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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-07/08/2019City 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, July 8, 2019 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 MATHISEN PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES   1a. March 26, 2018 Planning & Zoning Commission Worksession Minutes 1b. March 26, 2018 Planning & Zoning Commission Meeting Minutes  1c. April 9, 2018 Planning & Zoning Commission Meeting Minutes 1d. April 23, 2018 Planning & Zoning Commission Worksession Minutes   Planning and Zoning  Commission Agenda July 8, 2019 City of Colleyville                                                                                    Page 2 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON  THE AGENDA 3.PUBLIC HEARING AGENDA ITEMS    3a Consideration of a Replat for Lot 1R, Block 1, of the J.M. Presley  Addition, located at 2308 Glade Road, Case PC19­011     3b Consideration of amendments to the Land Development Code,  specifically: Chapter 3, Section 3.7 – Non­conforming Uses, Lots and  Building, Subsection B – Non­conforming Lots of Record; Chapter 3,  Section 3.24 – Schedule of Permitted Uses, Subsection G ­ Schedule  of District Regulations; Chapter 3, Section 3.28 – Supplementary  District Regulations; and, Chapter 9, Section 9.7 – Lots, Subsection  G – Building Lines     3c Consideration of amendments to the Land Development Code,  specifically Chapter 3, Section 3.26 – Fences, Free Standing Walls,  and Screening Materials, Subsection E – Fence and Free Standing  Wall Setback Requirements 4.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards July 5, 2019  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 Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 7/8/2019 Type Approval of Minutes Department Community Development Title 1a. March 26, 2018 Planning & Zoning Commission Worksession Minutes 1b. March 26, 2018 Planning & Zoning Commission Meeting Minutes 1c. April 9, 2018 Planning & Zoning Commission Meeting Minutes 1d. April 23, 2018 Planning & Zoning Commission Worksession Minutes Attachments 1.March 26, 2018 P&Z Worksession Minutes 2.March 26, 2018 P&Z Minutes 3.April 9, 2018 P&Z Minutes 4.April 23, 2018 P&Z Worksession Minutes City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Worksession Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 26, 2018 6:15 PM Executive Conference Room Third Floor – City Hall CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission Worksession meeting was called to order by Chairwoman Mathisen on March 26, 2018, at 6:15 p.m. Roll Call Present: Raymond Allee, Veronica Baughman, Susan Mathisen, Charles Kelley, Claudia Bevill and Jason Elms Absent: Sam van Bever Staff Present: Ben Bryner, Felix Landry, Chief Brian Riley, Robert Mckeown, Taylor Schauwecker, Araceli Botello, and City Attorney Whitt Wyatt 2. PRESENTATION AND DISCUSSION 2a Presentation and discussion of a proposed Final Plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II on the property located at 105 & 103 John McCain Road and 7189 Cast Iron Forest Trail Felix Landry and Ben Bryner presented the case and briefed the Commission. There was general discussion regarding drainage, history of the PUD, lot orientation, and open space. 2b Presentation and discussion of request for Special Use Permit for Convenience Store with Gasoline Sales for the property located at 2800 Bandit Trail Felix Landry and Ben Bryner presented the case and briefed the Commission. There was general discussion regarding the PUD’s commercial zoning area, the number of gasoline pumps, gas sale tax revenue, permitted uses and masonry wall. The owner, Derick Murway, came forward and addressed the concerns brought forth by the Commission. Planning and Zoning Commission Minutes March 26, 2018 City of Colleyville Page 2 2c Presentation and discussion of a request for a zoning change from the AG & R-40 zoning district to the R-30 zoning district on property located at 200 Bandit Trail Felix Landry presented the case and briefed the Commission. There was general discussion regarding lot requirements, R-40 zoning, and lot waivers. 2d Presentation and discussion of a proposed Replat for Lots 2R1 and 2R2, Block 1, of the Falcon Point Addition on the property located at 200 Bandit Trail Felix Landry presented the case and briefed the Commission. There was general discussion regarding R-40 and R-30 zoning. 2e Presentation and discussion of a request for a zoning change from the AG zoning district to the R-20 zoning district on property located at 2313 Hall Johnson Road Felix Landry presented the case and briefed the Commission. There was general discussion regarding lot requirements. 2f Presentation and discussion of a Site Plan for proposed athletic fields for the property located at 901 Cheek-Sparger Road Felix Landry presented the case and briefed the Commission. There was general discussion regarding hours of operation, lights, and parking, and masonry wall. The applicant, Clint Wofford, came forward and addressed the concerns brought forth by the Commission. 3. ADJOURMENT The meeting adjourned at 6:57 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 Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 26, 2018 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Chairwoman Mathisen on March 26, 2018, at 7:15 p.m. Roll Call Present: Raymond Allee, Susan Mathisen, Charles Kelley, Claudia Bevill, and Jason Elms Absent: Sam van Bever and Veronica Baughman, Staff Present: Ben Bryner, Felix Landry, Chief Brian Riley, Robert Mckeown, Taylor Schauwecker, Araceli Botello, and City Attorney Whitt Wyatt 1. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda 2. APPROVAL OF MINUTES Commissioner Elms made a motion to approve the January 22, 2018 minutes. Commissioner Bevill seconded. The motion to approve carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 Commissioner Kelley made a motion to approve the February 12, 2018 minutes. Commissioner Bevill seconded. The motion to approve carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 Planning and Zoning Commission Minutes March 26, 2018 City of Colleyville Page 2 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a zoning change from the R-40 Single Family Residential zoning district and AG Agricultural zoning district to the PUD-R Planned Unit Development-Residential zoning district on Lots 1R1 & 1R2, Block 1, Bear Creek Plantation, located at 1312 John McCain Road and 7309 Holly Lane N, Case ZC18-002, CASE WITHDRAWN BY APPLICANT Chairwoman Mathisen noted that the applicant has formally request to withdraw and close the case, therefore no action needs to be taken by the Commission at this time. Community Development Director, Ben Bryner added that staff anticipates that this case will be presented in the future and it will be a new case. 3b Consideration of a zoning change from the AG Agricultural zoning district to the CC-1 Village Retail zoning district and a Special Use Permit (SUP) for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC18-001, TABLED FROM THE FEBRUARY 12, 2018 MEETING Commissioner Kelley made a motion to remove Case ZC18-001 from the table. Commissioner Elms seconded. The motion to remove case from the table carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 Ben Bryner presented the case and briefed the Commission. He added that the applicant has requested to table the case to the May 14, 2018 Planning and Zoning Commission Meeting in order to address concerns of drainage, setbacks, and screening along Hall Johnson Road. Commissioner Bevill made a motion to table Case ZC18-001 to the May 14, 2018 Planning and Zoning Commission Meeting. Commissioner Kelley seconded. The motion to table the case carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 Planning and Zoning Commission Minutes March 26, 2018 City of Colleyville Page 3 3c Consideration of a Special Use Permit for Alcoholic Beverage Sales – On- Premises Consumption on Lot 3A, Block 2, of the Village Park Addition, located at 4609 Colleyville Boulevard, Case ZC18-003 Felix Landry presented the case and briefed the Commission. The public hearing was opened at 7:27 p.m. The applicant, Catherine Chamblee, 600 Congress Avenue, Austin, Texas, came forward and briefed the Commission. Applicant addressed concerns regarding type of business and hours of operation. The public hearing was closed at 7:31 p.m. Commissioner Kelley made a motion to approve Case ZC18-003. Commissioner Elms seconded. The motion to approve carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 3d Consideration of a zoning change from the AG Agricultural zoning district to the PUD-R Planned Unit Development-Residential zoning district on Tract 2A01 & 2A02, Abstract 1543, in the George W Teeter Survey, located at 1309 Glade Road, Case ZC18-006 Ben Bryner presented the case and briefed the Commission. Fire Marshall, Robert McKeown, came forward before the Commission and addressed concerns regarding the cul-de-sac being up to code, the number of homes in a cul-de-sac, and parking. The public hearing was opened at 8:03 p.m. Kathy Hadley, 204 N. Timberline Drive, came forward and spoke in opposition to the case. Ms. Hadley addressed concerns regarding the number of proposed homes and maintaining the country atmosphere. The design engineer, Bryan Klein, 7075 Twin Hills Avenue, Dallas, Texas, came forward and briefed the commission. The engineer addressed concerns presented by the Commission. The public hearing was closed at 8:11 p.m. Planning and Zoning Commission Minutes March 26, 2018 City of Colleyville Page 4 Commissioner Elms made a motion to approve Case ZC18-006. Commissioner Allee seconded. The motion to approve carried by the following vote: Aye: 4 – Allee, Mathisen, Kelley, and Elms Nay: 1 - Bevill 3e Consideration of an amendment to the PUD-R Planned Unit Development-Residential zoning district regarding the minimum roof pitch requirement for the Carmel Place Estates subdivision, located at 4808 to 4920 Carmel Place, Case ZC18-008 Ben Bryner presented the case and briefed the Commission. The public hearing was opened at 8:18 p.m. With no citizen wishing to speak, the public hearing was closed at 8:19 p.m. Commissioner Kelley made a motion to approve Case ZC18-008. Commissioner Allee seconded the motion. The motion to approve carried by the following vote: Aye: 5 – Allee, Mathisen, Kelley, Bevill, and Elms Nay: 0 4. ADJOURNMENT The meeting adjourned at 8:20 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 Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 9, 2018 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Chair Mathisen on April 9, 2018, at 7:08 p.m. Roll Call Present: Susan Mathisen, Raymond Allee, Sam van Bever, Charles Kelley, Claudia Bevill, and Jason Elms Absent: Veronica Baughman Staff Present: Ben Bryner, Felix Landry, Oscar Chavez, Taylor Schauwecker, Chief Brian Riley, Robert Mckeown, Eddie Tangadunrat, Araceli Botello, and City Attorney Whitt Wyatt 1. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 2. PUBLIC HEARING AGENDA ITEMS 2a Consideration of a Final Plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, located at 105 & 103 John McCain Road and 7189 Cast Iron Forest Trail, Case PC17-004 Felix Landry presented the case and briefed the Commission. The public hearing was opened at 7:14 p.m. The applicant, Kevin Kessler, Jacobs Engineering, 1999 Bryan Street, Dallas, TX, came forward and briefed the Commission. The applicant addressed concerns regarding drainage. Susan Rau, 7105 Cast Iron Forrest Trail, spoke in opposition to the case. Mrs. Planning and Zoning Minutes April 9, 2018 Commission City of Colleyville Page 2 Rau addressed concerns regarding drainage. Ann Heape, 313 Old Grove Road, spoke in opposition to the case. Ms. Heape addressed concerns regarding the property being part of an HOA. Beth Battles, 101 John McCain Road, spoke in opposition to the case. Ms. Battles addressed concerns regarding drainage easement. The applicant, Kevin Kessler, came forward and addressed citizen concerns regarding drainage, detention pond, and tree preservation. The applicant, Mike Boswell, 2555 Southwest Grapevine Parkway, Grapevine, Texas, addressed citizen concerns regarding the property not belonging to the Old Grove HOA & having its own deed restrictions, and meeting with the surrounding neighbors. Ann Heape, 313 Old Grove Road, came forward and spoke again before the Commission. Ms. Heap addressed concerns regarding communication with Toll Brothers and the property belonging to the Old Grove HOA. Tanya Gross, 205 Old Grove Road, spoke in opposition to the case. Ms. Gross addressed concerns regarding the property belonging to the Old Grove HOA. A citizen spoke from his chair and audio was not able to record his statements. The applicant, Kevin Kessler, came forward and addressed citizen concerns regarding designing a detention pond to address the retention & redirection of water flow in order to prevent flooding in the neighboring properties. The applicant, Mike Boswell, 2555 Southwest Grapevine Parkway, Grapevine, Texas, came forward and suggested the item be tabled in order to meet with the surrounding neighbors. The public hearing was closed at 7:31 p.m. Commissioner Elms noted there are unresolved issues and it would be best to table the item. Commissioner van Bever made a motion to table Case PC17-004 to the May 14, 2018 Planning and Zoning Commission Meeting. Commissioner Kelley seconded. The motion to table carried by the following vote: Planning and Zoning Minutes April 9, 2018 Commission City of Colleyville Page 3 Aye: 6 – Mathisen, Allee, van Bever, Kelley, Bevill, and Elms Nay: 0 2b Consideration of a Special Use Permit for a Convenience Store with Gasoline Sales on Tract 2C1, Abstract 441, in the Jesse Doss Survey, located at 2800 Heritage Avenue, Case ZC18-004 Ben Bryner presented the case and briefed the Commission. The applicant, Josh Lincoln, HP Civil Engineering, 5339 Alpha Road, Dallas, Texas, came forward and briefed the Commission. The applicant addressed questions regarding screening of the dumpsters, lighting, hours of operation, and communication surrounding property owners. The public hearing was opened at 7:44 p.m. Cecilia Levings, 3916 Autumn Lane, Bedford, Texas, spoke in opposition to the case. Mrs. Levings addressed concerns regarding traffic. Terry Louthan, 3505 Silverwood Court, Bedford, Texas, spoke in opposition to the case. Mr. Louthan addressed concerns regarding traffic, light, and noise. Donald Levings, 3916 Autumn Lane, Bedford, Texas, spoke in opposition to the case. Mr. Levings addressed concerns regarding traffic and tanker trucks. Cindy Pfeiffer, 3512 Maplewood Court, Bedford, Texas, spoke in opposition to the case. Ms. Pfeiffer addressed concerns regarding traffic. Mick Cote, 3913 Silverwood Lane, Bedford, Texas, spoke in opposition to the case. Mr. Cote addressed concerns regarding developing near residential development. Susan Cox, 4213 Lombardy Court, spoke in opposition to the case. Ms. Cox addressed concerns regarding home values. John H. Gray, 3520 Aspen Drive, Bedford, Texas spoke in opposition to the case. Mr. Gray addressed concerns regarding traffic. Pat Coletti, 3921 Autumn Lane, Bedford, Texas, spoke in opposition to the case. Ms. Coletti addressed concerns regarding commercial development in residential area. Kyle Barton, 3920 Autumn Lane, Bedford, Texas, spoke in opposition to the case. Mr. Barton addressed concerns regarding traffic. Planning and Zoning Minutes April 9, 2018 Commission City of Colleyville Page 4 Shan Shan Barton, 3920 Autumn Lane, Bedford, Texas, spoke in opposition to the case. Mrs. Barton addressed concerns regarding the number of gas station. Thomas Boser, 3517 Silverwood Court, Bedford, Texas, spoke in opposition to the case. Mr. Boser addressed concerns regarding the widening of the road and light signals. Cheryl Turner, 5035 Shoreside Bend, Irving, Texas, spoke in opposition to the case. Ms. Turner addressed concerns regarding communication with the applicant and property value. Craig Ayers, 3408 Middleton Way, spoke in opposition to the case. Mr. Ayers addressed concerns regarding traffic. Irene Escalante, 4132 Parkview Court, Bedford, Texas, spoke in opposition to the case. Ms. Escalante addressed concerns regarding traffic. Denis Bider, 4105 Lombardy Court, spoke in opposition to the case. Mr. Bider addressed concerns regarding chemicals, traffic, and development in residential area. Robert Curry, 4117 Petrus Boulevard, spoke in opposition to the case. Mr. Curry addressed concerns regarding the number of convenient stores and gas station, the proposed location, and building in residential neighborhood. Charna Gray, 3520 Aspen Drive, Bedford, spoke in opposition to the case. Ms. Gray addressed concerns regarding traffic. Cindy Pfeiffer, 3512 Maplewood Court, Bedford, Texas, came forward and spoke again before the Commission. Jackie Keeling, 3512 Silverwood Court, Bedford, spoke in opposition to the case. Ms. Kneeling addressed concerns regarding the number and location of other gas stations surrounding the neighborhood. Marilyn Beaird, 4128 Parkview Court, Bedford, spoke in opposition to the case. Ms. Beird addressed concerns regarding the need of a gas station. Donald Levings, 3916 Autumn Lane, Bedford, Texas, came forward and spoke again before the Commission. Planning and Zoning Minutes April 9, 2018 Commission City of Colleyville Page 5 The following citizens did not wish to speak, but would like to have their opposition recorded: Barb Yunker, 4009 Silverwood Drive, Bedford, Texas Susan Crawford, 4305 Lombardy Court Grady Walker, 2309 John McCain Road Narendia K Siodaiah, 4109 Silverwood Lane, Bedford, Texas Shawn and Andrew Ha, 4309 Lombardy Court Claudia Elias-Alvarez, 4012 Lombardy Court Pradeep Balachandran, 4117 Silverwood Lane, Bedford, Texas Heather Flinn, 3508 Silverwood Court, Bedford, Texas The following citizens did not wish to speak, but would like to have their support recorded: Grady Walker, 2309 John McCain Road The applicant, Josh Lincoln, came forward and offered a rebuttal before the Commission regarding the concerns brought forth by citizens. The public hearing was closed at 8:35 p.m. There was general discussion amongst the commissioners. A citizen was allowed to approach and express concern about ownership of the adjacent road to the subject property, whether it would be HOA maintained or private. There was general discussion amongst the commissioners regarding concerns of the proposed development. Commissioner van Bever made a motion to deny Case ZC18-004. Commissioner Kelley seconded the motion. The motion to deny carried by the following vote: Aye: 6 – Mathisen, Allee, van Bever, Kelley, Bevill, and Elms Nay: 0 Chairwoman Mathisen order a five minute break and later reconvened the meeting after a five minute break. 2c Consideration of zoning change from the AG Agricultural and R40 Single Family Residential zoning districts to the R30 Single Family Residential Planning and Zoning Minutes April 9, 2018 Commission City of Colleyville Page 6 zoning district on Lot 2R, Block 1, of the Falcon Point Addition, located at 200 Bandit Trail, Case ZC18-005 Felix Landry presented the case and briefed the Commission. A representative of the applicants, Paul Coffer, 6808 Mystic Woods Lane, briefed the Commission. The public hearing was opened at 9:03 p.m. Karen Chapman, 103 Williamsburg Court, spoke in opposition to the case. Ms. Chapman addressed concerns regarding the road, pond, and drainage. Grady Walker, 7309 John McCain Road, spoke in support of this case. Mr. Walker addressed the goal of quality homes and home value. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the case. Ms. Hadley addressed concerns regarding the preservation of Colleyville. Paul Coffer came forward and provided a rebuttal before the Commission regarding the concerns brought forth by citizens. The public hearing was closed at 9:11 p.m. There was general discussion regarding the options the Commission had in regard to the case. Commissioner Elms made a motion to approve Case ZC18-005, the approval of the R-40 zoning for the sliver of land zoned AG Agricultural, and that any remaining property which is not zoned R-40 be brought forward with the appropriate plat waivers. Commissioner van Bever seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mathisen, Allee, van Bever, Kelley, Bevill, and Elms Nay: 0 2d Consideration of a Replat for Lots 2R1 and 2R2, Block 1, of the Falcon Point Addition, located at 200 Bandit Trail, Case PC18-001 Felix Landry and Ben Bryner presented the case and briefed the Commission. The public hearing was opened at 9:19 p.m. Planning and Zoning Minutes April 9, 2018 Commission City of Colleyville Page 7 Grady Walker, 7309 John McCain Road, spoke in support of this case. Mr. Walker addressed the improvement of the neighborhood. Karen Chapman, 103 Williamsburg Court, spoke in opposition to the case. Ms. Chapman addressed concerns regarding keeping the property as one large lot. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the case. Ms. Hadley addressed concern regarding keeping the property zoned as R-40. The public hearing was closed at 9:23 p.m. There was general discussion regarding a road in the middle of the proposed development. Commissioner Allee made a motion to approve Case PC18-001, with the condition that any evidence of an existing road be brought forth to City Council, and include the plat waiver for Lot 2R2 for lot width and size. Commissioner Elms seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mathisen, Allee, van Bever, Kelley, Bevill, and Elms Nay: 0 2e Consideration of a zoning change from the AG Agricultural zoning district to the R20 Single Family Residential zoning district on Tract 1R09, Abstract 1619, in the S C H Witten Survey, located at 2313 Hall Johnson Road, Case ZC18-007 Felix Landry and Ben Bryner presented the case and briefed the Commission. The applicant, Randy Primrose, 5506 Sycamore Drive, briefed the Commission and addressed concern brought forth by the Commission. The public hearing was opened at 9:35 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the case. Ms. Hadley addressed concerns regarding the number of homes. Mr. Primrose came forward and provided a rebuttal before the Commission regarding on the number of homes to be placed on the property. The public hearing was closed at 9:36 p.m. Planning and Zoning Minutes April 9, 2018 Commission City of Colleyville Page 8 Commissioner Elms made a motion to approve Case ZC18-007. Commissioner Bevill seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mathisen, Allee, van Bever, Kelley, Bevill, and Elms Nay: 0 2f Consideration of approval of a Site Plan for athletic fields on Lot 1R, Block 1, of the Covenant Christian Academy Addition, located at 901 Cheek- Sparger Road, Case SP18-001. Felix Landry presented the case and briefed the Commission. The applicant, Keith Castillo, 5112 North Wind Drive, Hurst, Texas, the project architect, Mark Walford, 1161 Corporate Drive, Arlington, Texas, and light manufacturer, Todd Spears, 400 West Main, Round Rock, Texas briefed the Commission and addressed any concerns brought forth. Commissioner van Bever excused himself from the meeting. The public hearing was opened at 10:16 p.m. Rusty Beam, 4702 Mill Crossing West, spoke in support of the case. Mr. Beam addressed the need for an athletic field in the City of Colleyville. Brooks P. Lynn, 710 Centerpark, Suite 140, spoke in support of this case. Mr. Lynn addressed the benefits of an athletic filed in community. Jeff Wilkinson, 925 Brestol Court West, Bedford, spoke in opposition to the case. Mr. Wilkinson addressed concerns regarding the height of the wall, maintenance of the easement, and parking. Tamina Fowler, 913 Brestol Court West, Bedford, spoke in opposition of the case. Ms. Fowler addressed concerns regarding the wall, the noise, and lights. Gerry M. Pifer, 913 Brestol Court West, Bedford, Texas, spoke in opposition to the case. Mr. Pifer addressed concerns regarding the wall, drainage, and parking. The following citizens did not wish to speak, but would like to have their support recorded: Becky Hyde, 3537 Meadowside Drive, Bedford, Texas Jarrod Upton, 5604 Texas Trail Planning and Zoning Minutes April 9, 2018 Commission City of Colleyville Page 9 Jason and Kim Rudman, 1311 Northridge Drive, Southlake, Texas Vernon Wells, 2251 King Fisher Drive, Westlake, Texas Jim and Laura Hurlburt, 1002 Rodeo Drive Stephanie Bartknecht, 700 Bear Creek Drive, Hurst, Texas Kelly Wofford, 3633 Spring Grove Drive, Bedford, Texas Adam Harvell, 909 Harwood Terrace, Bedford, Texas Steve and Becca Turner, 444 Hillview Drive, Hurst, Texas Sheila Shupp, 1300 Crest Drive Scott Freedman, 207 Mill Wood Court Allyson Brabon, 1936 Yucca Trail, Hurst, Texas Terry Wood, 315 John McCain Road Daniel Delph, 304 Sandlewood Lane, Euless, Texas Matt Herah, 604 Homestead Lane, Grapevine, Texas Dustin Stiefel, 909 Chalet Court Steve Eldridge, 4604 Lakeside Drive Don Perfect, 1909 Camden Court Jeff Williamson, 5509 Janet Lane Lisa Hudguin, 3916 Buckner Court, Bedford, Texas Michael Werner, 603 Hays Drive, Keller, Texas Shannon Caraway, 1907 Caspian Lane Jack Clark, 614 Dominion Drive, Southlake, Texas William Bourne, 5136 Bay View Drive, Fort Worth, Texas Kristin Smith, 825 Harwood Terrace, Bedford, Texas John Balderree, 3802 Shady Meadow Drive, Grapevine, Texas Eric Anderson, 7921 Forest View Court, North Richland Hills, Texas Michael Shupp, 1300 Crest Drive Myhandi Ballesteros, 8012 Bridge Street, North Richland Hills, Texas James Smith, 825 Harwood Terrace, Bedford, Texas Jimbo Cross, 1306 Wakefield, Southlake, Texas Lisa Myers, 3604 Cliffwood Drive Bobby Lowe, 4809 Cranbrook Drive West Charlene Wells, 2251 King Fisher Drive, Westlake, Texas Summer Stanley, 5113 Montclair Drive Justice Kerr, 3120 Oakdale Drive, Hurst, Texas Michael Briseno, 708 Lake Carillon Lane, Southlake, Texas Greg Smith, 1902 Summit Ridge Drive, Euless, Texas Alex Bisbon, 1936 Yucca Trail, Hurst, Texas The applicant, Keith Castillo and project architect, Mark Walford, came forward and provided a rebuttal before the Commission regarding the concern brought forth by the citizens. The public hearing was closed at 10:30 p.m. Planning and Zoning Minutes April 9, 2018 Commission City of Colleyville Page 10 Commissioner Kelley made a motion to approve Case SP18-001, with the addition of a living screen between the bleachers and the wall, and the project being broken up into two phases; phase one being the football field and phase two being the baseball field, to be presented at the May 4, 2019 Planning and Zoning Commission Meeting. Commissioner Bevill seconded the motion. The motion to approve carried by the following vote: Aye: 5 – Mathisen, Allee, Kelley, Bevill, and Elms Nay: 0 3. ADJOURNMENT The meeting adjourned at 10:38 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 Worksession Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 23, 2018 Executive Conference Room 6:15 PM Third Floor – City Hall CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission Worksession meeting was called to order by Chairwoman Mathisen on April 23, 2018, at 6:17 p.m. Roll Call Present: Susan Mathisen, Raymond Allee, Charles Kelley, and Claudia Bevill Absent: Veronica Baughman, Sam van Bever, and Jason Elms Staff Present: Ben Bryner, Felix Landry, Chief Brian Riley, Robert Mckeown, Araceli Botello, and City Attorney Whitt Wyatt 2. PUBLIC HEARING AGENDA ITEMS 2a Presentation and discussion of a request for an amendment to the PUD-C on property located at 7181 Colleyville Boulevard Felix Landry presented the case and briefed the Commission. There was general discussion regarding parking spaces, flow of traffic, environmental regulations, and the drive-thru. 2b Presentation and discussion of a request for a Special Use Permit to exceed the maximum number and total maximum size allowed by right for accessory buildings on property located at 6401 Westcoat Drive Felix Landry presented the case and briefed the Commission. There was general discussion regarding setback requirements and building materials. 2c Presentation and discussion of a request for zoning change from the AG Agricultural zoning district to the R-40 Single Family Planning and Zoning Commission Worksession Minutes April 23, 2018 City of Colleyville Page 2 Residential zoning district on property located at 411 McDonwell School Road E Felix Landry presented the case and briefed the Commission. 2d Presentation and discussion of a proposed Replat for Lot 1R, Block 1, Wood Estates Addition and Lot 1, Block 1, Westcoat Estate Addition on property located at 406 & 411 McDonwell School Rd E and 6605 Westcoat Drive Felix Landry presented the case and briefed the Commission. 2e Presentation and discussion of a request for a Special Use Permit to exceed the total maximum size allowed by right for accessory buildings and for a Servants or Caretakers Quarters on property located at 5810 Pool Road Felix Landry presented the case and briefed the Commission. There was general discussion regarding the intent use of the buildings, location/distance of the proposed buildings, and material for the buildings. 2f Presentation and discussion of a request for a zoning change from the AG Agricultural and R-20 Single Family Residential zoning districts to the AG Agricultural and R-20 Single Family Residential zoning districts on property located at 7209 & 7215 John McCain Road Felix Landry presented the case and briefed the Commission. There was general discussion regarding lot size, lot requirements, drainage, current development, zoning history, and the anticipated developer. 2g Presentation and discussion of a proposed Preliminary Plat for the Oak Creek Addition on property located at 7209 & 7215 John McCain Road Felix Landry presented the case and briefed the Commission. 2h Presentation and discussion of a request for a zoning change from the AG Agricultural zoning district to the RE Single Family ‘Estate’ Residential zoning district on property located at 6900 Pool Road Planning and Zoning Commission Worksession Minutes April 23, 2018 City of Colleyville Page 3 Felix Landry presented the case and briefed the Commission. There was general discussion regarding the location of the property within the City and the type of plat for the property. There was general discussion regarding tabled items that may be presented at the May 14, 2018 Planning and Zoning Commission Meeting. 3. ADJOURNMENT The meeting adjourned at 6:58 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 7/8/2019 Number Type Presentation and Discussion Department Community Development Title Consideration of a Replat for Lot 1R, Block 1, of the J.M. Presley Addition, located at 2308 Glade Road, Case PC19-011 Explanation The applicant, Greg Reid of Waterford Classic Homes, Inc., has submitted a request for a replat of Lot 1, Block 1, of the J.M. Presley Addition to include 17.5 feet of unplatted area along the east boundary, being approximately 2.10 acres, and zoned AG Agricultural district. The purpose is to create one platted residential lot to allow for the construction of a new single-family residential dwelling. There are no new lots proposed. A possible zoning change request is currently going through the approval process concurrently. Existing Conditions/Background: The subject property, 2308 Glade Road, resides on the north side of Glade Road between Patterson Court and Jim Mitchell Trail West. The subject property and tract has AG zoning and had a single family home which has been demolished so a new single family residential home may be built. There is a 17.5 feet area of land that exists between this property and the adjacent lot to the east that has never been platted. Lot Dimensions and Setbacks: Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the RE zoning regulations require the following standards: Minimum Lot Area: 80,000 square feet Minimum Lot Width: 200 feet Minimum Lot Depth: 200 feet Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 25 feet Minimum Rear Yard Setback: 40 feet Maximum Lot Coverage: 20 percent Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Maximum Impervious Coverage: 50 percent As submitted, the proposed plat with the addition of the 17.5 feet along the east boundary meets the requirements of the RE zoning as described in the Land Development Code. Surrounding Development: The properties to the north, south, and west are zoned R-20 Single-Family Residential zoning. The property to the east is zoned AG Agricultural zoning. The surrounding lots have developed with single family residences. Analysis: The proposed lot is working through the rezoning process with City Council. Based on Council’s discussion during their June 4, 2019 meeting, the applicant is pursuing the replat in order to include the additional 17.5 feet of land to accommodate the side yard setbacks required for the RE zoning district. The replat meets the requirements of zoning and the intent of the City’s Comprehensive Master Plan. Tree Preservation: Any subdivision 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. Staff Recommendation: Staff recommends approval, the proposed plat meets the requirements of the Land Development Code. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Plat Exhibit 5.Grading Plan 6.Utility Plan 7.Notification Map 8.Notification List 9.Property Owner Notification 10.Draft Resolution 4900 4913 2306 2212 2309 4901 2406 2403 4904 5100 2313 2404 2209 2303 5006 5005 2308 2401 2400 2305 4904 2301 2317 2208 2208 4905 2302 2309 4912 5007 2304 5102 5104 5008 24002308 2307 2300 2209 2301 2300 2305GREEN HILL LANEGLADE ROAD PATTERSON LANEJIM MITCHELL TRAIL WNORWALK DRIVE Aerial 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 anyone else 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. KPC19-011 2308 Glade Road Subject Property 4900 4913 2306 2212 2309 4901 2405 4808 5003 4809 2406 5000 48094807 2403 4904 5007 2201 2405 5105 5100 2200 2313 2404 5109 2204 2209 2303 5006 2305 5005 5107 5106 2308 4809 2309 2401 5006 4905 2400 2305 2303 4904 5101 2403 2301 2317 2401 2208 2208 5001 4905 2302 2309 4904 5002 4912 4804 5007 4900 24022304 5102 5103 4913 5104 4913 5008 5004 2400 4811 5101 4905 2308 4808 2307 5113 5108 2205 4812 4900 2300 2209 2209 2301 5005 2301 2307 2404 2500 2300 5111 2305 4908 5105 G L AD E ROADGLADE ROADGREEN HILL LANESUMMERBROOK DRIVEPATTERSON LANEJIM MITCHELL TRAIL WJIMMITCHELLTRAILED A N B U R Y D R I V E NORWALK DRIVE R-40 AG AG R-20 R-30 Zoning 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 anyone else 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. KPC19-011 2308 Glade Road Subject Property 4900 4913 2306 2212 2309 4901 48084809 2406 5000 2403 4904 2405 5100 2200 2313 2404 2209 2303 5006 5005 5106 2308 2401 5006 4905 2400 2305 4904 5101 2301 2317 2208 2208 4905 2302 2309 5002 4912 5007 24022304 5102 4913 5104 5008 5004 2400 4811 2308 4808 2307 2205 4812 4900 2300 2209 2209 2301 24042300 2305 5105 GLADE ROADGLADE ROADGREEN HILL LANEPATTERSON LANEJIM MITCHELL TRAIL WJIMMITCHELLTRAILENORWALK DRIVE Future Land Use 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 anyone else 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. KPC19-011 2308 Glade Road Subject Property Residential NOTEThe Contractor is to protect the existing trees during the construction ofthe new house. See Landscape Plan for Tree Survey.  4900 4716 4913 4804 2306 2212 2309 4901 2405 5017 4805 4808 5003 4809 2406 5000 5000 4808 48094807 4913 2113 2403 4801 4904 5007 4817 4809 2201 4709 2405 5105 5100 2200 4800 2313 2404 5109 2204 2209 2303 5006 2112 2305 5005 51075106 2308 4705 4808 2117 4801 4901 2402 4809 2309 2302 2401 5006 4905 4712 2400 4909 2305 2303 2304 4904 5106 2300 5101 2403 2301 4709 2400 2317 2401 2208 5110 4800 2208 5001 2404 4905 2302 2309 4904 5114 5002 4912 4708 4804 5007 4900 4801 4805 4800 24022304 5102 5103 4804 4913 5104 4801 4913 4821 5008 5004 2400 4724 5102 4811 5101 4905 2406 2308 4808 2307 2306 5113 5108 2205 4708 4812 2208 4900 2308 2300 2209 4723 4905 4600 2209 4811 4813 4805 50055008 5001 2301 2307 4800 2206 2404 2500 2300 5111 4908 2503 5105 5016 GLADE ROADGLADE ROADGREEN HILL LANESUMMERBROOKDRIVEBILL SIMMONS ROADPATTERSON LANEJIM MITCHELL TRAIL WJIM MITCHELL TRAIL ED A N B U R Y D R I V E NORWALK DRIVE MONTCLAIR DRIVENotification 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 anyone else 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. KPC19-011 2308 Glade Road Subject Property 500ft Buffer Properties within 500ft Owner Name Owner Address Owner City Owner Zip Situs Address SNEAD, DAVID 4900 PATTERSON LN COLLEYVILLE, TX 76034 4900 PATTERSON LN COBURN, TERI 2325 CHANDELLE DR IRVING, TX 75060 4913 W JIM MITCHELL TR RYPKEMA, WILLARD M 2306 NORWALK DR COLLEYVILLE, TX 76034 2306 NORWALK DR OSIER, GARY 2212 GLADE RD COLLEYVILLE, TX 76034 2212 GLADE RD BROWN, KIRK L 2309 NORWALK DR COLLEYVILLE, TX 76034 2309 NORWALK DR STUBBE, MARK 5302 WALNUT LN COLLEYVILLE, TX 76034 4901 PATTERSON LN BAHBAHANI, SALAH 4801 SHADYCREEK LN COLLEYVILLE, TX 76034 2406 GLADE RD ALLBEE, GARY 5000 SUMMERBROOK DR COLLEYVILLE, TX 76034 5000 SUMMERBROOK DR MCGUIRK, PAUL 2403 NORWALK DR COLLEYVILLE, TX 76034 2403 NORWALK DR BYRD, BRANDON T 4904 JIM MITCHELL TR E COLLEYVILLE, TX 76034 4904 E JIM MITCHELL TR SUMMERBROOK HOMEOWNERS ASSOC PO BOX 864 COLLEYVILLE, TX 76034 2405 NORWALK DR STUIT, RYAN 5100 GREEN HILL LN COLLEYVILLE, TX 76034 5100 GREEN HILL LN RECK MANAGEMENT TRUST 4811 PATTERSON LN COLLEYVILLE, TX 76034 2200 GLADE RD BRYANT, CONSOLATA ADHIAMBRO 2313 GLADE RD COLLEYVILLE, TX 76034 2313 GLADE RD BAHBAHANI, SALAH 4801 SHADYCREEK LN COLLEYVILLE, TX 76034 2404 GLADE RD ATWOOD, JON T 2209 NORWALK DR COLLEYVILLE, TX 76034 2209 NORWALK DR EADES, ERMA JEAN 2303 NORWALK DR COLLEYVILLE, TX 76034 2303 NORWALK DR HUFF, DAVID A 5006 GREEN HILL LN COLLEYVILLE, TX 76034 5006 GREEN HILL LN RYAN, MICHAEL 2305 DANBURY DR COLLEYVILLE, TX 76034 2305 DANBURY DR TAYLOR, BRETT MATTHEW 5005 GREEN HILL LN COLLEYVILLE, TX 76034 5005 GREEN HILL LN SPORL, PATRICK A 5106 GREEN HILL LN COLLEYVILLE, TX 76034 5106 GREEN HILL LN SANDERS, MARK 2308 GLADE RD COLLEYVILLE, TX 76034 2308 GLADE RD COOPER, RACHEL 2309 DANBURY DR COLLEYVILLE, TX 76034 2309 DANBURY DR MILLS J L & L M MILLS REVOCABL 2401 NORWALK DR COLLEYVILLE, TX 76034 2401 NORWALK DR HASBACH, ROBERT R 5006 SUMMERBROOK DR COLLEYVILLE, TX 76034 5006 SUMMERBROOK DR NAUS, JOHN 2400 GLADE RD COLLEYVILLE, TX 76034 2400 GLADE RD GONZALEZ, GONZALO 2305 NORWALK DR COLLEYVILLE, TX 76034 2305 NORWALK DR PRINCE, DANIEL 1211 SWEETBRIAR RUSTON, LA 71270 2303 DANBURY DR GREER, JO ELLEN 4904 JIM MITCHELL TR W COLLEYVILLE, TX 76034 4904 W JIM MITCHELL TR DEUPREE, JOE M 5101 MONTCLAIR DR COLLEYVILLE, TX 76034 5101 MONTCLAIR DR GILLAN, DAVID B 2301 NORWALK DR COLLEYVILLE, TX 76034 2301 NORWALK DR MULVEY, LEAH 2317 GLADE RD COLLEYVILLE, TX 76034 2317 GLADE RD BLAIR, DAVID 2401 DANBURY DR COLLEYVILLE, TX 76034 2401 DANBURY DR HEARN, GREGORY T 2208 NORWALK DR COLLEYVILLE, TX 76034 2208 NORWALK DR NESBITT, WILLIAM H 2208 GLADE RD COLLEYVILLE, TX 76034 2208 GLADE RD MILLER, STEVEN 4905 W JIM MITCHEL TR COLLEYVILLE, TX 76034 4905 W JIM MITCHELL TR REYNOLDS, PAUL R 2302 NORWALK DR COLLEYVILLE, TX 76034 2302 NORWALK DR VINCENT, JANIE K 2309 GLADE RD COLLEYVILLE, TX 76034 2309 GLADE RD GREGG, LINDA MARY 5002 SUMMERBROOK DR COLLEYVILLE, TX 76034 5002 SUMMERBROOK DR LITTLE, SUMMER 4912 JIM MITCHELL TRL E COLLEYVILLE, TX 76034 4912 E JIM MITCHELL TR RIDDLE, JOHN R 5007 GREEN HILL LN COLLEYVILLE, TX 76034 5007 GREEN HILL LN BLAIES, GRANT D 2402 NORWALK DR COLLEYVILLE, TX 76034 2402 NORWALK DR DORSEY, WM H 2304 NORWALK DR COLLEYVILLE, TX 76034 2304 NORWALK DR SEYBERT, DAVID 5102 GREEN HILL LN COLLEYVILLE, TX 76034 5102 GREEN HILL LN 4913 PATTERSON LN HERRERA, EDUARDO R 5104 GREEN HILL LN COLLEYVILLE, TX 76034 5104 GREEN HILL LN FELLS-BOHANON, BEVERLY 5008 GREEN HILL LN COLLEYVILLE, TX 76034 5008 GREEN HILL LN ATCHLEY, CHAD R 5004 SUMMERBROOK DR COLLEYVILLE, TX 76034 5004 SUMMERBROOK DR GLUCK, MICHAEL 2400 NORWALK DR COLLEYVILLE, TX 76034 2400 NORWALK DR 4811 PATTERSON LN STILWILL, DAVID 2308 NORWALK DR COLLEYVILLE, TX 76034 2308 NORWALK DR GARLISH, JAMES 4808 PATTERSON LN COLLEYVILLE, TX 76034 4808 PATTERSON LN BROUSSARD, WHITNEY 2307 NORWALK DR COLLEYVILLE, TX 76034 2307 NORWALK DR PATTERSON, MICHAEL E 2205 GLADE RD COLLEYVILLE, TX 76034 2205 GLADE RD WELLS SUSAN G RESIDENCE TRUST 5105 MONTCLAIR DR COLLEYVILLE, TX 76034 4812 W JIM MITCHELL TR FRYE, JORDAN ALAN 4900 JIM MITCHELL TRL W COLLEYVILLE, TX 76034 4900 W JIM MITCHELL TR LYNN, GARY L 2300 GLADE RD COLLEYVILLE, TX 76034 2300 GLADE RD TUTTLE, R DEREK 2209 DANBURY DR COLLEYVILLE, TX 76034 2209 DANBURY DR KHAN, ABDUN 4820 N HAVEN DALLAS, TX 75229 2209 GLADE RD MULVEY, JOHN M 2301 GLADE RD COLLEYVILLE, TX 76034 2301 GLADE RD PADILLA, J BENJAMIN 2301 DANBURY DR COLLEYVILLE, TX 76034 2301 DANBURY DR NGUYEN, TOM VAN 2307 DANBURY DR COLLEYVILLE, TX 76034 2307 DANBURY DR MA, HUNG Q 2300 NORWALK DR COLLEYVILLE, TX 76034 2300 NORWALK DR EMMERT, HEATH N 2305 GLADE RD COLLEYVILLE, TX 76034 2305 GLADE RD BROOK MEADOWS ADDITION P.O. BOX 492 COLLEYVILLE, TX 76034 COURTESY NOTICE LEYTON GROVE ADDITION P.O. BOX 1672 COLLEYVILLE, TX 76034 COURTESY NOTICE SUMMERBROOK ADDN (COLLEYVILLE)P.O. BOX 864 COLLEYVILLE, TX 76034 COURTESY NOTICE SUMMERBROOK WEST ADDN P.O. BOX 864 COLLEYVILLE, TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED REID, GREG P.O. BOX 444 KELLER, TX 76244 APPLICANT Public hearing notices were mailed on June 21, 2019 NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City»«Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, July 8, 2019 at 7:00 p.m. City Council Meetings: Tuesday, July 16, 2019 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Replat on Lot 1R, Block 1, of the J.M. Presley Addition, located at 2308 Glade Road. The purpose is to replat an additional 17.5 feet of area to the east into the existing single-family residential lot. Zoning Case: PC19-011 Applicant: Greg Reid Owner: Mark and Jennifer Sanders Location: 2308 Glade Road Property Description: Lot 1, Block 1, of the J.M. Presley Addition and 17.5 feet along the east boundary Present Zoning: AG Agricultural district This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/government/departments-a-l/community-development/active-development- cases For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com RESOLUTION R-19-XXXX A RESOLUTION APPROVING A REPLAT FOR LOT 1R, BLOCK 1, OF THE J.M. PRESLEY ADDITION WHEREAS,the Planning and Zoning Commission recommended approval of the Replat for Lot 1R, Block 1, J.M. Presley Addition, being a replat of Lot 1, Block 1, J.M. Presley Addition and 17.5 feet east of the lot located at 2308 Glade Road on July 8, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Replat for Lot 1R, Block 1, J.M. Presley Addition, attached as Exhibit “A" - Plat Exhibit, is hereby approved. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 16th DAY OF JULY 2019. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 5, Chuck Kelley Place 3, Kathy Wheat Place 6, Callie Rigney Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor Exhibit “A” - Plat Exhibit 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 3b Agenda Date 7/8/2019 Number Type Presentation and Discussion Department Community Development Title Consideration of amendments to the Land Development Code, specifically: Chapter 3, Section 3.7 – Non-conforming Uses, Lots and Building, Subsection B – Non-conforming Lots of Record; Chapter 3, Section 3.24 – Schedule of Permitted Uses, Subsection G - Schedule of District Regulations; Chapter 3, Section 3.28 – Supplementary District Regulations; and, Chapter 9, Section 9.7 – Lots, Subsection G – Building Lines Explanation During a recent meeting, the City Council directed staff to amend the Land Development Code pertaining to the enforcement of building lines. These amendments would clarify that the minimum required building lines for every property shall be in conformance with the existing zoning on the lot. This would also apply in situations where platted lots have different building lines shown that differ from zoning. The allowances for yard adjustments are proposed to be eliminated. If approved, zoning variances and plat waivers would be the mechanisms to allow for building lines to differ from the zoning district. Recommendation Approve Attachments 1.Ch. 03 Amendments to 3.24.G Schedule of District Regulations - Redline v1 (6.17.19) 2.Ch. 03 Amendments to Section 3.28 & Ch. 09 Section 9.7 - Redline v1 (6.17.19) 3.Draft Ordinance - O-19-xxxx Amendments to LDC - Enforcement of Setbacks SECTION 3.24.G – SCHEDULE OF DISTRICT REGULATIONS MAXIMUM RESIDENTIAL DENSITY; MINIMUM LOT SIZE REQUIREMENTS; MINIMUM YARD REQUIREMENTS; MAXIMUM BUILDING HEIGHT; MAXIMUM LOT COVERAGE; OUTDOOR STORAGE; SCREENING; AND, HOURS OF OPERATION (See District Regulations Notes following Section 3.24.F for explanation of letters in charts) Zoning Districts Minimum Lot Size Requirements Max. Lot Size Minimum Yard Requirements** Max. Building Height Max. Lot Coverage Max. Impervious Coverage Area (sq. ft.) Min. Width in feet Min. Depth in feet Front/Street Side (feet) Each Side (feet) Rear (feet) Stories Feet Percent Percent Classification Per Family Total AG Agricultural 130,680 130,680 200 300 n.a. 40' 25' 40' 2.5 35' 20% 50% RE S.F. "Estate" Residential 80,000 80,000 200 300 n.a. 40' 25' 40' 2.5 35' 20% 50% R-40 Single Family Residential 40,000 40,000 150' 150' n.a. 40' 15' 25' 2.5 35' 20% 50% R-30 Single Family Residential 30,000 30,000 125' 125' n.a. 35' 10' 25' 2 5 35' 25% 55% R-20 Single Family Residential 20,000 20,000 100' 125' n.a. 30' 10' 25' 2.5 35' 30% 60% R-15 Single Family Residential 15,000 15,000 100' 125' n.a. 30' 10' 25' 2.5 35' 30% 60% R-D Two Family Residential 4,000 8,000 70' 115' n.a. 25' 10' 25' 2.5 30' 50% 60% R-MF Mufti-Family Residential (zoned after June 16, 1961) 2,700 18,000 70' 115' n.a. 25' 10' 25' 2.0 30' 50% 80% R-MF Mufti-Family Residential (zoned before June 16, 1961) 1,500 10,000 70' 115' n.a. 25' 10' 25' 3.0 30' 75% 80% MH Mobile Home (Minimum size of mobile home park - 40 spaces) 20,000 20,000 100' 125' n.a. 30' 10' 25' 2.5 30' 30% 40% C-PO Professional Office Commercial n.a. 7,200 100' 120' 1 acre 40' 15' (B/C) 10' (C/D) 2.0 35' 40% 80% CN Neighborhood Commercial n.a. 10,000 100' 120' 1 acre 40' 15' (B/C) 10' (C/D) 2.0 35' 40% 80% CC1 Village Retail n.a. 15,000 150' 120' 5 acres 40' (A) 15' (B/C) 10' (C/D) 2.0 35' 50% 80% CC2 Shopping Center n.a. 20,000 150' 120' none 40' (A) 15' (B/C) 10' (C/D) 2.0 35' 60% 80% CC3 Highway Commercial n.a. 10,000 150' 120' none 40' 15' (B/C) 10’ (C/D) 2.0 35' 70% 80% ML Light Manufacturing n.a. 10,000 100' 120' none 40' 15' (B/C) 10’ (C/D) 2.0 35' 60% 80% * All regulations may vary when above districts are used as a base district for a PUD. ** All required building lines shall adhere to the minimum yard requirement of the applicable zoning district for the property per Section 3.24.6- Schedule of District Regulations regardless of any setbacks shown on a plat unless a documented plat waiver has been approved. Chapter 3 - Section 3.7 – Non-conforming Uses, Lots and Buildings B. Non-conforming Lots of Record – In any zoning district in which single-family dwellings or commercial buildings are permitted, a single-family dwelling or commercial building and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter, notwithstanding limitations imposed by other provisions of this Chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the City Council per Chapter 1, Section 1.13.D and Sections 1.16.E. Chapter 3 – Section 3.28 Supplementary District Regulations A. All required building lines shall adhere to the minimum yard requirement of the applicable zoning district for the property per Section 3.24.6- Schedule of District Regulations regardless of any setbacks shown on a plat unless a documented plat waiver has been approved. J. Front Yard Adjustments – Front yard requirements as established in Section 3.24 - Schedule of District Regulations may be adjusted in the following cases: 1. Where forty (40) percent or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of ten (10) feet or less), a front yard greater or lesser in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings . 2. Where forty (40) percent or more of the frontage on one side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that do not have a front yard as described above, then: a. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent building on each side, or b. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent buildings. 3. Interior lots abutting on two streets shall provide the required front yard on both streets. 4. On corner lots, a front yard shall be provided on each street frontage except for lots of record as described in this Chapter. 5. Front yard requirements in all districts adjacent to an existing or proposed major thoroughfare or secondary thoroughfare street, as designated in the City’s latest Comprehensive Plan, shall be measured from such existing or proposed major thoroughfare or secondary thoroughfare street right-of-way line. K. Side Yard Adjustments – Side yard requirements as established in Section 3.24 Schedule of District Regulations may be adjusted in the following cases: 1. Commercial buildings used in part for dwelling purposes, where permitted, shall provide side yards not less than five (5) feet in width unless every dwelling unit therein opens directly upon a front yard, rear yard or court yard-. 2. Whenever a lot of record at the time of the effective date of this Chapter has a width of less than fifty (50) feet, the side yard on each side of a building may be reduced to a width not less than ten (10) percent of the width of the lot, but in no instance shall such width be less than four (4) feet. 3. On corner lots of record the yard adjacent to the side street shall not be less than fifteen (15) feet. 4. For commercial or industrial lots abutting a lot zoned CC1, CC2, CC3, CN, CPO or ML, subject to the approval of the city building official, a zero lot line is permitted on one side, provided a four hour fire wall is constructed at said zero lot line. Chapter 9 Subdivision Design & Public Facilities Section 9.7 Lots G. Building Lines – Front building lines shall be shown on all lots in the subdivision. Building lines shall be shown along each street-facing of corner lots and through-lots. The building Building lines shall be consistent with the minimum yard requirements of the applicable zoning district in which the lot exists. , hHowever, the City may approve a building line which differs from the zoning requirements when special conditions exist. ORDINANCE O-19-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, SECTION 3.7 – NON-CONFORMING USES, LOTS AND BUILDING, SUBSECTION B – NON-CONFORMING LOTS OF RECORD; CHAPTER 3, SECTION 3.24 – SCHEDULE OF PERMITTED USES, SUBSECTION G - SCHEDULE OF DISTRICT REGULATIONS; CHAPTER 3, SECTION 3.28 – SUPPLEMENTARY DISTRICT REGULATIONS; AND, CHAPTER 9, SECTION 9.7 – LOTS, SUBSECTION G – BUILDING LINES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council of the City of Colleyville approved Ordinance O- 00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Chapter 3, Section 3.7 – Non-conforming Uses, Lots and Building, Subsection B – Non- conforming Lots of Record; Chapter 3, Section 3.24 – Schedule of Permitted Uses, Subsection G - Schedule of District Regulations; Chapter 3, Section 3.28 – Supplementary District Regulations; and, Chapter 9, Section 9.7 – Lots, Subsection G – Building Lines of the Land Development Code as part of a comprehensive review of the Land Development Code; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT Chapter 3, Section 3.7 – Non-conforming Uses, Lots and Building, Subsection B – Non-conforming Lots of Record; Chapter 3, Section 3.24 – Schedule of Permitted Uses, Subsection G - Schedule of District Regulations; Chapter 3, Section 3.28 – Supplementary District Regulations; and, Chapter 9, Section 9.7 – Lots, Subsection G – Building Lines of the Land Development Code are hereby amended to read as depicted in the attached Exhibit “A”. Ordinance O-19-XXXX Page 2 of X Sec. 2.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. 3.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. 4.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. 5.THAT this ordinance shall take effect immediately from and after its passage. Sec. 6.THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of August 2019. The second reading and public hearing being conducted on the 20th day of August 2019. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 20TH DAY OF AUGUST 2019. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 3, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson Ordinance O-19-XXXX Page 3 of X ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Exhibit “A” {LDC amendments} 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 3c Agenda Date 7/8/2019 Number Type Presentation and Discussion Department Community Development Title Consideration of amendments to the Land Development Code, specifically Chapter 3, Section 3.26 – Fences, Free Standing Walls, and Screening Materials, Subsection E – Fence and Free Standing Wall Setback Requirements Explanation At a recent meeting, the City Council directed staff to bring forward amendments to the Land Development Code pertaining to the location of fences in relation to the front and street side property lines. The proposed amendments would restrict fences from extending beyond the front façade of the primary residential structure. This would be regardless of minimum front building line. The exception for properties containing a minimum of 40,000 square feet remains in effect. The proposed amendments would also restrict fences from extending into the required street side yard. The proposal does not provide a distinction between opaque fences/walls and non-opaque fences. The final amendment is an attempt to address potential fence replacement issues. The proposal would allow for fence replacements as long as it does not increase the non- conforming nature for both location and design. Recommendation Approve Attachments 1.Ch. 03 Fence Amendments - Redline v1 (6.14.19) 2.Draft Ordinance - O-19-xxxx Amendments to Chapter 3 - Section 3.26 Fences E. Fence and Free Standing Wall Setback Requirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent opaque construction shall extend into the required yard on which the primary structure facesbe located beyond the front façade of the primary residential structure. a. The primary fencing material shall be of wrought iron, pre-formed concrete, poured in place concrete, concrete masonry unit (CMU), brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. All poured in place concrete and CMU shall contain an architectural finish. b. On a corner lot, a house shall be deemed to face on that street on which it has its least dimension unless otherwise determined by the Building Official. c. Vehicle Gate setback: Any vehicle gate shall be set back a sufficient distance from the property line to allow vehicle queuing space in order to maintain safety and to prevent backup along the street pavement. Sufficient distance shall be determined by the Building Official. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said fencing shall be no greater than eight (8) feet in height and shall have no greater than twenty- five (25) percent opaque construction within the front yard. Allowed construction materials shall be the same as paragraph “1.a” above. This exception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences and walls within a required side yard adjacent to a street right-of-way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30”) in height that is greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: Nno fence or free standing wall greater than thirty (30) inches in height and no greater than twenty- five (25) percent opaque construction shall extend into the required street side yard. a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than two-thirds of the required front setback from the side property line (e.g. 2/3 of the required 30 foot front yard setback for the R-20 district, which is 20 feet), except on any lot having either a required side yard less than fifteen (15’) feet or an existing primary structure setback less than fifteen (15’) feet, then the fence or wall may be constructed with the same setback as the primary structure; or b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than two-thirds of the required front setback from the side property line (e.g. 2/3 of the required 30 foot front yard setback for the R-20 district, which is 20 feet); or c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer than two-thirds (2/3) of the required front setback from the side property line (e.g. 2/3 of the required 30 foot front yard setback for the R-20 district, which is 20 feet). A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in height and not greater than twenty-five percent opaque construction) within a required street side yard shall not be placed less than three feet (3’) from the side property line, and shall not be subject to the provisions of the preceding sections (a) through (d)paragraph. 3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the requirements above, no fence or wall greater than thirty (30) inches in height that is greater than twenty-five (25) percent opaque construction, shall be located less than fifteen (15) feet from the side property line adjacent to the street which leads into undeveloped property. See Exhibit “3-4”. Exhibit “3-4” Typical 15’-0” Solid Fence Setbacks 4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction requirements of paragraph “1.a” above and other adopted standards may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty (30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit “3-4”. 5. Twenty-five Percent Opaque Construction: The intent of this provision in Subsection E is to discourage barriers that resemble a compound or fortress and the calculation shall be as follows: Every eight (8) linear feet of fencing shall be at least 75% open to view from the street or public way. The 25% opaque construction shall be calculated based on the area of each eight (8) foot linear segment of the barrier. 6. Fence Replacement: An existing fence that does not comply with the regulations above may be replaced as long as it does not increase the non-conforming nature for both location and design. Any change will require compliance with the above regulations. 67. Special Use Permit Provision: Any request for a building permit for a fence/wall which does not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. Commented [JR1]: Will require changes… Commented [BB2]: We anticipate questions & concerns regarding replacement of fences and thus wanted to have a regulation in place. F. Administration 1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the Community Development Department. 2. Application for Permit - Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: a. Applicants name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. b. Name and owner of the property. c. Local address where fence is proposed to be erected. d. Materials and type of fence construction. e. Height of fence. f. Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. ORDINANCE O-19-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, SECTION 3.26 – FENCES, FREE STANDING WALLS, AND SCREENING MATERIALS, SUBSECTION E – FENCE AND FREE STANDING WALL SETBACK REQUIREMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City Council of the City of Colleyville approved Ordinance O- 00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville desires to amend Chapter 3, Section 3.26 – Fences, Free Standing Walls, and Screening Materials, Subsection E – Fence and Free Standing Wall Setback Requirements of the Land Development Code as part of a comprehensive review of the Land Development Code; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT Chapter 3, Section 3.26 – Fences, Free Standing Walls, and Screening Materials, Subsection E – Fence and Free Standing Wall Setback Requirements of the Land Development Code are hereby amended to read as depicted in the attached Exhibit “A”. Sec. 2.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. 3.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 Ordinance O-19-XXXX Page 2 of X so decided to be invalid or unconstitutional. Sec. 4.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. 5.THAT this ordinance shall take effect immediately from and after its passage. Sec. 6.THAT all other provisions of the Land Development Code shall remain in full force and effect, except as amended herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of August 2019. The second reading and public hearing being conducted on the 20th day of August 2019. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 20TH DAY OF AUGUST 2019. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 3, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM: Whitt L. Wyatt City Attorney Exhibit “A” {Chapter 3 amendments}