p.m. Roll Call Present: Commissioners Susan Mathisen, Sam van Bever, Veronica Baughman, George Dodson, and Charles Kelley Absent: Commissioner Jason Elms Staff Present: Ben Bryner, Fire Chief Brian Riley, Oscar Chavez, Taylor Schauwecker, Robert McKeown, Araceli Botello, and Assistant City Attorney Evan Fisher 1. APPROVAL OF MINUTES Commissioner Mathisen made a motion to approve the February 13, 2017 minutes. Commissioner Baughman seconded. The motion to approve the February 13, 2017 minutes carried by the following vote: Aye: 5 – Mathisen, van Bever, Baughman, Dodson, and Kelley 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 a Servants or Caretakers Quarters and Special Use Permit to allow for an Accessory Building Planning and Zoning Commission Minutes February 13, 2017 City of Colleyville Page 2 larger than permitted on Tract 3H, Abstract 211, BBB & C RY Survey, located at 5513 Lowrie Road, Case ZC17-002 Ben Bryner presented the case and briefed the Commission. The applicant, Joel Justiss, 5513 Lowrie Road, came forward and briefed the Commission. Chairman Dodson questioned applicant regarding the interior space in the front portion of the garage. Applicant responded the space is for storage and he hopes to build a door to enter into the living quarters. Commissioner Baughman questioned the applicant regarding the square footage of the storage space. Applicant responded the storage space is 20-22 feet wide and 8 feet in length. Commissioner Kelly and Baughman made a notation that living space is within range of the requirement for a living quarters permitted by the Land Development Code, if the storage space and second floor is not included in the calculations. Staff added the calculations of 600 square feet for the living space are based on the dimensions provided by the floor plan of the living space that do not include of the storage and the stairway area. Commissioner Mathisen questioned applicant regarding removal of trees on the property. Applicant responded yes, there are two dead trees that will be removed and will have 90 trees remaining on the property. Commissioner Baughman questioned applicant regarding sewer line connections to the living quarters. Applicant responded that he assumed the same sewer line for the main house will be used for the living quarters. Discussion continued regarding utility connection. Commissioner Mathisen questioned applicant regarding any additional options proposed to the living quarters to conform to the requirements of the Land Development Code. Applicant responded that he originally requested 1200 square feet for the living quarters, but reduced his original proposal to meet the required 600 square feet of maximum area allowed for the building expansion. Discussion continued regarding the permitted square footage allowed. Planning and Zoning Commission Minutes February 13, 2017 City of Colleyville Page 3 Commissioner Mathisen questioned applicant regarding feedback from his neighbors regarding his proposed expansion of a living quarters. Applicant responded he has reached out to some neighbors and did not received any objections to his proposal. The public hearing was opened at 7:21 p.m. Diana Gibson, 5600 Reagan Road, came forward and spoke in support. Ms. Gibson expressed concerns regarding drainage on her property. There being no others present wishing to speak, the public hearing was closed at 7:24 p.m. Commissioner Mathisen questioned staff regarding drainage issues. Staff responded a full drainage plan is not a requirement for small projects, but the standard to address drainage concerns is to minimize increase of run-off into adjacent properties. Development Engineer, Oscar Chavez, came forward and briefed the commission. Mr. Chavez responded drainage issues are addressed based on the size of the area to be disturbed, an in-depth grading plan is required for drainage review with larger developments. He added the proposed project’s disturbed area is minimal, and specifically to the back of the property. He went on to state that the Land Development Code allows for lot to lot grading, but a grading plan can be requested to minimize drainage to adjacent properties. Discussion continued regarding drainage. Commissioner van Bever made a motion to approve Case ZC17-002 with the condition that the Servant or Caretakers Quarters be served by the same utilities as the main house. Commissioner Baughman seconded. The motion to approve Case ZC17-002 with the condition that the Servant or Caretakers Quarters be served by the same utilities as the main house carried by the following vote: Aye: 5 – Mathisen, van Bever, Baughman, Dodson, and Kelley 4. ADJOURNMENT Planning and Zoning Commission Minutes February 13, 2017 City of Colleyville Page 4 The meeting adjourned at 7:30 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 4a Agenda Date 04/10/2017 Number Type Regular Agenda Items Department Community Development Title Consideration of a minor plat for the Glory House-Colleyville Addition on property legally described as Tract 3A, Abstract 206, of the BBB & C RY Survey, located at 5300 Pleasant Run Road, Case PC17-003 Explanation Olanrewaju Sobo, of Glory House Church, requests approval of a minor plat for the Glory House – Colleyville Addition on approximately 0.64 acres, located at 5300 Pleasant Run Road. The applicant proposes to create one lot with the intent to construct a new building. The applicant is requesting a waiver to the minimum lot width of the CN-Neighborhood Commercial district. Existing Conditions/Background: The subject property is currently unplatted and undeveloped. Approval of a rezoning request from the AG- Agricultural district to the CN- Neighborhood Commercial district was approved by City Council on December 20, 2016 (O-16-2001). The Glory House Church currently occupies the property at 5310 Pleasant Run Road (the former City of Colleyville Post Office). The church has purchased the property at 5300 Pleasant Run Road and plans to vacate the existing building and construct a new building on the subject property. Following completion of the new building, Glory House Church will only occupy the property at 5300 Pleasant Run Road. Lot Dimensions and Setbacks: Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the CN-Neighborhood Commercial district regulations require the following standards: Minimum Lot Area: 10,000 square feet Minimum Lot Width: 100 feet Minimum Lot Depth: 120 feet Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 15 feet Minimum Rear Yard Setback: 10 feet Maximum Lot Coverage: 40 percent As submitted, the proposed plat meets all of the requirements of the Land Development Code with the exception of the minimum lot width. Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 2 Waiver Request: The applicant is requesting a waiver to the minimum lot width requirements of the CN-Neighborhood Commercial district. As noted above, the minimum lot width requirement is 100 feet (measured at the front building line). The subject property is currently 87 feet wide. Minor plats are typically approved administratively by City staff. When circumstances arise requiring a waiver to a specific provision, the Land Development Code explicitly prescribes the authority to grant such waivers to the City Council. Therefore the request up for consideration must receive approval from City Council for the plat to be approved and filed. Analysis: The lot width dimension of 87 feet does not meet the requirements of the CN-Neighborhood Commercial district. Additionally, the lot width does not meet the minimum requirements for any of the commercial or single family residential districts. The Land Development Code only permits lot widths less than 100 feet in the Multi- Family or Planned Unit Development zoning districts. Section 9.7 of the Land Development Code states that the “City may approve a plat which contains a lot that does not meet the minimum requirements when special conditions exist.” In this case staff believes there are special conditions. The subject property is constrained in lot width due to existing developed conditions on three sides. The lots to the north and south currently have existing buildings and limited setbacks from the property lines. Therefore, acquiring additional land appears to be unfeasible. Surrounding Development: The properties to the north are zoned CN-Neighborhood Commercial and R-20 Single Family Residential. The property directly to the north is developed with the existing Glory House Church building. The properties to the west are zoned R-20 Single Family Residential and developed with single family homes. The property to the south is zoned AG-Agricultural district and is developed with one permanent structure (a large metal building). The properties to the east are zoned AG- Agricultural district and developed with single family homes. Fees: Park Land Dedication fees are required, in the amount of $800 per acre for non- residential development, when applicable. Park Land Dedication fees are due prior to filing the plat for record. Impact Fees are also required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit. Tree Preservation: The proposed subdivision must comply with Chapter 5 (Tree Preservation) of the Land Development Code. A Tree Removal Permit and associated Tree Preservation Plan must be approved prior to the removal of any tree, prior to site grading or dirt disturbance, or prior to new construction on the subject property. In addition to the requirements for approval of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the required percentage of existing protected tree canopy coverage as specified in Chapter 5, unless Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 3 or until the Planning and Zoning Commission formally grants a waiver to the required preservation. Staff has received a preliminary tree survey and it appears the project will maintain compliance with the Land Development Code Sidewalks: A minimum five-foot wide sidewalk is required along Pleasant Run Road with the construction of any new commercial building. Drainage and Stormwater Runoff: As required by the Land Development Code, preliminary drainage plans have been submitted with the proposed plat. Water and sanitary sewer services are available to the property. The developer is responsible for the extension of any water and sewer service lines to the individual lot as part of the development process. Public Notification: Notification of property owners is not required for the approval of a minor plat. However, notices were published on the City’s website and the agenda was posted in advance of the meeting for public review per standard procedure and the Texas Local Government Code. Staff Recommendation: The proposed minor plat meets the requirements of the Land Development Code, with the exception of the minimum lot width. As outlined in this briefing, staff believes special conditions exist on the subject property which warrant the approval of the waiver request. Staff recommends approval. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Plat Exhibit 4.Ordinance CENTRAL PL E A S A N T R U N 5226 815 5310 5300 816 813 817 5309 820 5217 5301 53135320 70 38 814 48 5201344266 64 62 60 4468 3272 5301 5312 PC17-003 5300 PLEASANT RUN ROAD Subject Property I 1 inch = 83 feet 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 CENTRAL PL E A S A N T R U N AG CNR-20 PUD-C AG PUD-C CC-1 CC-1 5226 815 5310 5300 816 813 817 5309 820 5217 5301 53135320 70 38 814 48 5201344266 64 62 60 4468 3272 5301 PC17-003 5300 PLEASANT RUN ROAD Subject PropertyAG Agricultural CC-1 Village Retail CN Neighborhood Commercial PUD-C Planned Unit Development, Commercial R-20 Single Family Residential (20,000 sq. ft. min)I 1 inch = 83 feet 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 ORDINANCE 0-16-2001 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.64 ACRES, ABSTRACT 206, TRACT 3A, IN THE BBB & C RY SURVEY LOCATED AT 5300 PLEASANT RUN ROAD, FROM THE AG- AGRICULTURAL DISTRICT TO THE CN-NEIGHBORHOOD COMMERCIAL ZONING DISTRICT; 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 rezoning under Case ZC16-019; 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 ,anew 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 designed to lessen congestion in the streets; and 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 Ordinance 0-16-2001 Page 2 of 4 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 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 I 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 on 0.64 acres of Abstract 206, Tract 3A, in the BBB & C RY SURVEY located at 5300 Pleasant Run Road, located at 5300 Pleasant Run Road from the AG-Agricultural district to the CN-Neighborhood Commercial district, as depicted in the attached Exhibit "A" and Exhibit "B". 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, 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. 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. Ordinance 0-16-2001 Page 3 of 4 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 6th day of December 2016. The second reading and public hearing being conducted on the 20th day of December 2016. PASSED AND APPROVED BY A VOTE OF 9- AYES, O NAYS, AND a ABSTENTIONS ON THIS THE 20TH DAY OF DECEMBER 2016. Mayor Richard NewtonMayor Pro Tern Chris Putnam "tt Place 1, Tammy Nakamura Place 5, Nancy Coplen Place 2, Bobby Lindamood Alit_ Place 6, Mike Taylor A1"<' Place 4, Jody Short AYTEST:OF COLLEYVILLE A-ou-k) Arrivfihelley, RMC Richard Newton CttSecretary Mayor APPROVED TO FORM AND LEGALITY: itt L. Wyatt City Attorney Exhibit "A"- Zoning Map 815 woo I: Ef63 CE TRAL R-20 5309 AG 817 6.,013 2 M c 2815 W 5303 J a. 1 5300 AG Ellertmos 5228 1 5217 528'1 70 i Fi. .D C St 34. 48 Vicinity Map rt` ZC16-019 CQ1 YVILLE 5300 PLEASANT RUN ROAD r-E*r.5 141111 Subject Property iH # J AG Agricultural Clan '41— 1'31_ 41 — ' -rCC-3 VillageRetail s`±._ I , o CN Neighborhood Commercial 0 11 1 inch=83 fE t PUD-C Planned Unit Development.Commercial eri 1417111` R-20 Single Family Residential(20.000 sq.ft_min) Exhibit "B"- Metes & Bounds Description PROPERTY DESCRIPTION Being a tract of land situated in the B.B.B. and C. RAILROAD CO. SURVEY, Abstract No. 206, Torrent County, Texas, and being oil-thatcertain--tract of land described in deed to Ruth M. Venable.os.. recorded in Volume 7478, Page 1163, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNI -at-o—found 5/8—inch iron rod on the west line of Pleasant Run Road (50 foot right—of—way), said iron rod being the northeast corner of said Venable tract and being North 89 degrees 49 minutes 00 seconds East, a distance of 25.00 feet from the southeast corner of Ratliff Addition, an addition to the City of Colleyville, Tarrant County, Texas, according to the plot thereof recorded in Volume 388-132, Page 82, Plat Records, Tarrant County, Texas; THENCE South, a distance of 87.00 feet to the southeast corner of said Venable tract and being the on the west line of said Pleasant Run Road and being the northeast corner of a tract of land described in deed to D & V Walker Family Limited Partnership Number Two as recorded in Instrument No. 0204220691, of said Deed Records, from which a found 1/2—inch iron rod bears South 53 degrees 02 minutes 52 seconds West, 3.53 feet; THENCE South 89 degrees 49 minutes 00 seconds West, a distance of 320.00 feet to the southwest corner of said Venable tract and being on the north line of said Walker Family tract and being the southeast corner of Lot 3, Block 1 of Ratliff Addition, Second Filing, an addition to the City of Coffeyville, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-152, Page 57, Plat Records, Tarrant County, Texas; THENCE North, o distance of 87.00 feet to a fence corner at the northwest corner of said Venable tract and being on the east line of said Lot 3 and being the southwest corner of Lot 2, Block 1 of Ratliff Addition, an addition to the City of Colleyville, Tarrant County, Texas, according to the plat thereof recorded in Cabinet B, Slide 844, of said Plat Records; THENCE North 89 degrees 49 minutes 00 seconds East, passing the southeast corner of said Lot 2 and the southwest corner of aforesaid Lot 1 at 95.00 feet and passing the southeast corner of soid Lot 1 at 295.00 feet and continuing a total distance of 320.00 feet and containing 27,839 square feet or 0.639 of one acre of land. THIS IS TO DECLARE that on this date a survey was mode on the ground, under my direction and supervision of the above described tract of land, There are no visible conflicts, visible evidence of easements or rights—of—way, or protrusions, except as shown, and that this dote the easements, rights—of—way or other locatable matters of record of which the undersigned has knowledge or has been advised are as shown or noted hereon. The subject property does not appear to lie within the limits of a 100—year flood hazard zone according to the Map published by the Federal Emergency Management Agency, and has a Zone "X" Rating as shown by Map No. 4843900295 J. dated AUGUST 23, 2000. The statement that the property does or does not lie within a 100—year flood zone is not to be token as a representation that the property will or will not flood. This Survey is not to be used foe construction purposes and is for the exclusive use of Rattikin Title Company only and this survey is made pursuant to that one certain title commitment under the OF number 05-11085, provided by the title company namedhereon. 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 5a Agenda Date 04/10/2017 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of Special Use Permit for Automotive and Motor Vehicle Sales on Lot 2R, Block 1, of the Nystel Addition, located at 1821 John McCain Road, Case ZC17-004 Explanation Andy Gardener, owner of A&L Imports Inc., has submitted a request for a Special Use Permit (SUP) to allow for Automotive and Motor Vehicle Sales at 1821 John McCain Road. The applicant currently owns and operates A&L Imports, an automotive sales company, at 1815 John McCain Road. The SUP request up for consideration will allow for the continuation of a “Vehicle Sales Area” on the adjacent property (1821) where the applicant is currently storing vehicles for sale as part of the A&L Imports business. Existing Conditions/Background: The subject property is zoned ML-Light Manufacturing district and generally located on the south side of John McCain Road and west of Colleyville Boulevard. The subject property is approximately 30,000 square feet and currently being used by A&L Imports to store vehicles for its automotive vehicle sales inventory. The subject property is currently undeveloped with no existing buildings. This property has historically been used to store items such as Recreational Vehicles (RVs), cars and trucks, and cargo trailers. The parking surface being used today is gravel and dirt as seen in the attached photographs provided by the applicant. To clarify, the SUP request is for the property located at 1821 John McCain Road, a vacant lot being used by A&L Imports to store vehicles. Since A&L Imports is requesting the SUP, it is important to include information pertaining to their business, and the corresponding SUPs all of which are related to 1815 John McCain Road. There have been two SUPs issued on the property at 1815 John McCain (again, this is the current location of A&L Imports). Ordinance O-04-1472 was approved in August 2004 and permitted “Vehicle Storage”. This SUP limited the sale of vehicles to inside of the building. It permitted storage of vehicles outside, but no inventory was permitted. Ordinance O-12-1984 was approved in February 2012. This SUP amended the previous ordinance to include outside vehicle sales. However, this ordinance required that all inventory be brought inside the building each evening with “no overnight parking of inventory”. At no time has a SUP been approved for the subject property (1821 John McCain Road) related to vehicle sales, storage, etc. Planning and Zoning Commission Agenda Briefing 5a City of Colleyville Page 2 Proposed Special Use Permit Request: Request –In the applicant’s Statement of Planning Objectives (attached), the specific request was to allow for “outdoor storage” at 1821 John McCain Road as an accessory use to A&L Imports business. This request was made in an effort to continue the use of the subject property for the storage of sales inventory for A&L Imports. Staff reviewed this request and determined that the most appropriate request is a SUP for Automotive and Motor Vehicle Sales. Furthermore, staff believes the request is clearly defined in the Land Development Code as a “Vehicle Sales Area” rather than outside storage. Regardless of the “label” given to the request, the LDC requires a SUP for all Auto Sales related land uses. Ordinance – Chapter 2 – Definitions, defines a Vehicle Sales Area as: Vehicle Sales Area. An open area or lot used for the display or sale of automobiles, where no repair work is done except minor reconditioning of the cars to be displayed and sold on the premises, and no dismantling of cars or sale or keeping of used car parts or junk on the premises. Table 3.24.B – Schedule of Permitted Principal Uses establishes the requirement for a Special Use Permit for Automotive and Vehicle Sales in the ML-Light Manufacturing District. Analysis – The request up for consideration is separate from the existing SUP for 1815 John McCain. Although the request is to continue the use of the subject property as a vehicle sales area for A&L Imports, the SUP request today, will not amend the existing SUP (Ordinance O-12-1984). 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. As part of the SUP approval process, City Council may: “…impose such safeguards, requirements and conditions as it deems are necessary to properly protect any surrounding property, surrounding use, or neighborhood character and to insure the appropriate conduct of the special permitted use, including, without limitation, imposing development standards, requiring public facility improvements and means of ingress and egress of public streets, establishing conditions of operation, establishing time limits, establishing location, arrangement and construction of any uses or structures, adopting regulations to protect the general welfare and adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view of other undesirable or hazardous conditions.” Planning and Zoning Commission Agenda Briefing 5a City of Colleyville Page 3 Since this request is to continue an existing use, staff has outlined the “typical” requirements for an SUP of this nature with the intent of allowing City Council to determine the appropriate measures necessary to continue such use. The typical requirements are outlined below: 1.Commercial Site Plan – A commercial site plan meeting the requirements of Section 3.31 of the Land Development Code. This includes items such as identifying the basic layout of the property, ingress and egress, fencing, screening, landscaping, etc. 2.All Weather Surface – Pavement improvements are typically required. If required, the parking area should meet the minimum requirements of Section 3.29.1.B –Parking Space Construction Standards B. Surfacing (New Structures) – All parking spaces, aisles and maneuvering areas shall be constructed of an all-weather surface composed of concrete, asphalt, brick or paving stone. Such paving shall meet the minimum construction standards contained in the Colleyville Building Code. Such all-weather surface shall be provided for all parking spaces, whether enclosed or unenclosed, and shall be connected by an all-weather surface driveway to a street or alley. Rock, gravel and dirt parking surfaces are prohibited. 3.Grading, and Drainage Plans – If pavement improvements are required for the property, a grading and drainage plan signed and sealed by a Professional Engineer in the State of Texas will be required for review. 4.Landscaping – Chapter 4 – Landscaping and Buffering of the Land Development Code states that the requirements of the Chapter may be applicable with the approval of a SUP. Staff recommends the landscaping be consistent with the existing conditions at 1815 John McCain road and meet the minimum landscape requirements set forth in the attached Ordinance O-04-1472. “Landscaping shall be provided in the right-of-way adjacent to the property, as shown in Exhibit "B". Shrubs shall be provided such that one eighteen inch or five-gallon plant shall be planted for each five (5) feet of street frontage.” 5.Screening - Staff recommends the screening be consistent with the existing conditions at 1815 John McCain road, and meet the minimum screening requirements set forth in the attached Ordinance O-04-1472. “The existing chain- link fence across the front of the property shall be removed prior to occupancy of the building. Any new fences constructed on the property shall comply with the requirements of the Land Development Code.” Surrounding Development: The properties to the north are zoned R-20 Single Family Residential district and AG- Agricultural district and developed with single family homes. The properties to the east and west are zoned ML-Light Manufacturing and Planning and Zoning Commission Agenda Briefing 5a City of Colleyville Page 4 developed with commercial and light industrial uses. The properties to the south are zoned ML- Light Manufacturing district and CC2- Shopping Center district and developed with the Cottonbelt Trail and railroad line. 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, March 24, 2017. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram on Saturday, March 25, 2017 as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The applicant has submitted a request for a SUP to allow for Automotive and Motor Vehicle Sales at 1821 John McCain Road. The request will allow A&L Imports to continue the use of the subject property as a Vehicle Sales Area. This use is consistent with the previous land use on the subject property and the adjacent property. The proposal should not adversely affect the surrounding properties. Staff recommends approval of the request with any conditions the City Council may feel are appropriate. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Photos Provided By Applicant - Existing Conditions 6.Photos Provided By Applicant - Previous Use 7.Existing Ordinance - 1815 John McCain O-12-1824 8.Original Ordinance - 1815 John McCain O-04-1472 9.Legal Notice 10.Property Owner Notification 11.Notification Map 12.Notification List 13.Draft Ordinance JOHN MCCAIN T H A M E S M A R A N A T H A B R O O K E 6930 1809 2050 1901 0 1815 1908 1821 1813 7204 7205 7201 7200 7203 7208 1809 7207 6900 7206 7200 7208 7205 7204 72097209 2000 2100 7212 0 72001805 7204 7208 7210 7211 ZC17-004 1821 JO HN MCCAIN ROAD Subject Property I 1 inch = 12 5 feet 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 JOHN MCCAIN T H A M E S M A R A N A T H A B R O O K E ML CC-2 R-20PUD-R PUD-R AG 6930 1809 2050 1901 0 1815 1908 1821 1813 7204 7205 7201 7200 7203 7208 1809 7207 6900 7206 7200 7208 7205 7204 72097209 2000 2100 7212 0 72001805 7204 7208 7210 7211 ZC17-004 1821 JO HN MCCAIN ROAD Subject Property AG Agricultural CC-2 Shopping Center ML Light ManufacturingPUD-R Planned Unit Development, Residential R-20 Single Family Residential (20,000 sq. ft. min)I 1 inch = 12 5 feet 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 JOHN MCCAIN T H A M E S M A R A N A T H A B R O O K E 6930 1809 2050 1901 0 1815 1908 1821 1813 7204 7205 7201 7200 7203 7208 1809 7207 6900 7206 7200 7208 7205 7204 72097209 2000 2100 7212 0 72001805 7204 7208 7210 7211 ZC17-004 1821 JO HN MCCAIN ROAD Subject PropertyRESIDENTIAL PARKS/ OPEN SPACECOLLEYVILLE BLVD CORRIDORI1 inch = 12 5 feet 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. FUTURE LAND USE MAP Statement of Planning Objectives Ph o t o s P r o v i d e d B y A p l l i c a n t - E x i s t i n g C o n d i t i o n s Ph o t o s P r o v i d e d B y A p l l i c a n t - E x i s t i n g C o n d i t i o n s Ph o t o s P r o v i d e d B y A p l l i c a n t - E x i s t i n g C o n d i t i o n s Ph o t o s P r o v i d e d b y A p p l i c a n t - P r e v i o u s U s e Ph o t o s P r o v i d e d b y A p p l i c a n t - P r e v i o u s U s e Ph o t o s P r o v i d e d b y A p p l i c a n t - P r e v i o u s U s e ExisWLng Ordinance - 1815 John McCain ExiVWLng Ordinance - 1815 John McCain ExiVWLng Ordinance - 1815 John McCain ExisWLng Ordinance - 1815 John McCain Original Ordinance - 1815 John McCain Original Ordinance - 1815 John McCain Original Ordinance - 1815 John McCain Original Ordinance - 1815 John McCain March 24, 2017 SENT VIA EMAIL on Friday, March 24, 2017 Christine Lopez L e g a l N o t i c e s Fort Worth Star-Telegram 400 W. Seventh Street Fort Worth, TX 76102 Dear Christine: Please publish and furnish an affidavit (N.E. Section): Saturday, March 25, 2017 The City of Colleyville Planning and Zoning Commission gives notice of a Public Hearing on Monday, 4/10/17 at 7:00 p.m. at City Hall, 100 Main Street, Colleyville, Texas: Case ZC17-004 - Consideration of Special Use Permit for Automotive and Motor Vehicle Sales on Lot 2R, Block 1, of the Nystel Addition, located at 1821 John McCain Road The City Council will hold a Public Hearing on the above items on 4/18/17 and 5/02/17 at 7:30 p.m. at City Hall, 100 Main Street, Colleyville, Texas. All interested citizens will be given the opportunity to speak and be heard. CITY OF COLLEYVILLE Araceli Botello Planning Technician Legal Notice NOTICE OF PUBLIC HEARING Zoning Case Number: ZC17-004 Applicant: Andy Gardner Location: 1821 John McCain Road Property Description: Lot 2R, Block 1, of the Nystel Addition Present Zoning: ML- Light Manufacturing District Request: Consideration of Special Use Permit for Automotive and Motor Vehicle Sales 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, April 10, 2017 at 7:00 p.m. City Council Meeting: Tuesday, April 18, 2017 & Tuesday, May 2, 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. Approvalby 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 Principal Planner space@colleyville.com Property Owner Notification JOHN MCCAIN C O L L E Y V I L L E T E N N I S O N T H A M E S M A J E S T I C B R O O K E C A S P I A N P R I M R O S E R O S E B R O O K P E B B L E H I L L B A L M O R A L B R A E M A R S T I L T O N M A R A N A T H A H E A T H E R M O R E 6930 1701 6900 6901 1690 2050 1809 7001 0 7001 6805 1721 1700 7015 1703 1901 6800 7009 18151701 7200 6950 6900 1908 2050 1821 1515 1701 6908 6904 2007 1813 1608 1704 1706 7109 7212 7214 7204 1521 7209 7207 2003 7200 7209 7208 7208 7301 7200 7201 7204 6811 72067205 72057203 7205 7219 7209 7210 7201 7200 7213 7201 7215 72037201 1508 7216 7205 7213 7209 7203 7208 7212 6801 1713 7204 1801 7211 1709 1805 1809 7212 7207 7211 7207 1705 7200 7215 7216730172122100 7204 7200 72137216 7300 7208 6816 7205 72087212 7204 7208 6301 7212 7204 7209 6805 1907 1601 1713 7036 7035 70217026 7010 7008 70187032 7006 7014 7022 7011 7020 7015 70317027 7017 7000 70237024 7304 7019 7012 70097013 7004 7028 7005 7016 7030 0 1603 1708 6810680868066804 68016800 6802 1709 6803 7002 7101 1717 6708 7001 1625 1605 1705 16131609 7204 6708 7007 16171621 1511 6710 2104 1701 1513 1509 1617 7300 2000 6812 2100 7030 1804 1509 6800 1504 7040 1620 7027 1517 1699 7201 1604 ZC17-004 1821 JO HN MCCAIN ROAD Subject Property Properties within 200ft 200ft BufferI1 inch = 33 3 feet 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 Owner Name Owner Address Owner City Owner Zip Situs Address GARDNER, ANDREW 1815 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1815 JOHN MCCAIN RD GARDNER, ANDREW 1815 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1815 JOHN MCCAIN RD REGIONAL RAIL ROW CO PO BOX 660163 DALLAS, TX 75266 2050 JOHN MCCAIN RD 1901 JOHN MCCAIN LLC 7308 THAMES TR COLLEYVILLE, TX 76034 1821 JOHN MCCAIN RD TIMARRON OWNERS ASSN INC 700 WENTWOOD DR SOUTHLAKE, TX 76092 2000 JOHN MCCAIN RD TURNER, C ALLEN 1908 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1908 JOHN MCCAIN RD PECAN CREEK VILLAGE CNTR PRTN 8231 E PRENTICE AVE GREENWOOD VILLAGE, CO 80111 6930 COLLEYVILLE BLVD DEES, JOHN 7200 MARANATHA CT COLLEYVILLE, TX 76034 7200 MARANATHA CT WHITAKER, M C 7204 MARANATHA CT COLLEYVILLE, TX 76034 7204 MARANATHA CT CHESAPEAKE LAND DEV CO LLC 6100 N WESTERN AVE OKLAHOMA CITY, OK 73118 6900 COLLEYVILLE BLVD ANDERSON, DAVID 1813 PRINCE MEADOW DR COLLEYVILLE, TX 76034 1813 PRINCE MEADOW DR ALLSTAR DOOR & MAINTENANCE LP PO BOX 92565 SOUTHLAKE, TX 76092 4205 COLLEYVILLE BLVD LOW-T CENTERS INC 1901 JOHN MCCAIN RD STE A COLLEYVILLE, TX 76034 1901 JOHN MCCAIN RD # A LOW T TOYZ LLC 1901 JOHN MCCAIN RD STE A COLLEYVILLE, TX 76034 1901 JOHN MCCAIN RD # A 1901 JOHN MCCAIN LLC 7308 THAMES TR COLLEYVILLE, TX 76034 1901 JOHN MCCAIN RD BRM ROOFING & CONSTRUCTION SVC 8205 KENTWOOD DR N RICHLND HLS, TX 76182 1901 JOHN MCCAIN RD # D RENDER, RICHARD E 7200 THAMES TR COLLEYVILLE, TX 76034 7200 THAMES TR PROFESSIONAL SALES LLP 1809 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1809 JOHN MCCAIN RD NELSON, ARNOLD E 5800 HUNTER TR COLLEYVILLE, TX 76034 1809 JOHN MCCAIN RD TIMARRON OWNER ASSOCIATION 700 WENTWOOD DRIVE SOUTHLAKE, TX 76092 COURTESY NOTICE GARDNER, ANDY 1815 JOHN MCCAIN ROAD COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, March 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 ON LOT 2R, BLOCK 1, OF THE NYSTEL ADDITION, LOCATED AT 1821 JOHN MCCAIN ROAD BY AUTHORIZING A SPECIAL USE PERMIT FOR AUTOMOTIVE AND MOTOR VEHICLE SALES; 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 Automotive and Motor Vehicle Sales under Case No. ZC17-004; 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 Automotive and Motor Vehicle Sales on Lot 2R, Block 1, of the Nystel Addition, located at 1821 John McCain 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.Only vehicles for sale shall be stored on the subject property. b.The delivery of vehicles by tractor-trailer to the property shall be restricted to the hours between 9: 00 a.m. and 3: 00 p. m., Monday through Friday. c.Delivery trucks shall not idle or have on lights after business hours. d.There shall be no additional signage on the subject property. e.Automobile repair and service, as defined by the Land Development Code, shall be prohibited. Ordinance O-17-XXXX Page 3 of 4 f.Landscaping shall be provided in the right-of-way adjacent to the property, as shown in Exhibit "B". Shrubs shall be provided such that one eighteen inch or five-gallon plant shall be planted for each five (5) feet of street frontage. g.The existing chain- link fence across the front of the property shall be removed prior to occupancy of the building. Any new fences constructed on the property shall comply with the requirements of the Land Development Code. h.This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. i.All requirements of the Land Development Code shall be met, 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. Ordinance O-17-XXXX Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 18th day of April 2017. The second reading and public hearing being conducted on the 2nd day of May 2017. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 2nd day of May 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 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 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 5b Agenda Date 04/10/2017 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from the R40-Single Family Residential zoning district to the R20-Single Family Residential zoning district on Lots 26 and 27, of the Community Home Addition, located at 1609 Cherry Lane, Case ZC17-005 Explanation Property owners Colin and Janice Travis have submitted a request to rezone approximately 1.29 acres located at 1609 Cherry Lane from the R-40 Single Family Residential district to the R-20-Single Family Residential district. The applicants are seeking a zoning change to allow for an increase in lot coverage and reduced setbacks. This request is a result of the existing platted lots being less than the required 40,000 square feet for the existing R-40 district. Existing Conditions/Background: The subject properties are platted lots of the Community Home Addition and zoned R-40 Single Family Residential District. The subject properties are generally located on the south side of Cherry Lane and east of Bluebonnet Drive. The subject properties are currently developed with one single family residential home across both lots which is proposed to be demolished. The subject properties were platted in 1952 prior to the incorporation of the City of Colleyville. At that time the property was most likely in the City of Grapevine or its Extraterritorial Jurisdiction (ETJ). No zoning regulations were in place at the time the plat was approved. Therefore the creation of a 27 lot subdivision with a majority of the lots being less than 40,000 square feet was not an issue. However, today the conditions on the ground are not consistent with the zoning district in which the subdivision is located. This creates the potential for a conflict or variance requests when a homeowner wishes to construct a large home during the redevelopment process. Proposed Zoning Change: Request – The applicant is requesting a zoning change from the R-40 Single Family Residential district to the R-20 Single Family Residential district to ultimately allow for an increase in lot coverage and a reduction in side yard setbacks for 2 platted lots. Based on the current R-40 zoning district regulations, the subject property does not meet the minimum requirements for lot width and lot area. Planning and Zoning Commission Agenda Briefing 5b City of Colleyville Page 2 Ordinance – Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-20 zoning regulations require the following standards: Minimum Lot Area: 20,000 square feet Minimum Lot Width: 100 feet Minimum Lot Depth: 125 feet Minimum Front Yard Setback: 33 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 30 percent The applicant has provided a zoning exhibit which identifies the two existing lots as Lot 26 and Lot 27 of the Community Home Addition. The exhibit confirms that the lot areas for each lot are approximately 27,500 square feet. The lots meet the R-20 zoning district’s minimum lot area of 20,000 square feet and other standards as listed above. Chapter 3 (Land Use) of the Land Development Code identifies the purpose and intent of the R-20 zoning district as primarily oriented toward low-density residential purposes and open space uses. Additionally, it states the principal uses shall be moderately low-density detached single family homes. Analysis – The applicant originally submitted a request for a variance to the maximum lot coverage for the R-40 zoning district and an encroachment into the side yard setback. This request was predicated on the applicants desire to construct a single- story 6,566 square foot home on Lot 26. The maximum lot coverage allowed in the R- 40 district is 20 percent. The request was to allow for a lot coverage of 25 percent. After review of the original variance request, staff determined that the most appropriate resolution is to rezone the subject property to the R-20 district which is more closely aligned with the size of the existing platted lots. This will prevent the need for variances on both lots and will allow the property owners to build a home commensurate to the surrounding homes and development patterns. Although the R-20 district as requested would be different than the zoning designations to the north, south, and west, it appears generally consistent with the development pattern in the area. Additionally, the properties immediately adjacent to the east are zoned R-20. The subject property meets the minimum requirements of the R-20 district, and does not meet the minimum requirements of the R-40 district. Should the request be approved, the subject property will be in compliance with all zoning regulations. Finally, should the rezoning request be approved, there is no potential for the lots to be subdivided into smaller lots. The regulations contained in the Land Development Code will not permit subdivision of the existing lots due to the minimum lot size requirement. Planning and Zoning Commission Agenda Briefing 5b City of Colleyville Page 3 Surrounding Development: The properties to the north, south, and west are zoned R-40 Single Family Residential district and developed with single family homes. The properties to the east are zoned R-20 Single Family Residential district and developed with single family homes. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single family residential uses. The proposed rezoning request does not seek to change the use on the subject property from single family residential uses. The comprehensive plan’s Residential Density Policy states that the maximum density of each residential project shall be 1.8 dwelling units per net acre. The proposed net density is 1.55 dwelling units per acre. The requested zoning change is consistent with the comprehensive plan. Fees: Park Land Dedication fees are not required for this request since a single family home currently exists on the subject property. Impact Fees may also be required per Chapter 13 (Impact Fees) of the Land Development Code and will be due prior to the issuance of a Building Permit. Tree Preservation: Any future development of the subject property must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. 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 on regarding this request on Friday, March 24, 2017. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram on Saturday, March 25, 2017 as required by State law and the Land Development Code. To date, staff has received seven letters of opposition to this request. The total percentage of property owners within 200 feet in opposition is 41.18 percent. Based on the percentage of opposition, the request will require an affirmative vote by three-fourths (3/4) of the members of City Council for approval. Staff Recommendation: The proposed zoning change is consistent with the City’s comprehensive plan. Although the requested R-20 district differs from R-40 zoning designations, the platted lots are more closely aligned with the requirements of the R- 20 district. Additionally, the proposed development is generally consistent with the surrounding properties and development pattern. Staff recommends approval of the proposed rezoning request. Planning and Zoning Commission Agenda Briefing 5b City of Colleyville Page 4 Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Zoning Exhibit 6.Original Request - Proposed Site Plan 7.Surrounding Lot Sizes 8.Letters of Opposition 9.Opposition Map 10.Legal Notice 11.Property Owner Notification 12.Notification Map 13.Notification List 14.Draft Ordinance C H E L S E ACHERRY AVALON ARTHUR 1700 5101 1609 5105 5111 1604 16121608 5013 5008 5104 5100 5012 5016 1600 1704 1704 5108 1705 1705 1705 1704 1708 5004 ZC17-005 1609 CHERRY LANE Subject Property I 1 inch = 10 4 feet 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 C H E L S E ACHERRY AVALON ARTHUR 1700 5101 1609 5105 5111 1604 16121608 5013 5008 5104 5100 5012 5016 1600 1704 1704 5108 1705 1705 1705 1704 1708 5004 R-40 R-20 ZC17-005 1609 CHERRY LANE Subject Property R-20 Single Family Residential (20,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) I 1 inch = 10 4 feet 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 C H E L S E ACHERRY AVALON ARTHUR 1700 5101 1609 5105 5111 1604 16121608 5013 5008 5104 5100 5012 5016 1600 1704 1704 5108 1705 1705 1705 1704 1708 5004 ZC17-005 1609 CHERRY LANE Subject Property RESIDENTIALI1 inch = 10 4 feet 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. FUTURE LAND USE MAP Statement of Planning Objectives 2 7 , 5 6 6 2 7 , 3 5 5 Z o n i n g E x h i b i t 129808 57978 56233 47794 41848 428144270642634 42109 42000 41889 41843415664079540616 35089 35063 33782 34048 33577 33871 33776 33392 33146 33032 32798 32557 27428 26436 26267 24953 24329 23665 23375 22819 22688 22325 21856 21285 2098720793 20736 19988 19851 19630 19503 19042 18980 18914 18900 18601 GLADE R O S E CHERRY B L U E B O N N E T C H E L S E A AVA L O N ARTHUR B E H R E N S AVONDALE C O V E N T R Y M A N N I N G S T A F F O R D B E H R E N S 5209 1700 1504 5305 5019 4916 5101 1609 5013 1717 5101 1608 151215041508 1600 5105 1604 16121500 1612 1608 1412 1721 1713 1701 4900 5301 4901 1416 4900 1500 5111 5016 5104 1505 5004 1509 4905 5108 5008 4901 1600 5100 5012 5208 1604 4900 4904 5005 5009 1704 5008 5108 5000 5104 1317 5100 5012 1708 5004 5016 1708 1704 1704 5117 5200 1708 5017 5204 1704 1708 1709 1705 1705 1705 1709 1709 4808 5121 1712 4805 1712 1713 1713 1712 1713 1405 5201 5005 5013 48084809 48094808 5011 5009 5205 5200 1315 5205 1400 4912 5201 5013 5009 5005 5017 5001 4901 4905 5125 5021 5121 5117 5113 5109 5101 5105 5212 5205 1408 ZC17-005 1609 CHERRY LANE Subject PropertyLot_Size Greater than 40,000 sq. ft. 30,000-39,999 sq. ft. Less than 30,000 sq. ft. I 1 inch = 25 0 feet 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. SURROUNDING LOT SIZES R O S E CHERRY C H E L S E A AVALON 1700 5209 1504 51015019 1609 5013 151215041508 1600 5105 1604 16121608 5111 5016 5104 1509 5108 5008 5100 5012 1505 5009 1704 5008 5108 5104 5100 5012 5004 1500 5016 1608 1612 5005 5000 1704 1704 5004 5204 1705 1705 1705 1704 1708 5208 5200 1500 ZC17-005 1609 CHERRY LANE Subject Prop erty Oppo sition Are a Parcels O pp osedI 1 inch = 171 feet 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. OPPOSITION MAP Total Land Area in Buffer (Includes R.O.W): 320440 Sq Ft /15.18 Total Acres Total Land Area O pposed (within 200 ft Notice Area): 131,960 Sq Ft/ 3.02 Total AcresPercent of Land Opposed (within the 200 ft. Notice Area): 41.18% March 24, 2017 SENT VIA EMAIL on Friday, March 24, 2017 Christine Lopez L e g a l N o t i c e s Fort Worth Star-Telegram 400 W. Seventh Street Fort Worth, TX 76102 Dear Christine: Please publish and furnish an affidavit (N.E. Section): Saturday, March 25, 2017 The City of Colleyville Planning and Zoning Commission gives notice of a Public Hearing on Monday, 4/10/17 at 7:00 p.m. at City Hall, 100 Main Street, Colleyville, Texas: Case ZC17-005 - Consideration of a zoning change from the R40-Single Family Residential zoning district to the R20-Single Family Residential zoning district on Lots 26 and 27, of the Community Home Addition, located at 1609 Cherry Lane The City Council will hold a Public Hearing on the above items on 5/02/17 and 5/16/17 at 7:30 p.m. at City Hall, 100 Main Street, Colleyville, Texas. All interested citizens will be given the opportunity to speak and be heard. CITY OF COLLEYVILLE Araceli Botello Planning Technician Legal Notice NOTICE OF PUBLIC HEARING Zoning Case Number: ZC17-005 Applicant: Colin and Janice Travis Location: 1609 Cherry Lane Property Description: Lots 26 and 27, of the Community Home Addition Present Zoning: R40- Single Family Residential District Request: Consideration of a zoning change from the R-40 Single Family Residential district to the R-20 Single Family Residential district 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, April 10, 2017 at 7:00 p.m. City Council Meeting: Tuesday, May 2, 2017 & Tuesday, May 16, 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. Approvalby 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 approvalof 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 Principal Planner space@colleyville.com Property Owner Notification GLADE R O S E C H E L S E A CHERRY AVA L O N ARTHUR AVONDALECOVENTRY B E H R E N S 1700 5209 1504 5101 1609 5013 15121508 1600 5105 1604 16121608 1713 1504 5019 5111 5016 5104 5004 1509 5108 5008 1600 5100 5012 1604 1608 1612 5121 5005 5009 1701 1704 5008 5108 5305 5000 5104 1717 5208 1721 5100 5012 1708 5004 5016 1708 17121704 1704 1712 5117 5200 1712 1708 5204 1704 1713 1708 1716 17131709 1713 1705 1705 1705 1709 1709 5201 1716 4916 1716 1717 1717 1716 1717 1713 4904 1505 1500 49014901 ZC17-005 1609 CHERRY LANE Subject Property 200ft Buffer Properties within 200ftI1 inch = 20 8 feet 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 Owner Name Owner Address Owner City Owner Zip Situs Address HERRON, DAVID 5105 ROSE ST COLLEYVILLE, TX 76034 5105 ROSE ST PAYNE, ELEANOR MARIE 6983 COX LN NORTH RICHLAND HILLS, TX 76182 1609 CHERRY LN HARRINGTON, D NEAL 5012 CHELSEA DR COLLEYVILLE, TX 76034 5012 CHELSEA DR DUCIC, YADRANKO 1700 GLADE RD COLLEYVILLE, TX 76034 1700 GLADE RD HICKEY, BRIAN DOUGLAS 5100 CHELSEA DR COLLEYVILLE, TX 76034 5100 CHELSEA DR PERRY, STAN 5111 ROSE ST COLLEYVILLE, TX 76034 5111 ROSE ST ROGERS, NANCY JO 1612 CHERRY LN COLLEYVILLE, TX 76034 1612 CHERRY LN MANGHAM, WEBSTER M 5008 CHELSEA DR COLLEYVILLE, TX 76034 5008 CHELSEA DR STROUD, ROBERT G 5101 ROSE ST COLLEYVILLE, TX 76034 5101 ROSE ST MILLER, TRACY S 5108 CHELSEA DR COLLEYVILLE, TX 76034 5108 CHELSEA DR ROGERS, NANCY 1612 CHERRY LN COLLEYVILLE, TX 76034 1608 CHERRY LN PHILLIPS, DEAN F PO BOX 610411 DALLAS, TX 75261 1604 CHERRY LN KING, MARY 5016 CHELSEA DR COLLEYVILLE, TX 76034 5016 CHELSEA DR BURAL, LYNN 5104 CHELSEA DR COLLEYVILLE, TX 76034 5104 CHELSEA DR FIRST ELB LIMITED INC 5104 CHELSEA DR COLLEYVILLE, TX 76034 5104 CHELSEA DR CHELSEA PARK HOA 1816 AVONDALE DRIVE COLLEYVILLE, TX 76034 COURTESY NOTICE TRAVIS, COLIN AND JANICE 4701 JIM MITCHELL TR. WEST COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, March 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 ON 1.29 ACRES, LOTS 26 AND 27 OF THE COMMUNITY HOME ADDITION LOCATED AT 1609 CHERRY LANE, FROM THE R-40 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE R-20 SINGLE FAMILY RESIDENTIAL DISTRICT; 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 rezoning under Case ZC17-005; 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 designed to lessen congestion in the streets; and 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 Ordinance O-17-XXXX Page 2 of 4 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 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 on 1.29 acres, Lots 26 and 27 of the Community Home Addition, located at 1609 Cherry Lane, from the R-40 Single Family Residential district to the R-20 Single Family Residential district, as depicted in the attached Exhibit “A” and Exhibit “B”. 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, 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. 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. Ordinance O-17-XXXX Page 3 of 4 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 6th day of December 2016. The second reading and public hearing being conducted on the 20th day of December 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 20TH DAY OF DECEMBER 2016. 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 ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whit Wyatt City Attorney Exhibit “A”- Zoning Map R40 Exhibit “B”- Metes & Bounds Description Date: /��-/% SPEAKER CARD 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:11f°fl Address: N City:_ �G'/State:% - Zip Code: Telephone Number: Representing:��� (organizatio (self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Nearing, the Planning and Zoning Commission will not respond in aycorrn7 with thq'/7exas Open Meetings Law, Chapter 551 of the Texas Local �� Government Code. Signed:,lei `%1� Pt -L -,This information is a Public Record. March 28, 2017 Community Development Department City of Colleyville 100 Main St Colleyville, TX 76034 Subject: Zoning Case ZC17-005; 1609 Cherry Lane, Colleyville, TX. To Whom It May Concern: My name is AMIIIC.� J— k0ki�-, I live at 16 Colleyville, TX 7603 i' Our property is within 200 ft of 1609 Cherry Lane. Please let this serve as our written protest to the requested zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district for the subject property Thank you for your consideration, Signatu APR 0 6 2017 CIN OF COLLLEYVILI E BY COMMUNITY DEV. DEPT March 29, 2017 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Ref: Zoning Case ZC17-005, 1609 Cherry Lane, Colleyville, TX Lots 26 and 27 of the Community Home Addition To Whom It May Concern: My name is I, y/ ; 1_ 1-t d/yL L 1-4)4 z,,1-& Y I live at 2�17-1 '�/o /OOS c S Colleyville, TX Please let this serve as our written protest to the requested zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district for the subject property. Thank you for your consideration. Signature Signature APR 10 2017 CITY OF COLLLEYVILLE BY COMMUNITY DEV. DEPT March 29, 2017 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Ref: Zoning Case ZC17-005, 1609 Cherry Lane, Colleyville, TX Lots 26 and 27 of the Community Home Addition To Whom It May Concern: My name is Lo , � " " � `44P—'C5 Ilive at 5O1��E' Colleyville, TX Please let this serve as our written protest to the requested zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district for the subject property. Thank you for your consideration. ignature Signature APR 1 0 2017 CITY OF COLLLEYVILLE BY COMMUNITY DEV. DEPT March 29, 2017 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Ref: Zoning Case ZC17-005, 1609 Cherry Lane, Colleyville, TX Lots 26 and 27 of the Community Home Addition To Whom It May Concern: My name is I live at cs i to Colleyville, TX Please let this serve as our written protest to the requested zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district for the subject property. Thank you for your consideration. Signatu Signature APR 10 2017 CITY OF COLLLEYVILLE BY COMMUNITY DEV. DEPT March 28, 2017 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 RE: Zoning Case ZC17-005;1604 Cherry Lane Colleyville, TX To Whom It May Concern: This letter is in regards to rezoning of the above property; We live at 5101 Rose Street; We have lived there for 11 years. The back of our property backs up partially to 1609 Cherry Lane; so it is within 200 feet of this property. Our names are Robert and Joyce Stroud. This letter is to serve as our written protest to the requested zoning change from R- 40 single family residential district to R-20 single family residential district; Doing this will ruin the entire feel of our "Community Addition". The trees alone that will be destroyed will be very sad. Your approval of the change on Cherry Street and Bluebonnet has caused enough change, not counting the "Preservation" subdivision. Thank you for your attentign in this matter. Sincerely, obe Stroud Jo e L. Stroud RECEIVED APR 0.3 2017 CITY OF COLLLEYVILLE 8Y COMMUNITY DEV. DEPT March 29, 2017 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Ref: Zoning Case ZC17-005, 1609 Cherry Lane, Colleyville, TX Lots 26 and 27 of the Community Home Addition To Whom It May Concern: Myname isAyla,-�� 'R— SU2y SpQ10�+ I live at Colleyville, TX h Please let this serve as our written protest to the requested zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district for the subject property. Thank you for your consideration. Signature RECEIVED APR 032017 CITY OF COLLLEYVILLE BY COMMUNITY DEV. DEPT Dean Phillips Box 210445 Bedford, Texas 76095 March 29 201.7 Community Development Department City of Colleyville 1.00 Main Street Colleyville, Texas 76034 Subject: zoning Case ZC17-005; 1609 Cherry Lane, Colleyville, Texas Dear Director of Zoning and planning: Our property is within 200 ft of 1609 Cherry Lane. This is a formal written protest to the requested zoning change from R-20 Single Family Residential district for the subject property. It would be very beneficial to the City of Colleyville, the citizens of Colleyville, and for future residents; 1. To have a universal zoning plan for all communities to reduce and potentially eliminate: 100's of hours of planning, hearings Risk of litigation on projects that are refused by the city. 2. And Provide a better pathway for economic development and future growth for the city for all real estate owners and investors in the real-estate of Colleyville. Regards, Dean Phillips, Sara Phillips 1604 Cherry R E C E IVE_ D APR 0 3 2017 CITY OF COLLLEYVILLE BY COMMUNITY DEV, DEPT March 28, 2017 Community Development Department City of Colleyville 100 Main St Colleyville, TX 76034 Subject: Zoning Case ZC17-005; 1609 Cherry Lane, Colleyville, TX. To Whom It May Concern: My name is Stan Perry. My wife, Carol, and I live at 5111 Rose Street, Colleyville, TX. Our property backs up to the property at 1609 Cherry Lane and, therefore, is definitely within 200 ft of the subject property. Please let this serve as our written protest to the requested zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district. When we purchased our lot over 10 years ago we researched the zoning, and we were happy to find that it was R-40 which allowed us to build the house we wanted with adequate spacing around it. It also affected our expectations for the potential changes we might see in our neighborhood and the spacing we could expect around and in front of the houses which might be constructed in the future. Thank you for your consideration, Stan Perry (!A'C. < Carol Perry ECEIVED APR 0 3 2017 CITY OF COLLLEYVILLE BY COMMUNITY DEV, DEPT March 29, 2017 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Ref: Zoning Case ZC17-005, 1609 Cherry Lane, Colleyville, TX Lots 26 and 27 of the Community Home Addition To Whom It May Concern: My name is o02nit A P'Z tr! `] etl I live at 5012 Ck4C=1-56� Q2lV- Colleyville, TX Please let this serve as our written protest to the requested zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district for the subject property. Thank you for your consideration. Signature Signature RECEIVED APR 0 3 2017 CITY OF COLLLEYVILLE BY COMMUNITY DEV. DEPT��� March 23, 2017 Community Development Department City of Colleyville 100 Main St Colieyville, TX 76034 Subject: Zoning Case ZC17d005; 1609 Cherry Lane, Colleyville, TX. To Whom It May Concern: My name is C��'� fit'! j Ce— k I 1 t) ( C fid 5'a- b J/"- I live at Colleyville, TX Our property is within 200 ft of 1609 Cherry Lane. Please let this serve as our written protest to the requested zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district for the subject property Thank you for your consideration, Signature RECEIVED APR 0 4 2011 CITY OF COLLLEYVILLE BY COMMUNITY DEV. DEPT March 28, 2017 Community Development Department RECEIVED City of Colleyville APR 0 4 2017 300 Main St CIV COLLEYVILLE BY BUILDING DEPARTMENT Colleyville, TX 76034 Subject: Zoning Case ZC17-005; 1609 Cherry Lane, Colleyville, TX. To Whom It May Concern: My name is C S I live at � 1 c`' -- Colleyville, TX Our property is within 200 ft of 1609 Cherry Lane. Please let this serve as our written protest to the requested zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district for the subject property Thank you for your consideration, Larch 28, 2017 I City of Colleyville 1-00 Main St Colleyville, TX 76034 Subject: Zoning Case ZC17-005; 1609 Cherry Lane, Colleyville, TX. To Whom It May Concern My name is l live at Colleyville, T' X' Dur property is within 200 ft of 1609 Cherry Lane. Please let -his serve as our written protest to the requested zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district for the subject property Thank YOU for your consideration, RECEIVED APR 0 6 Z017 CITY OF COLLLEYVILLE BY COMMUNITY DEV. DEPT Date: '' /7 SPEAKER CARD 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: L City: C' << YU" / l e ' State: 'TX Zip Code: % 6 03 Telephone Number: !�%7�5�}�3c� Representing: (organization/self) I understand / 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: is a Public Record. Date: Ll o -1g/ SPEAKER CARD I will speak In Support of this item. ,/1 1 will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: Name: Address: �L (O (�� 1U �I�� ) {/ �7 City: State: �� Zip Code: / (oU 30 Telephone Number: FS 7 (D&ti c(�)ggepresenting: (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 Signed: � '4 �- This information is a Public Date: /—(D l SPEAKER CARD 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: ZCI�-dam 36 Name: Address: City: . � Ji Q - State-_ Zip Code: �0-5L Telephone Numbe � x,00- t presenting: (organizati /self] I understand 1 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: Date: '7 SPEAKER CARD 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: Sd Name: SMA-) Per& Address: City: Q LLQ / LL State: - Zip Code: NO 0:3 Telephone Numbers 7a ��9 %3d Representing: SL7 (organization/self] 1 understand 1 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: This inion is a Public Date:&iz L0 Za'l-7— SPEAKER CARD 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: 56 Name: )-Dx+-1 1 �1n1TER 5 Address: Z Ras£ Y7` City: yvi�fYState: - _ Zip Code: 7/o D:pz— Telephone Number: Representing: (organization/self) 1 understand I am limited to speaking for five minutes. For busyness 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:` a Public Record.